H. Res. 1665 

In the House of Representatives, U. S., 

September 28, 2010. 

Resolved, That, upon the adoption of this resolution, the 

House shall be considered to have taken from the Speaker’s 

table the bill, H.R. 3619, with the Senate amendment thereto, and to have concurred in the Senate amendment with the 

following amendments: 

In lieu of the matter proposed to be inserted by the 

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

following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

Guard Authorization Act of 2010’’. 

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

this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

TITLE II—COAST GUARD 

Sec. 201. Appointment of civilian Coast Guard judges. 

Sec. 202. Industrial activities. 

Sec. 203. Reimbursement for medical-related travel expenses. 
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Sec. 204. Commissioned officers. 

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

(AFRH) system. 

Sec. 206. Grants to international maritime organizations. 

Sec. 207. Leave retention authority. 

Sec. 208. Enforcement authority. 

Sec. 209. Repeal. 

Sec. 210. Merchant Mariner Medical Advisory Committee. 

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

Sec. 212. Enhanced status quo officer promotion system. 

Sec. 213. Coast Guard vessels and aircraft. 

Sec. 214. Coast Guard District Ombudsmen. 

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

Sec. 216. Enforcement of coastwise trade laws. 

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

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

Sec. 219. Supplemental positioning system. 

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

Sec. 221. Coast guard housing. 

Sec. 222. Child development services. 

Sec. 223. Chaplain activity expense. 

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

TITLE III—SHIPPING AND NAVIGATION 

Sec. 301. Seaward extension of anchorage grounds jurisdiction. 

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

Sec. 303. Technical amendments to tonnage measurement law. 

Sec. 304. Merchant mariner document standards. 

Sec. 305. Ship emission reduction technology demonstration project. 

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

Sec. 307. Arctic marine shipping assessment implementation. 

TITLE IV—ACQUISITION REFORM 

Sec. 401. Chief Acquisition Officer. 

Sec. 402. Acquisitions. 

Sec. 403. National Security Cutters. 

Sec. 404. Acquisition workforce expedited hiring authority. 

TITLE V—COAST GUARD MODERNIZATION 

Sec. 501. Short title. 

Subtitle A—Coast Guard Leadership 

Sec. 511. Vice admirals. 

Subtitle B—Workforce Expertise 

Sec. 521. Prevention and response staff. 

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

Sec. 523. Powers and duties. 

Sec. 524. Appeals and waivers. 

Sec. 525. Coast Guard Academy. 

Sec. 526. Report regarding civilian marine inspectors. 

TITLE VI—MARINE SAFETY 
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Sec. 601. Short title. 

Sec. 602. Vessel size limits. 

Sec. 603. Cold weather survival training. 

Sec. 604. Fishing vessel safety. 

Sec. 605. Mariner records. 

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

towing vessels. 

Sec. 607. Log books. 

Sec. 608. Safe operations and equipment standards. 

Sec. 609. Approval of survival craft. 

Sec. 610. Safety management. 

Sec. 611. Protection against discrimination. 

Sec. 612. Oil fuel tank protection. 

Sec. 613. Oaths. 

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

documents. 

Sec. 615. Authorization to extend the duration of licenses, certificates of registry, and merchant mariners’ documents. 

Sec. 616. Merchant mariner assistance report. 

Sec. 617. Offshore supply vessels. 

Sec. 618. Associated equipment. 

Sec. 619. Lifesaving devices on uninspected vessels. 

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

Sec. 621. Renewal of advisory committees. 

Sec. 622. Delegation of authority. 

TITLE VII—OIL POLLUTION PREVENTION 

Sec. 701. Rulemakings. 

Sec. 702. Oil transfers from vessels. 

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

Sec. 704. Olympic Coast National Marine Sanctuary. 

Sec. 705. Prevention of small oil spills. 

Sec. 706. Improved coordination with tribal governments. 

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

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

Sec. 709. International efforts on enforcement. 

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

Sec. 711. Tug escorts for laden oil tankers. 

Sec. 712. Extension of financial responsibility. 

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

TITLE VIII—PORT SECURITY 

Sec. 801. America’s Waterway Watch Program. 

Sec. 802. Transportation Worker Identification Credential. 

Sec. 803. Interagency operational centers for port security. 

Sec. 804. Deployable, specialized forces. 

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

Sec. 806. Coast Guard port assistance Program. 

Sec. 807. Maritime biometric identification. 

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

Sec. 809. Transportation security cards on vessels. 

Sec. 810. Maritime Security Advisory Committees. 

Sec. 811. Seamen’s shoreside access. 

Sec. 812. Waterside security of especially hazardous cargo. 
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Sec. 813. Review of liquefied natural gas facilities. 

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

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

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

boat attack in major ports. 

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

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

processing; receipt. 

Sec. 819. Harmonizing security card expirations. 

Sec. 820. Clarification of rulemaking authority. 

Sec. 821. Port security training and certification. 

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

State harbor divisions, and law enforcement agencies. 

Sec. 823. Transportation security cards. 

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

Sec. 825. International port and facility inspection coordination. 

Sec. 826. Area transportation security incident mitigation plan. 

Sec. 827. Risk based resource allocation. 

Sec. 828. Port security zones. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. Waivers. 

Sec. 902. Crew wages on passenger vessels. 

Sec. 903. Technical corrections. 

Sec. 904. Manning requirement. 

Sec. 905. Study of bridges over navigable waters. 

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

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

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

Grande River, Texas, international water boundary. 

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

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

vessels on Lake Texoma in Texas and Oklahoma. 

Sec. 911. Strategy regarding drug trafficking vessels. 

Sec. 912. Use of force against piracy. 

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

Code. 

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

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

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

Sec. 917. Maritime law enforcement. 

Sec. 918. Capital investment plan. 

Sec. 919. Reports. 

Sec. 920. Compliance provision. 

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

TITLE X—CLEAN HULLS 

Subtitle A—General Provisions 

Sec. 1011. Definitions. 

Sec. 1012. Covered vessels. 
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Sec. 1013. Administration and enforcement. 

Sec. 1014. Compliance with international law. 

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

Subtitle B—Implementation of the Convention 

Sec. 1021. Certificates. 

Sec. 1022. Declaration. 

Sec. 1023. Other compliance documentation. 

Sec. 1024. Process for considering additional controls. 

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

and information. 

Sec. 1026. Communication and exchange of information. 

Subtitle C—Prohibitions and Enforcement Authority 

Sec. 1031. Prohibitions. 

Sec. 1032. Investigations and inspections by Secretary. 

Sec. 1033. EPA enforcement. 

Sec. 1034. Additional authority of the Administrator. 

Subtitle D—Action on Violation, Penalties, and Referrals 

Sec. 1041. Criminal enforcement. 

Sec. 1042. Civil enforcement. 

Sec. 1043. Liability in rem. 

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

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

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

Sec. 1047. Remedies not affected. 

Sec. 1048. Repeal. 

TITLE I—AUTHORIZATION 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are authorized to be appropriated for fiscal year 

2011 for necessary expenses of the Coast Guard as follows: 

(1) For the operation and maintenance of the Coast 

Guard, $6,970,681,000 of which $24,500,000 is authorized to be derived from the Oil Spill Liability Trust 

Fund to carry out the purposes of section 1012(a)(5) of 

the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)). 

(2) For the acquisition, construction, rebuilding, 

and improvement of aids to navigation, shore and off-
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shore facilities, vessels, and aircraft, including equipment 

related thereto, $1,640,000,000, of which— 

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

Spill Liability Trust Fund to carry out the purposes 

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

1990, to remain available until expended; 

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

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

(3) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, 

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

search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and 

treaties, ice operations, oceanographic research, and defense readiness, $28,034,000, to remain available until 

expended, of which $500,000 shall be derived from the 

Oil Spill Liability Trust Fund to carry out the purposes 

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

(4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for 

this purpose), payments under the Retired Serviceman’s 

Family Protection and Survivor Benefit Plans, and pay-
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ments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States 

Code, $1,400,700,000, to remain available until expended. 

(5) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative 

costs associated with the Bridge Alteration Program, 

$16,000,000. 

(6) For environmental compliance and restoration 

at Coast Guard facilities (other than parts and equipment associated with operation and maintenance), 

$13,329,000, to remain available until expended. 

(7) For the Coast Guard Reserve program, including personnel and training costs, equipment, and services, $135,675,000. 

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 

TRAINING. 

(a) ACTIVE DUTY STRENGTH.—The Coast Guard is authorized an end-of-year strength for active duty personnel of 

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

(b) MILITARY TRAINING STUDENT LOADS.—For fiscal 

year 2011, the Coast Guard is authorized average military 

training student loads as follows: 
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(1) For recruit and special training, 2,500 student 

years. 

(2) For flight training, 165 student years. 

(3) For professional training in military and civilian 

institutions, 350 student years. 

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

TITLE II—COAST GUARD 

SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES. 

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

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

‘‘§ 153. Appointment of judges 

‘‘The Secretary may appoint civilian employees of the 

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

Guard Court of Criminal Appeals as provided for in section 

866(a) of title 10.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such 

chapter is amended by adding at the end the following: 

‘‘153. Appointment of judges.’’. 

SEC. 202. INDUSTRIAL ACTIVITIES. 

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

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

orders’’; and 

(2) by adding at the end the following: 
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‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL ACTIVITIES.—Under this section, the Coast Guard industrial activities may accept orders from and enter into reimbursable 

agreements with establishments, agencies, and departments 

of the Department of Defense and the Department of Homeland Security.’’. 

SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL 

EXPENSES. 

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

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

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

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

in section 1072(5) of title 10) resides on an island that is located in the 48 contiguous States and the District of Columbia and that lacks public access roads to the mainland and 

is referred by a primary care physician to a specialty care 

provider (as defined in section 1074i(b) of title 10) on the 

mainland who provides services less than 100 miles from the 

location where the beneficiary resides, the Secretary shall reimburse the reasonable travel expenses of the covered beneficiary and, when accompaniment by an adult is necessary, 

for a parent or guardian of the covered beneficiary or another 
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member of the covered beneficiary’s family who is at least 21 

years of age.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such 

chapter is amended by adding at the end the following: 

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

SEC. 204. COMMISSIONED OFFICERS. 

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

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

‘‘§ 42. Number and distribution of commissioned officers 

on active duty promotion list 

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

Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 

7,200; except that the Commandant may temporarily increase 

that number by up to 2 percent for no more than 60 days 

following the date of the commissioning of a Coast Guard 

Academy class. 

‘‘(b) DISTRIBUTION PERCENTAGES BY GRADE.— 

‘‘(1) REQUIRED.—The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent 

for rear admiral; 0.375 percent for rear admiral (lower 

half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander. 
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‘‘(2) DISCRETIONARY.—The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. 

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

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

Guard require, any of the percentages set forth in 

paragraph (1); and 

‘‘(B) shall apply that total percentage reduction to any other lower grade or combination of 

lower grades. 

‘‘(c) COMPUTATIONS.— 

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

at least once each year, the total number of commissioned officers authorized to serve in each grade by applying the grade distribution percentages established by 

or under this section to the total number of commissioned officers listed on the current active duty promotion list. 

‘‘(2) ROUNDING FRACTIONS.—Subject to subsection 

(a), in making the computations under paragraph (1), 

any fraction shall be rounded to the nearest whole number. 

‘‘(3) TREATMENT OF OFFICERS SERVING OUTSIDE

COAST GUARD.—The number of commissioned officers 
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on the active duty promotion list below the rank of rear 

admiral (lower half) serving with other Federal departments or agencies on a reimbursable basis or excluded 

under section 324(d) of title 49 shall not be counted 

against the total number of commissioned officers authorized to serve in each grade. 

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

numbers resulting from computations under subsection (c) 

shall be, for all purposes, the authorized number in each 

grade; except that the authorized number for a grade is temporarily increased during the period between one computation 

and the next by the number of officers originally appointed 

in that grade during that period and the number of officers 

of that grade for whom vacancies exist in the next higher 

grade but whose promotion has been delayed for any reason. 

‘‘(e) OFFICERS SERVING COAST GUARD ACADEMY AND

RESERVE.—The number of officers authorized to be serving 

on active duty in each grade of the permanent commissioned 

teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, 

recruiting, instructing, or training the reserve components 

shall be prescribed by the Secretary.’’. 

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

of such title is amended by striking the item relating to section 42 and inserting the following: 
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‘‘42. Number and distribution of commissioned officers on active duty promotion 

list.’’. 

SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED 

FORCES RETIREMENT HOME (AFRH) SYSTEM. 

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

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

(1) by striking paragraph (4); 

(2) in paragraph (5)— 

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

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

(C) by inserting at the end the following: 

‘‘(E) the Assistant Commandant of the Coast 

Guard for Human Resources.’’; and 

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

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

Coast Guard.’’. 

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

title 10, United States Code, is amended— 

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

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

(B) by striking subsection (c). 
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(2) Section 1007(i) of title 37, United States Code, is 

amended— 

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

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

of Defense’’; 

(B) by striking paragraph (4); and 

(C) by redesignating paragraph (5) as paragraph 

(4). 

SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS. 

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

by adding at the end the following: 

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

Commandant may make grants to, or enter into cooperative 

agreements, contracts, or other agreements with, international maritime organizations for the purpose of acquiring 

information or data about merchant vessel inspections, security, safety, environmental protection, classification, and port 

state or flag state law enforcement or oversight.’’. 

SEC. 207. LEAVE RETENTION AUTHORITY. 

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

Code, is amended by inserting after section 425 the following: 
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‘‘§ 426. Emergency leave retention authority 

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

duty member of the Coast Guard in support of a declaration 

of a major disaster or emergency by the President under the 

Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5121 et seq.) or in response to a spill of national significance shall be treated, for the purpose of section 

701(f)(2) of title 10, as a duty assignment in support of a 

contingency operation. 

‘‘(b) DEFINITIONS.—In this section: 

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

‘spill of national significance’ means a discharge of oil or 

a hazardous substance that is declared by the Commandant to be a spill of national significance. 

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

meaning given that term in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).’’. 

(b) CLERICAL AMENDMENT.—The analysis for such 

chapter is amended by inserting after the item relating to 

section 425 the following: 

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

(c) APPLICATION.—The amendments made by this section shall be deemed to have been enacted on April 19, 2010. 

SEC. 208. ENFORCEMENT AUTHORITY. 

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

Code, is amended by adding at the end the following: 
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‘‘§ 99. Enforcement authority 

‘‘Subject to guidelines approved by the Secretary, members of the Coast Guard, in the performance of official duties, 

may— 

‘‘(1) carry a firearm; and 

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

of title 46)— 

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

offense against the United States committed in 

their presence; and 

‘‘(B) seize property as otherwise provided by 

law.’’. 

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

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

the analysis at the beginning of chapter 701 of such title, are 

repealed. 

(c) CLERICAL AMENDMENT.—The analysis for such 

chapter is amended by adding at the end the following: 

‘‘99. Enforcement authority.’’. 

SEC. 209. REPEAL. 

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

item relating to such section in the analysis for chapter 11 

of such title, are repealed. 
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SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE. 

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

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

‘‘§ 7115. Merchant Mariner Medical Advisory Committee 

‘‘(a) ESTABLISHMENT.— 

‘‘(1) IN GENERAL.—There is established a Merchant Mariner Medical Advisory Committee (in this section referred to as the ‘Committee’). 

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

Secretary on matters relating to— 

‘‘(A) medical certification determinations for 

issuance of licences, certificates of registry, and 

merchant mariners’ documents; 

‘‘(B) medical standards and guidelines for the 

physical qualifications of operators of commercial 

vessels; 

‘‘(C) medical examiner education; and 

‘‘(D) medical research. 

‘‘(b) MEMBERSHIP.— 

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

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

shall include— 

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

particular expertise, knowledge, or experience re-
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garding the medical examinations of merchant 

mariners or occupational medicine; and 

‘‘(B) four who are professional mariners with 

knowledge and experience in mariner occupational 

requirements. 

‘‘(2) STATUS OF MEMBERS.—Members of the Committee shall not be considered Federal employees or otherwise in the service or the employment of the Federal 

Government, except that members shall be considered 

special Government employees, as defined in section 

202(a) of title 18, United States Code, and shall be subject to any administrative standards of conduct applicable to the employees of the department in which the 

Coast Guard is operating. 

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

‘‘(1) APPOINTMENTS.—The Secretary shall appoint 

the members of the Committee, and each member shall 

serve at the pleasure of the Secretary. 

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

a term of five years, except that, of the members first 

appointed, three members shall be appointed for a term 

of two years. 

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

the vacancy prior to the expiration of the term for which 
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that member’s predecessor was appointed shall be appointed for the remainder of that term. 

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

shall designate one member of the Committee as the Chairman and one member as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, 

or in the event of a vacancy in the office of, the Chairman. 

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

the Committee shall serve without compensation, except that, 

while engaged in the performance of duties away from their 

homes or regular places of business of the member, the member of the Committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 

5703 of title 5. 

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

the Committee the personnel and services as are considered 

necessary for the conduct of its business.’’. 

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

the date of enactment of this Act, the Merchant Mariner 

Medical Advisory Committee established by the amendment 

made by this section shall hold its first meeting. 

(c) CLERICAL AMENDMENT.—The analysis for chapter 

71 of that title is amended by adding at the end the following: 

‘‘7115. Merchant Mariner Medical Advisory Committee.’’. 
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SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO 

LIEUTENANT PROGRAM. 

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

amended to read as follows: 

‘‘(a) The president may appoint temporary commissioned 

officers— 

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

above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast 

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

the Coast Guard, and from holders of licenses issued 

under chapter 71 of title 46; and 

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

above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast 

Guard may require, from among the commissioned warrant officers of the Coast Guard Reserve.’’. 

SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM. 

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

(1) in section 253(a)— 

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

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

the board may recommend for promotion’’; 

(2) in section 258— 

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

‘‘The Secretary shall’’ ; 

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

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

(C) by adding at the end the following: 

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

‘‘(1) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board— 

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

the Coast Guard for officers having particular 

skills, including direction relating to the need for a 

minimum number of officers with particular skills 

within a specialty; and 

‘‘(B) any other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions. 

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

guidance provided under this subsection shall not exceed 

the maximum percentage of officers who may be selected 

from below the announced promotion zone at any given 
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selection board convened under section 251 of this 

title.’’; 

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

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

needs of the Coast Guard for officers with particular 

skills so noted in specific direction furnished to the 

board by the Secretary under section 258 of this title,’’; 

and 

(4) in section 260(b), by inserting after ‘‘qualified 

for promotion’’ the following: ‘‘to meet the needs of the 

service (as noted in specific direction furnished the board 

by the Secretary under section 258 of this title)’’. 

SEC. 213. COAST GUARD VESSELS AND AIRCRAFT. 

(a) AUTHORITY TO FIRE AT OR INTO A VESSEL.—Section 637(c) of title 14, United States Code, is amended— 

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

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

end and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

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

noncommercial service when— 

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

control of the Coast Guard; and 
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‘‘(B) at least one member of the Coast Guard 

is assigned and conducting a Coast Guard mission 

on the vessel or aircraft.’’. 

(b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS

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

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

Secretary’’. 

SEC. 214. COAST GUARD DISTRICT OMBUDSMEN. 

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

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

‘‘§ 55. District Ombudsmen 

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

each Coast Guard District a District Ombudsman to serve as 

a liaison between ports, terminal operators, shipowners, and 

labor representatives and the Coast Guard. 

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

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

in each port in the District for which the District Ombudsman is appointed. 

‘‘(2) To improve communications between and 

among port stakeholders including, port and terminal 
24 

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operators, ship owners, labor representatives, and the 

Coast Guard. 

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

Guard and all petitioners regarding requirements imposed or services provided by the Coast Guard. 

‘‘(c) FUNCTIONS.— 

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

examine complaints brought to the attention of the District Ombudsman by a petitioner operating in a port or 

by Coast Guard personnel. 

‘‘(2) GUIDELINES FOR DISPUTES.— 

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

shall develop guidelines regarding the types of disputes with respect to which the District Ombudsman will provide assistance. 

‘‘(B) LIMITATION.—The District Ombudsman 

shall not provide assistance with respect to a dispute unless it involves the impact of Coast Guard 

requirements on port business and the flow of commerce. 

‘‘(C) PRIORITY.—In providing such assistance, 

the District Ombudsman shall give priority to complaints brought by petitioners who believe they will 

suffer a significant hardship as the result of imple-
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menting a Coast Guard requirement or being denied 

a Coast Guard service. 

‘‘(3) CONSULTATION.—The District Ombudsman 

may consult with any Coast Guard personnel who can 

aid in the investigation of a complaint. 

‘‘(4) ACCESS TO INFORMATION.—The District Ombudsman shall have access to any Coast Guard document, including any record or report, that will aid the 

District Ombudsman in obtaining the information needed to conduct an investigation of a complaint. 

‘‘(5) REPORTS.—At the conclusion of an investigation, the District Ombudsman shall submit a report on 

the findings and recommendations of the District Ombudsman, to the Commander of the District in which the 

petitioner who brought the complaint is located or operating. 

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

seek to resolve each complaint brought in accordance 

with the guidelines— 

‘‘(A) in a timely fashion; and 

‘‘(B) not later than 4 months after the complaint is officially accepted by the District Ombudsman. 

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

the District Ombudsman an individual who has experience in 
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port and transportation systems and knowledge of port operations or of maritime commerce (or both). 

‘‘(e) ANNUAL REPORTS.—The Secretary shall report annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate on the 

matters brought before the District Ombudsmen, including— 

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

District Ombudsman; 

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

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

(b) CLERICAL AMENDMENT.—The analysis at the beginning of that chapter is amended by adding at the end the following new item: 

‘‘55. District Ombudsmen.’’. 

SEC. 215. COAST GUARD COMMISSIONED OFFICERS: COMPULSORY RETIREMENT. 

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

Code, is amended by striking section 293 and inserting the 

following: 

‘‘§ 293. Compulsory retirement 

‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any regular 

commissioned officer, except a commissioned warrant officer, 

serving in a grade below rear admiral (lower half) shall be 

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

which the officer becomes 62 years of age. 
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•HRES 1665 EH 

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

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

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

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

the officer becomes 64 years of age. 

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

may be deferred— 

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

not extend beyond the first day of the month following 

the month in which the officer becomes 68 years of age; 

or 

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

the Coast Guard is operating, but such a deferment may 

not extend beyond the first day of the month following 

the month in which the officer becomes 66 years of 

age.’’. 

(b) CLERICAL AMENDMENT.—The analysis at the beginning of such chapter is amended by striking the item relating 

to such section and inserting the following: 

‘‘293. Compulsory retirement.’’. 

SEC. 216. ENFORCEMENT OF COASTWISE TRADE LAWS. 

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

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

‘‘§ 100. Enforcement of coastwise trade laws 

‘‘Officers and members of the Coast Guard are authorized to enforce chapter 551 of title 46. The Secretary shall 
28 

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establish a program for these officers and members to enforce 

that chapter.’’. 

(b) CLERICAL AMENDMENT.—The analysis for that 

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

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

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

the Coast Guard is operating shall submit a report to the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Senate Committee on Commerce, Science, and Transportation within 1 year after the 

date of enactment of this Act on the enforcement strategies 

and enforcement actions taken to enforce the coastwise trade 

laws. 

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

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

year, the Commandant of the Coast Guard shall submit a report on the sexual assaults involving members of the Coast 

Guard to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House 

of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate. 

(b) CONTENTS.—The report required under subsection 

(a) shall contain the following: 

(1) The number of sexual assaults against members 

of the Coast Guard, and the number of sexual assaults 
29 

•HRES 1665 EH 

by members of the Coast Guard, that were reported to 

military officials during the year covered by such report, 

and the number of the cases so reported that were substantiated. 

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

in, each substantiated case. 

(3) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by such report in response to incidents of sexual assault involving members of the Coast Guard concerned. 

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

the year following the year covered by such report on the 

prevention of and response to sexual assault involving 

members of the Coast Guard concerned. 

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

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

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

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

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

United States’’. 

SEC. 219. SUPPLEMENTAL POSITIONING SYSTEM. 

Not later than 180 days after date of enactment of this 

Act, the Secretary of the department in which the Coast 

Guard is operating in consultation with the Commandant of 

the Coast Guard shall conclude their study of whether a sin-
30 

•HRES 1665 EH 

gle, domestic system is needed as a back-up navigation system to the Global Positioning System and notify the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate the results of such determination. 

SEC. 220. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME AUTHORITIES. 

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

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

following: 

‘‘(d) AUTHORIZED ACTIVITIES.— 

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

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

including any transportation expense, translation 

services expense, or administrative expense that is 

related to such activities; 

‘‘(B) the activities of maritime authority liaison 

teams of foreign governments making reciprocal visits to Coast Guard units, including any transportation expense, translation services expense, or administrative expense that is related to such activities; 

‘‘(C) seminars and conferences involving members of maritime authorities of foreign governments; 
31 

•HRES 1665 EH 

‘‘(D) distribution of publications pertinent to 

engagement with maritime authorities of foreign 

governments; and 

‘‘(E) personnel expenses for Coast Guard civilian and military personnel to the extent that those 

expenses relate to participation in an activity described in subparagraph (C) or (D). 

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

subsection with a foreign country unless the Secretary of 

State approves the conduct of such activity in that foreign country.’’. 

SEC. 221. COAST GUARD HOUSING. 

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

Code, is amended— 

(1) in section 680— 

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

and inserting the following new paragraphs: 

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

or improve military family housing and military unaccompanied housing. 

‘‘(2) The term ‘construction’ means building, renovating, or improving military family housing and military unaccompanied housing.’’; and 

(B) by redesignating paragraphs (4) and (5) as 

paragraphs (3) and (4), respectively; 
32 

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(2) in section 681(a)— 

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

striking ‘‘exercise any authority or any combination 

of authorities provided under this chapter in order 

to provide for the acquisition or construction by private persons, including a small business concern 

qualified under section 8(a) of the Small Business 

Act (15 U.S.C. 637(a)), of the following:’’ and inserting ‘‘acquire or construct the following:’’; 

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

housing units’’ and inserting ‘‘Military family housing’’; and 

(C) in paragraph (2), by striking ‘‘Unaccompanied housing units’’ and inserting ‘‘Military unaccompanied housing’’; 

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

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

‘‘§ 685. Conveyance of real property 

‘‘(a) CONVEYANCE AUTHORIZED.—Notwithstanding any 

other provision of law, the Secretary may convey, at fair market value, real property, owned or under the administrative 

control of the Coast Guard, for the purpose of expending the 

proceeds from such conveyance to acquire and construct military family housing and military unaccompanied housing. 

‘‘(b) TERMS AND CONDITIONS.— 
33 

•HRES 1665 EH 

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

section shall be by sale, for cash. The Secretary shall deposit the proceeds from the sale in the Coast Guard 

Housing Fund established under section 687 of this 

title, for the purpose of expending such proceeds to acquire and construct military family housing and military 

unaccompanied housing. 

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

section shall not diminish the mission capacity of the 

Coast Guard, but further the mission support capability 

of the Coast Guard with regard to military family housing or military unaccompanied housing. 

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

section does not affect or limit the application of or obligation 

to comply with any environmental law, including section 

120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).’’; 

(5) by repealing section 686; 

(6) in section 687— 

(A) in subsection (b)— 

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

(ii) in paragraph (3)— 

(I) by striking ‘‘or lease’’; 
34 

•HRES 1665 EH 

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

(III) by striking ‘‘military family 

and’’ and inserting ‘‘military family housing and’’; and 

(iii) by repealing paragraph (4); 

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

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

in appropriations Acts, and except as provided in 

subsection (d), the Secretary may use amounts in 

the Coast Guard Housing Fund to carry out activities under this chapter with respect to military family housing and military unaccompanied housing, including— 

‘‘(A) the planning, execution, and administration of the conveyance of real property; 

‘‘(B) all necessary expenses, including expenses 

for environmental compliance and restoration, to 

prepare real property for conveyance; and 

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

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

and 

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

(7) by repealing 687a; 

(8) by amending section 688 to read as follows: 
35 

•HRES 1665 EH 

‘‘§ 688. Reports 

‘‘The Secretary shall prepare and submit to Congress, 

concurrent with the budget submitted pursuant to section 

1105 of title 31, a report identifying the contracts or agreements for the conveyance of properties pursuant to this chapter executed during the prior calendar year.’’; and 

(9) by repealing section 689. 

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

action commenced prior to the date of enactment of this Act. 

(c) CLERICAL AMENDMENT.—The chapter analysis at 

the beginning of such chapter is amended— 

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

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

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

read as follows: 

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

SEC. 222. CHILD DEVELOPMENT SERVICES. 

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

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

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

development services. 
36 

•HRES 1665 EH 

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

regulations, fees to be charged parents for the attendance of 

children at Coast Guard child development centers. 

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

shall be based on family income, except that the Commandant may, on a case-by-base basis, establish fees at lower 

rates if such rates would not be competitive with rates at 

local child development centers. 

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

such fees shall, without further appropriation, remain available until expended for the purpose of providing services, including the compensation of employees and the purchase of 

consumable and disposable items, at Coast Guard child development centers. 

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

funds available to the Coast Guard to provide assistance to 

family home daycare providers so that family home daycare 

services can be provided to uniformed service members and 

civilian employees of the Coast Guard at a cost comparable 

to the cost of services provided by Coast Guard child development centers.’’; 

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

(3) by redesignating subsections (f) and (g) as subsections (d) and (e), respectively. 
37 

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SEC. 223. CHAPLAIN ACTIVITY EXPENSE. 

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

(1) in subsection (a)— 

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

end; 

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

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new 

paragraph: 

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

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

the Coast Guard.’’; and 

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

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

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

provide support services to chaplain-led programs to assist 

members of the Coast Guard on active duty and their dependents, and members of the reserve component in an active 

status and their dependents, in building and maintaining a 

strong family structure. 

‘‘(2) In this subsection, the term ‘support services’ include transportation, food, lodging, child care, supplies, fees, 

and training materials for members of the Coast Guard on 

active duty and their dependents, and members of the reserve 
38 

•HRES 1665 EH 

component in an active status and their dependents, while 

participating in programs referred to in paragraph (1), including participation at retreats and conferences. 

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

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

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

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

United States Code, is amended by inserting after section 

491 the following new section: 

‘‘§ 491a. Coast Guard cross 

‘‘The President may award a Coast Guard cross of appropriate design, with ribbons and appurtenances, to a person 

who, while serving in any capacity with the Coast Guard, 

when the Coast Guard is not operating under the Department of the Navy, distinguishes himself or herself by extraordinary heroism not justifying the award of a medal of 

honor— 

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

of the United States; 

‘‘(2) while engaged in military operations involving 

conflict with an opposing foreign force or international 

terrorist organization; or 

‘‘(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed 
39 

•HRES 1665 EH 

force in which the United States is not a belligerent 

party.’’. 

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

amended— 

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

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

and 

(2) by inserting after section 492 the following new 

section: 

‘‘§ 492a. Silver star medal 

‘‘The President may award a silver star medal of appropriate design, with ribbons and appurtenances, to a person 

who, while serving in any capacity with the Coast Guard, 

when the Coast Guard is not operating under the Department of the Navy, is cited for gallantry in action that does 

not warrant a medal of honor or Coast Guard cross— 

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

of the United States; 

‘‘(2) while engaged in military operations involving 

conflict with an opposing foreign force or international 

terrorist organization; or 

‘‘(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed 
40 

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force in which the United States is not a belligerent 

party.’’. 

(c) CONFORMING AMENDMENTS.—Such chapter is further amended— 

(1) in section 494, by striking ‘‘distinguished service medal, distinguished flying cross,’’ and inserting 

‘‘Coast Guard cross, distinguished service medal, silver 

star medal, distinguished flying cross,’’ in both places it 

appears; 

(2) in section 496— 

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

subsection (a), by striking ‘‘distinguished service 

medal, distinguished flying cross,’’ and inserting 

‘‘Coast Guard cross, distinguished service medal, 

silver star medal, distinguished flying cross,’’; and 

(B) in subsection (b)(2), by striking ‘‘distinguished service medal, distinguished flying cross,’’ 

and inserting ‘‘Coast Guard cross, distinguished 

service medal, silver star medal, distinguished flying 

cross,’’; and 

(3) in section 497, by striking ‘‘distinguished service medal, distinguished flying cross,’’ and inserting 

‘‘Coast Guard cross, distinguished service medal, silver 

star medal, distinguished flying cross,’’. 
41 

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(d) CLERICAL AMENDMENTS.—The analysis at the beginning of such chapter is amended— 

(1) by inserting after the item relating to section 

491 the following new item: 

‘‘491a. Coast Guard cross.’’. 

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

and inserting the following new items: 

‘‘492a. Silver star medal. 

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

TITLE III—SHIPPING AND 

NAVIGATION 

SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION. 

Section 7 of the Rivers and Harbors Appropriations Act 

of 1915 (33 U.S.C. 471) is amended— 

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

‘‘(a) IN GENERAL.—The’’. 

(2) in subsection (a) (as designated by paragraph 

(1)) by striking ‘‘$100; and the’’ and inserting ‘‘up to 

$10,000. Each day during which a violation continues 

shall constitute a separate violation. The’’; and 

(3) by adding at the end the following: 

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

waters of the United States’ includes all waters of the terri-
42 

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torial sea of the United States as described in Presidential 

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

SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE POSSESSION. 

Section 70506 of title 46, United States Code, is amended by adding at the end the following: 

‘‘(c) SIMPLE POSSESSION.— 

‘‘(1) IN GENERAL.—Any individual on a vessel subject to the jurisdiction of the United States who is found 

by the Secretary, after notice and an opportunity for a 

hearing, to have knowingly or intentionally possessed a 

controlled substance within the meaning of the Controlled Substances Act (21 U.S.C. 812) shall be liable to 

the United States for a civil penalty of not to exceed 

$5,000 for each violation. The Secretary shall notify the 

individual in writing of the amount of the civil penalty. 

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

consider the nature, circumstances, extent, and gravity 

of the prohibited acts committed and, with respect to the 

violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires. 

‘‘(3) TREATMENT OF CIVIL PENALTY ASSESSMENT.—Assessment of a civil penalty under this sub-
43 

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section shall not be considered a conviction for purposes 

of State or Federal law but may be considered proof of 

possession if such a determination is relevant.’’. 

SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW. 

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

States Code, is amended— 

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

and inserting ‘‘that engages’’; 

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

inserting ‘‘that arrives’’; 

(3) in subparagraph (B)— 

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

makes’’; and 

(B) by striking ‘‘(except a foreign vessel engaged on that voyage)’’; 

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

and inserting ‘‘that departs’’; and 

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

inserting ‘‘that makes’’. 

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

that title is amended by striking ‘‘intended to be engaged on’’ 

and inserting ‘‘that engages on’’. 

(c) APPLICATION.—Section 14301 of that title is amended— 
44 

•HRES 1665 EH 

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

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

chapter applies to any vessel for which the application of an 

international agreement or other law of the United States to 

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

(2) in subsection (b)— 

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

the end and inserting ‘‘, unless the government of 

the country to which the vessel belongs elects to 

measure the vessel under this chapter.’’; 

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

States or Canadian registry or nationality, or a vessel operated under the authority of the United 

States or Canada, and that is’’ after ‘‘vessel’’; 

(C) in paragraph (4), by striking ‘‘a vessel (except a vessel engaged’’ and inserting ‘‘a vessel of 

United States registry or nationality, or one operated under the authority of the United States (except a vessel that engages’’; 

(D) by striking paragraph (5); 

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

(F) by amending paragraph (5), as so redesignated, to read as follows: 
45 

•HRES 1665 EH 

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

United States (except a barge that engages on a foreign 

voyage) unless the owner requests.’’; 

(3) by striking subsection (c); 

(4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and 

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

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

this section)’’ and inserting ‘‘An existing vessel that has 

not undergone a change that the Secretary finds substantially affects the vessel’s gross tonnage (or a vessel 

to which IMO Resolutions A.494 (XII) of November 19, 

1981, A.540 (XIII) of November 17, 1983, or A.541 

(XIII) of November 17, 1983, apply)’’. 

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

amended to read as follows: 

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

required to be measured under another law.’’. 

(e) TONNAGE CERTIFICATE.— 

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

States Code, is amended— 

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

following: ‘‘For a vessel to which the Convention 
46 

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does not apply, the Secretary shall prescribe a certificate to be issued as evidence of a vessel’s measurement under this chapter.’’; 

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

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

(C) in the section heading by striking ‘‘International’’ and ‘‘(1969)’’. 

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

amended— 

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

(B) by adding at the end the following new 

subsection: 

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

the Secretary.’’. 

(3) CLERICAL AMENDMENT.—The analysis at the 

beginning of chapter 143 of that title is amended by 

striking the item relating to section 14303 and inserting 

the following: 

‘‘14303. Tonnage Certificate.’’. 

(f) OPTIONAL REGULATORY MEASUREMENT.—Section 

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

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

measured under this chapter that is of United States registry 

or nationality, or a vessel operated under the authority of the 

United States,’’. 
47 

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

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

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

this title if the application of an international agreement 

or other law of the United States to the vessel depends 

on the vessel’s tonnage.’’; and 

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

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

of that title is amended— 

(1) in paragraph (1)— 

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

the uppermost part of the load line marks,’’ and inserting ‘‘vessel is assigned two sets of gross and net 

tonnages under this section,’’; and 

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

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

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

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

(i) RECIPROCITY FOR FOREIGN VESSELS.—Subchapter 

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

end the following: 
48 

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‘‘§ 14514. Reciprocity for foreign vessels 

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

if the Secretary finds that the laws and regulations of a foreign country related to measurement of vessels are substantially similar to those of this chapter and the regulations prescribed under this chapter, the Secretary may accept the 

measurement and certificate of a vessel of that foreign country as complying with this chapter and the regulations prescribed under this chapter.’’. 

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

at the end the following: 

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

SEC. 304. MERCHANT MARINER DOCUMENT STANDARDS. 

Not later than 270 days after the date of enactment of 

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

Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate— 

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

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

or has applied for, a transportation security card under 

section 70105 of title 46, United States Code, for a merchant mariner document can be completed entirely by 

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

redesign the merchant mariner document to comply with 

the requirements of such section, including a biometric 

identifier, and all relevant international conventions, including the International Labour Organization Convention Number 185 concerning the seafarers identity document, and include a review on whether or not such redesign will eliminate the need for separate identity credentials and background screening and streamline the application process for mariners. 

SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION PROJECT. 

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

conjunction with the Administrator of the Environmental 

Protection Agency, shall conduct a study— 

(1) that surveys new technology and new applications of existing technology for reducing air emissions 

from cargo or passenger vessels that operate in United 

States waters and ports; and 

(2) that identifies the impediments, including any 

laws or regulations, to demonstrating the technology 

identified in paragraph (1). 

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

the results of the study conducted under subsection (a) to the 
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Committee on Transportation and Infrastructure and the 

Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and 

Transportation and the Committee on Environment and Public Works of the Senate. 

SEC. 306. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS 

DEVELOPMENT. 

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

title 46, United States Code, foreign-flag vessels may be chartered by, or on behalf of, a lessee to be employed for the setting, relocation, or recovery of anchors or other mooring 

equipment of a mobile offshore drilling unit that is located 

over the Outer Continental Shelf (as defined in section 2(a) 

of the Outer Continental Shelf Lands Act (43 U.S.C. 

1331(a)) for operations in support of exploration, or flowtesting and stimulation of wells, for offshore mineral or energy resources in the Beaufort Sea or the Chukchi Sea adjacent to Alaska— 

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

gives the Secretary of Transportation written notice of 

the commencement of such exploration drilling if the 

Secretary determines, after publishing notice in the Federal Register, that insufficient vessels documented under 

section 12111(d) of title 46, United States Code, are 

reasonably available and suitable for these support oper-
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ations and all such reasonably available and suitable vessels are employed in support of such operations; and 

(2) for an additional period until such vessels are 

available if the Secretary of Transportation determines— 

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

commencement of exploration drilling, the lessee 

has entered into a binding agreement to employ a 

suitable vessel or vessels to be documented under 

section 12111(d) of title 46, United States Code, in 

sufficient numbers and with sufficient suitability to 

replace any foreign-flag vessel or vessels operating 

under this section; and 

(B) after publishing notice in the Federal Register, that insufficient vessels documented under 

section 12111(d) of title 46, United States Code, 

are reasonably available and suitable for these support operations and all such reasonably available 

and suitable vessels are employed in support of such 

operations. 

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

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

the setting, relocation, or recovery of anchors or other moor-
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ing equipment of a mobile offshore drilling unit after December 31, 2017. 

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

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

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

binding agreement to employ a suitable vessel documented or 

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

Code. 

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

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

of 12111 of title 46, United States Code. 

SEC. 307. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION. 

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

safe and secure maritime shipping in the Arctic including the 

availability of aids to navigation, vessel escorts, spill response 

capability, and maritime search and rescue in the Arctic. 

(b) INTERNATIONAL MARITIME ORGANIZATION AGREEMENTS.—To carry out the purpose of this section, the Secretary of the department in which the Coast Guard is operating is encouraged to enter into negotiations through the 

International Maritime Organization to conclude and execute 

agreements to promote coordinated action among the United 
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States, Russia, Canada, Iceland, Norway, and Denmark and 

other seafaring and Arctic nations to ensure, in the Arctic— 

(1) placement and maintenance of aids to navigation; 

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

(3) oil spill prevention and response capability; 

(4) maritime domain awareness, including longrange vessel tracking; and 

(5) search and rescue. 

(c) COORDINATION BY COMMITTEE ON THE MARITIME

TRANSPORTATION SYSTEM.—The Committee on the Maritime Transportation System established under a directive of 

the President in the Ocean Action Plan, issued December 17, 

2004, shall coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out the 

purpose of this section. 

(d) AGREEMENTS AND CONTRACTS.—The Secretary of 

the department in which the Coast Guard is operating may, 

subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or 

make grants to individuals and governments to carry out the 

purpose of this section or any agreements established under 

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

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

feasible, and effective to carry out the purposes of this section. 

(f) INDEPENDENT ICE BREAKER ANALYSES.— 

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

date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall require a nongovernmental, independent third party (other 

than the National Academy of Sciences) that has extensive experience in the analysis of military procurements, 

to— 

(A) conduct a comparative cost-benefit analysis, taking into account future Coast Guard budget 

projections (which assume Coast Guard budget 

growth of no more than inflation) and other recapitalization needs, of— 

(i) rebuilding, renovating, or improving 

the existing fleet of polar icebreakers for operation by the Coast Guard; 

(ii) constructing new polar icebreakers for 

operation by the Coast Guard; 
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(iii) construction of new polar icebreakers 

by the National Science Foundation for operation by the Foundation; 

(iv) rebuilding, renovating, or improving 

the existing fleet of polar icebreakers by the 

National Science Foundation for operation by 

the Foundation; and 

(v) any combination of the activities described in clause (i), (ii), (iii), or (iv) to carry 

out the missions of the Coast Guard and the 

National Science Foundation; and 

(B) conduct a comprehensive analysis of the 

impact on all Coast Guard activities, including operations, maintenance, procurements, and end 

strength, of the acquisition of polar icebreakers described in subparagraph (A) by the Coast Guard or 

the National Science Foundation assuming that 

total Coast Guard funding will not increase more 

than the annual rate of inflation. 

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

of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit 

a report containing the results of the analyses required 

under paragraph (1), together with recommendations the 

Commandant considers appropriate under section 
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93(a)(24) of title 14, United States Code, to the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 

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

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

icebreaking mission requirements for all Coast Guard missions including search and rescue, marine pollution response 

and prevention, fisheries enforcement, and maritime commerce, whichever occurs later, the Commandant of the Coast 

Guard shall submit a report containing the results of the 

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

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

Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 

(h) ARCTIC DEFINITION.—In this section the term ‘‘Arctic’’ has the same meaning as in section 112 of the Arctic 

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

TITLE IV—ACQUISITION REFORM 

SEC. 401. CHIEF ACQUISITION OFFICER. 

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

Code, is further amended by adding at the end the following: 
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‘‘§ 56. Chief Acquisition Officer 

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

a Chief Acquisition Officer selected by the Commandant who 

shall be a Rear Admiral or civilian from the Senior Executive 

Service (career reserved) and who meets the qualifications set 

forth under subsection (b). The Chief Acquisition Officer 

shall serve at the Assistant Commandant level and have acquisition management as that individual’s primary duty. 

‘‘(b) QUALIFICATIONS.— 

‘‘(1) The Chief Acquisition Officer and any flag officer serving in the Acquisition Directorate shall be an 

acquisition professional with a Level III acquisition management certification and must have at least 10 years 

experience in an acquisition position, of which at least 4 

years were spent as— 

‘‘(A) the program executive officer; 

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

Level 2 acquisition project or program; 

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

1 or Level 2 acquisition; 

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

2 acquisition; or 

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

supervisory or management duties. 
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‘‘(2) The Commandant shall periodically publish a 

list of the positions designated under paragraph (1). 

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

acquisition’ and ‘Level 2 acquisition’ has the meaning 

that term has in chapter 15 of this title. 

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

‘‘(1) monitoring the performance of acquisition 

projects and programs on the basis of applicable performance measurements and advising the Commandant, 

through the chain of command, regarding the appropriate business strategy to achieve the missions of the 

Coast Guard; 

‘‘(2) maximizing the use of full and open competition at the prime contract and subcontract levels in the 

acquisition of property, capabilities, assets, and services 

by the Coast Guard by establishing policies, procedures, 

and practices that ensure that the Coast Guard receives 

a sufficient number of sealed bids or competitive proposals from responsible sources to fulfill the Government’s requirements, including performance and delivery 

schedules, at the lowest cost or best value considering 

the nature of the property, capability, asset, or service 

procured; 
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‘‘(3) making acquisition decisions in concurrence 

with the technical authority, or technical authorities, of 

the Coast Guard, as designated by the Commandant, 

consistent with all other applicable laws and decisions establishing procedures within the Coast Guard; 

‘‘(4) ensuring the use of detailed performance specifications in instances in which performance-based contracting is used; 

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

the Coast Guard, including implementation of the unique 

acquisition policies, regulations, and standards of the 

Coast Guard; 

‘‘(6) developing and maintaining an acquisition career management program in the Coast Guard to ensure 

that there is an adequate acquisition workforce; 

‘‘(7) assessing the requirements established for 

Coast Guard personnel regarding knowledge and skill in 

acquisition resources and management and the adequacy 

of such requirements for facilitating the achievement of 

the performance goals established for acquisition management; 

‘‘(8) developing strategies and specific plans for hiring, training, and professional development; and 
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‘‘(9) reporting to the Commandant, through the 

chain of command, on the progress made in improving 

acquisition management capability.’’. 

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

chapter 3 of title 14, United States Code, is amended by adding at the end the following: 

‘‘56. Chief Acquisition Officer.’’. 

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

the date of enactment of this Act, but no later than October 

1, 2011, the Commandant of the Coast Guard shall select a 

Chief Acquisition Officer under section 56 of title 14, United 

States Code, as amended by this section. 

(d) SPECIAL RATE SUPPLEMENTS.— 

(1) REQUIREMENT TO ESTABLISH.—Not later than 

1 year after the date of enactment of this Act and in 

accordance with part 9701.333 of title 5, Code of Federal Regulations, the Commandant of the Coast Guard 

shall establish special rate supplements that provide 

higher pay levels for employees necessary to carry out 

the amendment made by this section. 

(2) SUBJECT TO APPROPRIATIONS.—The requirement under paragraph (1) is subject to the availability 

of appropriations. 

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

the Chief Acquisition Officer of any design or other dispute 
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regarding Level 1 or Level 2 acquisition, the dispute remains 

unresolved, the Commandant shall provide to the appropriate 

congressional committees a detailed description of the issue 

and the rationale underlying the decision taken by the Chief 

Acquisition Officer to resolve the issue. 

SEC. 402. ACQUISITIONS. 

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

Code, is amended by inserting after chapter 13 the following: 

‘‘CHAPTER 15—ACQUISITIONS

‘‘SUBCHAPTER I—GENERAL PROVISIONS

‘‘Sec. 

‘‘561. Acquisition directorate. 

‘‘562. Improvements in Coast Guard acquisition management. 

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

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

‘‘565. Required contract terms. 

‘‘566. Department of Defense consultation. 

‘‘567. Undefinitized contractual actions. 

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

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

agency. 

‘‘SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND PROCEDURES

‘‘Sec. 

‘‘571. Identification of major system acquisitions. 

‘‘572. Acquisition. 

‘‘573. Preliminary development and demonstration. 

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

‘‘575. Acquisition program baseline breach. 

‘‘576. Acquisition approval authority. 

‘‘SUBCHAPTER III—DEFINITIONS

‘‘581. Definitions. 

‘‘SUBCHAPTER I—GENERAL PROVISIONS 

‘‘§ 561. Acquisition directorate 

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

Guard shall establish an acquisition directorate to provide 
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guidance and oversight for the implementation and management of all Coast Guard acquisition processes, programs, and 

projects. 

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

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

increase operational readiness, enhance mission performance, and create a safe working environment; and 

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

that is trained and qualified to further the Coast 

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

services to the Nation. 

‘‘§ 562. Improvements in Coast Guard acquisition management 

‘‘(a) PROJECT OR PROGRAM MANAGERS.— 

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

be assigned as the project or program manager for a 

Level 1 acquisition unless the individual holds a Level 

III acquisition certification as a program manager. 

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

be assigned as the project or program manager for a 

Level 2 acquisition unless the individual holds a Level II 

acquisition certification as a program manager. 

‘‘(b) GUIDANCE ON TENURE AND ACCOUNTABILITY OF

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

year after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011, the 

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

shall address, at a minimum— 

‘‘(A) the qualifications required for project or 

program managers, including the number of years 

of acquisition experience and the professional training levels to be required of those appointed to 

project or program management positions; 

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

program requirements that would be inconsistent 

with the parameters established for an acquisition 

program; and 

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

manager who initiates a new acquisition project or 

program will continue in management of that 

project or program without interruption until the 

delivery of the first production units of the program. 
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‘‘(2) STRATEGY.— 

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

after the date of enactment of this section, the 

Commandant shall develop a comprehensive strategy for enhancing the role of Coast Guard project 

or program managers in developing and carrying 

out acquisition programs. 

‘‘(B) MATTERS TO BE ADDRESSED.—The 

strategy required by this section shall address, at a 

minimum— 

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

and career opportunities for individuals who 

are or may become project or program managers, including the rotational assignments 

that will be provided to project or program 

managers; 

‘‘(ii) the provision of enhanced training 

and educational opportunities for individuals 

who are or may become project or program 

managers; 

‘‘(iii) the provision of mentoring support 

to current and future project or program managers by experienced senior executives and program managers within the Coast Guard, and 
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through rotational assignments to the Department of Defense; 

‘‘(iv) the methods by which the Coast 

Guard will collect and disseminate best practices and lessons learned on systems acquisition to enhance project and program management throughout the Coast Guard; 

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

used to support improved data gathering and 

analysis for project and program management 

and oversight purposes, including the metrics 

that will be utilized to assess the effectiveness 

of Coast Guard project or program managers 

in managing systems acquisition efforts; and 

‘‘(vi) the methods by which the accountability of project or program managers for the 

results of acquisition projects and programs 

will be increased. 

‘‘(c) ACQUISITION WORKFORCE.— 

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

Guard’s acquisition workforce to perform acquisition-related functions at Coast Guard headquarters and field 

activities. 
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‘‘(2) REQUIRED POSITIONS.—In designating positions under subsection (a), the Commandant shall include, at a minimum, positions encompassing the following competencies and functions: 

‘‘(A) Program management. 

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

engineering, and testing. 

‘‘(C) Procurement, including contracting. 

‘‘(D) Industrial and contract property management. 

‘‘(E) Life-cycle logistics. 

‘‘(F) Quality control and assurance. 

‘‘(G) Manufacturing and production. 

‘‘(H) Business, cost estimating, financial management, and auditing. 

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

development. 

‘‘(J) Construction and facilities engineering. 

‘‘(K) Testing and evaluation. 

‘‘(3) ACQUISITION MANAGEMENT HEADQUARTER

ACTIVITIES.—The Commandant shall also designate as 

positions in the acquisition workforce under paragraph 

(1) those acquisition-related positions located at Coast 

Guard headquarters units. 
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‘‘(4) APPROPRIATE EXPERTISE REQUIRED.—The 

Commandant shall ensure that each individual assigned 

to a position in the acquisition workforce has the appropriate expertise to carry out the responsibilities of that 

position. 

‘‘(d) MANAGEMENT INFORMATION SYSTEM.— 

‘‘(1) IN GENERAL.—The Commandant shall establish a management information system capability to improve acquisition workforce management and reporting. 

‘‘(2) INFORMATION MAINTAINED.—Information 

maintained with such capability shall include the following standardized information on individuals assigned 

to positions in the workforce: 

‘‘(A) Qualifications, assignment history, and 

tenure of those individuals assigned to positions in 

the acquisition workforce or holding acquisition-related certifications. 

‘‘(B) Promotion rates for officers and members 

of the Coast Guard in the acquisition workforce. 

‘‘(e) REPORT ON ADEQUACY OF ACQUISITION WORKFORCE.— 

‘‘(1) IN GENERAL.—The Commandant shall report 

to the appropriate congressional committees and the 

Committee on Homeland Security of the House of Representatives by July 1 of each year on the scope of the 
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acquisition activities to be performed in the next fiscal 

year and on the adequacy of the current acquisition 

workforce to meet that anticipated workload. 

‘‘(2) CONTENTS.—The report shall— 

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

and employees of the Coast Guard currently and 

planned to be assigned to each position designated 

under subsection (c); and 

‘‘(B) identify positions that are understaffed to 

meet the anticipated acquisition workload, and actions that will be taken to correct such understaffing. 

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

Commandant shall ensure that no requirement or preference 

for officers or members of the Coast Guard is used in the 

consideration of persons for positions in the acquisition workforce. 

‘‘(g) CAREER PATHS.— 

‘‘(1) IDENTIFICATION OF CAREER PATHS.—To establish acquisition management as a core competency of 

the Coast Guard, the Commandant shall— 

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

members, and employees of the Coast Guard who 

wish to pursue careers in acquisition are identified 

in terms of the education, training, experience, and 
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assignments necessary for career progression of 

those officers, members, and employees to the most 

senior positions in the acquisition workforce; and 

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

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

ensure that promotion parity is established for officers 

and members of the Coast Guard who have been assigned to the acquisition workforce relative to officers 

and members who have not been assigned to the acquisition workforce. 

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

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

date of enactment of the Coast Guard Authorization Act for 

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

performance by individuals and teams comprised of officers, 

members, and employees of the Coast Guard that contributed 

to the long-term success of a Coast Guard acquisition project 

or program. 

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

‘‘(1) specific award categories, criteria, and eligibility and manners of recognition; 

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

the Coast Guard of individuals and teams comprised of 
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officers, members, and employees of the Coast Guard for 

recognition under the program; and 

‘‘(3) procedures for the evaluation of nominations 

for recognition under the program by one or more panels 

of individuals from the Government, academia, and the 

private sector who have such expertise and are appointed 

in such manner as the Commandant shall establish for 

the purposes of this program. 

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

the availability of appropriations, may award to any civilian 

employee recognized pursuant to the program a cash bonus 

to the extent that the performance of such individual so recognized warrants the award of such bonus. 

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

‘‘(a) IN GENERAL.— 

‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.—Except 

as provided in subsection (b), the Commandant may not 

use a private sector entity as a lead systems integrator 

for an acquisition contract awarded or delivery order or 

task order issued after the date of enactment of the 

Coast Guard Authorization Act for Fiscal Years 2010 

and 2011. 

‘‘(2) FULL AND OPEN COMPETITION.—The Commandant and any lead systems integrator engaged by 
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the Coast Guard, pursuant to the exceptions described in 

subsection (b), shall use full and open competition for 

any acquisition contract awarded after the date of enactment of that Act, unless otherwise excepted in accordance with Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation. 

‘‘(3) NO EFFECT ON SMALL BUSINESS ACT.—Nothing in this subsection shall be construed to supersede or 

otherwise affect the authorities provided by and under 

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

‘‘(b) EXCEPTIONS.— 

‘‘(1) NATIONAL DISTRESS AND RESPONSE SYSTEM

MODERNIZATION PROGRAM; C4ISR; NATIONAL SECURITY

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

Commandant may use a private sector entity as a lead 

systems integrator for the Coast Guard to complete the 

National Distress and Response System Modernization 

Program (otherwise known as the ‘Rescue 21’ program), 

the C4ISR projects directly related to the Integrated 

Deepwater program, and National Security Cutters 2 

and 3, if the Secretary of the department in which the 

Coast Guard is operating certifies that— 
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‘‘(A) the acquisition is in accordance with Federal law and the Federal Acquisition Regulation; 

and 

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

sector lead systems integrator for the acquisition is 

in the best interest of the Federal Government. 

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

the Commandant uses a private sector lead systems integrator for an acquisition, the Commandant shall notify 

in writing the appropriate congressional committees of 

the Commandant’s determination and shall provide to 

such committees a detailed rationale for the determination, at least 30 days before the award of a contract or 

issuance of a delivery order or task order, using a private sector lead systems integrator, including a comparison of the cost of the acquisition through the private 

sector lead systems integrator with the expected cost if 

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

cost of award directly to a manufacturer or shipyard 

shall include the costs of Government contract management and oversight. 

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

Neither an entity performing lead systems integrator functions for a Coast Guard acquisition nor a Tier 1 subcon-
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tractor for any acquisition may have a financial interest in 

a subcontractor below the Tier 1 subcontractor level unless— 

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

contractor through full and open competition for such 

procurement; 

‘‘(2) the procurement was awarded by the lead systems integrator or a subcontractor through full and open 

competition; 

‘‘(3) the procurement was awarded by a subcontractor through a process over which the lead systems 

integrator and a Tier 1 subcontractor exercised no control; or 

‘‘(4) the Commandant has determined that the procurement was awarded in a manner consistent with Federal acquisition laws and regulations promulgated under 

those laws, including the Federal Acquisition Regulation. 

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

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

a private sector entity as a lead systems integrator for acquisition contracts awarded, or task orders or delivery orders 

issued, after the earlier of— 

‘‘(1) September 30, 2011; or 

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

writing to the appropriate congressional committees that 

the Coast Guard has available and can retain sufficient 
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acquisition workforce personnel and expertise within the 

Coast Guard, through an arrangement with other Federal agencies, or through contracts or other arrangements with private sector entities, to perform the functions and responsibilities of the lead systems integrator 

in an efficient and cost-effective manner. 

‘‘§ 565. Required contract terms 

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

a contract awarded or a delivery order or task order issued 

for an acquisition of a capability or an asset with an expected 

service life of 10 or more years and with a total acquisition 

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

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

Coast Guard Authorization Act for Fiscal Years 2010 and 

2011— 

‘‘(1) provides that all certifications for an end-state 

capability or asset under such contract, delivery order, 

or task order, respectively, will be conducted by the 

Commandant or an independent third party, and that 

self-certification by a contractor or subcontractor is not 

allowed; 

‘‘(2) provides that the Commandant shall maintain 

the authority to establish, approve, and maintain technical requirements; 
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‘‘(3) requires that any measurement of contractor 

and subcontractor performance be based on the status of 

all work performed, including the extent to which the 

work performed met all performance, cost, and schedule 

requirements; 

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

air, surface, or shore capabilities and assets for which 

compliance with TEMPEST certification is a requirement, the standard for determining such compliance will 

be the air, surface, or shore standard then used by the 

Department of the Navy for that type of capability or 

asset; and 

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

service life, fatigue life, and days underway in general 

Atlantic and North Pacific Sea conditions, maximum 

range, and maximum speed the cutter will be built to 

achieve. 

‘‘(b) PROHIBITED PROVISIONS.— 

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

that any contract awarded or delivery order or task 

order issued by the Coast Guard after the date of enactment of the Coast Guard Authorization Act of 2010 does 

not include any provision allowing for equitable adjust-
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ment that is not consistent with the Federal Acquisition 

Regulations. 

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

with a lead systems integrator— 

‘‘(A) may not include any minimum requirements for the purchase of a given or determinable 

number of specific capabilities or assets; and 

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

party with expertise in acquisition management, 

and the results of that review shall be submitted to 

the appropriate congressional committees at least 

60 days prior to the award of the contract, contract 

modification, or award term. 

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

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

the Coast Guard. 

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

maintain or designate the technical authority to establish, approve, and maintain technical requirements. Any such designation shall be made in writing and may not be delegated 

to the authority of the Chief Acquisition Officer established 

by section 56 of this title. 
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‘‘§ 566. Department of Defense consultation 

‘‘(a) IN GENERAL.—The Commandant shall make arrangements as appropriate with the Secretary of Defense for 

support in contracting and management of Coast Guard acquisition programs. The Commandant shall also seek opportunities to make use of Department of Defense contracts, and 

contracts of other appropriate agencies, to obtain the best 

possible price for assets acquired for the Coast Guard. 

‘‘(b) INTERSERVICE TECHNICAL ASSISTANCE.—The 

Commandant shall seek to enter into a memorandum of understanding or a memorandum of agreement with the Secretary of the Navy to obtain the assistance of the Office of 

the Assistant Secretary of the Navy for Research, Development, and Acquisition, including the Navy Systems Command, with the oversight of Coast Guard major acquisition 

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

‘‘(1) the exchange of technical assistance and support that the Assistant Commandants for Acquisition, 

Human Resources, Engineering, and Information technology may identify; 

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

‘‘(3) the temporary assignment or exchange of personnel between the Coast Guard and the Office of the 

Assistant Secretary of the Navy for Research, Develop-
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ment, and Acquisition, including Naval Systems Command, to facilitate the development of organic capabilities in the Coast Guard. 

‘‘(c) TECHNICAL REQUIREMENT APPROVAL PROCEDURES.—The Chief Acquisition Officer shall adopt, to the extent practicable, procedures modeled after those used by the 

Navy Senior Acquisition Official to approve all technical requirements. 

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

enactment of the Coast Guard Authorization Act for fiscal 

years 2010 and 2011, the Comptroller General of the United 

States shall transmit a report to the appropriate congressional committees that— 

‘‘(1) contains an assessment of current Coast 

Guard acquisition and management capabilities to manage Level 1 and Level 2 acquisitions; 

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

Guard can improve its acquisition management, either 

through internal reforms or by seeking acquisition expertise from the Department of Defense; and 

‘‘(3) addresses specifically the question of whether 

the Coast Guard can better leverage Department of Defense or other agencies’ contracts that would meet the 

needs of Level 1 or Level 2 acquisitions in order to obtain the best possible price. 
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‘‘§ 567. Undefinitized contractual actions 

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

into an undefinitized contractual action unless such action is 

directly approved by the Head of Contracting Activity of the 

Coast Guard. 

‘‘(b) REQUESTS FOR UNDEFINITIZED CONTRACTUAL

ACTIONS.—Any request to the Head of Contracting Activity 

for approval of an undefinitized contractual action shall include a description of the anticipated effect on requirements 

of the Coast Guard if a delay is incurred for the purposes 

of determining contractual terms, specifications, and price before performance is begun under the contractual action. 

‘‘(c) REQUIREMENTS FOR UNDEFINITIZED CONTRACTUAL ACTIONS.— 

‘‘(1) DEADLINE FOR AGREEMENT ON TERMS, SPECIFICATIONS, AND PRICE.—A contracting officer of the 

Coast Guard may not enter into an undefinitized contractual action unless the contractual action provides for 

agreement upon contractual terms, specification, and 

price by the earlier of— 

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

on the date on which the contractor submits a 

qualifying proposal to definitize the contractual 

terms, specifications, and price; or 

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

obligated under the contractual action is equal to 
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more than 50 percent of the negotiated overall ceiling price for the contractual action. 

‘‘(2) LIMITATION ON OBLIGATIONS.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the contracting officer for an 

undefinitized contractual action may not obligate 

under such contractual action an amount that exceeds 50 percent of the negotiated overall ceiling 

price until the contractual terms, specifications, and 

price are definitized for such contractual action. 

‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), if a contractor submits a qualifying proposal to definitize an undefinitized contractual action before an amount that exceeds 50 percent of 

the negotiated overall ceiling price is obligated on 

such action, the contracting officer for such action 

may not obligate with respect to such contractual 

action an amount that exceeds 75 percent of the negotiated overall ceiling price until the contractual 

terms, specifications, and price are definitized for 

such contractual action. 

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

application of this subsection with respect to a contract 

if the Commandant determines that the waiver is necessary to support— 
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‘‘(A) a contingency operation (as that term is 

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

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

transportation security incident (as defined in section 70101(6) of title 46); 

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

that poses an unacceptable threat to human health 

or safety or to the marine environment; or 

‘‘(D) an operation in response to a natural disaster or major disaster or emergency designated by 

the President under the Robert T. Stafford Disaster 

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

5121 et seq.). 

‘‘(4) LIMITATION ON APPLICATION.—This subsection does not apply to an undefinitized contractual action for the purchase of initial spares. 

‘‘(d) INCLUSION OF NONURGENT REQUIREMENTS.—Requirements for spare parts and support equipment that are 

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

undefinitized contractual action by the Coast Guard for spare 

parts and support equipment that are needed on an urgent 

basis unless the Commandant approves such inclusion as 

being— 

‘‘(1) good business practice; and 

‘‘(2) in the best interests of the United States. 
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‘‘(e) MODIFICATION OF SCOPE.—The scope of an 

undefinitized contractual action under which performance has 

begun may not be modified unless the Commandant approves 

such modification as being— 

‘‘(1) good business practice; and 

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

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

action for which the final price is negotiated after a substantial portion of the performance required is completed reflects— 

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

with respect to costs incurred during performance of the 

contract before the final price is negotiated; and 

‘‘(2) the reduced cost risk of the contractor with respect to costs incurred during performance of the remaining portion of the contract. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) UNDEFINITIZED CONTRACTUAL ACTION.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘undefinitized contractual 

action’ means a new procurement action entered 

into by the Coast Guard for which the contractual 

terms, specifications, or price are not agreed upon 

before performance is begun under the action. 
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‘‘(B) EXCLUSION.—The term ‘undefinitized 

contractual action’ does not include contractual actions with respect to— 

‘‘(i) foreign military sales; 

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

of the amount of the simplified acquisition 

threshold; or 

‘‘(iii) special access programs. 

‘‘(2) QUALIFYING PROPOSAL.—The term ‘‘qualifying proposal’ means a proposal that contains sufficient 

information to enable complete and meaningful audits of 

the information contained in the proposal as determined 

by the contracting officer. 

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

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

date of enactment of the Coast Guard Authorization Act for 

Fiscal Years 2010 and 2011, the Commandant shall issue 

guidance to ensure that pass-through charges on contracts, 

subcontracts, delivery orders, and task orders that are entered into with a private entity acting as a lead systems integrator by or on behalf of the Coast Guard are not excessive 

in relation to the cost of work performed by the relevant contractor or subcontractor. The guidance shall, at a minimum— 
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‘‘(1) set forth clear standards for determining when 

no, or negligible, value has been added to a contract by 

a contractor or subcontractor; 

‘‘(2) set forth procedures for preventing the payment by the Government of excessive pass-through 

charges; and 

‘‘(3) identify any exceptions determined by the 

Commandant to be in the best interest of the Government. 

‘‘(b) EXCESSIVE PASS-THROUGH CHARGE DEFINED.— 

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

respect to a contractor or subcontractor that adds no, or negligible, value to a contract or subcontract, means a charge to 

the Government by the contractor or subcontractor that is for 

overhead or profit on work performed by a lower tier contractor or subcontractor, other than reasonable charges for 

the direct costs of managing lower tier contractors and subcontracts and overhead and profit based on such direct costs. 

‘‘(c) APPLICATION OF GUIDANCE.—The guidance under 

this subsection shall apply to contracts awarded to a private 

entity acting as a lead systems integrator by or on behalf of 

the Coast Guard on or after the date that is 360 days after 

the date of enactment of the Coast Guard Authorization Act 

for Fiscal Years 2010 and 2011. 
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‘‘§ 569. Report on former Coast Guard officials employed 

by contractors to the agency 

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

2011, and annually thereafter, the Comptroller General of the 

United States shall submit a report to the appropriate congressional committees on the employment during the preceding year by Coast Guard contractors of individuals who 

were Coast Guard officials in the previous 5-year period. The 

report shall assess the extent to which former Coast Guard 

officials were provided compensation by Coast Guard contractors in the preceding calendar year. 

‘‘(b) OBJECTIVES OF REPORT.—At a minimum, the report required by this section shall assess the extent to which 

former Coast Guard officials who receive compensation from 

Coast Guard contractors have been assigned by those contractors to work on contracts or programs between the contractor and the Coast Guard, including contracts or programs 

for which the former official personally had oversight responsibility or decisionmaking authority when they served in or 

worked for the Coast Guard. 

‘‘(c) CONFIDENTIALITY REQUIREMENT.—The report required by this subsection shall not include the names of the 

former Coast Guard officials who receive compensation from 

Coast Guard contractors. 

‘‘(d) ACCESS TO INFORMATION.—A Coast Guard contractor shall provide the Comptroller General access to infor-
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mation requested by the Comptroller General for the purpose 

of conducting the study required by this section. 

‘‘(e) DEFINITIONS.—In this section: 

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

Guard contractor’ includes any person that received at 

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

Guard in the calendar year covered by the annual report. 

‘‘(2) COAST GUARD OFFICIAL.—The term ‘Coast 

Guard official’ includes former officers of the Coast 

Guard who were compensated at a rate of pay for grade 

O–7 or above during the calendar year prior to the date 

on which they separated from the Coast Guard, and 

former civilian employees of the Coast Guard who served 

at any Level of the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States 

Code, during the calendar year prior to the date on 

which they separated from the Coast Guard. 

‘‘SUBCHAPTER II—IMPROVED ACQUISITION 

PROCESS AND PROCEDURES 

‘‘§ 571. Identification of major system acquisitions 

‘‘(a) IN GENERAL.— 

‘‘(1) SUPPORT MECHANISMS.—The Commandant 

shall develop and implement mechanisms to support the 

establishment of mature and stable operational requirements for all acquisitions. 
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‘‘(2) MISSION ANALYSIS; AFFORDABILITY ASSESSMENT.—The Commandant may not initiate a Level 1 or 

Level 2 acquisition project or program until the Commandant— 

‘‘(A) completes a mission analysis that— 

‘‘(i) identifies the specific capability gaps 

to be addressed by the project or program; and 

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

addressed by the project or program; and 

‘‘(B) prepares a preliminary affordability assessment for the project or program. 

‘‘(b) ELEMENTS.— 

‘‘(1) REQUIREMENTS.—The mechanisms required 

by subsection (a) shall ensure the implementation of a 

formal process for the development of a mission-needs 

statement, concept-of-operations document, capability 

development plan, and resource proposal for the initial 

project or program funding, and shall ensure the project 

or program is included in the Coast Guard Capital Investment Plan. 

‘‘(2) ASSESSMENT OF TRADE-OFFS.—In conducting 

an affordability assessment under subsection (a)(2)(B), 

the Commandant shall develop and implement mechanisms to ensure that trade-offs among cost, schedule, 

and performance are considered in the establishment of 
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preliminary operational requirements for development 

and production of new assets and capabilities for Level 

1 and Level 2 acquisitions projects and programs. 

‘‘(c) HUMAN RESOURCE CAPITAL PLANNING.—The 

Commandant shall develop staffing predictions, define human 

capital performance initiatives, and identify preliminary training needs required to implement each Level 1 and Level 2 acquisition project and program. 

‘‘§ 572. Acquisition 

‘‘(a) IN GENERAL.—The Commandant may not establish 

a Level 1 or Level 2 acquisition project or program until the 

Commandant— 

‘‘(1) clearly defines the operational requirements for 

the project or program; 

‘‘(2) establishes the feasibility of alternatives; 

‘‘(3) develops an acquisition project or program 

baseline; 

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

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

determine a preferred solution in accordance with the requirements of this section. 

‘‘(b) SUBMISSION REQUIRED BEFORE PROCEEDING.— 

Any Coast Guard Level 1 or Level 2 acquisition project or 

program may not begin to obtain any capability or asset or 

proceed beyond that phase of its development that entails ap-
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proving the supporting acquisition until the Commandant 

submits to the appropriate congressional committees the following: 

‘‘(1) The key performance parameters, the key system attributes, and the operational performance attributes of the capability or asset to be acquired under 

the proposed acquisition project or program. 

‘‘(2) A detailed list of the systems or other capabilities with which the capability or asset to be acquired is 

intended to be interoperable, including an explanation of 

the attributes of interoperability. 

‘‘(3) The anticipated acquisition project or program 

baseline and acquisition unit cost for the capability or 

asset to be acquired under the project or program. 

‘‘(4) A detailed schedule for the acquisition process 

showing when all capability and asset acquisitions are to 

be completed and when all acquired capabilities and assets are to be initially and fully deployed. 

‘‘(c) ANALYSIS OF ALTERNATIVES.— 

‘‘(1) IN GENERAL.—The Coast Guard may not acquire an experimental or technically immature capability 

or asset or implement a Level 1 or Level 2 acquisition 

project or program, unless it has prepared an analysis 

of alternatives for the capability or asset to be acquired 
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in the concept and technology development phase of the 

acquisition process for the capability or asset. 

‘‘(2) REQUIREMENTS.—The analysis of alternatives 

shall be prepared by a federally funded research and development center, a qualified entity of the Department 

of Defense, or a similar independent third-party entity 

that has appropriate acquisition expertise and has no financial interest in any part of the acquisition project or 

program that is the subject of the analysis. At a minimum, the analysis of alternatives shall include— 

‘‘(A) an assessment of the technical maturity 

of the capability or asset, and technical and other 

risks; 

‘‘(B) an examination of capability, interoperability, and other advantages and disadvantages; 

‘‘(C) an evaluation of whether different combinations or quantities of specific assets or capabilities could meet the Coast Guard’s overall performance needs; 

‘‘(D) a discussion of key assumptions and variables, and sensitivity to change in such assumptions 

and variables; 

‘‘(E) when an alternative is an existing capability, asset, or prototype, an evaluation of relevant 

safety and performance records and costs; 
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‘‘(F) a calculation of life-cycle costs including— 

‘‘(i) an examination of likely research and 

development costs and the levels of uncertainty 

associated with such estimated costs; 

‘‘(ii) an examination of likely production 

and deployment costs and the levels of uncertainty associated with such estimated costs; 

‘‘(iii) an examination of likely operating 

and support costs and the levels of uncertainty 

associated with such estimated costs; 

‘‘(iv) if they are likely to be significant, an 

examination of likely disposal costs and the levels of uncertainty associated with such estimated costs; and 

‘‘(v) such additional measures as the Commandant or the Secretary of the department in 

which the Coast Guard is operating determines 

to be necessary for appropriate evaluation of 

the capability or asset; and 

‘‘(G) the business case for each viable alternative. 

‘‘(d) TEST AND EVALUATION MASTER PLAN.— 

‘‘(1) IN GENERAL.—For any Level 1 or Level 2 acquisition project or program the Chief Acquisition Offi-
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cer must approve a test and evaluation master plan specific to the acquisition project or program for the capability, asset, or subsystems of the capability or asset and 

intended to minimize technical, cost, and schedule risk 

as early as practicable in the development of the project 

or program. 

‘‘(2) TEST AND EVALUATION STRATEGY.—The master plan shall— 

‘‘(A) set forth an integrated test and evaluation strategy that will verify that capability-level or 

asset-level and subsystem-level design and development, including performance and supportability, 

have been sufficiently proven before the capability, 

asset, or subsystem of the capability or asset is approved for production; and 

‘‘(B) require that adequate developmental tests 

and evaluations and operational tests and evaluations established under subparagraph (A) are performed to inform production decisions. 

‘‘(3) OTHER COMPONENTS OF THE MASTER

PLAN.—At a minimum, the master plan shall identify— 

‘‘(A) the key performance parameters to be resolved through the integrated test and evaluation 

strategy; 
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‘‘(B) critical operational issues to be assessed 

in addition to the key performance parameters; 

‘‘(C) specific development test and evaluation 

phases and the scope of each phase; 

‘‘(D) modeling and simulation activities to be 

performed, if any, and the scope of such activities; 

‘‘(E) early operational assessments to be performed, if any, and the scope of such assessments; 

‘‘(F) operational test and evaluation phases; 

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

funds, that will be required for all test, evaluation, 

assessment, modeling, and simulation activities; and 

‘‘(H) the Government entity or independent entity that will perform the test, evaluation, assessment, modeling, and simulation activities. 

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

approve an updated master plan whenever there is a revision to project or program test and evaluation strategy, 

scope, or phasing. 

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

‘‘(A) proceed beyond that phase of the acquisition process that entails approving the supporting 

acquisition of a capability or asset before the master plan is approved by the Chief Acquisition Officer; or 
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‘‘(B) award any production contract for a capability, asset, or subsystem for which a master 

plan is required under this subsection before the 

master plan is approved by the Chief Acquisition 

Officer. 

‘‘(e) LIFE-CYCLE COST ESTIMATES.— 

‘‘(1) IN GENERAL.—The Commandant shall implement mechanisms to ensure the development and regular 

updating of life-cycle cost estimates for each acquisition 

with a total acquisition cost that equals or exceeds 

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

years, and to ensure that these estimates are considered 

in decisions to develop or produce new or enhanced capabilities and assets. 

‘‘(2) TYPES OF ESTIMATES.—In addition to lifecycle cost estimates that may be developed by acquisition 

program offices, the Commandant shall require that an 

independent life-cycle cost estimate be developed for each 

Level 1 or Level 2 acquisition project or program. 

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

Level 2 acquisition project or program the Commandant 

shall require that life-cycle cost estimates shall be updated before each milestone decision is concluded and 

the project or program enters a new acquisition phase. 
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‘‘§ 573. Preliminary development and demonstration 

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

developmental test and evaluation, operational test and evaluation, life-cycle cost estimates, and the development and 

demonstration requirements applied by this chapter to acquisition projects and programs are met to confirm that the 

projects or programs meet the requirements identified in the 

mission-analysis and affordability assessment prepared under 

section 571(a)(2), the operational requirements developed 

under section 572(a)(1) and the following development and 

demonstration objectives: 

‘‘(1) To demonstrate that the design, manufacturing, and production solution is based upon a stable, 

producible, and cost-effective product design. 

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

contract specifications, acceptable operational performance requirements, and system security requirements. 

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

enough to commit to full production and deployment. 

‘‘(b) TESTS AND EVALUATIONS.— 

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

that the Coast Guard conducts developmental tests and 

evaluations and operational tests and evaluations of a 

capability or asset and the subsystems of the capability 

or asset in accordance with the master plan prepared for 

the capability or asset under section 572(d)(1). 
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‘‘(2) USE OF THIRD PARTIES.—The Commandant 

shall ensure that the Coast Guard uses independent 

third parties with expertise in testing and evaluating the 

capabilities or assets and the subsystems of the capabilities or assets being acquired to conduct developmental 

tests and evaluations and operational tests and evaluations whenever the Coast Guard lacks the capability to 

conduct the tests and evaluations required by a master 

plan. 

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

Commandant shall require that safety concerns identified during developmental or operational tests and evaluations or through independent or Government-conducted design assessments of capabilities or assets and 

subsystems of capabilities or assets to be acquired by the 

Coast Guard shall be communicated as soon as practicable, but not later than 30 days after the completion 

of the test or assessment event or activity that identified 

the safety concern, to the program manager for the capability or asset and the subsystems concerned and to 

the Chief Acquisition Officer. 

‘‘(4) REPORTING OF SAFETY CONCERNS.—Any safety concerns that have been reported to the Chief Acquisition Officer for an acquisition program or project shall 

be reported by the Commandant to the appropriate con-
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gressional committees at least 90 days before the award 

of any contract or issuance of any delivery order or task 

order for low, initial, or full-rate production of the capability or asset concerned if they will remain uncorrected 

or unmitigated at the time such a contract is awarded 

or delivery order or task order is issued. The report shall 

include a justification for the approval of that level of 

production of the capability or asset before the safety 

concerns are corrected or mitigated. The report shall 

also include an explanation of the actions that will be 

taken to correct or mitigate the safety concerns, the date 

by which those actions will be taken, and the adequacy 

of current funding to correct or mitigate the safety concerns. 

‘‘(5) ASSET ALREADY IN LOW, INITIAL, OR FULLRATE PRODUCTION.—If operational test and evaluation 

of a capability or asset already in low, initial, or full-rate 

production identifies a safety concern with the capability 

or asset or any subsystems of the capability or asset not 

previously identified during developmental or operational 

test and evaluation, the Commandant shall— 

‘‘(A) notify the program manager and the 

Chief Acquisition Officer of the safety concern as 

soon as practicable, but not later than 30 days after 
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the completion of the test and evaluation event or 

activity that identified the safety concern; and 

‘‘(B) notify the Chief Acquisition Officer and 

include in such notification— 

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

be taken to correct or mitigate the safety concern in all capabilities or assets and subsystems of the capabilities or assets yet to be 

produced, and the date by which those actions 

will be taken; 

‘‘(ii) an explanation of the actions that 

will be taken to correct or mitigate the safety 

concern in previously produced capabilities or 

assets and subsystems of the capabilities or assets, and the date by which those actions will 

be taken; and 

‘‘(iii) an assessment of the adequacy of 

current funding to correct or mitigate the safety concern in capabilities or assets and subsystems of the capabilities or assets and in previously produced capabilities or assets and subsystems. 

‘‘(c) TECHNICAL CERTIFICATION.— 

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

that any Level 1 or Level 2 acquisition project or pro-
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gram is certified by the technical authority of the Coast 

Guard after review by an independent third party with 

capabilities in the mission area, asset, or particular asset 

component. 

‘‘(2) TEMPEST TESTING.—The Commandant 

shall— 

‘‘(A) cause all electronics on all aircraft, surface, and shore capabilities and assets that require 

TEMPEST certification and that are delivered after 

the date of enactment of the Coast Guard Authorization Act of 2010 to be tested in accordance with 

TEMPEST standards and communications security 

(comsec) standards by an independent third party 

that is authorized by the Federal Government to 

perform such testing; and 

‘‘(B) certify that the assets meet all applicable 

TEMPEST requirements. 

‘‘(3) CUTTER CLASSIFICATION.— 

‘‘(A) IN GENERAL.—The Commandant shall 

cause each cutter, other than a National Security 

Cutter, acquired by the Coast Guard and delivered 

after the date of enactment of the Coast Guard Authorization Act of 2010 to be classed by the American Bureau of Shipping before final acceptance. 
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‘‘(B) REPORTS.—Not later than December 31, 

2011, and biennially thereafter, the Commandant 

shall provide a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate identifying which, if any, Coast Guard cutters that have 

been issued a certificate of classification by the 

American Bureau of Shipping have not been maintained in class and detailing the reasons why they 

have not been maintained in class. 

‘‘(4) OTHER VESSELS.—The Commandant shall 

cause the design and construction of each National Security Cutter, other than National Security Cutters 1, 2, 

and 3, to be assessed by an independent third party with 

expertise in vessel design and construction certification. 

‘‘(5) AIRCRAFT AIRWORTHINESS.—The Commandant shall cause all aircraft and aircraft engines acquired by the Coast Guard and delivered after the date 

of enactment of the Coast Guard Authorization Act of 

2010 to be assessed for airworthiness by an independent 

third party with expertise in aircraft and aircraft engine 

certification before final acceptance. 

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

‘‘(a) IN GENERAL.—The Commandant shall— 
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‘‘(1) ensure there is a stable and efficient production and support capability to develop an asset or capability for the Coast Guard; 

‘‘(2) conduct follow-on testing to confirm and monitor performance and correct deficiencies; and 

‘‘(3) conduct acceptance tests and trials prior to the 

delivery of each asset or system to ensure the delivered 

asset or system achieves full operational capability. 

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

‘‘(1) execute production contracts; 

‘‘(2) ensure that delivered assets and capabilities 

meet operational cost and schedules requirements established in the acquisition program baseline; 

‘‘(3) validate manpower and training requirements 

to meet system needs to operate, maintain, support, and 

instruct the assets or capabilities; and 

‘‘(4) prepare an acquisition project or program 

transition plan to enter into programmatic sustainment, 

operations, and support. 

‘‘§ 575. Acquisition program baseline breach 

‘‘(a) IN GENERAL.—The Commandant shall submit a report to the appropriate congressional committees and the 

Committee on Homeland Security of the House of Representatives as soon as possible, but not later than 30 days, after 

the Chief Acquisition Officer of the Coast Guard becomes 
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aware of the breach of an acquisition program baseline for 

any Level 1 or Level 2 acquisition program, by— 

‘‘(1) a likely cost overrun greater than 15 percent 

of the acquisition program baseline for that individual 

capability or asset or a class of capabilities or assets; 

‘‘(2) a likely delay of more than 180 days in the delivery schedule for any individual capability or asset or 

class of capabilities or assets; or 

‘‘(3) an anticipated failure for any individual capability or asset or class of capabilities or assets to satisfy 

any key performance threshold or parameter under the 

acquisition program baseline. 

‘‘(b) CONTENT.—The report submitted under subsection 

(a) shall include— 

‘‘(1) a detailed description of the breach and an explanation of its cause; 

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

schedule; 

‘‘(3) an updated acquisition program baseline and 

the complete history of changes to the original acquisition program baseline; 

‘‘(4) the updated acquisition schedule and the complete history of changes to the original schedule; 

‘‘(5) a full life-cycle cost analysis for the capability 

or asset or class of capabilities or assets; 
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‘‘(6) a remediation plan identifying corrective actions and any resulting issues or risks; and 

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

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

a likely delay is greater than 12 months from the costs and 

schedule described in the acquisition program baseline for 

any Level 1 or Level 2 acquisition project or program of the 

Coast Guard, the Commandant shall include in the report a 

written certification, with a supporting explanation, that— 

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

class to be acquired under the project or program is essential to the accomplishment of Coast Guard missions; 

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

asset or capability or asset class that will provide equal 

or greater capability in both a more cost-effective and 

timely manner; 

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

total acquisition cost are reasonable; and 

‘‘(4) the management structure for the acquisition 

program is adequate to manage and control performance, cost, and schedule. 
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‘‘§ 576. Acquisition approval authority 

‘‘Nothing in this subchapter shall be construed as altering or diminishing in any way the statutory authority and responsibility of the Secretary of the department in which the 

Coast Guard is operating, or the Secretary’s designee, to— 

‘‘(1) manage and administer department procurements, including procurements by department components, as required by section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341); or 

‘‘(2) manage department acquisition activities and 

act as the Acquisition Decision Authority with regard to 

the review or approval of a Coast Guard Level 1 or 

Level 2 acquisition project or program, as required by 

section 16 of the Office of Federal Procurement Policy 

Act (41 U.S.C. 414) and related implementing regulations and directives. 

‘‘SUBCHAPTER III—DEFINITIONS 

‘‘§ 581. Definitions 

‘‘In this chapter: 

‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ 

means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate. 
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‘‘(2) CHIEF ACQUISITION OFFICER.—The term 

‘Chief Acquisition Officer’ means the officer appointed 

under section 56 of this title. 

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

means the Commandant of the Coast Guard. 

‘‘(4) LEVEL 1 ACQUISITION.—The term ‘Level 1 acquisition’ means— 

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

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

exceed $1,000,000,000; or 

‘‘(ii) the estimated total acquisition costs 

of which exceed $300,000,000; or 

‘‘(B) any acquisition that the Chief Acquisition 

Officer of the Coast Guard determines to have a 

special interest— 

‘‘(i) due to— 

‘‘(I) the experimental or technically 

immature nature of the asset; 

‘‘(II) the technological complexity of 

the asset; 

‘‘(III) the commitment of resources; 

or 

‘‘(IV) the nature of the capability or 

set of capabilities to be achieved; or 
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‘‘(ii) because such acquisition is a joint acquisition. 

‘‘(5) LEVEL 2 ACQUISITION.—The term ‘Level 2 acquisition’ means an acquisition by the Coast Guard— 

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

equal to or less than $1,000,000,000, but greater 

than $300,000,000; or 

‘‘(B) the estimated total acquisition costs of 

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

greater than $100,000,000. 

‘‘(6) LIFE-CYCLE COST.—The term ‘life-cycle cost’ 

means all costs for development, procurement, construction, and operations and support for a particular capability or asset, without regard to funding source or management control. 

‘‘(7) PROJECT OR PROGRAM MANAGER DEFINED.— 

The term ‘project or program manager’ means an individual designated— 

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

asset to meet identified operational requirements; 

and 

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

‘‘(8) SAFETY CONCERN.—The term ‘safety concern’ 

means any hazard associated with a capability or asset 
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or a subsystem of a capability or asset that is likely to 

cause serious bodily injury or death to a typical Coast 

Guard user in testing, maintaining, repairing, or operating the capability, asset, or subsystem or any hazard 

associated with the capability, asset, or subsystem that 

is likely to cause major damage to the capability, asset, 

or subsystem during the course of its normal operation 

by a typical Coast Guard user. 

‘‘(9) DEVELOPMENTAL TEST AND EVALUATION.— 

The term ‘developmental test and evaluation’ means— 

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

the subsystems of the capability or asset to determine whether they meet all contractual performance 

requirements, including technical performance requirements, supportability requirements, and interoperability requirements and related specifications; 

and 

‘‘(B) the evaluation of the results of such testing. 

‘‘(10) OPERATIONAL TEST AND EVALUATION.—The 

term ‘operational test and evaluation’ means— 

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

the subsystems of the capability or asset, under 

conditions similar to those in which the capability 

or asset and subsystems will actually be deployed, 
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for the purpose of determining the effectiveness and 

suitability of the capability or asset and subsystems 

for use by typical Coast Guard users to conduct 

those missions for which the capability or asset and 

subsystems are intended to be used; and 

‘‘(B) the evaluation of the results of such testing.’’. 

(b) CONFORMING AMENDMENT.—The part analysis for 

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

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

SEC. 403. NATIONAL SECURITY CUTTERS. 

(a) NATIONAL SECURITY CUTTERS 1 AND 2.—Not later 

than 90 days before the Coast Guard awards any contract or 

issues any delivery order or task order to strengthen the hull 

of either of National Security Cutter 1 or 2 to resolve the 

structural design and performance issues identified in the Department of Homeland Security Inspector General’s Report 

OIG–07–23 dated January 2007, the Commandant shall submit to the appropriate congressional committees all results of 

an assessment of the proposed hull strengthening design conducted by the Coast Guard, including— 

(1) a description in detail of the extent to which the 

hull strengthening measures to be implemented on those 

cutters will enable the cutters to meet contract and performance requirements; 
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(2) a cost-benefit analysis of the proposed hull 

strengthening measures for National Security Cutters 1 

and 2; and 

(3) a description of any operational restrictions that 

would have to be applied to either National Security 

Cutter 1 or 2 if the proposed hull strengthening measures were not implemented on either cutter. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

this section the term ‘‘appropriate congressional committees’’ 

means the Committees on Transportation and Infrastructure 

and Homeland Security of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of 

the Senate. 

SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY. 

(a) IN GENERAL.—For purposes of sections 3304, 5333, 

and 5753 of title 5, United States Code, the Commandant of 

the Coast Guard may— 

(1) designate any category of acquisition positions 

within the Coast Guard as shortage category positions; 

and 

(2) use the authorities in such sections to recruit 

and appoint highly qualified persons directly to positions 

so designated. 
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(b) LIMITATION.—The Commandant may not appoint a 

person to a position of employment under this paragraph 

after September 30, 2012. 

(c) REPORTS.—The Commandant shall include in reports under section 562(d) of title 14, United States Code, 

as added by this title, information described in that section 

regarding positions designated under this section. 

TITLE V—COAST GUARD 

MODERNIZATION 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Coast Guard Modernization Act of 2010’’. 

Subtitle A—Coast Guard Leadership 

SEC. 511. VICE ADMIRALS. 

(a) VICE ADMIRALS.—Section 50 of such title is amended to read as follows: 

‘‘§ 50. Vice admirals 

‘‘(a)(1) The President may designate no more than 4 positions of importance and responsibility that shall be held by 

officers who— 

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

vice admiral, with the pay and allowances of that 

grade; and 

‘‘(B) shall perform such duties as the Commandant may prescribe. 
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‘‘(2) The President may appoint, by and with the advice 

and consent of the Senate, and reappoint, by and with the 

advice and consent of the Senate, to any such position an officer of the Coast Guard who is serving on active duty above 

the grade of captain. The Commandant shall make recommendations for such appointments. 

‘‘(3) (A) Except as provided in subparagraph (B), one 

of the vice admirals designated under paragraph (1) must 

have at least 10 years experience in vessel inspection, marine 

casualty investigations, mariner licensing, or an equivalent 

technical expertise in the design and construction of commercial vessels, with at least 4 years of leadership experience at 

a staff or unit carrying out marine safety functions and shall 

serve as the principal advisor to the Commandant on these 

issues. 

‘‘(B) The requirements of subparagraph (A) do not 

apply to such vice admiral if the subordinate officer serving 

in the grade of rear admiral with responsibilities for marine 

safety, security, and stewrdship possesses that experience. 

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

shall be effective on the date the officer assumes that duty 

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

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

the officer is detached from that duty. 
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‘‘(2) An officer who is appointed to a position designated 

under subsection (a) shall continue to hold the grade of vice 

admiral— 

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

another position designated under subsection (a), beginning on the date the officer is detached from that duty 

and terminating on the date before the day the officer 

assumes the subsequent duty, but not for more than 60 

days; 

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

hospitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 

days; and 

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

date the officer is detached from duty and ending on the 

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

than 60 days. 

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

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

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

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

shall be considered for promotion to the permanent grade of 

rear admiral as if the officer was serving in the officer’s permanent grade. 
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‘‘(d) Whenever a vacancy occurs in a position designated 

under subsection (a), the Commandant shall inform the 

President of the qualifications needed by an officer serving in 

that position or office to carry out effectively the duties and 

responsibilities of that position or office.’’. 

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

(c) CONFORMING AMENDMENTS.—Section 51 of such 

title is amended— 

(1) by striking subsections (a), (b), and (c) and inserting the following: 

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

serving in the grade of vice admiral, is retired for physical 

disability shall be placed on the retired list with the highest 

grade in which that officer served. 

‘‘(b) An officer, other than the Commandant, who is retired while serving in the grade of vice admiral, or who, after 

serving at least 21⁄2 years in the grade of vice admiral, is retired while serving in a lower grade, may in the discretion of 

the President, be retired with the highest grade in which that 

officer served. 

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

serving less than 21⁄2 years in the grade of vice admiral, is 

retired while serving in a lower grade, shall be retired in his 

permanent grade.’’; and 
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(2) by striking ‘‘Area Commander, or Chief of 

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

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

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

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

(e) CONTINUATION ON ACTIVE DUTY.—The second sentence of section 290(a) of title 14, United States Code, is 

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

the grade of vice admiral are not subject to consideration for 

continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued at the grade of rear admiral.’’. 

(f) CLERICAL AMENDMENTS.— 

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

is amended to read as follows: 

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

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

United States Code, is amended to read as follows: 

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

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

is amended— 

(A) by striking the item relating to section 47 

and inserting the following: 

‘‘47. Vice Commandant; appointment.’’; 
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(B) by striking the item relating to section 

50a; 

(C) by striking the item relating to section 50 

and inserting the following: 

‘‘50. Vice admirals.’’; and 

(D) by striking the item relating to section 52 

and inserting the following: 

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

(g) TECHNICAL CORRECTION.—Section 47 of such title 

is further amended by striking ‘‘subsection’’ in the fifth sentence and inserting ‘‘section’’. 

(h) TREATMENT OF INCUMBENTS; TRANSITION.— 

(1) Notwithstanding any other provision of law, an 

officer who, on the date of enactment of this Act, is serving as Chief of Staff, Commander, Atlantic Area, or 

Commander, Pacific Area— 

(A) shall continue to have the grade of vice admiral with pay and allowance of that grade until 

such time that the officer is relieved of his duties 

and appointed and confirmed to another position as 

a vice admiral or admiral; or 

(B) for the purposes of transition, may continue at the grade of vice admiral with pay and allowance of that grade, for not more than 1 year 

after the date of enactment of this Act, to perform 
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the duties of the officer’s former position and any 

other such duties that the Commandant prescribes. 

Subtitle B—Workforce Expertise 

SEC. 521. PREVENTION AND RESPONSE STAFF. 

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

Code, is amended by adding at the end the following new sections: 

‘‘§ 57. Prevention and response workforces 

‘‘(a) CAREER PATHS.—The Secretary, acting through 

the Commandant, shall ensure that appropriate career paths 

for civilian and military Coast Guard personnel who wish to 

pursue career paths in prevention or response positions are 

identified in terms of the education, training, experience, and 

assignments necessary for career progression of civilians and 

members of the Armed Forces to the most senior prevention 

or response positions, as appropriate. The Secretary shall 

make available published information on such career paths. 

‘‘(b) QUALIFICATIONS FOR CERTAIN ASSIGNMENTS.—An 

officer, member, or civilian employee of the Coast Guard assigned as a— 

‘‘(1) marine inspector shall have the training, experience, and qualifications equivalent to that required for 

a similar position at a classification society recognized by 

the Secretary under section 3316 of title 46 for the type 

of vessel, system, or equipment that is inspected; 
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‘‘(2) marine casualty investigator shall have the 

training, experience, and qualifications in investigation, 

marine casualty reconstruction, evidence collection and 

preservation, human factors, and documentation using 

best investigation practices by Federal and non-Federal 

entities; or 

‘‘(3) marine safety engineer shall have knowledge, 

skill, and practical experience in— 

‘‘(A) the construction and operation of commercial vessels; 

‘‘(B) judging the character, strength, stability, 

and safety qualities of such vessels and their equipment; or 

‘‘(C) the qualifications and training of vessel 

personnel. 

‘‘(c) APPRENTICESHIP REQUIREMENT TO QUALIFY FOR

CERTAIN CAREERS.—The Commandant may require an officer, member, or employee of the Coast Guard in training for 

a specialized prevention or response career path to serve an 

apprenticeship under the guidance of a qualified individual. 

However, an individual in training to become a marine inspector, marine casualty investigator, or marine safety engineer shall serve a minimum of one-year as an apprentice unless the Commandant authorizes a shorter period for certain 

qualifications. 
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‘‘(d) MANAGEMENT INFORMATION SYSTEM.—The Secretary, acting through the Commandant, shall establish a 

management information system for the prevention and response workforces that shall provide, at a minimum, the following standardized information on persons serving in those 

workforces: 

‘‘(1) Qualifications, assignment history, and tenure 

in assignments. 

‘‘(2) Promotion rates for military and civilian personnel. 

‘‘(e) ASSESSMENT OF ADEQUACY OF MARINE SAFETY

WORKFORCE.— 

‘‘(1) REPORT.—The Secretary, acting through the 

Commandant, shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate by December 1 of each 

year on the adequacy of the current marine safety workforce to meet that anticipated workload. 

‘‘(2) CONTENTS.—The report shall specify the number of civilian and military Coast Guard personnel currently assigned to marine safety positions and shall identify positions that are understaffed to meet the anticipated marine safety workload. 
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‘‘(f) SECTOR CHIEF OF PREVENTION.—There shall be in 

each Coast Guard sector a Chief of Prevention who shall be 

at least a Lieutenant Commander or civilian employee within 

the grade GS–13 of the General Schedule, and who shall be 

a— 

‘‘(1) marine inspector, qualified to inspect vessels, 

vessel systems, and equipment commonly found in the 

sector; and 

‘‘(2) qualified marine casualty investigator or marine safety engineer. 

‘‘(g) SIGNATORIES OF LETTER OF QUALIFICATION FOR

CERTAIN PREVENTION PERSONNEL.—Each individual signing a letter of qualification for marine safety personnel must 

hold a letter of qualification for the type being certified. 

‘‘(h) SECTOR CHIEF OF RESPONSE.—There shall be in 

each Coast Guard sector a Chief of Response who shall be 

at least a Lieutenant Commander or civilian employee within 

the grade GS–13 of the General Schedule in each Coast 

Guard sector. 

‘‘§ 58. Centers of expertise for Coast Guard prevention 

and response 

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

Guard may establish and operate one or more centers of expertise for prevention and response missions of the Coast 

Guard (in this section referred to as a ‘center’). 
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‘‘(b) MISSIONS.—Each center shall— 

‘‘(1) promote and facilitate education, training, and 

research; 

‘‘(2) develop a repository of information on its missions and specialties; and 

‘‘(3) perform any other missions as the Commandant may specify. 

‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHORIZED.—The Commandant may enter into an 

agreement with an appropriate official of an institution of 

higher education to— 

‘‘(1) provide for joint operation of a center; and 

‘‘(2) provide necessary administrative services for a 

center, including administration and allocation of funds. 

‘‘(d) ACCEPTANCE OF DONATIONS.— 

‘‘(1) Except as provided in paragraph (2), the Commandant may accept, on behalf of a center, donations to 

be used to defray the costs of the center or to enhance 

the operation of the center. Those donations may be accepted from any State or local government, any foreign 

government, any foundation or other charitable organization (including any that is organized or operates under 

the laws of a foreign country), or any individual. 
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‘‘(2) The Commandant may not accept a donation 

under paragraph (1) if the acceptance of the donation 

would compromise or appear to compromise— 

‘‘(A) the ability of the Coast Guard or the department in which the Coast Guard is operating, 

any employee of the Coast Guard or the department, or any member of the Armed Forces to carry 

out any responsibility or duty in a fair and objective 

manner; or 

‘‘(B) the integrity of any program of the Coast 

Guard, the department in which the Coast Guard is 

operating, or of any person involved in such a program. 

‘‘(3) The Commandant shall prescribe written guidance setting forth the criteria to be used in determining 

whether or not the acceptance of a donation from a foreign source would have a result described in paragraph 

(2). 

‘‘§ 59. Marine industry training program 

‘‘(a) IN GENERAL.—The Commandant shall, by policy, 

establish a program under which an officer, member, or employee of the Coast Guard may be assigned to a private entity 

to further the institutional interests of the Coast Guard with 

regard to marine safety, including for the purpose of pro-
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viding training to an officer, member, or employee. Policies 

to carry out the program— 

‘‘(1) with regard to an employee of the Coast 

Guard, shall include provisions, consistent with sections 

3702 through 3704 of title 5, as to matters concerning— 

‘‘(A) the duration and termination of assignments; 

‘‘(B) reimbursements; and 

‘‘(C) status, entitlements, benefits, and obligations of program participants; and 

‘‘(2) shall require the Commandant, before approving the assignment of an officer, member, or employee 

of the Coast Guard to a private entity, to determine that 

the assignment is an effective use of the Coast Guard’s 

funds, taking into account the best interests of the Coast 

Guard and the costs and benefits of alternative methods 

of achieving the same results and objectives. 

‘‘(b) ANNUAL REPORT.—Not later than the date of the 

submission each year of the President’s budget request under 

section 1105 of title 31, the Commandant shall submit to the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report that describes— 
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‘‘(1) the number of officers, members, and employees of the Coast Guard assigned to private entities under 

this section; and 

‘‘(2) the specific benefit that accrues to the Coast 

Guard for each assignment.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at 

the beginning of such chapter is further amended by adding 

at the end the following new items: 

‘‘57. Prevention and response workforces. 

‘‘58. Centers of expertise for Coast Guard prevention and response. 

‘‘59. Marine industry training programs.’’. 

SEC. 522. MARINE SAFETY MISSION PRIORITIES AND LONGTERM GOALS. 

(a) IN GENERAL.—Chapter 21 of title 46, United States 

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

‘‘§ 2116. Marine safety strategy, goals, and performance 

assessments 

‘‘(a) LONG-TERM STRATEGY AND GOALS.—In conjunction with existing federally required strategic planning efforts, the Secretary shall develop a long-term strategy for improving vessel safety and the safety of individuals on vessels. 

The strategy shall include the issuance each year of an annual plan and schedule for achieving the following goals: 

‘‘(1) Reducing the number and rates of marine casualties. 
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‘‘(2) Improving the consistency and effectiveness of 

vessel and operator enforcement and compliance programs. 

‘‘(3) Identifying and targeting enforcement efforts 

at high-risk vessels and operators. 

‘‘(4) Improving research efforts to enhance and promote vessel and operator safety and performance. 

‘‘(b) CONTENTS OF STRATEGY AND ANNUAL PLANS.— 

‘‘(1) MEASURABLE GOALS.—The strategy and annual plans shall include specific numeric or measurable 

goals designed to achieve the goals set forth in subsection (a). The purposes of the numeric or measurable 

goals are the following: 

‘‘(A) To increase the number of safety examinations on all high-risk vessels. 

‘‘(B) To eliminate the backlog of marine safety-related rulemakings. 

‘‘(C) To improve the quality and effectiveness 

of marine safety information databases by ensuring 

that all Coast Guard personnel accurately and effectively report all safety, casualty, and injury information. 

‘‘(D) To provide for a sufficient number of 

Coast Guard marine safety personnel, and provide 
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adequate facilities and equipment to carry out the 

functions referred to in section 93(c). 

‘‘(2) RESOURCE NEEDS.—The strategy and annual 

plans shall include estimates of— 

‘‘(A) the funds and staff resources needed to 

accomplish each activity included in the strategy 

and plans; and 

‘‘(B) the staff skills and training needed for 

timely and effective accomplishment of each goal. 

‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.— 

Beginning with fiscal year 2011 and each fiscal year thereafter, the Secretary shall submit to Congress the strategy and 

annual plan not later than 60 days following the transmission 

of the President’s budget submission under section 1105 of 

title 31. 

‘‘(d) ACHIEVEMENT OF GOALS.— 

‘‘(1) PROGRESS ASSESSMENT.—No less frequently 

than semiannually, the Coast Guard Commandant shall 

assess the progress of the Coast Guard toward achieving 

the goals set forth in subsection (b). The Commandant 

shall convey the Commandant’s assessment to the employees of the marine safety workforce and shall identify 

any deficiencies that should be remedied before the next 

progress assessment. 
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‘‘(2) REPORT TO CONGRESS.—The Secretary shall 

report annually to the Committee on Transportation and 

Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation 

of the Senate— 

‘‘(A) on the performance of the marine safety 

program in achieving the goals of the marine safety 

strategy and annual plan under subsection (a) for 

the year covered by the report; 

‘‘(B) on the program’s mission performance in 

achieving numerical measurable goals established 

under subsection (b); and 

‘‘(C) recommendations on how to improve performance of the program.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such 

chapter is amended by adding at the end the following new 

item: 

‘‘2116. Marine safety strategy, goals, and performance assessments.’’. 

(c) CERTIFICATES OF INSPECTION.—Section 3309 of 

title 46, United States Code, is amended by adding at the 

end the following: 

‘‘(d) A certificate of inspection issued under this section 

shall be signed by the senior Coast Guard member or civilian 

employee who inspected the vessel, in addition to the officer 

in charge of marine inspection.’’. 
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SEC. 523. POWERS AND DUTIES. 

Section 93 of title 14, United States Code, is amended 

by adding at the end the following new subsections: 

‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exercising 

the Commandant’s duties and responsibilities with regard to 

marine safety, the individual with the highest rank who meets 

the experience qualifications set forth in section 50(a)(3) 

shall serve as the principal advisor to the Commandant regarding— 

‘‘(1) the operation, regulation, inspection, identification, manning, and measurement of vessels, including 

plan approval and the application of load lines; 

‘‘(2) approval of materials, equipment, appliances, 

and associated equipment; 

‘‘(3) the reporting and investigation of marine casualties and accidents; 

‘‘(4) the licensing, certification, documentation, protection and relief of merchant seamen; 

‘‘(5) suspension and revocation of licenses and certificates; 

‘‘(6) enforcement of manning requirements, citizenship requirements, control of log books; 

‘‘(7) documentation and numbering of vessels; 

‘‘(8) State boating safety programs; 

‘‘(9) commercial instruments and maritime liens; 

‘‘(10) the administration of bridge safety; 
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‘‘(11) administration of the navigation rules; 

‘‘(12) the prevention of pollution from vessels; 

‘‘(13) ports and waterways safety; 

‘‘(14) waterways management; including regulation 

for regattas and marine parades; 

‘‘(15) aids to navigation; and 

‘‘(16) other duties and powers of the Secretary related to marine safety and stewardship. 

‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing in 

subsection (c) affects— 

‘‘(1) the authority of Coast Guard officers and 

members to enforce marine safety regulations using authority under section 89 of this title; or 

‘‘(2) the exercise of authority under section 91 of 

this title and the provisions of law codified at sections 

191 through 195 of title 50 on the date of enactment 

of this paragraph.’’. 

SEC. 524. APPEALS AND WAIVERS. 

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

Code, is further amended by inserting at the end the following new section: 

‘‘§ 102. Appeals and waivers 

‘‘Except for the Commandant of the Coast Guard, any 

individual adjudicating an appeal or waiver of a decision re-
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garding marine safety, including inspection or manning and 

threats to the environment, shall— 

‘‘(1) be a qualified specialist with the training, experience, and qualifications in marine safety to effectively judge the facts and circumstances involved in the 

appeal and make a judgment regarding the merits of the 

appeal; or 

‘‘(2) have a senior staff member who— 

‘‘(A) meets the requirements of paragraph (1); 

‘‘(B) actively advises the individual adjudicating the appeal; and 

‘‘(C) concurs in writing on the decision on appeal.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such 

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

‘‘102. Appeals and waivers.’’. 

SEC. 525. COAST GUARD ACADEMY. 

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

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

new section: 

‘‘§ 200. Marine safety curriculum 

‘‘The Commandant of the Coast Guard shall ensure that 

professional courses of study in marine safety are provided at 

the Coast Guard Academy, and during other officer accession 

programs, to give Coast Guard cadets and other officer can-
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didates a background and understanding of the marine safety 

program. These courses may include such topics as program 

history, vessel design and construction, vessel inspection, casualty investigation, and administrative law and regulations.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such 

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

‘‘200. Marine safety curriculum.’’. 

SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPECTORS. 

Not later than 1 year after the date of enactment of this 

Act, the Commandant of the Coast Guard shall submit to the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on Coast 

Guard’s efforts to recruit and retain civilian marine inspectors and investigators and the impact of such recruitment 

and retention efforts on Coast Guard organizational performance. 

TITLE VI—MARINE SAFETY 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Maritime Safety Act of 

2010’’. 

SEC. 602. VESSEL SIZE LIMITS. 

(a) LENGTH, TONNAGE, AND HORSEPOWER.—Section 

12113(d)(2) of title 46, United States Code, is amended— 
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(1) by inserting ‘‘and’’ after the semicolon at the 

end of subparagraph (A)(i); 

(2) by striking ‘‘and’’ at the end of subparagraph 

(A)(ii); 

(3) by striking subparagraph (A)(iii); 

(4) by striking the period at the end of subparagraph (B) and inserting a semicolon; and 

(5) by inserting at the end the following: 

‘‘(C) the vessel is either a rebuilt vessel or a 

replacement vessel under section 208(g) of the 

American Fisheries Act (title II of division C of 

Public Law 105–277; 112 Stat. 2681–627) and is 

eligible for a fishery endorsement under this section; or 

‘‘(D) the vessel is a fish tender vessel that is 

not engaged in the harvesting or processing of 

fish.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) VESSEL REBUILDING AND REPLACEMENT.— 

Section 208(g) of the American Fisheries Act (title II of 

division C of Public Law 105–277; 112 Stat. 2681–627) 

is amended to read as follows: 

‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 

‘‘(1) IN GENERAL.— 
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‘‘(A) REBUILD OR REPLACE.—Notwithstanding 

any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits 

or licenses to a replacement vessel contained in sections 679.2 and 679.4 of title 50, Code of Federal 

Regulations, as in effect on the date of enactment 

of the Coast Guard Authorization Act of 2010 and 

except as provided in paragraph (4), the owner of 

a vessel eligible under subsection (a), (b), (c), (d), 

or (e), in order to improve vessel safety and operational efficiencies (including fuel efficiency), may 

rebuild or replace that vessel (including fuel efficiency) with a vessel documented with a fishery endorsement under section 12113 of title 46, United 

States Code. 

‘‘(B) SAME REQUIREMENTS.—The rebuilt or 

replacement vessel shall be eligible in the same 

manner and subject to the same restrictions and 

limitations under such subsection as the vessel 

being rebuilt or replaced. 

‘‘(C) TRANSFER OF PERMITS AND LICENSES.— 

Each fishing permit and license held by the owner 

of a vessel or vessels to be rebuilt or replaced under 

subparagraph (A) shall be transferred to the rebuilt 

or replacement vessel or its owner, as necessary to 
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permit such rebuilt or replacement vessel to operate 

in the same manner as the vessel prior to the rebuilding or the vessel it replaced, respectively. 

‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC FISHERY MANAGEMENT COUNCIL.—The North Pacific Fishery Management Council may recommend for approval 

by the Secretary such conservation and management 

measures, including size limits and measures to control 

fishing capacity, in accordance with the Magnuson-Stevens Act as it considers necessary to ensure that this 

subsection does not diminish the effectiveness of fishery 

management plans of the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska. 

‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN VESSELS.— 

‘‘(A) IN GENERAL.—Notwithstanding the requirements of subsections (b)(2), (c)(1), and (c)(2) 

of section 12113 of title 46, United States Code, a 

vessel that is eligible under subsection (a), (b), (c), 

or (e) and that qualifies to be documented with a 

fishery endorsement pursuant to section 213(g) may 

be replaced with a replacement vessel under paragraph (1) if the vessel that is replaced is validly 

documented with a fishery endorsement pursuant to 

section 213(g) before the replacement vessel is doc-
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umented with a fishery endorsement under section 

12113 of title 46, United States Code. 

‘‘(B) APPLICABILITY.—A replacement vessel 

under subparagraph (A) and its owner and mortgagee are subject to the same limitations under section 213(g) that are applicable to the vessel that 

has been replaced and its owner and mortgagee. 

‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS.— 

‘‘(A) IN GENERAL.—A replacement for a covered vessel described in subparagraph (B) is prohibited from harvesting fish in any fishery (except for 

the Pacific whiting fishery) managed under the authority of any Regional Fishery Management Council (other than the North Pacific Fishery Management Council) established under section 302(a) of 

the Magnuson-Stevens Act. 

‘‘(B) COVERED VESSELS.—A covered vessel referred to in subparagraph (A) is— 

‘‘(i) a vessel eligible under subsection (a), 

(b), or (c) that is replaced under paragraph 

(1); or 

‘‘(ii) a vessel eligible under subsection (a), 

(b), or (c) that is rebuilt to increase its reg-
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istered length, gross tonnage, or shaft horsepower. 

‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.— 

Any vessel that is replaced under this subsection shall 

thereafter not be eligible for a fishery endorsement 

under section 12113 of title 46, United States Code, unless that vessel is also a replacement vessel described in 

paragraph (1). 

‘‘(6) GULF OF ALASKA LIMITATION.—Notwithstanding paragraph (1), the Secretary shall prohibit 

from participation in the groundfish fisheries of the Gulf 

of Alaska any vessel that is rebuilt or replaced under 

this subsection and that exceeds the maximum length 

overall specified on the license that authorizes fishing for 

groundfish pursuant to the license limitation program 

under part 679 of title 50, Code of Federal Regulations, 

as in effect on the date of enactment of the Coast Guard 

Authorization Act of 2010. 

‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing in 

this section shall be construed to diminish or otherwise 

affect the authority of the Pacific Council to recommend 

to the Secretary conservation and management measures 

to protect fisheries under its jurisdiction (including the 

Pacific whiting fishery) and participants in such fisheries 

from adverse impacts caused by this Act.’’. 
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(2) REPEAL OF EXEMPTION OF CERTAIN VESSELS.—Section 203(g) of the American Fisheries Act 

(title II of division C of Public Law 105–277; 112 Stat. 

2681–620) is repealed. 

(3) FISHERY COOPERATIVE EXIT PROVISIONS.— 

Section 210(b) of the American Fisheries Act (title II of 

division C of Public Law 105–277; 112 Stat. 2681–629) 

is amended— 

(A) by moving the matter beginning with ‘‘the 

Secretary shall’’ in paragraph (1) 2 ems to the 

right; and 

(B) by adding at the end the following: 

‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— 

‘‘(A) FISHING ALLOWANCE DETERMINATION.— 

For purposes of determining the aggregate percentage of directed fishing allowances under paragraph 

(1), when a catcher vessel is removed from the directed pollock fishery, the fishery allowance for pollock for the vessel being removed— 

‘‘(i) shall be based on the catch history 

determination for the vessel made pursuant to 

section 679.62 of title 50, Code of Federal 

Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 

2010; and 
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‘‘(ii) shall be assigned, for all purposes 

under this title, in the manner specified by the 

owner of the vessel being removed to any other 

catcher vessel or among other catcher vessels 

participating in the fishery cooperative if such 

vessel or vessels remain in the fishery cooperative for at least one year after the date on 

which the vessel being removed leaves the directed pollock fishery. 

‘‘(B) ELIGIBILITY FOR FISHERY ENDORSEMENT.—Except as provided in subparagraph (C), a 

vessel that is removed pursuant to this paragraph 

shall be permanently ineligible for a fishery endorsement, and any claim (including relating to catch 

history) associated with such vessel that could qualify any owner of such vessel for any permit to participate in any fishery within the exclusive economic 

zone of the United States shall be extinguished, unless such removed vessel is thereafter designated to 

replace a vessel to be removed pursuant to this 

paragraph. 

‘‘(C) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in this paragraph shall be construed— 
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‘‘(i) to make the vessels AJ (United 

States official number 905625), DONA 

MARTITA (United States official number 

651751), NORDIC EXPLORER (United 

States official number 678234), and 

PROVIDIAN (United States official number 

1062183) ineligible for a fishery endorsement 

or any permit necessary to participate in any 

fishery under the authority of the New England Fishery Management Council or the MidAtlantic Fishery Management Council established, respectively, under subparagraphs (A) 

and (B) of section 302(a)(1) of the MagnusonStevens Act; or 

‘‘(ii) to allow the vessels referred to in 

clause (i) to participate in any fishery under 

the authority of the Councils referred to in 

clause (i) in any manner that is not consistent 

with the fishery management plan for the fishery developed by the Councils under section 

303 of the Magnuson-Stevens Act.’’. 

SEC. 603. COLD WEATHER SURVIVAL TRAINING. 

The Commandant of the Coast Guard shall report to the 

Committee on Transportation and Infrastructure of the 

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

cold weather survival training conducted by the Coast Guard 

over the preceding 5 years. The report shall include plans for 

conducting such training in fiscal years 2010 through 2013. 

SEC. 604. FISHING VESSEL SAFETY. 

(a) SAFETY STANDARDS.—Section 4502 of title 46, 

United States Code, is amended— 

(1) in subsection (a), by— 

(A) striking paragraphs (6) and (7) and inserting the following: 

‘‘(6) other equipment required to minimize the risk 

of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that 

can be eliminated or mitigated by that equipment; and’’; 

and 

(B) redesignating paragraph (8) as paragraph 

(7); 

(2) in subsection (b)— 

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

subparagraph (A), by striking ‘‘documented’’; 

(B) in paragraph (1)(A), by striking ‘‘the 

Boundary Line’’ and inserting ‘‘3 nautical miles 

from the baseline from which the territorial sea of 

the United States is measured or beyond 3 nautical 

miles from the coastline of the Great Lakes’’; 
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(C) in paragraph (2)(B), by striking ‘‘lifeboats 

or liferafts’’ and inserting ‘‘a survival craft that ensures that no part of an individual is immersed in 

water’’; 

(D) in paragraph (2)(D), by inserting ‘‘marine’’ before ‘‘radio’’; 

(E) in paragraph (2)(E), by striking ‘‘radar reflectors, nautical charts, and anchors’’ and inserting 

‘‘nautical charts, and publications’’; 

(F) in paragraph (2)(F), by striking ‘‘, including medicine chests’’ and inserting ‘‘and medical 

supplies sufficient for the size and area of operation 

of the vessel’’; and 

(G) by amending paragraph (2)(G) to read as 

follows: 

‘‘(G) ground tackle sufficient for the vessel.’’; 

(3) by amending subsection (f) to read as follows: 

‘‘(f) To ensure compliance with the requirements of this 

chapter, the Secretary— 

‘‘(1) shall require the individual in charge of a vessel described in subsection (b) to keep a record of equipment maintenance, and required instruction and drills; 

and 

‘‘(2) shall examine at dockside a vessel described in 

subsection (b) at least once every 2 years, and shall 
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issue a certificate of compliance to a vessel meeting the 

requirements of this chapter.’’; and 

(4) by adding at the end the following: 

‘‘(g)(1) The individual in charge of a vessel described in 

subsection (b) must pass a training program approved by the 

Secretary that meets the requirements in paragraph (2) of 

this subsection and hold a valid certificate issued under that 

program. 

‘‘(2) The training program shall— 

‘‘(A) be based on professional knowledge and skill 

obtained through sea service and hands-on training, including training in seamanship, stability, collision prevention, navigation, fire fighting and prevention, damage 

control, personal survival, emergency medical care, emergency drills, and weather; 

‘‘(B) require an individual to demonstrate ability to 

communicate in an emergency situation and understand 

information found in navigation publications; 

‘‘(C) recognize and give credit for recent past experience in fishing vessel operation; and 

‘‘(D) provide for issuance of a certificate to an individual that has successfully completed the program. 

‘‘(3) The Secretary shall prescribe regulations implementing this subsection. The regulations shall require that individuals who are issued a certificate under paragraph (2)(D) 
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must complete refresher training at least once every 5 years 

as a condition of maintaining the validity of the certificate. 

‘‘(4) The Secretary shall establish a publicly accessible 

electronic database listing the names of individuals who have 

participated in and received a certificate confirming successful completion of a training program approved by the Secretary under this section. 

‘‘(h) A vessel to which this chapter applies shall be constructed in a manner that provides a level of safety equivalent 

to the minimum safety standards the Secretary may establish 

for recreational vessels under section 4302, if— 

‘‘(1) subsection (b) of this section applies to the 

vessel; 

‘‘(2) the vessel is less than 50 feet overall in length; 

and 

‘‘(3) the vessel is built after January 1, 2010. 

‘‘(i)(1) The Secretary shall establish a Fishing Safety 

Training Grants Program to provide funding to municipalities, port authorities, other appropriate public entities, notfor-profit organizations, and other qualified persons that provide commercial fishing safety training— 

‘‘(A) to conduct fishing vessel safety training for 

vessel operators and crewmembers that— 

‘‘(i) in the case of vessel operators, meets the 

requirements of subsection (g); and 
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‘‘(ii) in the case of crewmembers, meets the requirements of subsection (g)(2)(A), such requirements of subsection (g)(2)(B) as are appropriate 

for crewmembers, and the requirements of subsections (g)(2)(D), (g)(3), and (g)(4); and 

‘‘(B) for purchase of safety equipment and training 

aids for use in those fishing vessel safety training programs. 

‘‘(2) The Secretary shall award grants under this subsection on a competitive basis. 

‘‘(3) The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 

75 percent. 

‘‘(4) There is authorized to be appropriated $3,000,000 

for each of fiscal years 2010 through 2014 for grants under 

this subsection. 

‘‘(j)(1) The Secretary shall establish a Fishing Safety 

Research Grant Program to provide funding to individuals in 

academia, members of non-profit organizations and businesses involved in fishing and maritime matters, and other 

persons with expertise in fishing safety, to conduct research 

on methods of improving the safety of the commercial fishing 

industry, including vessel design, emergency and survival 

equipment, enhancement of vessel monitoring systems, com-
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munications devices, de-icing technology, and severe weather 

detection. 

‘‘(2) The Secretary shall award grants under this subsection on a competitive basis. 

‘‘(3) The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 

75 percent. 

‘‘(4) There is authorized to be appropriated $3,000,000 

for each fiscal years 2010 through 2014 for activities under 

this subsection.’’. 

(b) CONFORMING AMENDMENT.—Section 4506(b) of 

title 46, United States Code, is repealed. 

(c) ADVISORY COMMITTEE.— 

(1) CHANGE OF NAME.—Section 4508 of title 46, 

United States Code, is amended— 

(A) by striking the section heading and inserting the following: 

‘‘§ 4508. Commercial Fishing Safety Advisory Committee’’; 

and 

(B) in subsection (a) by striking ‘‘Industry 

Vessel’’. 

(2) MEMBERSHIP REQUIREMENTS.—Section 

4508(b)(1) of that title is amended— 

(A) by striking ‘‘seventeen’’ and inserting 

‘‘eighteen’’; 
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(B) in subparagraph (A)— 

(i) in the matter preceding clause (i), by 

striking ‘‘from the commercial fishing industry 

who—’’ and inserting ‘‘who shall represent the 

commercial fishing industry and who—’’; and 

(ii) in clause (ii), by striking ‘‘an 

uninspected’’ and inserting ‘‘a’’; 

(C) by striking subparagraph (B) and inserting 

the following: 

‘‘(B) three members who shall represent the general 

public, including, whenever possible— 

‘‘(i) an independent expert or consultant in 

maritime safety; 

‘‘(ii) a marine surveyor who provides services 

to vessels to which this chapter applies; and 

‘‘(iii) a person familiar with issues affecting 

fishing communities and families of fishermen;’’; 

and 

(D) in subparagraph (C)— 

(i) in the matter preceding clause (i), by 

striking ‘‘representing each of—’’ 

and inserting ‘‘each of whom shall represent— 

’’; 
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(ii) in clause (i), by striking ‘‘or marine 

surveyors;’’ and inserting ‘‘and marine engineers;’’; 

(iii) in clause (iii), by striking ‘‘and’’ after 

the semicolon at the end; 

(iv) in clause (iv), by striking the period 

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

(v) by adding at the end the following new 

clause: 

‘‘(v) owners of vessels to which this chapter applies.’’. 

(3) TERMINATION.—Section 4508(e)(1) of that title 

is amended by striking ‘‘September 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

(4) CLERICAL AMENDMENT.—The table of sections 

at the beginning of chapter 45 of title 46, United States 

Code, is amended by striking the item relating to such 

section and inserting the following: 

‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 

(d) LOADLINES FOR VESSELS 79 FEET OR GREATER IN

LENGTH.— 

(1) LIMITATION ON EXEMPTION FOR FISHING VESSELS.—Section 5102(b)(3) of title 46, United States 

Code, is amended by inserting after ‘‘vessel’’ the following ‘‘, unless the vessel is built after July 1, 2012’’. 
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(2) ALTERNATE PROGRAM FOR CERTAIN FISHING

VESSELS.—Section 5103 of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘(c) A fishing vessel built on or before July 1, 2012, 

that undergoes a substantial change to the dimension of or 

type of the vessel completed after the later of July 1, 2012, 

or the date the Secretary establishes standards for an alternate loadline compliance program, shall comply with such an 

alternative loadline compliance program that is developed in 

cooperation with the commercial fishing industry and prescribed by the Secretary.’’. 

(e) CLASSING OF VESSELS.— 

(1) IN GENERAL.—Section 4503 of title 46, United 

States Code, is amended— 

(A) by striking the section heading and inserting the following: 

‘‘§ 4503. Fishing, fish tender, and fish processing vessel 

certification’’; 

(B) in subsection (a) by striking ‘‘fish processing’’; and 

(C) by adding at the end the following: 

‘‘(c) This section applies to a vessel to which section 

4502(b) of this title applies that is at least 50 feet overall 

in length and is built after July 1, 2012. 
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‘‘(d)(1) After January 1, 2020, a fishing vessel, fish 

processing vessel, or fish tender vessel to which section 

4502(b) of this title applies shall comply with an alternate 

safety compliance program that is developed in cooperation 

with the commercial fishing industry and prescribed by the 

Secretary, if the vessel— 

‘‘(A) is at least 50 feet overall in length; 

‘‘(B) is built before July 1, 2012; and 

‘‘(C) is 25 years of age or older. 

‘‘(2) A fishing vessel, fish processing vessel, or fish tender vessel built before July 1, 2012, that undergoes a substantial change to the dimension of or type of vessel completed after the later of July 1, 2012, or the date the Secretary establishes standards for an alternate safety compliance program, shall comply with such an alternative safety 

compliance program that is developed in cooperation with the 

commercial fishing industry and prescribed by the Secretary. 

‘‘(3) Alternative safety compliance programs may be developed for purposes of paragraph (1) for specific regions and 

fisheries. 

‘‘(4) Notwithstanding paragraph (1), vessels owned by a 

person that owns more than 30 vessels subject to that paragraph are not required to meet the alternate safety compliance requirements of that paragraph until January 1, 2030, 

if that owner enters into a compliance agreement with the 
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Secretary that provides for a fixed schedule for all of the vessels owned by that person to meet requirements of that paragraph by that date and the vessel owner is meeting that 

schedule. 

‘‘(5) A fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies that 

was classed before July 1, 2012, shall— 

‘‘(A) remain subject to the requirements of a classification society approved by the Secretary; and 

‘‘(B) have on board a certificate from that society.’’. 

(2) CLERICAL AMENDMENT.—The table of sections 

at the beginning of chapter 45 of title 46, United States 

Code, is amended by striking the item relating to such 

section and inserting the following: 

‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’. 

(f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.—No 

later than January 1, 2017, the Secretary of the department 

in which the Coast Guard is operating shall prescribe an alternative safety compliance program referred to in section 

4503(d)(1) of the title 46, United States Code, as amended 

by this section. 

SEC. 605. MARINER RECORDS. 

Section 7502 of title 46, United States Code, is amended— 

(1) by inserting ‘‘(a)’’ before ‘‘The’’; 
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(2) by striking ‘‘computerized records’’ and inserting ‘‘records, including electronic records,’’; and 

(3) by adding at the end the following: 

‘‘(b) The Secretary may prescribe regulations requiring 

a vessel owner or managing operator of a commercial vessel, 

or the employer of a seaman on that vessel, to maintain 

records of each individual engaged on the vessel subject to inspection under chapter 33 on matters of engagement, discharge, and service for not less than 5 years after the date 

of the completion of the service of that individual on the vessel. The regulations may require that a vessel owner, managing operator, or employer shall make these records available to the individual and the Coast Guard on request. 

‘‘(c) A person violating this section, or a regulation prescribed under this section, is liable to the United States Government for a civil penalty of not more than $5,000.’’. 

SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR OPERATORS OF CERTAIN TOWING VESSELS. 

Section 8905 of title 46, United States Code, is amended— 

(1) by striking subsection (b); and 

(2) by redesignating subsection (c) as subsection 

(b). 
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SEC. 607. LOG BOOKS. 

(a) IN GENERAL.—Chapter 113 of title 46, United 

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

‘‘§ 11304. Additional logbook and entry requirements 

‘‘(a) A vessel of the United States that is subject to inspection under section 3301 of this title, except a vessel on 

a voyage from a port in the United States to a port in Canada, shall have an official logbook, which shall be kept available for review by the Secretary on request. 

‘‘(b) The log book required by subsection (a) shall include the following entries: 

‘‘(1) The time when each seaman and each officer 

assumed or relieved the watch. 

‘‘(2) The number of hours in service to the vessels 

of each seaman and each officer. 

‘‘(3) An account of each accident, illness, and injury 

that occurs during each watch.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at 

the beginning of such chapter is amended by adding at the 

end the following: 

‘‘11304. Additional logbook and entry requirements.’’. 

SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 

(a) IN GENERAL.—Chapter 21 of title 46, United States 

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

new sections: 
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‘‘§ 2117. Termination for unsafe operation 

‘‘An individual authorized to enforce this title— 

‘‘(1) may remove a certificate required by this title 

from a vessel that is operating in a condition that does 

not comply with the provisions of the certificate; 

‘‘(2) may order the individual in charge of a vessel 

that is operating that does not have on board the certificate required by this title to return the vessel to a mooring and to remain there until the vessel is in compliance 

with this title; and 

‘‘(3) may direct the individual in charge of a vessel 

to which this title applies to immediately take reasonable 

steps necessary for the safety of individuals on board the 

vessel if the official observes the vessel being operated in 

an unsafe condition that the official believes creates an 

especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and 

to remain there until the situation creating the hazard 

is corrected or ended. 

‘‘§ 2118. Establishment of equipment standards 

‘‘(a) In establishing standards for approved equipment 

required on vessels subject to part B of this title, the Secretary shall establish standards that are— 

‘‘(1) based on performance using the best available 

technology that is economically achievable; and 

‘‘(2) operationally practical. 
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‘‘(b) Using the standards established under subsection 

(a), the Secretary may also certify lifesaving equipment that 

is not required to be carried on vessels subject to part B of 

this title to ensure that such equipment is suitable for its intended purpose. 

‘‘(c) At least once every 10 years the Secretary shall review and revise the standards established under subsection 

(a) to ensure that the standards meet the requirements of 

this section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at 

the beginning of such chapter is further amended by adding 

at the end the following: 

‘‘2117. Termination for unsafe operation. 

‘‘2118. Establishment of equipment standards.’’. 

SEC. 609. APPROVAL OF SURVIVAL CRAFT. 

(a) IN GENERAL.—Chapter 31 of title 46, United States 

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

‘‘§ 3104. Survival craft 

‘‘(a) Except as provided in subsection (b), the Secretary 

may not approve a survival craft as a safety device for purposes of this part, unless the craft ensures that no part of 

an individual is immersed in water. 

‘‘(b) The Secretary may authorize a survival craft that 

does not provide protection described in subsection (a) to remain in service until not later than January 1, 2015, if— 
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‘‘(1) it was approved by the Secretary before January 1, 2010; and 

‘‘(2) it is in serviceable condition.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at 

the beginning of such chapter is amended by adding at the 

end the following: 

‘‘3104. Survival craft.’’. 

SEC. 610. SAFETY MANAGEMENT. 

(a) VESSELS TO WHICH REQUIREMENTS APPLY.—Section 3202 of title 46, United States Code, is amended— 

(1) in subsection (a) by striking the heading and inserting ‘‘FOREIGN VOYAGES AND FOREIGN VESSELS.— 

’’; 

(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; 

(3) by inserting after subsection (a) the following: 

‘‘(b) OTHER PASSENGER VESSELS.—This chapter applies to a vessel that is— 

‘‘(1) a passenger vessel or small passenger vessel; 

and 

‘‘(2) is transporting more passengers than a number prescribed by the Secretary based on the number of 

individuals on the vessel that could be killed or injured 

in a marine casualty.’’; 

(4) in subsection (d), as so redesignated, by striking 

‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and 
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(5) in subsection (d)(4), as so redesignated, by inserting ‘‘that is not described in subsection (b) of this 

section’’ after ‘‘waters’’. 

(b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of 

title 46, United States Code, is amended by adding at the 

end the following new subsection: 

‘‘(c) In prescribing regulations for passenger vessels and 

small passenger vessels, the Secretary shall consider— 

‘‘(1) the characteristics, methods of operation, and 

nature of the service of these vessels; and 

‘‘(2) with respect to vessels that are ferries, the 

sizes of the ferry systems within which the vessels operate.’’. 

SEC. 611. PROTECTION AGAINST DISCRIMINATION. 

(a) IN GENERAL.—Section 2114 of title 46, United 

States Code, is amended— 

(1) in subsection (a)(1)(A), by striking ‘‘or’’ after 

the semicolon; 

(2) in subsection (a)(1)(B), by striking the period 

at the end and inserting a semicolon; 

(3) by adding at the end of subsection (a)(1) the 

following new subparagraphs: 

‘‘(C) the seaman testified in a proceeding brought 

to enforce a maritime safety law or regulation prescribed 

under that law; 
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‘‘(D) the seaman notified, or attempted to notify, 

the vessel owner or the Secretary of a work-related personal injury or work-related illness of a seaman; 

‘‘(E) the seaman cooperated with a safety investigation by the Secretary or the National Transportation 

Safety Board; 

‘‘(F) the seaman furnished information to the Secretary, the National Transportation Safety Board, or 

any other public official as to the facts relating to any 

marine casualty resulting in injury or death to an individual or damage to property occurring in connection 

with vessel transportation; or 

‘‘(G) the seaman accurately reported hours of duty 

under this part.’’; and 

(4) by amending subsection (b) to read as follows: 

‘‘(b) A seaman alleging discharge or discrimination in 

violation of subsection (a) of this section, or another person 

at the seaman’s request, may file a complaint with respect to 

such allegation in the same manner as a complaint may be 

filed under subsection (b) of section 31105 of title 49. Such 

complaint shall be subject to the procedures, requirements, 

and rights described in that section, including with respect to 

the right to file an objection, the right of a person to file for 

a petition for review under subsection (c) of that section, and 
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the requirement to bring a civil action under subsection (d) 

of that section.’’. 

(b) EXISTING ACTIONS.—This section shall not affect 

the application of section 2114(b) of title 46, United States 

Code, as in effect before the date of enactment of this Act, 

to an action filed under that section before that date. 

SEC. 612. OIL FUEL TANK PROTECTION. 

Section 3306 of title 46, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(k)(1) Each vessel of the United States that is constructed under a contract entered into after the date of enactment of the Maritime Safety Act of 2010, or that is delivered after January 1, 2011, with an aggregate capacity of 

600 cubic meters or more of oil fuel, shall comply with the 

requirements of Regulation 12A under Annex I to the Protocol of 1978 relating to the International Convention for the 

Prevention of Pollution from Ships, 1973, entitled ‘Oil Fuel 

Tank Protection’. 

‘‘(2) The Secretary may prescribe regulations to apply 

the requirements described in Regulation 12A to vessels described in paragraph (1) that are not otherwise subject to 

that convention. Any such regulation shall be considered to 

be an interpretive rule for the purposes of section 553 of title 

5. 
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‘‘(3) In this subsection the term ‘oil fuel’ means any oil 

used as fuel in connection with the propulsion and auxiliary 

machinery of the vessel in which such oil is carried.’’. 

SEC. 613. OATHS. 

Section 7105 of title 46, United States Code, is amended 

by striking ‘‘before a designated official’’. 

SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS’ DOCUMENTS. 

(a) MERCHANT MARINER’S DOCUMENTS.—Section 

7302(f) of title 46, United States Code, is amended to read 

as follows: 

‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MERCHANT MARINERS’ DOCUMENTS.— 

‘‘(1) IN GENERAL.—Except as provided in subsection (g), a merchant mariner’s document issued under 

this chapter is valid for a 5-year period and may be renewed for additional 5-year periods. 

‘‘(2) ADVANCE RENEWALS.—A renewed merchant 

mariner’s document may be issued under this chapter up 

to 8 months in advance but is not effective until the date 

that the previously issued merchant mariner’s document 

expires or until the completion of any active suspension 

or revocation of that previously issued merchant mariner’s document, whichever is later.’’. 
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(b) DURATION OF LICENSES.—Section 7106 of such 

title is amended to read as follows: 

‘‘§ 7106. Duration of licenses 

‘‘(a) IN GENERAL.—A license issued under this part is 

valid for a 5-year period and may be renewed for additional 

5-year periods; except that the validity of a license issued to 

a radio officer is conditioned on the continuous possession by 

the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission. 

‘‘(b) ADVANCE RENEWALS.—A renewed license issued 

under this part may be issued up to 8 months in advance but 

is not effective until the date that the previously issued license expires or until the completion of any active suspension 

or revocation of that previously issued merchant mariner’s 

document, whichever is later.’’. 

(c) CERTIFICATES OF REGISTRY.—Section 7107 of such 

title is amended to read as follows: 

‘‘§ 7107. Duration of certificates of registry 

‘‘(a) IN GENERAL.—A certificate of registry issued 

under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity 

of a certificate issued to a medical doctor or professional 

nurse is conditioned on the continuous possession by the 
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holder of a license as a medical doctor or registered nurse, 

respectively, issued by a State. 

‘‘(b) ADVANCE RENEWALS.—A renewed certificate of 

registry issued under this part may be issued up to 8 months 

in advance but is not effective until the date that the previously issued certificate of registry expires or until the completion of any active suspension or revocation of that previously issued merchant mariner’s document, whichever is 

later.’’. 

SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS’ DOCUMENTS. 

(a) MERCHANT MARINER LICENSES AND DOCUMENTS.—Chapter 75 of title 46, United States Code, is 

amended by adding at the end the following: 

‘‘§ 7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner 

documents 

‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.—Notwithstanding sections 7106 and 7107, the Secretary of the 

department in which the Coast Guard is operating may— 

‘‘(1) extend for not more than one year an expiring 

license or certificate of registry issued for an individual 

under chapter 73 if the Secretary determines that the 

extension is required to enable the Coast Guard to elimi-
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nate a backlog in processing applications for those licenses or certificates of registry or in response to a national emergency or natural disaster, as deemed necessary by the Secretary; or 

‘‘(2) issue for not more than five years an expiring 

license or certificate of registry issued for an individual 

under chapter 73 for the exclusive purpose of aligning 

the expiration date of such license or certificate of registry with the expiration date of a merchant mariner’s 

document. 

‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwithstanding section 7302(g), the Secretary may— 

‘‘(1) extend for not more than one year an expiring 

merchant mariner’s document issued for an individual 

under chapter 73 if the Secretary determines that the 

extension is required to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry or in response to a national emergency or natural disaster, as deemed necessary by the Secretary; or 

‘‘(2) issue for not more than five years an expiring 

merchant mariner’s document issued for an individual 

under chapter 73 for the exclusive purpose of aligning 

the expiration date of such merchant mariner’s docu-
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ment with the expiration date of a merchant mariner’s 

document. 

‘‘(c) MANNER OF EXTENSION.—Any extensions granted 

under this section may be granted to individual seamen or a 

specifically identified group of seamen.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such 

chapter is amended by adding at the end the following: 

‘‘7507. Authority to extend the duration of licenses, certificates of registry, and 

merchant mariner documents.’’. 

SEC. 616. MERCHANT MARINER ASSISTANCE REPORT. 

Not later than 180 days after the date of enactment of 

this Act, the Commandant of the Coast Guard shall submit 

to the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report regarding the feasibility of— 

(1) expanding the streamlined evaluation process 

program that was affiliated with the Houston Regional 

Examination Center of the Coast Guard to all processing 

centers of the Coast Guard nationwide; 

(2) including proposals to simplify the application 

process for a license as an officer, staff officer, or operator and for a merchant mariner’s document to help 

eliminate errors by merchant mariners when completing 

the application form (CG–719B), including instructions 

attached to the application form and a modified applica-
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tion form for renewals with questions pertaining only to 

the period of time since the previous application; 

(3) providing notice to an applicant of the status of 

the pending application, including a process to allow the 

applicant to check on the status of the application by 

electronic means; and 

(4) ensuring that all information collected with respect to applications for new or renewed licenses, merchant mariner documents, and certificates of registry is 

retained in a secure electronic format. 

SEC. 617. OFFSHORE SUPPLY VESSELS. 

(a) REMOVAL OF TONNAGE LIMITS.— 

(1) DEFINITION.— 

(A) IN GENERAL.—Section 2101(19) of title 

46, United States Code, is amended by striking ‘‘of 

more than 15 gross tons but less than 500 gross 

tons as measured under section 14502 of this title, 

or an alternate tonnage measured under section 

14302 of this title as prescribed by the Secretary 

under section 14104 of this title’’. 

(B) EXEMPTION.—Section 5209(b)(1) of the 

Oceans Act of 1992 (Public Law 102–587; 46 

U.S.C. 2101 note) is amended by striking ‘‘vessel.’’ 

and inserting ‘‘vessel of less than 500 gross tons as 

measured under section 14502, or an alternate ton-
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nage measured under section 14302 of such title as 

prescribed by the Secretary under section 14104 of 

such title.’’. 

(2) APPLICATION.—Section 3702(b) of title 46, 

United States Code, is amended by striking paragraph 

(1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. 

(b) SCALE OF EMPLOYMENT: ABLE SEAMEN.—Section 

7312(d) of title 46, United States Code, is amended to read 

as follows: 

‘‘(d) INDIVIDUALS QUALIFIED AS ABLE SEAMEN.—Offshore supply vessel under section 7310 of this title may constitute all of the able seamen required on board a vessel of 

less than 500 gross tons as measured under section 14502 

of this title or 6,000 gross tons as measured under section 

14302 of this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources. 

Individuals qualified as able seamen—limited under section 

7308 of this title may constitute all of the able seamen required on board a vessel of at least 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as 

measured under section as measured under section 14302 of 

this title as prescribed by the Secretary under section 14104 

of this title engaged in support of exploration, exploitation, 

or production of offshore mineral or energy resources.’’. 
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(c) MINIMUM NUMBER OF LICENSED INDIVIDUALS.— 

Section 8301(b) of title 46, United States Code, is amended 

to read as follows: 

‘‘(b)(1) An offshore supply vessel of less than 500 gross 

tons as measured under section 14502 of this title or 6,000 

gross tons as measured under section 14302 of this title on 

a voyage of less than 600 miles shall have a licensed mate. 

If the vessel is on a voyage of at least 600 miles, however, 

the vessel shall have 2 licensed mates. 

‘‘(2) An offshore supply vessel of at least 6,000 gross 

tons as measured under section 14302 of this title on a voyage of less than 600 miles shall have at least two licensed 

mates, provided the offshore supply vessel meets the requirements of section 8104(g)(2). An offshore supply vessel of at 

least 6,000 gross tons as measured under section 14302 of 

this title on a voyage of at least 600 miles shall have three 

licensed mates. 

‘‘(3) An offshore supply vessel of more than 200 gross 

tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title 

as prescribed by the Secretary under section 14104 of this 

title, may not be operated without a licensed engineer.’’. 

(d) WATCHES.—Section 8104(g) of title 46, United 

States Code, is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 
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(2) by adding at the end the following: 

‘‘(2) Paragraph (1) applies to an offshore supply vessel 

of at least 6,000 gross tons as measured under section 14302 

of this title if the individuals engaged on the vessel are in 

compliance with hours of service requirements (including recording and recordkeeping of that service) as prescribed by 

the Secretary.’’. 

(e) OIL FUEL TANK PROTECTION.— 

(1) APPLICATION.—An offshore supply vessel of at 

least 6,000 gross tons as measured under section 14302 

of title 46, United States Code, that is constructed 

under a contract entered into after the date of enactment of this Act, or that is delivered after August 1, 

2010, with an aggregate capacity of 600 cubic meters or 

more of oil fuel, shall comply with the requirements of 

Regulation 12A under Annex I to the Protocol of 1978 

relating to the International Convention for the Prevention of Pollution from Ships, 1973, entitled Oil Fuel 

Tank Protection, regardless of whether such vessel is engaged in the coastwise trade or on an international voyage. 

(2) DEFINITION.—In this subsection the term ‘‘oil 

fuel’’ means any oil used as fuel in connection with the 

propulsion and auxiliary machinery of the vessel in 

which such oil is carried. 
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(f) REGULATIONS.— 

(1) IN GENERAL.—Not later than January 1, 2012, 

the Secretary of the department in which the Coast 

Guard is operating shall promulgate regulations to implement the amendments and authorities enacted by this 

section for offshore supply vessels of at least 6,000 gross 

tons as measured under section 14302 of title 46, 

United States Code, and to ensure the safe carriage of 

oil, hazardous substances, and individuals in addition to 

the crew on such vessels. The final rule issued pursuant 

to such rulemaking may supersede the interim final rule 

promulgated under paragraph (2) of this subsection. In 

promulgating regulations under this subsection, the Secretary shall take into consideration the characteristics of 

offshore supply vessels, their methods of operation, and 

their service in support of exploration, exploitation, or 

production of offshore mineral or energy resources. 

(2) INTERIM FINAL RULE AUTHORITY.—As soon as 

is practicable and without regard to the provisions of 

chapters 5 and 6 of title 5, United States Code, the Secretary shall issue an interim final rule as a temporary 

regulation implementing this section (including the 

amendments made by this section) for offshore supply 

vessels of at least 6,000 gross tons as measured under 

section 14302 of title 46, United States Code, and to en-
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sure the safe carriage of oil, hazardous substances, and 

individuals in addition to the crew on such vessels. 

(3) INTERIM PERIOD.—After the effective date of 

this Act, prior to the effective date of the regulations 

prescribed by paragraph (2) of this subsection, and without regard to the provisions of chapters 5 and 6 of title 

5, United States Code, and the offshore supply vessel 

tonnage limits of applicable regulations and policy guidance promulgated prior to the date of enactment of this 

Act, the Secretary of the department in which the Coast 

Guard is operating may— 

(A) issue a certificate of inspection under section 3309 of title 46, United States Code, to an offshore supply vessel of at least 6,000 gross tons as 

measured under section 14302 of that title if the 

Secretary determines that such vessel’s arrangements and equipment meet the current Coast Guard 

requirements for certification as a cargo and miscellaneous vessel; 

(B) authorize a master, mate, or engineer who 

possesses an ocean or near coastal license and endorsement under part 11 of subchapter B of title 

46, Code of Federal Regulations, (or any successor 

regulation) that qualifies the licensed officer for 

service on offshore supply vessels of at least 3,000 
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gross tons but less than 6,000 gross tons, as measured under section 14302 of title 46, United States 

Code, to operate offshore supply vessels of at least 

6,000 gross tons, as measured under such section; 

and 

(C) authorize any such master, mate, or engineer who also possesses an ocean or near coastal license and endorsement under such part that qualifies the licensed officer for service on non trade-restricted vessels of at least 1,600 gross tons but less 

than 3,000 gross tons, as measured under such section, to increase the tonnage limitation of such license and endorsement under section 402(c) of such 

part, using service on vessels certificated under both 

subchapters I and L of such title and measured 

only under such section, except that such tonnage 

limitation shall not exceed 10,000 gross tons as 

measured under such section. 

SEC. 618. ASSOCIATED EQUIPMENT. 

Section 2101(1)(B) of title 46, United States Code, is 

amended by inserting ‘‘with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea 

of the United States is measured or beyond 3 nautical miles 

from the coastline of the Great Lake,’’ before ‘‘does’’. 
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SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS. 

Section 4102(b) of title 46, United States Code, is 

amended to read as follows: 

‘‘(b) The Secretary shall prescribe regulations requiring 

the installation, maintenance, and use of life preservers and 

other lifesaving devices for individuals on board uninspected 

vessels.’’. 

SEC. 620. STUDY OF BLENDED FUELS IN MARINE APPLICATION. 

(a) SURVEY.— 

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

the date of enactment of this Act, the Secretary of 

Homeland Security, acting through the Commandant of 

the Coast Guard, shall submit a survey of published data 

and reports, pertaining to the use, safety, and performance of blended fuels in marine applications, to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committees on Commerce, Science, and Transportation of the Senate. 

(2) INCLUDED INFORMATION.—To the extent possible, the survey required in subsection (a), shall include 

data and reports on— 

(A) the impact of blended fuel on the operation, durability, and performance of recreational 

and commercial marine engines, vessels, and marine 

engine and vessel components and associated equipment; 
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(B) the safety impacts of blended fuels on consumers that own and operate recreational and commercial marine engines and marine engine components and associated equipment; and 

(C) to the extent available, fires and explosions 

on board vessels propelled by engines using blended 

fuels. 

(b) STUDY.— 

(1) IN GENERAL.—Not later than 36 months after 

the date of enactment of this Act, the Secretary, acting 

through the Commandant, shall conduct a comprehensive study on the use, safety, and performance of blended fuels in marine applications. The Secretary is authorized to conduct such study in conjunction with— 

(A) any other Federal agency; 

(B) any State government or agency; 

(C) any local government or agency, including 

local police and fire departments; and 

(D) any private entity, including engine and 

vessel manufacturers. 

(2) EVALUATION.—The study shall include an evaluation of— 

(A) the impact of blended fuel on the operation, durability and performance of recreational 

and commercial marine engines, vessels, and marine 
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engine and vessel components and associated equipment; 

(B) the safety impacts of blended fuels on consumers that own and operate recreational and commercial marine engines and marine engine components and associated equipment; and 

(C) fires and explosions on board vessels propelled by engines using blended fuels. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of Homeland Security to carry out the survey and study under this section 

$1,000,000. 

SEC. 621. RENEWAL OF ADVISORY COMMITTEES. 

(a) GREAT LAKES PILOTAGE ADVISORY COMMITTEE.— 

Section 9307(f)(1) of title 46, United States Code, is amended by striking ‘‘September 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 

(b) NATIONAL BOATING SAFETY ADVISORY COUNCIL.— 

Section 13110 of title 46, United States Code, is amended— 

(1) in subsection (d), by striking the first sentence; 

and 

(2) in subsection (e), by striking ‘‘September 30, 

2010.’’ and inserting ‘‘September 30, 2020.’’. 

(c) HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.—Section 18(h) of the Coast Guard Au-
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thorization Act of 1991 (Public Law 102–241 as amended by 

Public Law 104–324) is amended by striking ‘‘September 30, 

2010.’’ and inserting ‘‘September 30, 2020.’’. 

(d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY ADVISORY COMMITTEE.—Section 19 of the Coast Guard Authorization Act of 1991 (Public Law 102–241) is amended— 

(1) in subsection (b)— 

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

striking ‘‘twenty-four’’ and inserting ‘‘twenty-five’’; 

and 

(B) by adding at the end the following new 

paragraph: 

‘‘(12) One member representing the Associated 

Federal Pilots and Docking Masters of Louisiana.’’; and 

(2) in subsection (g), by striking ‘‘September 30, 

2010.’’ and inserting ‘‘September 30, 2020.’’. 

(e) TOWING SAFETY ADVISORY COMMITTEE.—The Act 

entitled ‘‘An Act To establish a Towing Safety Advisory Committee in the Department of Transportation’’, approved October 6, 1980, (33 U.S.C. 1231a) is amended— 

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

‘‘(a) There is established a Towing Safety Advisory 

Committee (hereinafter referred to as the ‘Committee’). The 

Committee shall consist of eighteen members with particular 
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expertise, knowledge, and experience regarding shallow-draft 

inland and coastal waterway navigation and towing safety as 

follows: 

‘‘(1) Seven members representing the barge and 

towing industry, reflecting a regional geographic balance. 

‘‘(2) One member representing the offshore mineral 

and oil supply vessel industry. 

‘‘(3) One member representing holders of active licensed Masters or Pilots of towing vessels with experience on the Western Rivers and the Gulf Intracoastal 

Waterway. 

‘‘(4) One member representing the holders of active 

licensed Masters of towing vessels in offshore service. 

‘‘(5) One member representing Masters who are active ship-docking or harbor towing vessel. 

‘‘(6) One member representing licensed or unlicensed towing vessel engineers with formal training and 

experience. 

‘‘(7) Two members representing each of the following groups: 

‘‘(A) Port districts, authorities, or terminal operators. 

‘‘(B) Shippers (of whom at least one shall be 

engaged in the shipment of oil or hazardous materials by barge). 
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‘‘(8) Two members representing the general public.’’; and 

(2) in subsection (e), by striking ‘‘September 30, 

2010.’’ and inserting ‘‘September 30, 2020.’’. 

(f) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 

5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 

2073) is amended— 

(1) by striking subsections (a) and (b) and inserting 

the following: 

‘‘(a) ESTABLISHMENT OF COUNCIL.— 

‘‘(1) IN GENERAL.—The Secretary of the department in which the Coast Guard is operating shall establish a Navigation Safety Advisory Council (hereinafter 

referred to as the ‘Council’), consisting of not more than 

21 members. All members shall have expertise in Inland 

and International vessel navigation Rules of the Road, 

aids to maritime navigation, maritime law, vessel safety, 

port safety, or commercial diving safety. Upon appointment, all non-Federal members shall be designated as 

representative members to represent the viewpoints and 

interests of one of the following groups or organizations: 

‘‘(A) Commercial vessel owners or operators. 

‘‘(B) Professional mariners. 

‘‘(C) Recreational boaters. 

‘‘(D) The recreational boating industry. 
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‘‘(E) State agencies responsible for vessel or 

port safety. 

‘‘(F) The Maritime Law Association. 

‘‘(2) PANELS.—Additional persons may be appointed to panels of the Council to assist the Council in 

performance of its functions. 

‘‘(3) NOMINATIONS.—The Secretary, through the 

Coast Guard Commandant, shall not less often than 

once a year publish a notice in the Federal Register soliciting nominations for membership on the Council. 

‘‘(b) FUNCTIONS.—The Council shall advise, consult 

with, and make recommendations to the Secretary, through 

the Coast Guard Commandant, on matters relating to maritime collisions, rammings, groundings, Inland Rules of the 

Road, International Rules of the Road, navigation regulations 

and equipment, routing measures, marine information, diving 

safety, and aids to navigation systems. Any advice and recommendations made by the Council to the Secretary shall reflect the independent judgment of the Council on the matter 

concerned. The Council shall meet at the call of the Coast 

Guard Commandant, but in any event not less than twice 

during each calendar year. All proceedings of the Council 

shall be public, and a record of the proceedings shall be made 

available for public inspection.’’; and 
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(2) in subsection (d), by striking ‘‘September 30, 

2010.’’ and inserting ‘‘September 30, 2020.’’. 

(g) DELAWARE RIVER AND BAY OIL SPILL ADVISORY

COMMITTEE.— 

(1) IN GENERAL.—Section 607 of the Coast Guard 

and Maritime Transportation Act of 2006 (Public Law 

109–241; 120 Stat. 556) is amended— 

(A) in subsection (c)(2), by striking ‘‘Not later 

than 18 months after the date that the Commandant completes appointment of the members of 

the Committee,’’ and inserting ‘‘Not later than December 31, 2010,’’; 

(B) in subsection (h), by striking ‘‘2007’’ and 

inserting ‘‘2011’’; and 

(C) by striking subsection (i) and inserting the 

following: 

‘‘(i) TERMINATION.—The Committee shall terminate 30 

days after it transmits its report, pursuant to subsection 

(c)(2), but no later than December 31, 2010, whichever is 

earlier.’’. 

(2) EFFECTIVE DATE.—The amendments made by 

this subsection are deemed to have taken effect as if 

they were enacted on July 11, 2006. 

(3) CHARTER.—Any charter pertaining to the Delaware River and Bay Oil Spill Advisory Committee is 
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deemed not to have lapsed, and to have remained in effect, and, notwithstanding any other provision of law or 

policy, shall terminate 30 days after the date the Committee transmits its report, pursuant to section 

607(c)(2) of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241; 120 Stat. 

557), but not later than December 31, 2010, whichever 

is earlier. 

(4) APPOINTMENTS TO COMMITTEE.—Any appointment to the Delaware River and Bay Oil Spill Advisory 

Committee is deemed not to have lapsed, and to have remained in effect, and, notwithstanding any other provision of law or policy, shall terminate 30 days after the 

Committee transmits its report, pursuant to section 

607(c)(2) of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241; 120 Stat. 

557), but not later than December 31, 2010, whichever 

is earlier. 

SEC. 622. DELEGATION OF AUTHORITY. 

(a) IN GENERAL.—Section 3316 of title 46, United 

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

new subsection: 

‘‘(d)(1) The Secretary may delegate to the American Bureau of Shipping or another classification society recognized 

by the Secretary as meeting acceptable standards for such a 
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society, for a United States offshore facility, the authority 

to— 

‘‘(A) review and approve plans required for issuing 

a certificate of inspection, a certificate of compliance, or 

any other certification and related documents issued by 

the Coast Guard pursuant to regulations issued under 

section 30 of the Outer Continental Shelf Lands Act (43 

U.S.C. 1356); and 

‘‘(B) conduct inspections and examinations. 

‘‘(2) The Secretary may make a delegation under paragraph (1) to a foreign classification society only if— 

‘‘(A) the foreign society has offices and maintains 

records in the United States; and 

‘‘(B)(i) the government of the foreign country in 

which the foreign society is headquartered delegates that 

authority to the American Bureau of Shipping; or 

‘‘(ii) the Secretary has entered into an agreement 

with the government of the foreign country in which the 

foreign society is headquartered that— 

‘‘(I) ensures the government of the foreign 

country will accept plan review, inspections, or examinations conducted by the American Bureau of 

Shipping and provide equivalent access to inspect, 

certify, and provide related services to offshore fa-
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cilities located in that country or operating under 

the authority of that country; and 

‘‘(II) is in full accord with principles of reciprocity in regards to any delegation contemplated 

by the Secretary under paragraph (1). 

‘‘(3) If an inspection or examination is conducted under 

authority delegated under this subsection, the person to 

which the authority was delegated— 

‘‘(A) shall maintain in the United States complete 

files of all information derived from or necessarily connected with the inspection or examination for at least 2 

years after the United States offshore facility ceases to 

be certified; and 

‘‘(B) shall permit access to those files at all reasonable times to any officer, employee, or member of the 

Coast Guard designated— 

‘‘(i) as a marine inspector and serving in a position as a marine inspector; or 

‘‘(ii) in writing by the Secretary to have access 

to those files. 

‘‘(4) For purposes of this subsection— 

‘‘(A) the term ‘offshore facility’ means any installation, structure, or other device (including any vessel not 

documented under chapter 121 of this title or the laws 

of another country), fixed or floating, that dynamically 
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holds position or is temporarily or permanently attached 

to the seabed or subsoil under the sea; and 

‘‘(B) the term ‘United States offshore facility’ 

means any offshore facility, fixed or floating, that dynamically holds position or is temporarily or permanently 

attached to the seabed or subsoil under the territorial 

sea of the United States or the outer Continental Shelf 

(as that term is defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)), including any 

vessel, rig, platform, or other vehicle or structure subject 

to regulation under section 30 of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1356).’’. 

(b) REVIEW AND APPROVAL OF CLASSIFICATION SOCIETY REQUIRED.—Section 3316(c) of title 46, United States 

Code, is amended by striking so much as precedes paragraph 

(2) and inserting the following: 

‘‘(c)(1) A classification society (including an employee or 

agent of that society) may not review, examine, survey, or 

certify the construction, repair, or alteration of a vessel in the 

United States unless the society has applied for approval 

under this subsection and the Secretary has reviewed and approved that society with respect to the conduct of that society 

under paragraph (2).’’. 
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TITLE VII—OIL POLLUTION 

PREVENTION 

SEC. 701. RULEMAKINGS. 

(a) STATUS REPORT.— 

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

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

provide a report to the Senate Committee on Commerce, 

Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the status of all Coast Guard rulemakings 

required or otherwise being developed (but for which no 

final rule has been issued as of the date of enactment 

of this Act) under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321). 

(2) INFORMATION REQUIRED.—The Secretary shall 

include in the report required in paragraph (1)— 

(A) a detailed explanation with respect to each 

such rulemaking as to— 

(i) what steps have been completed; 

(ii) what areas remain to be addressed; 

and 

(iii) the cause of any delays; and 

(B) the date by which a final rule may reasonably be expected to be issued. 
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(b) FINAL RULES.—The Secretary shall issue a final 

rule in each pending rulemaking described in subsection (a) 

as soon as practicable, but in no event later than 18 months 

after the date of enactment of this Act. 

(c) TOWING VESSELS.—No later than 90 days after the 

date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking regarding inspection requirements for towing vessels required under section 3306(j) of 

title 46, United States Code. The Secretary shall issue a final 

rule pursuant to that rulemaking no later than 1 year after 

the date of enactment of this Act. 

SEC. 702. OIL TRANSFERS FROM VESSELS. 

(a) REGULATIONS.—Within 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations to reduce the risks of oil spills in operations involving 

the transfer of oil from or to a tank vessel. The regulations— 

(1) shall focus on operations that have the highest 

risks of discharge, including operations at night and in 

inclement weather; 

(2) shall consider— 

(A) requirements for the use of equipment, 

such as putting booms in place for transfers, safety, 

and environmental impacts; 
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(B) operational procedures such as manning 

standards, communications protocols, and restrictions on operations in high-risk areas; or 

(C) both such requirements and operational 

procedures; and 

(3) shall take into account the safety of personnel 

and effectiveness of available procedures and equipment 

for preventing or mitigating transfer spills. 

(b) APPLICATION WITH STATE LAWS.—The regulations 

promulgated under subsection (a) do not preclude the enforcement of any State law or regulation the requirements of 

which are at least as stringent as requirements under the 

regulations (as determined by the Secretary) that— 

(1) applies in State waters; and 

(2) does not conflict with, or interfere with the enforcement of, requirements and operational procedures 

under the regulations. 

SEC. 703. IMPROVEMENTS TO REDUCE HUMAN ERROR AND 

NEAR MISS INCIDENTS. 

(a) REPORT.—Within 1 year after the date of enactment 

of this Act, the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation 

and the House Committee on Transportation and Infrastructure that, using available data— 
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(1) identifies the types of human errors that, combined, could cause oil spills, with particular attention to 

human error caused by fatigue, in the past 10 years; 

(2) in consultation with representatives of industry 

and labor and experts in the fields of marine casualties 

and human factors, identifies the most frequent types of 

near-miss oil spill incidents involving vessels such as collisions, allisions, groundings, and loss of propulsion in 

the past 10 years; 

(3) describes the extent to which there are gaps in 

the data required under paragraphs (1) and (2), including gaps in the ability to define and identify fatigue, and 

explains the reason for those gaps; and 

(4) includes recommendations by the Secretary and 

representatives of industry and labor and experts in the 

fields of marine casualties and human factors to address 

the identified types of errors and any such gaps in the 

data. 

(b) MEASURES.—Based on the findings contained in the 

report required by subsection (a), the Secretary shall take appropriate action to reduce the risk of oil spills caused by 

human error. 

(c) CONFIDENTIALITY OF VOLUNTARILY SUBMITTED INFORMATION.—The identity of a person making a voluntary 

disclosure under this section, and any information obtained 
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from any such voluntary disclosure, shall be treated as confidential. 

(d) DISCOVERY OF VOLUNTARILY SUBMITTED INFORMATION.— 

(1) IN GENERAL.—Except as provided in this subsection, a party in a judicial proceeding may not use discovery to obtain information or data collected or received 

by the Secretary for use in the report required in subsection (a). 

(2) EXCEPTION.— 

(A) Notwithstanding paragraph (1), a court 

may allow discovery by a party in a judicial proceeding of data described in paragraph (1) if, after 

an in camera review of the information or data, the 

court decides that there is a compelling reason to 

allow the discovery. 

(B) When a court allows discovery in a judicial 

proceeding as permitted under this paragraph, the 

court shall issue a protective order— 

(i) to limit the use of the data to the judicial proceeding; and 

(ii) to prohibit dissemination of the data 

to any person who does not need access to the 

data for the proceeding. 
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(C) A court may allow data it has decided is 

discoverable under this paragraph to be admitted 

into evidence in a judicial proceeding only if the 

court places the data under seal to prevent the use 

of the data for a purpose other than for the proceeding. 

(3) APPLICATION.—Paragraph (1) shall not apply 

to— 

(A) any disclosure made with actual knowledge 

that the disclosure was false, inaccurate, or misleading; or 

(B) any disclosure made with reckless disregard as to the truth or falsity of that disclosure. 

(e) RESTRICTION ON USE OF DATA.—Data that is voluntarily submitted for the purpose of the study required 

under subsection (a) shall not be used in an administrative 

action under chapter 77 of title 46, United States Code. 

SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY. 

The Secretary of the Department in which the Coast 

Guard is operating and the Under Secretary of Commerce for 

Oceans and Atmosphere shall revise the area to be avoided 

off the coast of the State of Washington so that restrictions 

apply to all vessels required to prepare a response plan pursuant to section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) (other than fishing or research 
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vessels while engaged in fishing or research within the area 

to be avoided). 

SEC. 705. PREVENTION OF SMALL OIL SPILLS. 

(a) PREVENTION AND EDUCATION PROGRAM.—The 

Under Secretary of Commerce for Oceans and Atmosphere, 

in consultation with the Secretary of the Department in 

which the Coast Guard is operating and other appropriate 

agencies, shall establish an oil spill prevention and education 

program for small vessels. The program shall provide for assessment, outreach, and training and voluntary compliance 

activities to prevent and improve the effective response to oil 

spills from vessels and facilities not required to prepare a vessel response plan under the Federal Water Pollution Control 

Act (33 U.S.C. 1251 et seq.), including recreational vessels, 

commercial fishing vessels, marinas, and aquaculture facilities. The Under Secretary may provide grants to sea grant 

colleges and institutes designated under section 207 of the 

National Sea Grant College Program Act (33 U.S.C. 1126) 

and to State agencies, tribal governments, and other appropriate entities to carry out— 

(1) regional assessments to quantify the source, incidence and volume of small oil spills, focusing initially 

on regions in the country where, in the past 10 years, 

the incidence of such spills is estimated to be the highest; 
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(2) voluntary, incentive-based clean marina programs that encourage marina operators, recreational 

boaters, and small commercial vessel operators to engage 

in environmentally sound operating and maintenance 

procedures and best management practices to prevent or 

reduce pollution from oil spills and other sources; 

(3) cooperative oil spill prevention education programs that promote public understanding of the impacts 

of spilled oil and provide useful information and techniques to minimize pollution, including methods to remove oil and reduce oil contamination of bilge water, 

prevent accidental spills during maintenance and refueling and properly cleanup and dispose of oil and hazardous substances; and 

(4) support for programs, including outreach and 

education to address derelict vessels and the threat of 

such vessels sinking and discharging oil and other hazardous substances, including outreach and education to 

involve efforts to the owners of such vessels. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Under Secretary of 

Commerce for Oceans and Atmosphere to carry out this section, $10,000,000 for each of fiscal years 2010 through 2014. 
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SEC. 706. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS. 

(a) IN GENERAL.—Within 6 months after the date of 

enactment of this Act, the Secretary of the Department in 

which the Coast Guard is operating shall complete the development of a tribal consultation policy, which recognizes and 

protects to the maximum extent practicable tribal treaty 

rights and trust assets in order to improve the Coast Guard’s 

consultation and coordination with the tribal governments of 

federally recognized Indian tribes with respect to oil spill prevention, preparedness, response and natural resource damage 

assessment. 

(b) INCLUSION OF TRIBAL GOVERNMENT.—The Secretary of the Department in which the Coast Guard is operating shall ensure that, as soon as practicable after identifying an oil spill that is likely to have a significant impact 

on natural or cultural resources owned or directly utilized by 

a federally recognized Indian tribe, the Coast Guard will— 

(1) ensure that representatives of the tribal government of the affected tribes are included as part of the 

incident command system established by the Coast 

Guard to respond to the spill; 

(2) share information about the oil spill with the 

tribal government of the affected tribe; and 

(3) to the extent practicable, involve tribal governments in deciding how to respond to the spill. 
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(c) COOPERATIVE ARRANGEMENTS.—The Coast Guard 

may enter into memoranda of agreement and associated protocols with Indian tribal governments in order to establish cooperative arrangements for oil pollution prevention, preparedness, and response. Such memoranda may be entered into 

prior to the development of the tribal consultation and coordination policy to provide Indian tribes grant and contract assistance. Such memoranda of agreement and associated protocols with Indian tribal governments may include— 

(1) arrangements for the assistance of the tribal 

government to participate in the development of the National Contingency Plan and local Area Contingency 

Plans to the extent they affect tribal lands, cultural and 

natural resources; 

(2) arrangements for the assistance of the tribal 

government to develop the capacity to implement the 

National Contingency Plan and local Area Contingency 

Plans to the extent they affect tribal lands, cultural and 

natural resources; 

(3) provisions on coordination in the event of a 

spill, including agreements that representatives of the 

tribal government will be included as part of the regional 

response team co-chaired by the Coast Guard and the 

Environmental Protection Agency to establish policies 

for responding to oil spills; 
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(4) arrangements for the Coast Guard to provide 

training of tribal incident commanders and spill responders for oil spill preparedness and response; 

(5) demonstration projects to assist tribal governments in building the capacity to protect tribal treaty 

rights and trust assets from oil spills; and 

(6) such additional measures the Coast Guard determines to be necessary for oil pollution prevention, preparedness, and response. 

(d) FUNDING FOR TRIBAL PARTICIPATION.—Subject to 

the availability of appropriations, the Commandant of the 

Coast Guard shall provide assistance to participating tribal 

governments in order to facilitate the implementation of cooperative arrangements under subsection (c) and ensure the 

participation of tribal governments in such arrangements. 

There are authorized to be appropriated to the Commandant 

$500,000 for each of fiscal years 2010 through 2014 to be 

used to carry out this section. 

SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS OF OIL. 

Within 1 year after the date of enactment of this Act, 

the Secretary of the Department in which the Coast Guard 

is operating shall submit a report to the Senate Committee 

on Commerce, Science, and Transportation and the House of 

Representatives Committee on Transportation and Infra-
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structure on the availability, feasibility, and potential cost of 

technology to detect the loss of oil carried as cargo or as fuel 

on tank and non-tank vessels greater than 400 gross tons. 

SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND. 

(a) IN GENERAL.—Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)) is amended— 

(1) by redesignating subparagraphs (B) and (C) as 

subparagraphs (C) and (D), respectively; and 

(2) by inserting after subparagraph (A) the following: 

‘‘(B) not more than $15,000,000 in each fiscal 

year shall be available to the Under Secretary of 

Commerce for Oceans and Atmosphere for expenses 

incurred by, and activities related to, response and 

damage assessment capabilities of the National Oceanic and Atmospheric Administration;’’. 

(b) AUDITS; ANNUAL REPORTS.—Section 1012 of the 

Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended— 

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

‘‘(g) AUDITS.— 

‘‘(1) IN GENERAL.—The Comptroller General of the 

United States shall conduct an audit, including a detailed accounting of each disbursement from the Fund in 

excess of $500,000 that is— 
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‘‘(A) disbursed by the National Pollution Fund 

Center and not reimbursed by the responsible party; 

and 

‘‘(B) administered and managed by the receiving Federal agencies, including final payments 

made to agencies and contractors and, to the extent 

possible, subcontractors. 

‘‘(2) FREQUENCY.—The audits shall be conducted— 

‘‘(A) at least once every 3 years after the date 

of enactment of the Coast Guard Authorization Act 

of 2010 until 2016; and 

‘‘(B) at least once every 5 years after the last 

audit conducted under subparagraph (A). 

‘‘(3) SUBMISSION OF RESULTS.—The Comptroller 

shall submit the results of each audit conducted under 

paragraph (1) to— 

‘‘(A) the Senate Committee on Commerce, 

Science, and Transportation; 

‘‘(B) the House of Representatives Committee 

on Transportation and Infrastructure; and 

‘‘(C) the Secretary or Administrator of each 

agency referred to in paragraph (1)(B).’’; and 

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

‘‘(l) REPORTS.— 
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‘‘(1) IN GENERAL.—Within one year after the date 

of enactment of the Coast Guard Authorization Act of 

2010, and annually thereafter, the President, through 

the Secretary of the Department in which the Coast 

Guard is operating, shall— 

‘‘(A) provide a report on disbursements for the 

preceding fiscal year from the Fund, regardless of 

whether those disbursements were subject to annual 

appropriations, to— 

‘‘(i) the Senate Committee on Commerce, 

Science, and Transportation; and 

‘‘(ii) the House of Representatives Committee on Transportation and Infrastructure; 

and 

‘‘(B) make the report available to the public on 

the National Pollution Funds Center Internet 

website. 

‘‘(2) CONTENTS.—The report shall include— 

‘‘(A) a list of each disbursement of $250,000 

or more from the Fund during the preceding fiscal 

year; and 

‘‘(B) a description of how each such use of the 

Fund meets the requirements of subsection (a). 

‘‘(3) AGENCY RECORDKEEPING.—Each Federal 

agency that receives amounts from the Fund shall main-
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tain records describing the purposes for which such 

funds were obligated or expended in such detail as the 

Secretary may require for purposes of the report required under paragraph (1).’’. 

SEC. 709. INTERNATIONAL EFFORTS ON ENFORCEMENT. 

The Secretary of the department in which the Coast 

Guard is operating, in consultation with the heads of other 

appropriate Federal agencies, shall ensure that the Coast 

Guard pursues stronger enforcement in the International 

Maritime Organization of agreements related to oil discharges, including joint enforcement operations, training, and 

stronger compliance mechanisms. 

SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE. 

(a) IN GENERAL.—Within 1 year after the date of enactment of this Act, the Commandant shall initiate a rulemaking proceeding to modify the definition of the term 

‘‘higher volume port area’’ in section 155.1020 of the Coast 

Guard regulations (33 C.F.R. 155.1020) by striking ‘‘Port 

Angeles, WA’’ in paragraph (13) of that section and inserting 

‘‘Cape Flattery, WA’’. 

(b) VESSEL RESPONSE PLAN REVIEWS.—Within 5 years 

after the date of enactment of this Act, the Coast Guard shall 

complete its review of any changes to vessel response plans 

under the Federal Water Pollution Control Act (33 U.S.C. 
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1251 et seq.) resulting from the modification of the higher 

volume port area definition required by subsection (a). 

SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS. 

(a) COMPARABILITY ANALYSIS.— 

(1) IN GENERAL.—Within 1 year after the date of 

enactment of this Act, the Commandant, in consultation 

with the Secretary of State, is strongly encouraged to 

enter into negotiations with the Government of Canada 

to update the comparability analysis which serves as the 

basis for the Cooperative Vessel Traffic Service agreement between the United States and Canada for the 

management of maritime traffic in Puget Sound, the 

Strait of Georgia, Haro Strait, Rosario Strait, and the 

Strait of Juan de Fuca. The updated analysis shall, at 

a minimum, consider— 

(A) requirements for laden tank vessels to be 

escorted by tug boats; 

(B) vessel emergency response towing capability at the entrance to the Strait of Juan de Fuca; 

and 

(C) spill response capability throughout the 

shared water, including oil spill response planning 

requirements for vessels bound for one nation 

transiting through the waters of the other nation. 
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(2) CONSULTATION REQUIREMENT.—In conducting 

the analysis required under this subsection, the Commandant shall consult with the State of Washington and 

affected tribal governments. 

(3) RECOMMENDATIONS.—Within 18 months after 

the date of enactment of this Act, the Commandant shall 

submit recommendations based on the analysis required 

under this subsection to the Senate Committee on Commerce, Science, and Transportation and the House of 

Representatives Committee on Transportation and Infrastructure. The recommendations shall consider a full 

range of options for the management of maritime traffic, 

including Federal legislation, promulgation of Federal 

rules, and the establishment of cooperative agreements 

for shared funding of spill prevention and response systems. 

(b) DUAL ESCORT VESSELS FOR DOUBLE HULLED

TANKERS IN PRINCE WILLIAM SOUND, ALASKA.— 

(1) IN GENERAL.—Section 4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note) is amended— 

(A) by striking ‘‘Not later than 6 months after 

the date of the enactment of this Act, the’’ and inserting ‘‘(1) IN GENERAL.—The’’; and 

(B) by adding at the end the following: 

‘‘(2) PRINCE WILLIAM SOUND, ALASKA.— 
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‘‘(A) IN GENERAL.—The requirement in paragraph (1) relating to single hulled tankers in Prince 

William Sound, Alaska, described in that paragraph 

being escorted by at least 2 towing vessels or other 

vessels considered to be appropriate by the Secretary (including regulations promulgated in accordance with section 3703(a)(3) of title 46, United 

States Code, as set forth in part 168 of title 33, 

Code of Federal Regulations (as in effect on March 

1, 2009) implementing this subsection with respect 

to those tankers) shall apply to double hulled tankers over 5,000 gross tons transporting oil in bulk in 

Prince William Sound, Alaska. 

‘‘(B) IMPLEMENTATION OF REQUIREMENTS.— 

The Secretary of the department in which the Coast 

Guard is operating shall prescribe interim final regulations to carry out subparagraph (A) as soon as 

practicable without notice and hearing pursuant to 

section 553 of title 5 of the United States Code.’’. 

(2) EFFECTIVE DATE.—The amendments made by 

subsection (b) take effect on the date that is 90 days 

after the date of enactment of this Act. 

(c) PRESERVATION OF STATE AUTHORITY.—Nothing in 

this Act or in any other provision of Federal law related to 

the regulation of maritime transportation of oil shall affect, 
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or be construed or interpreted as preempting, the authority 

of any State or political subdivision thereof which require the 

escort by one or more tugs of laden oil tankers in the areas 

which are specified in section 4116(c) of the Oil Pollution Act 

of 1990 (46 U.S.C. 3703 note). 

(d) VESSEL TRAFFIC RISK ASSESSMENT.— 

(1) REQUIREMENT.—The Commandant of the 

Coast Guard, acting through the appropriate Area Committee established under section 311(j)(4) of the Federal 

Water Pollution Control Act, shall prepare a vessel traffic risk assessment for Cook Inlet, Alaska, within 1 year 

after the date of enactment of this Act. 

(2) CONTENTS.—The assessment shall describe, for 

the region covered by the assessment— 

(A) the amount and character of present and 

estimated future shipping traffic in the region; and 

(B) the current and projected use and effectiveness in reducing risk, of— 

(i) traffic separation schemes and routing 

measures; 

(ii) long-range vessel tracking systems developed under section 70115 of title 46, United 

States Code; 

(iii) towing, response, or escort tugs; 

(iv) vessel traffic services; 
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(v) emergency towing packages on vessels; 

(vi) increased spill response equipment including equipment appropriate for severe 

weather and sea conditions; 

(vii) the Automatic Identification System 

developed under section 70114 of title 46, 

United States Code; 

(viii) particularly sensitive sea areas, areas 

to be avoided, and other traffic exclusion zones; 

(ix) aids to navigation; and 

(x) vessel response plans. 

(3) RECOMMENDATIONS.— 

(A) IN GENERAL.—The assessment shall include any appropriate recommendations to enhance 

the safety, or lessen potential adverse environmental 

impacts, of marine shipping. 

(B) CONSULTATION.—Before making any recommendations under paragraph (1) for a region, 

the Area Committee shall consult with affected 

local, State, and Federal government agencies, representatives of the fishing industry, Alaska Natives 

from the region, the conservation community, and 

the merchant shipping and oil transportation industries. 
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(4) PROVISION TO CONGRESS.—The Commandant 

shall provide a copy of the assessment to the Committee 

on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate. 

SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY. 

Section 1016(a) of the Oil Pollution Act of 1990 (33 

U.S.C. 2716(a)) is amended— 

(1) by striking ‘‘or’’ after the semicolon in paragraph (1); 

(2) by inserting ‘‘or’’ after the semicolon in paragraph (2); and 

(3) by inserting after paragraph (2) the following: 

‘‘(3) any tank vessel over 100 gross tons using any 

place subject to the jurisdiction of the United States;’’. 

SEC. 713. LIABILITY FOR USE OF SINGLE-HULL VESSELS. 

Section 1001(32)(A) of the Oil Pollution Act of 1990 

(33 U.S.C. 2701(32)(A)) is amended by inserting ‘‘In the 

case of a vessel, the term ‘responsible party’ also includes the 

owner of oil being transported in a tank vessel with a single 

hull after December 31, 2010 (other than a vessel described 

in section 3703a(b)(3) of title 46, United States Code).’’ 

after ‘‘vessel.’’. 
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TITLE VIII—PORT SECURITY 

SEC. 801. AMERICA’S WATERWAY WATCH PROGRAM. 

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

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

‘‘§ 70122. Waterway watch program 

‘‘(a) PROGRAM ESTABLISHED.—There is hereby established, within the Coast Guard, the America’s Waterway 

Watch Program. 

‘‘(b) PURPOSE.—The Secretary shall administer the Program in a manner that promotes voluntary reporting of activities that may indicate that a person or persons may be 

preparing to engage or engaging in a violation of law relating 

to a threat or an act of terrorism (as that term is defined 

in section 3077 of title 18) against a vessel, facility, port, or 

waterway. 

‘‘(c) INFORMATION; TRAINING.— 

‘‘(1) INFORMATION.—The Secretary may establish, 

as an element of the Program, a network of individuals 

and community-based organizations that encourage the 

public and industry to recognize activities referred to in 

subsection (b), promote voluntary reporting of such activity, and enhance the situational awareness within the 

Nation’s ports and waterways. Such network shall, to 
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the extent practicable, be conducted in cooperation with 

Federal, State, and local law enforcement agencies. 

‘‘(2) TRAINING.—The Secretary may provide training in— 

‘‘(A) observing and reporting on covered activities; and 

‘‘(B) sharing such reports and coordinating the 

response by Federal, State, and local law enforcement agencies. 

‘‘(d) VOLUNTARY PARTICIPATION.—Participation in the 

Program— 

‘‘(1) shall be wholly voluntary; 

‘‘(2) shall not be a prerequisite to eligibility for, or 

receipt of, any other service or assistance from, or to 

participation in, any other program of any kind; and 

‘‘(3) shall not require disclosure of information regarding the individual reporting covered activities or, for 

proprietary purposes, the location of such individual. 

‘‘(e) COORDINATION.—The Secretary shall coordinate 

the Program with other like watch programs. The Secretary 

shall submit, concurrent with the President’s budget submission for each fiscal year, a report on coordination of the Program and like watch programs within the Department of 

Homeland Security to the Committee on Commerce, Science, 
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and Transportation of the Senate and the Committee on 

Homeland Security of the House of Representatives. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated for the purposes of this section 

$3,000,000 for each of fiscal years 2011 through 2016. Such 

funds shall remain available until expended.’’. 

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

chapter 701 of title 46, United States Code, is amended by 

inserting after the item relating to section 70121 the following: 

‘‘70122. Waterway watch program.’’. 

SEC. 802. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL. 

(a) IN GENERAL.—Not later than 120 days after completing the pilot program under section 70105(k)(1) of title 

46, United States Code, to test TWIC access control technologies at port facilities and vessels nationwide, the Secretary of Homeland Security shall submit to the Committee 

on Homeland Security and the Committee on Transportation 

and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and to the Comptroller General a report containing an 

assessment of the results of the pilot. The report shall include— 
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(1) the findings of the pilot program with respect 

to key technical and operational aspects of implementing 

TWIC technologies in the maritime sector; 

(2) a comprehensive listing of the extent to which 

established metrics were achieved during the pilot program; and 

(3) an analysis of the viability of those technologies 

for use in the maritime environment, including any challenges to implementing those technologies and strategies 

for mitigating identified challenges. 

(b) GAO ASSESSMENT.—The Comptroller General shall 

review the report and submit to the Committee on Homeland 

Security and the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an assessment of the report’s findings and recommendations. 

SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY. 

Section 70107A(b) of title 46, United States Code, is 

amended— 

(1) by striking paragraph (3); 

(2) by redesignating paragraphs (1) and (2) as 

paragraphs (2) and (3), respectively; 
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(3) by inserting before paragraph (2), as so redesignated, the following: 

‘‘(1)(A) include— 

‘‘(i) information management systems, and 

‘‘(ii) sensor management systems; and 

‘‘(B) where practicable, provide for the physical colocation of the Coast Guard and, as the Secretary determines appropriate, representatives of the United States 

Customs and Border Protection, the United States Immigration and Customs Enforcement, the Transportation Security Administration, the Department of Justice, the Department of Defense, and other Federal 

agencies, State and local law enforcement or port security personnel, members of the Area Maritime Security 

Committee, and other public and private sector stakeholders adversely affected by a transportation security 

incident or transportation disruption;’’; and 

(4) in paragraph (2), as so redesignated— 

(A) by striking ‘‘existing centers, including—’’ 

and inserting ‘‘existing centers;’’; and 

(B) by striking subparagraph (A) and (B); and 

(5) by adding ‘‘and’’ at the end of paragraph (3), 

as so redesignated. 
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SEC. 804. DEPLOYABLE, SPECIALIZED FORCES. 

(a) IN GENERAL.—Section 70106 of title 46, United 

States Code, is amended to read as follows: 

‘‘§ 70106. Deployable, specialized forces 

‘‘(a) ESTABLISHMENT.— 

‘‘(1) IN GENERAL.—To enhance the domestic maritime security capability of the United States, the Secretary shall establish deployable specialized forces of 

varying capabilities as are needed to safeguard the public and protect vessels, harbors, ports, facilities, and 

cargo in waters subject to the jurisdiction of the United 

States from destruction, loss or injury from crime, or 

sabotage due to terrorist activity, and to respond to such 

activity in accordance with the transportation security 

plans developed under section 70103. 

‘‘(2) ENHANCED TEAMS.—Such specialized forces 

shall include no less than two enhanced teams to serve 

as deployable forces capable of combating terrorism, engaging in interdiction, law enforcement, and advanced 

tactical maritime security operations to address known 

or potentially armed security threats (including non-compliant actors at sea), and participating in homeland security, homeland defense, and counterterrorism exercises 

in the maritime environment. 
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‘‘(b) MISSION.—The combined force of the specialized 

forces established under subsection (a) shall be trained, 

equipped, and capable of being deployed to— 

‘‘(1) deter, protect against, and rapidly respond to 

threats of maritime terrorism; 

‘‘(2) conduct maritime operations to protect against 

and disrupt illegal use, access to, or proliferation of 

weapons of mass destruction; 

‘‘(3) enforce moving or fixed safety or security 

zones established pursuant to law; 

‘‘(4) conduct high speed intercepts; 

‘‘(5) board, search, and seize any article or thing on 

or at, respectively, a vessel or facility found to present 

a risk to the vessel or facility, or to a port; 

‘‘(6) rapidly deploy to supplement United States 

armed forces domestically or overseas; 

‘‘(7) respond to criminal or terrorist acts so as to 

minimize, insofar as possible, the disruption caused by 

such acts; 

‘‘(8) assist with facility vulnerability assessments 

required under this chapter; and 

‘‘(9) carry out any other missions of the Coast 

Guard as are assigned to it by the Secretary. 

‘‘(c) MINIMIZATION OF RESPONSE TIMES.—The enhanced teams established under subsection (a)(2) shall, to the 
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extent practicable, be stationed in such a way so as to minimize the response time to maritime terrorist threats and potential or actual transportation security incidents. 

‘‘(d) COORDINATION WITH OTHER AGENCIES.—To the 

maximum extent feasible, the combined force of the specialized forces established under subsection (a) shall coordinate 

their activities with other Federal, State, and local law enforcement and emergency response agencies.’’. 

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

chapter 701 of title 46, United States Code, is amended by 

striking the item relating to section 70106 and inserting the 

following: 

‘‘70106. Deployable, specialized forces.’’. 

SEC. 805. COAST GUARD DETECTION CANINE TEAM PROGRAM 

EXPANSION. 

(a) DEFINITIONS.—For purposes of this section: 

(1) CANINE DETECTION TEAM.—The term ‘‘detection canine team’’ means a canine and a canine handler 

that are trained to detect narcotics or explosives, or 

other threats as defined by the Secretary. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the 

Secretary of Homeland Security. 

(b) DETECTION CANINE TEAMS.— 

(1) INCREASED CAPACITY.—Not later than 1 year 

after the date of enactment of this Act, and subject to 

the availability of appropriations, the Secretary shall— 
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(A) begin to increase the number of detection 

canine teams certified by the Coast Guard for the 

purposes of maritime-related security by no fewer 

than 10 canine teams annually through fiscal year 

2012; and 

(B) encourage owners and operators of port facilities, passenger cruise liners, oceangoing cargo 

vessels, and other vessels identified by the Secretary 

to strengthen security through the use of highly 

trained detection canine teams. 

(2) CANINE PROCUREMENT.—The Secretary, acting 

through the Commandant of the Coast Guard, shall procure detection canine teams as efficiently as possible, including, to the greatest extent possible, through increased domestic breeding, while meeting the performance needs and criteria established by the Commandant. 

(c) DEPLOYMENT.—The Secretary shall prioritize deployment of the additional canine teams to ports based on 

risk, consistent with the Security and Accountability For 

Every Port Act of 2006 (Public Law 109–347). 

SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM. 

(a) FOREIGN PORT ASSESSMENT.—Chapter 701 of title 

46, United States Code, is amended— 

(1) by adding at the end of section 70108 the following: 
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‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—The 

absence of an inspection of a foreign port shall not bar the 

Secretary from making a finding that a port in a foreign 

country does not maintain effective antiterrorism measures.’’; 

(2) by striking ‘‘If the Secretary, after conducting 

an assessment under section 70108, finds that a port in 

a foreign country does not maintain effective 

antiterrorism measures,’’ in section 70109(a) and inserting ‘‘Unless the Secretary finds that a port in a foreign 

country maintains effective antiterrorism measures,’’; 

and 

(3) by striking ‘‘If the Secretary finds that a foreign port does not maintain effective antiterrorism measures,’’ in section 70110(a) and inserting ‘‘Unless the 

Secretary finds that a foreign port maintains effective 

antiterrorism measures,’’. 

(b) ASSISTANCE PROGRAM.—Section 70110 of title 46, 

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

‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary may lend, lease, 

donate, or otherwise provide equipment, and provide 

technical training and support, to the owner or operator 

of a foreign port or facility— 
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‘‘(A) to assist in bringing the port or facility 

into compliance with applicable International Ship 

and Port Facility Code standards; and 

‘‘(B) to assist the port or facility in correcting 

deficiencies identified in periodic port assessments 

and reassessments required under section 70108 of 

this title. 

‘‘(2) CONDITIONS.—The Secretary— 

‘‘(A) may provide such assistance based upon 

an assessment of the risks to the security of the 

United States and the inability of the owner or operator of the port or facility to bring the port or facility into compliance with those standards and to 

maintain compliance with, or exceed, such standards; 

‘‘(B) may not provide such assistance unless 

the port or facility has been subjected to a comprehensive port security assessment by the Coast 

Guard; and 

‘‘(C) may only lend, lease, or otherwise provide 

equipment that the Secretary has first determined 

is not required by the Coast Guard for the performance of its missions.’’. 

(c) SAFETY AND SECURITY ASSISTANCE FOR FOREIGN

PORTS.— 
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(1) IN GENERAL.—Section 70110(e)(1) of title 46, 

United States Code, is amended by striking the second 

sentence and inserting the following: ‘‘The Secretary 

shall establish a strategic plan to utilize those assistance 

programs to assist ports and facilities that are found by 

the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of 

port security antiterrorism measures.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) Section 70110 of title 46, United States 

Code, is amended— 

(i) by inserting ‘‘OR FACILITIES’’ after 

‘‘PORTS’’ in the section heading; 

(ii) by inserting ‘‘or facility’’ after ‘‘port’’ 

each place it appears; and 

(iii) by striking ‘‘PORTS’’ in the heading 

for subsection (e) and inserting ‘‘PORTS, FACILITIES,’’. 

(B) Section 70108(c) of such title is amended— 

(i) by striking paragraph (2); and 

(ii) by redesignating paragraphs (3) and 

(4) as paragraphs (2) and (3), respectively. 

(C) The table of contents for chapter 701 of 

title 46, United States Code, is amended by striking 
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the item relating to section 70110 and inserting the 

following: 

‘‘70110. Actions and assistance for foreign ports or facilities and United States 

territories.’’. 

SEC. 807. MARITIME BIOMETRIC IDENTIFICATION. 

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

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

‘‘§ 70123. Mobile biometric identification 

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

the enactment of the Coast Guard Authorization Act of 2010, 

the Secretary shall conduct, in the maritime environment, a 

program for the mobile biometric identification of suspected 

individuals, including terrorists, to enhance border security 

and for other purposes. 

‘‘(b) REQUIREMENTS.—The Secretary shall ensure the 

program required in this section is coordinated with other biometric identification programs within the Department of 

Homeland Security. 

‘‘(c) DEFINITION.—For the purposes of this section, the 

term ‘biometric identification’ means use of fingerprint and 

digital photography images and facial and iris scan technology and any other technology considered applicable by the 

Department of Homeland Security.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections at 

the beginning of such chapter is amended by adding at the 

end the following: 

‘‘70123. Mobile biometric identification.’’. 

(c) COST ANALYSIS.—Within 90 days after the date of 

the enactment of this Act, the Secretary of the department 

in which the Coast Guard is operating shall submit to the 

Committees on Homeland Security and Transportation and 

Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an analysis of the cost of expanding the Coast Guard’s 

biometric identification capabilities for use by the Coast 

Guard’s Deployable Operations Group, cutters, stations, and 

other deployable maritime teams considered appropriate by 

the Secretary, and any other appropriate Department of 

Homeland Security maritime vessels and units. The analysis 

may include a tiered plan for the deployment of this program 

that gives priority to vessels and units more likely to encounter individuals suspected of making illegal border crossings 

through the maritime environment. 

(d) STUDY ON EMERGING BIOMETRIC CAPABILITIES.— 

(1) STUDY REQUIRED.—The Secretary of Homeland Security shall submit to the Committees on Homeland Security and Transportation and Infrastructure of 

the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate a 
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study on the use by the Coast Guard and other departmental entities of the combination of biometric technologies to rapidly identify individuals for security purposes. Such study shall focus on— 

(A) increased accuracy of facial recognition; 

(B) enhancement of existing iris recognition 

technology; and 

(C) other emerging biometric technologies capable of assisting in confirming the identification of 

individuals. 

(2) PURPOSE OF STUDY.—The purpose of the study 

required by paragraph (1) is to facilitate the use of a 

combination biometrics, including facial and iris recognition, to provide a higher probability of success in identification than a single approach and to achieve transformational advances in the flexibility, authenticity, and 

overall capability of integrated biometric detectors. The 

operational goal of the study should be to provide the capability to nonintrusively collect biometrics in an accurate and expeditious manner to assist the Coast Guard 

and the Department of Homeland Security in fulfilling 

its mission to protect and support national security. 
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SEC. 808. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME 

WORKERS. 

(a) IN GENERAL.—Within 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall 

establish procedures providing for an individual who is required to be fingerprinted for purposes of obtaining a transportation security card under section 70105 of title 46, 

United States Code, the ability to be fingerprinted at any of 

not less than 20 facilities operated by or under contract with 

an agency of the Department of Homeland Security that fingerprints the public for the Department. These facilities shall 

be in addition to facilities established under section 70105 of 

title 46, United States Code. 

(b) EXPIRATION.—The requirement made by subsection 

(a) expires 1 year after the date the Secretary establishes the 

facilities required under that subsection. 

SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS. 

Section 70105(b)(2) of title 46, United States Code, is 

amended— 

(1) in subparagraph (B), by inserting after ‘‘title’’ 

the following: ‘‘allowed unescorted access to a secure 

area designated in a vessel security plan approved under 

section 70103 of this title’’; and 

(2) in subparagraph (D), by inserting after ‘‘tank 

vessel’’ the following: ‘‘allowed unescorted access to a se-
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cure area designated in a vessel security plan approved 

under section 70103 of this title’’. 

SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES. 

Section 70112 of title 46, United States Code, is amended— 

(1) by amending subsection (b)(5) to read as follows: 

‘‘(5)(A) The National Maritime Security Advisory Committee shall be composed of— 

‘‘(i) at least 1 individual who represents the interests of the port authorities; 

‘‘(ii) at least 1 individual who represents the interests of the facilities owners or operators; 

‘‘(iii) at least 1 individual who represents the interests of the terminal owners or operators; 

‘‘(iv) at least 1 individual who represents the interests of the vessel owners or operators; 

‘‘(v) at least 1 individual who represents the interests of the maritime labor organizations; 

‘‘(vi) at least 1 individual who represents the interests of the academic community; 

‘‘(vii) at least 1 individual who represents the interests of State or local governments; and 

‘‘(viii) at least 1 individual who represents the interests of the maritime industry. 
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‘‘(B) Each Area Maritime Security Advisory Committee 

shall be composed of individuals who represents the interests 

of the port industry, terminal operators, port labor organizations, and other users of the port areas.’’; and 

(2) in subsection (g)— 

(A) in paragraph (1)(A), by striking ‘‘2008;’’ 

and inserting ‘‘2020;’’; and 

(B) in paragraph (2), by striking ‘‘2006’’ and 

inserting ‘‘2018’’. 

SEC. 811. SEAMEN’S SHORESIDE ACCESS. 

Each facility security plan approved under section 

70103(c) of title 46, United States Code, shall provide a system for seamen assigned to a vessel at that facility, pilots, 

and representatives of seamen’s welfare and labor organizations to board and depart the vessel through the facility in 

a timely manner at no cost to the individual. 

SEC. 812. WATERSIDE SECURITY OF ESPECIALLY HAZARDOUS 

CARGO. 

(a) NATIONAL STUDY.— 

(1) IN GENERAL.—The Secretary of the department 

in which the Coast Guard is operating shall— 

(A) initiate a national study to identify measures to improve the security of maritime transportation of especially hazardous cargo; and 
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(B) coordinate with other Federal agencies, the 

National Maritime Security Advisory Committee, 

and appropriate State and local government officials 

through the Area Maritime Security Committees 

and other existing coordinating committees, to 

evaluate the waterside security of vessels carrying, 

and waterfront facilities handling, especially hazardous cargo. 

(2) MATTERS TO BE INCLUDED.—The study conducted under this subsection shall include— 

(A) an analysis of existing risk assessment information relating to waterside security generated 

by the Coast Guard and Area Maritime Security 

Committees as part of the Maritime Security Risk 

Analysis Model; 

(B) a review and analysis of appropriate roles 

and responsibilities of maritime stakeholders, including Federal, State, and local law enforcement 

and industry security personnel, responsible for waterside security of vessels carrying, and waterfront 

facilities handling, especially hazardous cargo, including— 

(i) the number of ports in which State and 

local law enforcement entities are providing 

any services to enforce Coast Guard-imposed 
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security zones around vessels transiting to, 

through, or from United States ports or to 

conduct security patrols in United States ports; 

(ii) the number of formal agreements entered into between the Coast Guard and State 

and local law enforcement entities to engage 

State and local law enforcement entities in the 

enforcement of Coast Guard-imposed security 

zones around vessels transiting to, through, or 

from United States ports or the conduct of 

port security patrols in United States ports, 

the duration of those agreements, and the aid 

that State and local entities are engaged to 

provide through such agreements; 

(iii) the extent to which the Coast Guard 

has set national standards for training, equipment, and resources to ensure that State and 

local law enforcement entities engaged in enforcing Coast Guard-imposed security zones 

around vessels transiting to, through, or from 

United States ports or in conducting port security patrols in United States ports (or both) 

can deter to the maximum extent practicable a 

transportation security incident; 
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(iv) the extent to which the Coast Guard 

has assessed the ability of State and local law 

enforcement entities to carry out the security 

assignments that they have been engaged to 

perform, including their ability to meet any national standards for training, equipment, and 

resources that have been established by the 

Coast Guard in order to ensure that those entities can deter to the maximum extent practicable a transportation security incident; 

(v) the extent to which State and local law 

enforcement entities are able to meet national 

standards for training, equipment, and resources established by the Coast Guard to ensure that those entities can deter to the maximum extent practicable a transportation security incident; 

(vi) the differences in law enforcement authority, and particularly boarding authority, 

between the Coast Guard and State and local 

law enforcement entities, and the impact that 

these differences have on the ability of State 

and local law enforcement entities to provide 

the same level of security that the Coast Guard 

provides during the enforcement of Coast 
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Guard-imposed security zones and the conduct 

of security patrols in United States ports; and 

(vii) the extent of resource, training, and 

equipment differences between State and local 

law enforcement entities and the Coast Guard 

units engaged in enforcing Coast Guard-imposed security zones around vessels transiting 

to, through, or from United States ports or 

conducting security patrols in United States 

ports; 

(C) recommendations for risk-based security 

measures to improve waterside security of vessels 

carrying, and waterfront facilities handling, especially hazardous cargo; and 

(D) identification of security funding alternatives, including an analysis of the potential for 

cost-sharing by the public and private sectors as 

well as any challenges associated with such costsharing. 

(3) INFORMATION PROTECTION.—In carrying out 

the coordination necessary to effectively complete the 

study, the Commandant shall implement measures to ensure the protection of any sensitive security information, 

proprietary information, or classified information collected, reviewed, or shared during collaborative engage-
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ment with maritime stakeholders and other Government 

entities, except that nothing in this paragraph shall constitute authority to withhold information from— 

(A) the Congress; or 

(B) first responders requiring such information 

for the protection of life or property. 

(4) REPORT.—Not later than 12 months after the 

date of enactment of this Act, the Secretary of the Department in which the Coast Guard is operating shall 

submit to the Committees on Homeland Security and 

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

and Transportation of the Senate a report on the results 

of the study under this subsection. 

(b) NATIONAL STRATEGY.—Not later than 6 months 

after submission of the report required by subsection (a), the 

Secretary of the department in which the Coast Guard is operating shall develop, in conjunction with appropriate Federal 

agencies, a national strategy for the waterside security of vessels carrying, and waterfront facilities handling, especially 

hazardous cargo. The strategy shall utilize the results of the 

study required by subsection (a). 

(c) SECURITY OF ESPECIALLY HAZARDOUS CARGO.— 

Section 70103 of title 46, United States Code, is amended by 

adding at the end the following: 
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‘‘(e) ESPECIALLY HAZARDOUS CARGO.— 

‘‘(1) ENFORCEMENT OF SECURITY ZONES.—Consistent with other provisions of Federal law, the Coast 

Guard shall coordinate and be responsible for the enforcement of any Federal security zone established by 

the Coast Guard around a vessel containing especially 

hazardous cargo. The Coast Guard shall allocate available resources so as to deter and respond to a transportation security incident, to the maximum extent practicable, and to protect lives or protect property in danger. 

‘‘(2) RESOURCE DEFICIENCY REPORTING.— 

‘‘(A) IN GENERAL.—When the Secretary submits the annual budget request for a fiscal year for 

the department in which the Coast Guard is operating to the Office of Management and Budget, the 

Secretary shall provide to the Committees on 

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

Committee on Commerce, Science, and Transportation of the Senate a report that includes— 

‘‘(i) for the last full fiscal year preceding 

the report, a statement of the number of security zones established for especially hazardous 

cargo shipments; 
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‘‘(ii) for the last full fiscal year preceding 

the report, a statement of the number of especially hazardous cargo shipments provided a 

waterborne security escort, subdivided by Federal, State, local, or private security; and 

‘‘(iii) an assessment as to any additional 

vessels, personnel, infrastructure, and other resources necessary to provide waterborne escorts 

to those especially hazardous cargo shipments 

for which a security zone is established. 

‘‘(B) ESPECIALLY HAZARDOUS CARGO DEFINED.—In this subsection, the term ‘especially 

hazardous cargo’ means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, 

liquiefied petroleum gas, and any other substance, 

material, or group or class of material, in a particular amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being 

transported in maritime commerce.’’. 

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

follow definitions apply: 

(1) ESPECIALLY HAZARDOUS CARGO.—The term 

‘‘especially hazardous cargo’’ means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, 
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liquiefied petroleum gas, and any other substance, material, or group or class of material, in a particular 

amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce. 

(2) AREA MARITIME SECURITY COMMITTEE.—The 

term ‘‘Area Maritime Security Committee’’ means each 

of those committees responsible for producing Area Maritime Transportation Security Plans under chapter 701 

of title 46, United States Code. 

(3) TRANSPORTATION SECURITY INCIDENT.—The 

term ‘‘transportation security incident’’ has the same 

meaning as that term has in section 70101 of title 46, 

United States Code. 

SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES. 

Consistent with other provisions of law, the Secretary of 

the department in which the Coast Guard is operating shall 

make a recommendation, after considering recommendations 

made by the States, to the Federal Energy Regulatory Commission as to whether the waterway to a proposed waterside 

liquefied natural gas facility is suitable or unsuitable for the 

marine traffic associated with such facility. 
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SEC. 814. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY CARDS. 

Section 70105 of title 46, United States Code, is amended by adding at the end the following new subsection: 

‘‘(n) The Secretary may use a secondary authentication 

system to verify the identification of individuals using transportation security cards when the individual’s fingerprints are 

not able to be taken or read.’’. 

SEC. 815. ASSESSMENT OF TRANSPORTATION SECURITY CARD 

ENROLLMENT SITES. 

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

date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall prepare 

an assessment of the enrollment sites for transportation security cards issued under section 70105 of title 46, United 

States Code, including— 

(1) the feasibility of keeping those enrollment sites 

open after the date of enactment of this Act; and 

(2) the quality of customer service, including the 

periods of time individuals are kept on hold on the telephone, whether appointments are kept, and processing 

times for applications. 

(b) TIMELINES AND BENCHMARKS.—The Secretary shall 

develop timelines and benchmarks for implementing the findings of the assessment as the Secretary deems necessary. 
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SEC. 816. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO 

MITIGATE THE THREAT OF SMALL BOAT ATTACK 

IN MAJOR PORTS. 

The Secretary of the department in which the Coast 

Guard is operating shall assess and report to Congress on the 

feasibility of efforts to mitigate the threat of small boat attack in security zones of major ports, including specifically 

the use of transponders, radio frequency identification devices, and high-frequency surface radar systems to track 

small boats. 

SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY BACKGROUND CHECKS. 

Not later than 1 year after the date of enactment of this 

Act, the Comptroller General shall submit to the Committee 

on Homeland Security of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of 

the Senate a report that contains— 

(1) a review of background checks and forms of 

identification required under State and local transportation security programs; 

(2) a determination as to whether the background 

checks and forms of identification required under such 

programs duplicate or conflict with Federal programs; 

and 

(3) recommendations on limiting the number of 

background checks and forms of identification required 
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under such programs to reduce or eliminate duplication 

with Federal programs. 

SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS PENDING ISSUANCE; DEADLINES FOR PROCESSING; RECEIPT. 

(a) ACCESS; DEADLINES.—Section 70105 of title 46, 

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

the following new subsections: 

‘‘(o) ESCORTING.—The Secretary shall coordinate with 

owners and operators subject to this section to allow any individual who has a pending application for a transportation security card under this section or is waiting for reissuance of 

such card, including any individual whose card has been lost 

or stolen, and who needs to perform work in a secure or restricted area to have access to such area for that purpose 

through escorting of such individual in accordance with subsection (a)(1)(B) by another individual who holds a transportation security card. Nothing in this subsection shall be construed as requiring or compelling an owner or operator to 

provide escorted access. 

‘‘(p) PROCESSING TIME.—The Secretary shall review an 

initial transportation security card application and respond to 

the applicant, as appropriate, including the mailing of an Initial Determination of Threat Assessment letter, within 30 

days after receipt of the initial application. The Secretary 
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shall, to the greatest extent practicable, review appeal and 

waiver requests submitted by a transportation security card 

applicant, and send a written decision or request for additional information required for the appeal or waiver determination, within 30 days after receipt of the applicant’s appeal or waiver written request. For an applicant that is required to submit additional information for an appeal or 

waiver determination, the Secretary shall send a written decision, to the greatest extent practicable, within 30 days after 

receipt of all requested information.’’. 

(b) RECEIPT OF CARDS.— 

(1) REPORT BY COMPTROLLER GENERAL.—Within 

180 days after the date of enactment of this Act, the 

Comptroller General of the United States shall submit to 

the Committee on Homeland Security of the House of 

Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report assessing the costs, technical feasibility, and security measures associated with implementing procedures to deliver 

a transportation security card to an approved applicant’s 

place of residence in a secure manner or to allow an approved applicant to receive the card at an enrollment 

center of the individual’s choosing. 

(2) PROCESS FOR ALTERNATIVE MEANS OF RECEIPT.—If the Comptroller General finds in the final re-
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port under paragraph (1) that it is feasible for a transportation security card to be sent to an approved applicant’s place of residence in a secure manner, the Secretary shall, within 1 year after the date of issuance of 

the final report by the Comptroller General, implement 

a secure process to permit an individual approved for a 

transportation security card to receive the card at the 

applicant’s place of residence or at the enrollment center 

of the individual’s choosing. The individual shall be responsible for any additional cost associated with the secure delivery of a transportation security card. 

SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS. 

Section 70105(b) of title 46, United States Code, is 

amended by adding at the end the following new paragraph: 

‘‘(6) The Secretary may extend for up to one year the 

expiration of a biometric transportation security card required by this section to align the expiration with the expiration of a license, certificate of registry, or merchant mariner 

document required under chapter 71 or 73.’’. 

SEC. 820. CLARIFICATION OF RULEMAKING AUTHORITY. 

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

States Code, is further amended by adding at the end the following: 
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‘‘SEC. 70124. REGULATIONS. 

‘‘Unless otherwise provided, the Secretary may issue regulations necessary to implement this chapter.’’. 

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

chapter 701 of such title is further amended by adding at the 

end the following new item: 

‘‘70124. Regulations.’’. 

SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION. 

(a) PORT SECURITY TRAINING PROGRAM.—Chapter 701 

of title 46, United States Code, is further amended by adding 

at the end the following: 

‘‘§ 70125. Port security training for facility security officers 

‘‘(a) FACILITY SECURITY OFFICERS.—The Secretary 

shall establish comprehensive facility security officer training 

requirements designed to provide full security training that 

would lead to certification of such officers. In establishing the 

requirements, the Secretary shall— 

‘‘(1) work with affected industry stakeholders; and 

‘‘(2) evaluate— 

‘‘(A) the requirements of subsection (b); 

‘‘(B) existing security training programs employed at marine terminal facilities; and 

‘‘(C) existing port security training programs 

developed by the Federal Government. 
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‘‘(b) REQUIREMENTS.—The training program shall provide validated training that— 

‘‘(1) provides training at the awareness, performance, management, and planning levels; 

‘‘(2) utilizes multiple training mediums and methods; 

‘‘(3) establishes a validated provisional on-line certification methodology; 

‘‘(4) provide for continuing education and training 

for facility security officers beyond certification requirements, including a program to educate on the dangers 

and issues associated with the shipment of hazardous 

and especially hazardous cargo; 

‘‘(5) addresses port security topics, including— 

‘‘(A) facility security plans and procedures, including how to develop security plans and security 

procedure requirements when threat levels are elevated; 

‘‘(B) facility security force operations and 

management; 

‘‘(C) physical security and access control at facilities; 

‘‘(D) methods of security for preventing and 

countering cargo theft; 

‘‘(E) container security; 
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‘‘(F) recognition and detection of weapons, 

dangerous substances, and devices; 

‘‘(G) operation and maintenance of security 

equipment and systems; 

‘‘(H) security threats and patterns; 

‘‘(I) security incident procedures, including 

procedures for communicating with governmental 

and nongovernmental emergency response providers; 

and 

‘‘(J) evacuation procedures; 

‘‘(6) is consistent with, and supports implementation of, the National Incident Management System, the 

National Response Plan, the National Infrastructure 

Protection Plan, the National Preparedness Guidance, 

the National Preparedness Goal, the National Maritime 

Transportation Security Plan, and other such national 

initiatives; 

‘‘(7) is evaluated against clear and consistent performance measures; 

‘‘(8) addresses security requirements under facility 

security plans; 

‘‘(9) addresses requirements under the International Code for the Security of Ships and Port Facilities to address shore leave for mariners and access to 
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visitors, representatives of seafarers’ welfare organizations, and labor organizations; and 

‘‘(10) such other subject matters as may be prescribed by the Secretary. 

‘‘(c) CONTINUING SECURITY TRAINING.—The Secretary, 

in coordination with the Secretary of Transportation, shall 

work with State and local law enforcement agencies and industry stakeholders to develop and certify the following additional security training requirements for Federal, State, and 

local officials with security responsibilities at United States 

seaports: 

‘‘(1) A program to familiarize them with port and 

shipping operations, requirements of the Maritime 

Transportation Security Act of 2002 (Public Law 107– 

295), and other port and cargo security programs that 

educates and trains them with respect to their roles and 

responsibilities. 

‘‘(2) A program to familiarize them with dangers 

and potential issues with respect to shipments of hazardous and especially hazardous cargoes. 

‘‘(3) A program of continuing education as deemed 

necessary by the Secretary. 

‘‘(d) TRAINING PARTNERS.—In developing curriculum 

and delivering training established pursuant to subsections 

(a) and (c), the Secretary, in coordination with the Maritime 
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Administrator of the Department of Transportation and consistent with section 109 of the Maritime Transportation Security Act of 2002 [46 U.S.C. 70101 note], shall work with 

institutions with maritime expertise and with industry stakeholders with security expertise to develop appropriate training 

capacity to ensure that training can be provided in a geographically balanced manner to personnel seeking certification under subsection (a) or education and training under 

subsection (c). 

‘‘(e) ESTABLISHED GRANT PROGRAM.—The Secretary 

shall issue regulations or grant solicitations for grants for 

homeland security or port security to ensure that activities 

surrounding the development of curriculum and the provision 

of training and these activities are eligible grant activities 

under both grant programs.’’. 

(b) CONFORMING AMENDMENT.—Section 113 of the 

SAFE Port Act (6 U.S.C. 911) is repealed. 

(c) TABLE OF CONTENTS AMENDMENT.—The table of 

contents for chapter 701 of title 46, United States Code, is 

further amended by adding at the end the following: 

‘‘70125. Port security training for facility security officers.’’. 

SEC. 822. INTEGRATION OF SECURITY PLANS AND SYSTEMS 

WITH LOCAL PORT AUTHORITIES, STATE HARBOR 

DIVISIONS, AND LAW ENFORCEMENT AGENCIES. 

Section 70102 of title 46, United States Code, is amended by adding at the end thereof the following: 
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‘‘(c) SHARING OF ASSESSMENT INTEGRATION OF PLANS

AND EQUIPMENT.—The owner or operator of a facility, consistent with any Federal security restrictions, shall— 

‘‘(1) make a current copy of the vulnerability assessment conducted under subsection (b) available to the 

port authority with jurisdiction of the facility and appropriate State or local law enforcement agencies; and 

‘‘(2) integrate, to the maximum extent practical, 

any security system for the facility with compatible systems operated or maintained by the appropriate State, 

law enforcement agencies, and the Coast Guard.’’. 

SEC. 823. TRANSPORTATION SECURITY CARDS. 

Section 70105 of title 46, United States Code, is further 

amended by adding at the end thereof the following: 

‘‘(q) RECEIPT AND ACTIVATION OF TRANSPORTATION

SECURITY CARD.— 

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

the date of publication of final regulations required by 

subsection (k)(3) of this section the Secretary shall develop a plan to permit the receipt and activation of 

transportation security cards at any vessel or facility described in subsection (a) of this section that desires to 

implement this capability. This plan shall comply, to the 

extent possible, with all appropriate requirements of 
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Federal standards for personal identity verification and 

credential. 

‘‘(2) LIMITATION.—The Secretary may not require 

any such vessel or facility to provide on-site activation 

capability.’’. 

SEC. 824. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS EQUIPMENT AT INTERAGENCY OPERATIONAL CENTERS. 

Section 70107A of title 46, United States Code, is 

amended— 

(1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and 

(2) by inserting after subsection (d) the following: 

‘‘(e) DEPLOYMENT OF INTEROPERABLE COMMUNICATIONS EQUIPMENT AT INTERAGENCY OPERATIONAL CENTERS.—The Secretary, subject to the availability of appropriations, shall ensure that interoperable communications 

technology is deployed at all interagency operational centers 

established under subsection (a) and that such technology 

and equipment has been tested in live operational environments before deployment.’’. 

SEC. 825. INTERNATIONAL PORT AND FACILITY INSPECTION 

COORDINATION. 

(a) COORDINATION.—The Secretary of the department 

in which the Coast Guard is operating shall, to the extent 
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practicable, conduct the assessments required by the following 

provisions of law concurrently, or develop a process by which 

they are integrated and conducted by the Coast Guard: 

(1) Section 205 of the SAFE Port Act (6 U.S.C. 

945). 

(2) Section 213 of that Act (6 U.S.C. 964). 

(3) Section 70108 of title 46, United States Code. 

(b) LIMITATION.—Nothing in subsection (a) shall be 

construed to affect or diminish the Secretary’s authority or 

discretion— 

(1) to conduct an assessment of a foreign port at 

any time; 

(2) to compel the Secretary to conduct an assessment of a foreign port so as to ensure that 2 or more 

assessments are conducted concurrently; or 

(3) to cancel an assessment of a foreign port if the 

Secretary is unable to conduct 2 or more assessments 

concurrently. 

(c) MULTIPLE ASSESSMENT REPORT.—The Secretary 

shall provide written notice to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives whenever the Secretary conducts 2 or more assessments of the same port within a 3-year period. 
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SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT MITIGATION PLAN. 

Section 70103(b)(2) of title 46, United States Code, is 

amended— 

(1) by redesignating subparagraphs (E) through 

(G) as subparagraphs (F) through (H), respectively; and 

(2) by inserting after subparagraph (D) the following: 

‘‘(E) establish area response and recovery protocols 

to prepare for, respond to, mitigate against, and recover 

from a transportation security incident consistent with 

section 202 of the SAFE Port Act of 2006 (6 U.S.C. 

942) and subsection (a) of this section;’’. 

SEC. 827. RISK BASED RESOURCE ALLOCATION. 

(a) NATIONAL STANDARD.—Within 1 year after the date 

of enactment of this Act, in carrying out chapter 701 of title 

46, United States Code, the Secretary of the department in 

which the Coast Guard is operating shall develop and utilize 

a national standard and formula for prioritizing and addressing assessed security risks at United State ports and facilities 

on or adjacent to the waterways of the United States, such 

as the Maritime Security Risk Assessment Model that has 

been tested by the Department of Homeland Security. 

(b) USE BY MARITIME SECURITY COMMITTEES.—Within 

2 years after the date of enactment of this Act, the Secretary 

shall require each Area Maritime Security Committee to use 
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this standard to regularly evaluate each port’s assessed risk 

and prioritize how to mitigate the most significant risks. 

(c) OTHER USES OF STANDARD.—The Secretary shall 

utilize the standard when considering departmental resource 

allocations and grant making decisions. 

(d) USE OF MARITIME RISK ASSESSMENT MODEL.— 

Within 180 days after the date of enactment of this Act, the 

Secretary of the department in which the Coast Guard is operating shall make the United States Coast Guard’s Maritime 

Security Risk Assessment Model available, in an unclassified 

version, on a limited basis to regulated vessels and facilities 

to conduct true risk assessments of their own facilities and 

vessels using the same criteria employed by the Coast Guard 

when evaluating a port area, facility, or vessel. 

SEC. 828. PORT SECURITY ZONES. 

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

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

‘‘SUBCHAPTER II—PORT SECURITY ZONES 

‘‘§ 70131. Definitions 

‘‘In this subchapter: 

‘‘(1) LAW ENFORCEMENT AGENCY.—The term ‘law 

enforcement agency’ means an agency of a State, a political subdivision of a State, or a Federally recognized 

tribe that is authorized by law to supervise the preven-
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tion, detection, investigation, or prosecution of any violation of criminal law. 

‘‘(2) SECURITY ZONE.—The term ‘security zone’ 

means a security zone, established by the Commandant 

of the Coast Guard or the Commandant’s designee pursuant to section 1 of title II of the Act of June 15, 1917 

(50 U.S.C. 191) or section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)), for a vessel carrying especially hazardous cargo when such vessel— 

‘‘(A) enters, or operates within, the internal 

waters of the United States and the territorial sea 

of the United States; or 

‘‘(B) transfers such cargo or residue in any 

port or place, under the jurisdiction of the United 

States, within the territorial sea of the United 

States or the internal waters of the United States. 

‘‘§ 70132. Credentialing standards, training, and certification for State and local support for the enforcement of security zones for the transportation of especially hazardous cargo 

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

shall establish, by regulation, national standards for training 

and credentialing of law enforcement personnel— 

‘‘(1) to enforce a security zone; or 

‘‘(2) to assist in the enforcement of a security zone. 
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‘‘(b) TRAINING.— 

‘‘(1) The Commandant of the Coast Guard— 

‘‘(A) shall develop and publish a training curriculum for— 

‘‘(i) law enforcement personnel to enforce 

a security zone; 

‘‘(ii) law enforcement personnel to enforce 

or assist in the enforcement of a security zone; 

and 

‘‘(iii) personnel who are employed or retained by a facility or vessel owner to assist in 

the enforcement of a security zone; and 

‘‘(B) may— 

‘‘(i) test and deliver such training, the 

curriculum for which is developed pursuant to 

subparagraph (A); 

‘‘(ii) enter into an agreement under which 

a public entity (including a Federal agency) or 

private entity may test and deliver such training, the curriculum for which has been developed pursuant to subparagraph (A); and 

‘‘(iii) may accept a program, conducted by 

a public entity (including a Federal agency) or 

private entity, through which such training is 
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delivered the curriculum for which is developed 

pursuant to subparagraph (A). 

‘‘(2) Any Federal agency that provides such training, and any public or private entity that receives moneys, pursuant to section 70107(b)(8) of this title, to provide such training, shall provide such training— 

‘‘(A) to law enforcement personnel who enforce 

or assist in the enforcement of a security zone; and 

‘‘(B) on an availability basis to— 

‘‘(i) law enforcement personnel who assist 

in the enforcement of a security zone; and 

‘‘(ii) personnel who are employed or retained by a facility or vessel owner or operator 

to assist in the enforcement of a security zone. 

‘‘(3) If a Federal agency provides the training, the 

head of such agency may, notwithstanding any other 

provision of law, accept payment from any source for 

such training, and any amount received as payment shall 

be credited to the appropriation, current at the time of 

collection, charged with the cost thereof and shall be 

merged with, and available for, the same purposes of 

such appropriation. 

‘‘(4) Notwithstanding any other provision of law, 

any moneys, awarded by the Department of Homeland 

Security in the form of awards or grants, may be used 
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by the recipient to pay for training of personnel to assist 

in the enforcement of security zones and limited access 

areas. 

‘‘(c) CERTIFICATION; TRAINING PARTNERS.—In developing and delivering training under the training program, the 

Secretary, in coordination with the Maritime Administrator of 

the Department of Transportation, and consistent with section 109 of the Maritime Transportation Security Act of 

2002 (46 U.S.C. 70101 note), shall— 

‘‘(1) work with government training facilities, academic institutions, private organizations, employee organizations, and other entities that provide specialized, 

state-of-the-art training for governmental and nongovernmental emergency responder providers or commercial seaport personnel and management; 

‘‘(2) utilize, as appropriate, government training facilities, courses provided by community colleges, public 

safety academies, State and private universities, and 

other facilities; and 

‘‘(3) certify organizations that offer the curriculum 

for training and certification.’’. 

(b) GRANTS; ADMINISTRATION.—Section 70107 of title 

46, United States Code, is amended— 
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(1) by striking ‘‘services.’’ in subsection (a) and inserting ‘‘services and to train law enforcement personnel 

under section 70132 of this title.’’; 

(2) by adding at the end of subsection (b) the following: 

‘‘(8) The cost of training law enforcement personnel— 

‘‘(A) to enforce a security zone under section 

70132 of this title; or 

‘‘(B) assist in the enforcement of a security 

zone.’’; 

(3) by adding at the end of subsection (c)(2) the 

following: 

‘‘(C) TRAINING.—There are no matching requirements for grants under subsection (a) to train 

law enforcement agency personnel in the enforcement of security zones under section 70132 of this 

title or in assisting in the enforcement of such security zones.’’; and 

(4) by striking ‘‘2011’’ in subsection (l) and inserting ‘‘2013’’. 

(c) CONFORMING AMENDMENTS.— 

(1) SUBCHAPTER I DESIGNATION.—Chapter 701 of 

title 46, United States Code, is amended by inserting before section 70101 the following: 
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‘‘SUBCHAPTER I—GENERAL’’. 

(2) TABLE OF CONTENTS AMENDMENTS.—The 

table of contents for chapter 701 of title 46, United 

States Code, is amended— 

(3) by inserting before the item relating to section 

70101 the following: 

‘‘Subchapter I—General’’; 

1 and 

(4) by adding at the end the following: 

‘‘SUBCHAPTER II—PORT SECURITY ZONES

‘‘70131. Definitions. 

‘‘70132. Credentialing standards, training, and certification for State and local 

support for the enforcement of security zones for the transportation of especially hazardous cargo.’’. 

TITLE IX—MISCELLANEOUS 

PROVISIONS 

SEC. 901. WAIVERS. 

(a) GENERAL COASTWISE WAIVER.—Notwithstanding 

section 12112 and chapter 551 of title 46, United States 

Code, the Secretary of the department in which the Coast 

Guard is operating may issue a certificate of documentation 

with a coastwise endorsement for the following vessels: 

(1) ZIPPER (State of New York regulation number 

NY3205EB). 

(2) GULF DIVER IV (United States official number 553457). 
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(b) GALLANT LADY.—Section 1120(c) of the Coast 

Guard Authorization Act of 1996 (110 Stat. 3977) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘of Transportation’’ and inserting ‘‘of the department in which the Coast Guard 

is operating’’; and 

(B) by striking subparagraph (A) and inserting 

the following: 

‘‘(A) the vessel GALLANT LADY (Feadship 

hull number 672, approximately 168 feet in 

length).’’; 

(2) by amending paragraph (3) to read as follows: 

‘‘(3) CONDITION.—The only nonrecreational activity 

authorized for the vessel referred to in subparagraph (A) 

of paragraph (1) is the transportation of individuals on 

behalf of an organization described in section 501(c)(3) 

of the Internal Revenue Code of 1986 and exempt from 

tax under section 501(a) of such Code, for which the 

owner of the vessel receives no compensation.’’; 

(3) by striking paragraph (4) and redesignating 

paragraph (5) as paragraph (4); and 

(4) in paragraph (4) (as so redesignated) by striking all after ‘‘shall expire’’ and inserting ‘‘on the date of 

the sale of the vessel by the owner.’’. 
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(c) ACTIVITY OF CERTAIN VESSELS.— 

(1) IN GENERAL.—Section 12102 of title 46, 

United States Code, is amended by adding at the end 

the following: 

‘‘(d) AQUACULTURE WAIVER.— 

‘‘(1) PERMITTING OF NONQUALIFIED VESSELS TO

PERFORM CERTAIN AQUACULTURE SUPPORT OPERATIONS.—Notwithstanding section 12113 and any other 

law, the Secretary of Transportation may issue a waiver 

allowing a documented vessel with a registry endorsement or a foreign flag vessel to be used in operations 

that treat aquaculture fish for or protect aquaculture 

fish from disease, parasitic infestation, or other threats 

to their health if the Secretary finds, after publishing a 

notice in the Federal Register, that a suitable vessel of 

the United States is not available that could perform 

those services. 

‘‘(2) PROHIBITION.—Vessels operating under a 

waiver issued under this subsection may not engage in 

any coastwise transportation.’’. 

(2) IMPLEMENTING AND INTERIM REGULATIONS.— 

The Secretary of the department in which the Coast 

Guard is operating shall, in accordance with section 553 

of title 5, United States Code, and after public notice 

and comment, promulgate regulations necessary and ap-
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propriate to implement this subsection. The Secretary 

may grant interim permits pending the issuance of such 

regulations upon receipt of applications containing the 

required information. 

SEC. 902. CREW WAGES ON PASSENGER VESSELS. 

(a) FOREIGN AND INTERCOASTAL VOYAGES.— 

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

title 46, United States Code, is amended— 

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

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

(B) by adding at the end the following: 

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

seamen on a passenger vessel capable of carrying more than 

500 passengers for wages under this section against a vessel 

master, owner, or operator or the employer of the seamen 

shall not exceed ten times the unpaid wages that are the subject of the claims. 

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

must be commenced within three years after the later of— 

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

which the wages are claimed; or 

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

the suit, of a payment of wages that are the subject of 
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the suit that is made in the ordinary course of employment.’’. 

(2) DEPOSITS.—Section 10315 of such title is 

amended by adding at the end the following: 

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

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

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

the seaman into a checking, savings, investment, or retirement account, or other account to secure a payroll or debit 

card for the seaman if— 

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

deposit are deposited in a United States or international 

financial institution designated by the seaman; 

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

fully guaranteed under commonly accepted international 

standards by the government of the country in which the 

financial institution is licensed; 

‘‘(3) a written wage statement or pay stub, including an accounting of any direct deposit, is delivered to 

the seaman no less often than monthly; and 

‘‘(4) while on board the vessel on which the seaman 

is employed, the seaman is able to arrange for with-
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drawal of all funds on deposit in the account in which 

the wages are deposited.’’. 

(b) COASTWISE VOYAGES.— 

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

such title is amended— 

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

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

paragraph (2), when’’; and 

(B) by inserting at the end the following: 

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

seamen on a passenger vessel capable of carrying more than 

500 passengers for wages under this section against a vessel 

master, owner, or operator or the employer of the seamen 

shall not exceed ten times the unpaid wages that are the subject of the claims. 

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

must be commenced within three years after the later of— 

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

which the wages are claimed; or 

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

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

the suit that is made in the ordinary course of employment.’’. 
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(2) DEPOSITS.—Section 10504 of such title is 

amended by adding at the end the following: 

‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written request signed by the seaman, a seaman employed on a passenger vessel capable of carrying more than 500 passengers 

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

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

the seaman into a checking, savings, investment, or retirement account, or other account to secure a payroll or debit 

card for the seaman if— 

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

deposit are deposited in a United States or international 

financial institution designated by the seaman; 

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

fully guaranteed under commonly accepted international 

standards by the government of the country in which the 

financial institution is licensed; 

‘‘(3) a written wage statement or pay stub, including an accounting of any direct deposit, is delivered to 

the seaman no less often than monthly; and 

‘‘(4) while on board the vessel on which the seaman 

is employed, the seaman is able to arrange for withdrawal of all funds on deposit in the account in which 

the wages are deposited.’’. 
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SEC. 903. TECHNICAL CORRECTIONS. 

(a) COAST GUARD AND MARITIME TRANSPORTATION

ACT OF 2006.—Effective with enactment of the Coast Guard 

and Maritime Transportation Act of 2006 (Public Law 109– 

241), such Act is amended— 

(1) in section 311(b) (120 Stat. 530) by inserting 

‘‘paragraphs (1) and (2) of’’ before ‘‘section 8104(o)’’; 

(2) in section 603(a)(2) (120 Stat. 554) by striking 

‘‘33 U.S.C. 2794(a)(2)’’ and inserting ‘‘33 U.S.C. 

2704(a)(2)’’; 

(3) in section 901(r)(2) (120 Stat. 566) by striking 

‘‘the’’ the second place it appears; 

(4) in section 902(c) (120 Stat. 566) by inserting 

‘‘of the United States’’ after ‘‘Revised Statutes’’; 

(5) in section 902(e) (120 Stat. 567) is amended— 

(A) by inserting ‘‘and’’ after the semicolon at 

the end of paragraph (1); 

(B) by striking ‘‘and’’ at the end of paragraph 

(2)(A); and 

(C) by redesignating paragraphs (3) and (4) as 

subparagraphs (C) and (D) of paragraph (2), respectively, and aligning the left margin of such subparagraphs with the left margin of subparagraph 

(A) of paragraph (2); 

(6) in section 902(e)(2)(C) (as so redesignated) by 

striking ‘‘this section’’ and inserting ‘‘this paragraph’’; 
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(7) in section 902(e)(2)(D) (as so redesignated) by 

striking ‘‘this section’’ and inserting ‘‘this paragraph’’; 

(8) in section 902(h)(1) (120 Stat. 567)— 

(A) by striking ‘‘Bisti/De-Na-Zin’’ and all that 

follows through ‘‘Protection’’ and inserting ‘‘Omnibus Parks and Public Lands Management’’; and 

(B) by inserting a period after ‘‘Commandant 

of the Coast Guard’’; and 

(9) in section 902(k) (120 Stat. 568) is amended— 

(A) by inserting ‘‘the Act of March 23, 1906, 

commonly known as’’ before ‘‘the General Bridge’’; 

(B) by striking ‘‘491)’’ and inserting ‘‘494),’’; 

and 

(C) by inserting ‘‘each place it appears’’ before 

‘‘and inserting’’. 

(b) TITLE 14.— 

(1) The analysis for chapter 7 of title 14, United 

States Code, is amended by adding a period at the end 

of the item relating to section 149. 

(2) The analysis for chapter 17 of title 14, United 

States Code, is amended by adding a period at the end 

of the item relating to section 677. 

(3) The analysis for chapter 9 of title 14, United 

States Code, is amended by adding a period at the end 

of the item relating to section 198. 
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(4) Section 182 of title 14, United States Code, is 

amended by striking the third sentence. 

(c) TITLE 46.— 

(1) The analysis for chapter 81 of title 46, United 

States Code, is amended by adding a period at the end 

of the item relating to section 8106. 

(2) Section 70105(c)(3)(C) of such title is amended 

by striking ‘‘National Intelligence Director’’ and inserting ‘‘Director of National Intelligence’’. 

(d) DEEPWATER PORT ACT OF 1974.—Section 5(c)(2) 

of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)) 

is amended by aligning the left margin of subparagraph (K) 

with the left margin of subparagraph (L). 

(e) OIL POLLUTION ACT OF 1990.— 

(1) Section 1004(a)(2) of the Oil Pollution Act of 

1990 (33 U.S.C. 2704(a)(2)) is amended by striking the 

first comma following ‘‘$800,000’’. 

(2) The table of sections in section 2 of such Act 

is amended by inserting a period at the end of the item 

relating to section 7002. 

(f) COAST GUARD AUTHORIZATION ACT OF 1996.—The 

table of sections in section 2 of the Coast Guard Authorization Act of 1996 is amended in the item relating to section 

103 by striking ‘‘reports’’ and inserting ‘‘report’’. 
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SEC. 904. MANNING REQUIREMENT. 

Section 421 of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241; 120 Stat. 547) is 

amended— 

(1) in subsection (a), by striking ‘‘in the 48-month 

period beginning on the date of enactment of this Act 

if,’’ and inserting ‘‘until the date of expiration of this 

section if,’’; 

(2) in subsection (b), by striking ‘‘Subsection 

(a)(1)’’ and inserting ‘‘Subsection (a)’’; 

(3) in subsection (d), by striking ‘‘48 months after 

the date of enactment of this Act.’’ and inserting ‘‘on 

December 31, 2012.’’; and 

(4) by redesignating subsection (e) as subsection (f) 

and inserting after subsection (d) the following: 

‘‘(e) SAFETY INSPECTIONS.—A vessel may not engage a 

foreign citizen to meet a manning requirement under this section unless it has an annual safety examination by an individual authorized to enforce part B of subtitle II of title 46, 

United States Code.’’. 

SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 

The Commandant of the Coast Guard shall submit to 

the Committee on Commerce, Science, and Transportation of 

the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive 

study on the proposed construction or alteration of any 
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bridge, drawbridge, or causeway over navigable waters with 

a channel depth of 25 feet or greater of the United States 

that may impede or obstruct future navigation to or from 

port facilities. 

SEC. 906. LIMITATION ON JURISDICTION OF STATES TO TAX 

CERTAIN SEAMEN. 

Section 11108(b)(2)(B) of title 46, United States Code, 

is amended to read as follows: 

‘‘(B) who performs regularly assigned duties 

while engaged as a master, officer, or crewman on 

a vessel operating on navigable waters in 2 or more 

States.’’. 

SEC. 907. LAND CONVEYANCE, COAST GUARD PROPERTY IN 

MARQUETTE COUNTY, MICHIGAN, TO THE CITY OF 

MARQUETTE, MICHIGAN. 

(a) CONVEYANCE AUTHORIZED.— 

(1) IN GENERAL.—The Commandant of the Coast 

Guard may convey as surplus property, under section 

550 of title 40, United States Code, and other relevant 

Federal Laws governing the disposal of Federal surplus 

property, to the City of Marquette, Michigan (in this 

section referred to as the ‘‘City’’), all right, title, and interest of the United States in and to a parcel of real 

property, together with any improvements thereon, located in Marquette County, Michigan, that is under the 
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administrative control of the Coast Guard, consisting of 

approximately 5.5 acres of real property, as depicted on 

the Van Neste survey (#204072), dated September 7, 

2006, together with the land between the intermediate 

traverse line as shown on such survey and the ordinary 

high water mark, the total comprising 9 acres, more or 

less, and commonly identified as Coast Guard Station 

Marquette and Lighthouse Point. 

(2) COSTS OF CONVEYANCE.—The responsibility for 

all reasonable and necessary costs, including real estate 

transaction and environmental documentation costs, associated with the transaction shall be determined by the 

Commandant of the Coast Guard and the City. 

(b) RETENTION OF CERTAIN EASEMENTS.—In conveying the property under subsection (a), the Commandant of 

the Coast Guard may retain such easements over the property as the Commandant considers appropriate for access to 

aids to navigation. 

(c) LIMITATIONS.—The property to be conveyed under 

subsection (a) may not be conveyed under that subsection 

until— 

(1) the Coast Guard has relocated Coast Guard 

Station Marquette to a newly constructed station; 
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(2) any environmental remediation required under 

Federal law with respect to the property has been completed; and 

(3) the Commandant of the Coast Guard determines that retention of the property by the United 

States is not required to carry out Coast Guard missions 

or functions. 

(d) CONDITIONS OF TRANSFER.—All conditions placed 

within the deed of title of the property to be conveyed under 

subsection (a) shall be construed as covenants running with 

the land. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage 

and legal description of the property to be conveyed under 

subsection (a) shall be determined by a survey satisfactory to 

the Commandant of the Coast Guard. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Commandant of the Coast Guard may require such additional 

terms and conditions in connection with the conveyance authorized by subsection (a) as the Commandant considers appropriate to protect the interests of the United States. 

SEC. 908. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE 

PORTIONS OF THE RIO GRANDE RIVER, TEXAS, 

INTERNATIONAL WATER BOUNDARY. 

Not later than 90 days after the date of the enactment 

of this Act, the Secretary of the department in which the 
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Coast Guard is operating shall prepare a mission requirement 

analysis for the navigable portions of the Rio Grande River, 

Texas, international water boundary. The analysis shall take 

into account the Coast Guard’s involvement on the Rio 

Grande River by assessing Coast Guard missions, assets, and 

personnel assigned along the Rio Grande River. The analysis 

shall also identify what would be needed for the Coast Guard 

to increase search and rescue operations, migrant interdiction 

operations, and drug interdiction operations. In carrying out 

this section, the Secretary shall work with all appropriate entities to facilitate the collection of information under this section as necessary and shall report the analysis to the Congress. 

SEC. 909. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN, MICHIGAN. 

(a) CONVEYANCE AUTHORIZED.—Notwithstanding any 

other provision of law, the Commandant of the Coast Guard 

is authorized to convey, at fair market value, all right, title, 

and interest of the United States in and to a parcel of real 

property, consisting of approximately 3 acres, more or less, 

that is under the administrative control of the Coast Guard 

and located at 900 S. Western Avenue in Cheboygan, Michigan. 

(b) RIGHT OF FIRST REFUSAL.—The Cornerstone 

Christian Academy, located in Cheboygan, MI, shall have the 
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right of first refusal to purchase, at fair market value, all or 

a portion of the real property described in subsection (a). 

(c) DESCRIPTION OF PROPERTY.—The exact acreage 

and legal description of the property to be conveyed under 

subsection (a) shall be determined by a survey satisfactory to 

the Commandant of the Coast Guard. 

(d) FAIR MARKET VALUE.—The fair market value of 

the property shall be— 

(1) determined by appraisal, in accordance with the 

Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice; and 

(2) subject to the approval of the Commandant. 

(e) COSTS OF CONVEYANCE.—The responsibility for all 

reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated 

with the transaction shall be determined by the Commandant 

of the Coast Guard and the purchaser. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Commandant of the Coast Guard may require such additional 

terms and conditions in connection with the conveyance under 

subsection (a) as is considered appropriate to protect the interests of the United States. 
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SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS 

OF UNINSPECTED PASSENGER VESSELS ON LAKE 

TEXOMA IN TEXAS AND OKLAHOMA. 

(a) IN GENERAL.—Upon the request of the Governor of 

the State of Texas or the Governor of the State of Oklahoma, 

the Secretary of the department in which the Coast Guard 

is operating shall enter into an agreement with the Governor 

of the State whereby the State shall license operators of 

uninspected passenger vessels operating on Lake Texoma in 

Texas and Oklahoma in lieu of the Secretary issuing the license pursuant to section 8903 of title 46, United States 

Code, and the regulations issued thereunder, but only if the 

State plan for licensing the operators of uninspected passenger vessels— 

(1) meets the equivalent standards of safety and 

protection of the environment as those contained in subtitle II of title 46, United States Code, and regulations 

issued thereunder; 

(2) includes— 

(A) standards for chemical testing for such operators; 

(B) physical standards for such operators; 

(C) professional service and training requirements for such operators; and 

(D) criminal history background check for such 

operators; 
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(3) provides for the suspension and revocation of 

State licenses; 

(4) makes an individual, who is ineligible for a license issued under title 46, United States Code, ineligible for a State license; and 

(5) provides for a report that includes— 

(A) the number of applications that, for the 

preceding year, the State rejected due to failure 

to— 

(i) meet chemical testing standards; 

(ii) meet physical standards; 

(iii) meet professional service and training 

requirements; and 

(iv) pass criminal history background 

check for such operators; 

(B) the number of licenses that, for the preceding year, the State issued; 

(C) the number of license investigations that, 

for the preceding year, the State conducted; 

(D) the number of licenses that, for the preceding year, the State suspended or revoked, and 

the cause for such suspensions or revocations; and 

(E) the number of injuries, deaths, collisions, 

and loss or damage associated with uninspected 
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passenger vessels operations that, for the preceding 

year, the State investigated. 

(b) ADMINISTRATION.— 

(1) The Governor of the State may delegate the 

execution and enforcement of the State plan, including 

the authority to license and the duty to report information pursuant to subsection (a), to any subordinate State 

officer. The Governor shall provide, to the Secretary, 

written notice of any delegation. 

(2) The Governor (or the Governor’s designee) shall 

provide written notice of any amendment to the State 

plan no less than 45 days prior to the effective date of 

such amendment. 

(3) At the request of the Secretary, the Governor 

of the State (or the Governor’s designee) shall grant, on 

a biennial basis, the Secretary access to State records 

and State personnel for the purpose of auditing State 

execution and enforcement of the State plan. 

(c) APPLICATION.— 

(1) The requirements of section 8903 of title 46, 

United States Code, and the regulations issued thereunder shall not apply to any person operating under the 

authority of a State license issued pursuant to an agreement under this section. 
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(2) The State shall not compel a person, operating 

under the authority of a license issued either by another 

State, pursuant to a valid agreement under this section, 

or by the Secretary, pursuant to section 8903 of title 46, 

United States Code, to— 

(A) hold a license issued by the State, pursuant to an agreement under this section; or 

(B) pay any fee, associated with licensing, because the person does not hold a license issued by 

the State, pursuant to an agreement under this section. 

Nothing in this paragraph shall limit the authority of 

the State to impose requirements or fees for privileges, 

other than licensing, that are associated with the operation of uninspected passenger vessels on Lake Texoma. 

(3) For the purpose of enforcement, if an individual 

is issued a license— 

(A) by a State, pursuant to an agreement entered into under to this section; or 

(B) by the Secretary, pursuant to section 8903 

of title 46, United States Code, 

then the individual shall be entitled to lawfully operate 

an uninspected passenger vessel on Lake Texoma in 

Texas and Oklahoma without further requirement to 

hold an additional operator’s license. 
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(d) TERMINATION.— 

(1) If— 

(A) the Secretary finds that the State plan for 

the licensing the operators of uninspected passenger 

vessels— 

(i) does not meet the equivalent standards 

of safety and protection of the environment as 

those contained in subtitle II of title 46, 

United States Code, and regulations issued 

thereunder; 

(ii) does not include— 

(I) standards for chemical testing for 

such operators, 

(II) physical standards for such operators, 

(III) professional service and training 

requirements for such operators, or 

(IV) background and criminal investigations for such operators; 

(iii) does not provide for the suspension 

and revocation of State licenses; or 

(iv) does not make an individual, who is 

ineligible for a license issued under title 46, 

United States Code, ineligible for a State license; or 
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(B) the Governor (or the Governor’s designee) 

fails to report pursuant to subsection (b), 

the Secretary shall terminate the agreement authorized 

by this section, provided that the Secretary provides 

written notice to the Governor of the State 60 days in 

advance of termination. The findings of fact and conclusions of the Secretary, if based on a preponderance of 

the evidence, shall be conclusive. 

(2) The Governor of the State may terminate the 

agreement authorized by this section, provided that the 

Governor provides written notice to the Secretary 60 

days in advance of the termination date. 

(e) EXISTING AUTHORITY.—Nothing in this section shall 

affect or diminish the authority or jurisdiction of any Federal 

or State officer to investigate, or require reporting of, marine 

casualties. 

(f) DEFINITIONS.—For the purposes of this section, the 

term ‘‘uninspected passenger vessel’’ has the same meaning 

such term has in section 2101(42)(B) of title 46, United 

States Code. 

SEC. 911. STRATEGY REGARDING DRUG TRAFFICKING VESSELS. 

Within 180 days after the date of enactment of this Act, 

the Secretary of the department in which the Coast Guard 

is operating, acting through the Commandant of the Coast 

Guard, shall submit a report to Congress on its comprehen-
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sive strategy to combat the illicit flow of narcotics, weapons, 

bulk cash, and other contraband through the use of submersible and semi-submersible vessels. The strategy shall be developed in coordination with other Federal agencies engaged in 

detection, interdiction, or apprehension of such vessels. At a 

minimum, the report shall include the following: 

(1) An assessment of the threats posed by submersible and semi-submersible vessels, including the number 

of such vessels that have been detected or interdicted. 

(2) Information regarding the Federal personnel, 

technology and other resources available to detect and 

interdict such vessels. 

(3) An explanation of the Coast Guard’s plan, working with other Federal agencies as appropriate, to detect 

and interdict such vessels. 

(4) An assessment of additional personnel, technology, or other resources necessary to address such vessels. 

SEC. 912. USE OF FORCE AGAINST PIRACY. 

(a) IN GENERAL.—Chapter 81 of title 46, United States 

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

‘‘§ 8107. Use of force against piracy 

‘‘(a) LIMITATION ON LIABILITY.—An owner, operator, 

time charterer, master, mariner, or individual who uses force 
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or authorizes the use of force to defend a vessel of the United 

States against an act of piracy shall not be liable for monetary damages for any injury or death caused by such force 

to any person engaging in an act of piracy if such force was 

in accordance with standard rules for the use of force in selfdefense of vessels prescribed by the Secretary. 

‘‘(b) PROMOTION OF COORDINATED ACTION.—To carry 

out the purpose of this section, the Secretary of the department in which the Coast Guard is operating shall work 

through the International Maritime Organization to establish 

agreements to promote coordinated action among flag- and 

port-states to deter, protect against, and rapidly respond to 

piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by subsection (a). 

‘‘(c) DEFINITION.—For the purpose of this section, the 

term ‘act of piracy’ means any act of aggression, search, restraint, depredation, or seizure attempted against a vessel of 

the United States by an individual not authorized by the 

United States, a foreign government, or an international organization recognized by the United States to enforce law on 

the high seas.’’. 

(b) CLERICAL AMENDMENT.—The analysis at the beginning of such chapter is amended by adding at the end the 

following new item: 

‘‘8107. Use of force against piracy.’’. 
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(c) STANDARD RULES FOR THE USE OF FORCE FOR

SELF-DEFENSE OF VESSELS OF THE UNITED STATES.—Not 

later than 180 days after the date of enactment of this act, 

the secretary of the department in which the coast guard is 

operating, in consultation with representatives of industry 

and labor, shall develop standard rules for the use of force 

for self-defense of vessels of the United States. 

SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 

46, UNITED STATES CODE. 

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

States Code, is amended— 

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

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

appears; 

(2) by striking ‘‘and’’ after the semicolon in section 

31301(5)(F); 

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

(4) by adding at the end of section 31301 the following: 

‘‘(7) ‘Secretary’ means the Secretary of the Department of Homeland Security, unless otherwise noted.’’. 

(b) SECRETARY AS MORTGAGEE.—Section 31308 of 

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

Commerce or Transportation is a mortgagee under this chap-
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ter, the Secretary’’ and inserting ‘‘The Secretary of Commerce or Transportation, as a mortgagee under this chapter,’’. 

(c) SECRETARY OF TRANSPORTATION.—Section 

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

and inserting ‘‘Secretary of Transportation.’’. 

(d) MORTGAGEE.— 

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

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

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

subparagraph (B); 

(B) by striking ‘‘Secretary; or’’ in subparagraph (C) and inserting ‘‘Secretary.’’; and 

(C) by striking subparagraph (D). 

(2) Section 31330(a)(2) is amended— 

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

subparagraph (B); 

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

and inserting ‘‘faith.’’; and 

(C) by striking subparagraph (D). 

SEC. 914. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES. 

(a) IN GENERAL.—Whenever the transfer of ownership 

of a Coast Guard vessel or aircraft to an eligible entity for 

use for educational, cultural, historical, charitable, rec-
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reational, or other public purposes is authorized by law or declared excess by the Commandant, the Coast Guard shall 

transfer the vessel or aircraft to the General Services Administration for conveyance to the eligible entity. 

(b) CONDITIONS OF CONVEYANCE.—The General Services Administration may not convey a vessel or aircraft to an 

eligible entity as authorized by law unless the eligible entity 

agrees— 

(1) to provide the documentation needed by the 

General Services Administration to process a request for 

aircraft or vessels under section 102.37.225 of title 41, 

Code of Federal Regulations; 

(2) to comply with the special terms, conditions, 

and restrictions imposed on aircraft and vessels under 

section 102.37.460 of such title; 

(3) to make the vessel available to the United 

States Government if it is needed for use by the Commandant of the Coast Guard in time of war or a national emergency; and 

(4) to hold the United States Government harmless 

for any claims arising from exposure to hazardous materials, including asbestos and polychlorinated biphenyls, 

that occurs after conveyance of the vessel, except for 

claims arising from use of the vessel by the United 

States Government under paragraph (3). 
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(c) OTHER OBLIGATIONS UNAFFECTED.—Nothing in 

this section amends or affects any obligation of the Coast 

Guard or any other person under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law regarding 

use or disposal of hazardous materials including asbestos and 

polychlorinated biphenyls. 

(d) ELIGIBLE ENTITY DEFINED.—In this section, the 

term ‘‘eligible entity’’ means a State or local government, 

nonprofit corporation, educational agency, community development organization, or other entity that agrees to comply 

with the conditions established under this section. 

SEC. 915. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND 

TRAFFIC FLOW. 

(a) INFORMATION ON USAGE.—Within 60 days after the 

date of enactment of this Act, the Commandant of the Coast 

Guard shall— 

(1) determine the types and numbers of vessels 

typically transiting or utilizing that portion of the Atlantic Intracoastal Waterway beginning at a point that is 

due East of the outlet of the Cutler Drain Canal C–100 

in Dade County, Florida, and ending at the Dade County line, during a period of 30 days; and 

(2) provide the information on usage compiled 

under this subsection to the Senate Committee on Commerce, Science, and Transportation and the House of 
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Representatives Committee on Transportation and Infrastructure. 

(b) ASSESSMENT OF CERTAIN AIDS TO NAVIGATION.— 

Within 90 days after the date of enactment of this Act, the 

Commandant of the Coast Guard shall— 

(1) review and assess the buoys, markers, and other 

aids to navigation in and along that portion of the Atlantic Intracoastal Waterway specified in subsection (a), 

to determine the adequacy and sufficiency of such aids, 

and the need to replace such aids, install additional aids, 

or both; and 

(2) submit a report on the assessment required by 

this section to the committees. 

(c) SUBMISSION OF PLAN.—Within 180 days after the 

date of enactment of this Act, the Commandant shall submit 

a plan to the committees to address the needs identified 

under subsection (b). 

SEC. 916. FRESNEL LENS FROM PRESQUE ISLE LIGHT STATION 

IN PRESQUE ISLE, MICHIGAN. 

(a) DETERMINATION; ANALYSES.— 

(1) DETERMINATION.—The Commandant of the 

Coast Guard shall determine the necessity and adequacy 

of the existing Federal aids to navigation at Presque Isle 

Light Station, Presque Isle, Michigan (hereinafter 

‘‘Light Station’’), and submit such determination to the 
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Committee on Transportation and Infrastructure of the 

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

Commandant may base such determination on the Waterways Analysis and Management System study of such 

Federal aid to navigation, provided that such study was 

completed not more than 1 year prior to the date of enactment of this section. 

(2) ANALYSES.—The Commandant of the Coast 

Guard shall conduct— 

(A) an analysis of the feasibility of restoring 

the Fresnel Lens from the Light Station to operating condition, the capacity of the Coast Guard to 

maintain the Fresnel Lens as a Federal aid to navigation, and the impact on the Fresnel Lens as an 

artifact if used as a Federal aid to navigation; and 

(B) a comparative analysis of the cost of restoring, reinstalling, operating, and maintaining the 

Fresnel Lens (including life-cycle costs) and the 

cost of operating and maintaining the existing Federal aid to navigation at the Light Station (including life-cycle costs). 

(3) SUBMISSION.—Not later than 1 year after the 

date of enactment of this section, the Commandant of 

the Coast Guard shall submit the determination and 
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analyses, conducted pursuant to this subsection, to the 

Committee on Transportation and Infrastructure of the 

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

(b) TRANSFER POSSESSION OF LENS AUTHORIZED.— 

(1) TRANSFER OF POSSESSION.—Notwithstanding 

any other provision of law, the Commandant of the 

Coast Guard may transfer to the Township of Presque 

Isle, Michigan (hereinafter ‘‘Township’’), possession of 

the Fresnel Lens from the Light Station for the purpose 

of conserving and displaying such Fresnel Lens as an artifact in an exhibition facility at or near the Light Station. 

(2) CONDITION.—As a condition of the transfer of 

possession pursuant to paragraph (1)— 

(A) all Federal aids to navigation located at, 

on, or in the Light Station in operation on the date 

of transfer of possession shall remain the personal 

property of the United States and continue to be 

operated and maintained by the United States for 

as long as needed for navigational purposes; 

(B) there is reserved to the United States the 

right to maintain, remove, replace, or install any 

Federal aid to navigation located at, on, or in the 
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Light Station as may be necessary for navigational 

purposes; and 

(C) the Township shall neither interfere nor 

allow interference in any manner with any Federal 

aid to navigation, nor hinder activities required for 

the operation and maintenance of any Federal aid 

to navigation. 

(3) ALTERNATIVE DISPLAY.— 

(A) In the event that— 

(i) the Commandant of the Coast Guard, 

pursuant to a Waterways Analysis and Management System study, discontinues the existing Federal aids to navigation at, on, or in the 

Light Station; and 

(ii) the Township demonstrates to the satisfaction of the Commandant that the Township can restore, reinstall, and display the 

Fresnel Lens from the Light Station in the 

lantern room of such Light Station in a manner that conserves such Fresnel Lens as an artifact, 

the Township is authorized, notwithstanding paragraph (1), to display such Fresnel Lens in the lantern room of such Light Station. 
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(B) Nothing in this paragraph shall be construed to prevent the Township from installing a 

replica of the Fresnel Lens in the lantern room of 

such Light Station. 

(c) CONVEYANCE, TRANSFER OF ADDITIONAL PERSONAL PROPERTY.—Notwithstanding any other provision of 

law, the Commandant may convey or transfer possession of 

any personal property of the United States, pertaining to the 

Fresnel Lens or the Light Station, as an artifact to the 

Township. 

(d) TERMS; REVERSIONARY INTEREST.—As a condition 

of transfer of possession of personal property of the United 

States, pursuant to subsection (c), the Commandant may require the Township to comply with terms and conditions necessary to protect and conserve such personal property. Upon 

notice that the Commandant has determined that the Township has not complied with such terms and conditions, the 

Township shall immediately transfer possession of such personal property to the Coast Guard, except to the extent otherwise approved by the Commandant. 

(e) CONVEYANCE WITHOUT CONSIDERATION.—The conveyance or transfer of possession of any personal property of 

the United States (including the Fresnel Lens) under this 

section shall be without consideration. 
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(f) DELIVERY OF PROPERTY.—The Commandant shall 

deliver any personal property, conveyed or transferred pursuant to this section (including the Fresnel Lens)— 

(1) at the place where such property is located on 

the date of the conveyance; 

(2) in condition on the date of conveyance; and 

(3) without cost to the United States. 

(g) MAINTENANCE OF PROPERTY.—As a condition of 

the transfer of possession of the Fresnel Lens and any other 

personal property of the United States to the Township under 

this section, the Commandant shall enter into an agreement 

with the Township under which the Township agrees to hold 

the United States harmless for any claim arising with respect 

to the Fresnel Lens or such personal property. 

(h) LIMITATION ON FUTURE TRANSFERS.—The instruments providing for the transfer of possession of the Fresnel 

Lens or any other personal property of the United States 

under this section shall— 

(1) require that any further transfer of an interest 

in the Fresnel Lens or personal property may not be 

made without the advance approval of the Commandant; 

and 

(2) provide that, if the Commandant determines 

that an interest in the Fresnel Lens or personal property 

was transferred without such approval— 
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(A) all right, title, and interest in the Fresnel 

Lens or personal property shall revert to the United 

States, and the United States shall have the right 

to immediate possession of the Fresnel Lens or personal property; and 

(B) the recipient of the Fresnel Lens or personal property shall pay the United States for costs 

incurred by the United States in recovering the 

Fresnel Lens or personal property. 

(i) ADDITIONAL TERMS AND CONDITIONS.—The Commandant may require such additional terms and conditions in 

connection with the conveyance or transfer of personal property of the United States (including the Fresnel Lens) authorized by this section as the Commandant considers appropriate to protect the interests of the United States. 

SEC. 917. MARITIME LAW ENFORCEMENT. 

(a) PENALTIES.—Section 2237(b) of title 18, United 

States Code, is amended to read as follows: 

‘‘(b) Whoever knowingly violates this section shall— 

‘‘(1) if the offense results in death or involves kidnapping, an attempt to kidnap or kill, conduct required 

for an offense or an attempt to commit an offense, 

under section 2241 (relating to aggravated sexual abuse) 

without regard to where it takes place, or an attempt to 
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kill, be fined under this title or imprisoned for any term 

of years or life, or both; 

‘‘(2) if the offense results in serious bodily injury 

(as defined in section 1365), be fined under this title or 

imprisoned for not more than 15 years, or both; 

‘‘(3) if the offense involves knowing transportation 

under inhumane conditions and is committed in the 

course of a violation of section 274 of the Immigration 

and Nationality Act; chapter 77 or section 111, 111A, 

113, or 117 of this title; chapter 705 of title 46; or title 

II of the Act of June 15, 1917 (Chapter 30; 40 Stat. 

220), be fined under this title or imprisoned for not 

more than 15 years, or both; and 

‘‘(4) in any other case, be fined under this title or 

imprisoned for not more than 5 years, or both.’’. 

(b) DEFINITION.—Section 2237(e) of title 18, United 

States Code is amended— 

(1) by amending paragraph (3) to read as follows: 

‘‘(3) the term ‘vessel subject to the jurisdiction of 

the United States’ has the meaning given the term in 

section 70502 of title 46;’’; 

(2) in paragraph (4), by striking ‘‘section 2 of the 

Maritime Drug Law Enforcement Act (46 U.S.C. App. 

1903).’’ and inserting ‘‘section 70502 of title 46; and’’; 

and 
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(3) by adding at the end the following new paragraph: 

‘‘(5) the term ‘transportation under inhumane conditions’ means— 

‘‘(A) transportation— 

‘‘(i) of one or more persons in an engine 

compartment, storage compartment, or other 

confined space; 

‘‘(ii) at an excessive speed; or 

‘‘(iii) of a number of persons in excess of 

the rated capacity of the vessel; or 

‘‘(B) intentional grounding of a vessel in which 

persons are being transported.’’. 

SEC. 918. CAPITAL INVESTMENT PLAN. 

The Commandant of the Coast Guard shall submit to 

the Committee on Transportation and Infrastructure and the 

Committee on Commerce, Science, and Transportation of the 

Senate the Coast Guard’s 5-year capital investment plan concurrent with the President’s budget submission for each fiscal 

year. 

SEC. 919. REPORTS. 

Notwithstanding any other provision of law, in fiscal 

year 2011 the total amount of appropriated funds obligated 

or expended by the Coast Guard during any fiscal year in 

connection with any study or report required by law may not 
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exceed the total amount of appropriated funds obligated or 

expended by the Coast Guard for such purpose in fiscal year 

2010. In order to comply with the requirements of this limitation, the Commandant of the Coast Guard shall establish 

for each fiscal year a rank order of priority for studies and 

reports that can be conducted or completed during the fiscal 

year consistent with this limitation and shall post the list on 

the Coast Guard’s public website. 

SEC. 920. COMPLIANCE PROVISION. 

The budgetary effects of this Act, for purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall 

be determined by reference to the latest statement titled 

‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

jointly submitted for printing in the Congressional Record by 

the Chairmen of the House and Senate Budget Committees, 

provided that such statement has been submitted prior to the 

vote on passage in the House acting first on this conference 

report or amendments between the Houses. 

SEC. 921. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE. 

Section 347 of the Maritime Transportation Security Act 

of 2002 (116 Stat. 2108; as amended by section 706 of Public Law 109–347 (120 Stat. 1946)) is amended in subsection 

(i), by adding at the end the following new paragraph: 
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‘‘(3) PUBLIC AQUARIUM.—For purposes of this section, the term ‘aquarium’ or ‘public aquarium’ as used 

in this section or in the deed delivered to the Corporation or any agreement entered into pursuant to this section, means any new building constructed by the Corporation adjacent to the pier and bulkhead in compliance 

with the waterfront provisions of the City of Portland 

Code of Ordinances.’’. 

TITLE X—CLEAN HULLS 

Subtitle A—General Provisions 

SEC. 1011. DEFINITIONS. 

In this title: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ 

means the Administrator of the Environmental Protection Agency. 

(2) ANTIFOULING SYSTEM.—The term ‘‘antifouling 

system’’ means a coating, paint, surface treatment, surface, or device that is used or intended to be used on 

a vessel to control or prevent attachment of unwanted 

organisms. 

(3) CONVENTION.—The term ‘‘Convention’’ means 

the International Convention on the Control of Harmful 

Anti-Fouling Systems on Ships, 2001, including its annexes, and including any amendments to the Convention 
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or annexes which have entered into force for the United 

States. 

(4) FPSO.—The term ‘‘FPSO’’ means a floating 

production, storage, or offloading unit. 

(5) FSU.—The term ‘‘FSU’’ means a floating storage unit. 

(6) GROSS TONNAGE.—The term ‘‘gross tonnage’’ 

as defined in chapter 143 of title 46, United States 

Code, means the gross tonnage calculated in accordance 

with the tonnage measurement regulations contained in 

annex 1 to the International Convention on Tonnage 

Measurement of Ships, 1969. 

(7) INTERNATIONAL VOYAGE.—The term ‘‘international voyage’’ means a voyage by a vessel entitled to 

fly the flag of one country to or from a port, shipyard, 

offshore terminal, or other place under the jurisdiction 

of another country. 

(8) ORGANOTIN.—The term ‘‘organotin’’ means any 

compound or additive of tin bound to an organic ligand, 

that is used or intended to be used as biocide in an 

antifouling system. 

(9) PERSON.—The term ‘‘person’’ means— 

(A) any individual, partnership, association, 

corporation, or organized group of persons whether 

incorporated or not; 
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(B) any department, agency, or instrumentality 

of the United States, except as provided in section 

3(b)(2); or 

(C) any other government entity. 

(10) SECRETARY.—The term ‘‘Secretary’’ means 

the Secretary of the department in which the Coast 

Guard is operating. 

(11) SELL OR DISTRIBUTE.—The term ‘‘sell or distribute’’ means to distribute, sell, offer for sale, hold for 

distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, import, export, 

hold for import, hold for export, or receive and (having 

so received) deliver or offer to deliver. 

(12) VESSEL.—The term ‘‘vessel’’ has the meaning 

given that term in section 3 of title 1, United States 

Code, including hydrofoil boats, air cushion watercraft, 

submersibles, floating craft, fixed or floating platforms, 

floating storage units, and floating production, storage, 

and offloading units. 

(13) TERRITORIAL SEA.—The term ‘‘territorial sea’’ 

means the territorial sea as described in Presidential 

Proclamation No. 5928 on December 27, 1988. 

(14) UNITED STATES.—The term ‘‘United States’’ 

means the several States of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, 
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the Virgin Islands, the Commonwealth of the Northern 

Marianas, and any other territory or possession over 

which the United States has jurisdiction. 

(15) USE.—The term ‘‘use’’ includes application, 

reapplication, installation, or any other employment of 

an antifouling system. 

SEC. 1012. COVERED VESSELS. 

(a) INCLUDED VESSEL.—Except as provided in subsection (b), after the Convention enters into force for the 

United States, the following vessels are subject to the requirements of this title: 

(1) A vessel documented under chapter 121 of title 

46, United States Code, or one operated under the authority of the United States, wherever located. 

(2) Any vessel permitted by a Federal agency to operate on the Outer Continental Shelf. 

(3) Any other vessel when— 

(A) in the internal waters of the United States; 

(B) in any port, shipyard, offshore terminal, or 

other place in the United States; 

(C) lightering in the territorial sea; or 

(D) to the extent consistent with international 

law, anchoring in the territorial sea of the United 

States. 

(b) EXCLUDED VESSELS.— 
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(1) IN GENERAL.—The following vessels are not 

subject to the requirements of this title: 

(A) Any warship, naval auxiliary, or other vessel owned or operated by a foreign state, and used, 

for the time being, only on government noncommercial service. 

(B) Except as provided in paragraph (2), any 

warship, naval auxiliary, or other vessel owned or 

operated by the United States and used for the time 

being only on government noncommercial service. 

(2) APPLICATION TO UNITED STATES GOVERNMENT

VESSELS.— 

(A) IN GENERAL.—The Administrator may 

apply any requirement of this title to one or more 

classes of vessels described in paragraph (1)(B), if 

the head of the Federal department or agency 

under which those vessels operate concurs in that 

application. 

(B) LIMITATION FOR COMBAT-RELATED VESSEL.—Subparagraph (A) shall not apply to combatrelated vessels. 

SEC. 1013. ADMINISTRATION AND ENFORCEMENT. 

(a) IN GENERAL.—Unless otherwise specified in this 

title, with respect to a vessel, the Secretary shall administer 

and enforce the Convention and this title. 
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(b) ADMINISTRATOR.—Except with respect to section 

1031(b) and (c), the Administrator shall administer and enforce subtitle C. 

(c) REGULATIONS.—The Administrator and the Secretary may each prescribe and enforce regulations as may be 

necessary to carry out their respective responsibilities under 

this title. 

SEC. 1014. COMPLIANCE WITH INTERNATIONAL LAW. 

Any action taken under this title shall be taken in accordance with treaties to which the United States is a party 

and other international obligations of the United States. 

SEC. 1015. UTILIZATION OF PERSONNEL, FACILITIES OR EQUIPMENT OF OTHER FEDERAL DEPARTMENTS AND 

AGENCIES. 

The Secretary and the Administrator may utilize by 

agreement, with or without reimbursement, personnel, facilities, or equipment of other Federal departments and agencies 

in administering the Convention, this title, or any regulations 

prescribed under this title. 

Subtitle B—Implementation of the 

Convention 

SEC. 1021. CERTIFICATES. 

(a) CERTIFICATE REQUIRED.—On entry into force of 

the Convention for the United States, any vessel of at least 

400 gross tons that engages in one or more international voy-
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ages (except fixed or floating platforms, FSUs, and FPSOs) 

shall carry an International Antifouling System Certificate. 

(b) ISSUANCE OF CERTIFICATE.—On entry into force of 

the Convention, on a finding that a successful survey required 

by the Convention has been completed, a vessel of at least 

400 gross tons that engages in at least one international voyage (except fixed or floating platforms, FSUs, and FPSOs) 

shall be issued an International Antifouling System Certificate. The Secretary may issue the Certificate required by this 

section. The Secretary may delegate this authority to an organization that the Secretary determines is qualified to undertake that responsibility. 

(c) MAINTENANCE OF CERTIFICATE.—The Certificate 

required by this section shall be maintained as required by 

the Secretary. 

(d) CERTIFICATES ISSUED BY OTHER PARTY COUNTRIES.—A Certificate issued by any country that is a party 

to the Convention has the same validity as a Certificate 

issued by the Secretary under this section. 

(e) VESSELS OF NONPARTY COUNTRIES.—Notwithstanding subsection (a), a vessel of at least 400 gross tons, 

having the nationality of or entitled to fly the flag of a country that is not a party to the Convention, may demonstrate 

compliance with this title through other appropriate documentation considered acceptable by the Secretary. 
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SEC. 1022. DECLARATION. 

(a) REQUIREMENTS.—On entry into force of the Convention for the United States, a vessel of at least 24 meters in 

length, but less than 400 gross tons engaged on an international voyage (except fixed or floating platforms, FSUs, 

and FPSOs) must carry a declaration described in subsection 

(b) that is signed by the owner or owner’s authorized agent. 

That declaration shall be accompanied by appropriate documentation, such as a paint receipt or a contractor invoice, or 

contain an appropriate endorsement. 

(b) CONTENT OF DECLARATION.—The declaration must 

contain a clear statement that the antifouling system on the 

vessel complies with the Convention. The Secretary may prescribe the form and other requirements of the declaration. 

SEC. 1023. OTHER COMPLIANCE DOCUMENTATION. 

In addition to the requirements under sections 1021 and 

1022, the Secretary may require vessels to hold other documentation considered necessary to verify compliance with this 

title. 

SEC. 1024. PROCESS FOR CONSIDERING ADDITIONAL CONTROLS. 

(a) ACTIONS BY ADMINISTRATOR.—The Administrator 

may— 

(1) participate in the technical group described in 

Article 7 of the Convention, and in any other body con-
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vened pursuant to the Convention for the consideration 

of new or additional controls on antifouling systems; 

(2) evaluate any risks of adverse effects on nontarget organisms or human health presented by a given 

antifouling system such that the amendment of annex 1 

of the Convention may be warranted; 

(3) undertake an assessment of relevant environmental, technical, and economic considerations necessary 

to evaluate any proposals for new or additional controls 

of antifouling systems under the Convention, including 

benefits in the United States and elsewhere associated 

with the production and use in the United States and 

elsewhere, of the subject antifouling system; and 

(4) develop recommendations based on that assessment. 

(b) REFERRALS TO TECHNICAL GROUP.— 

(1) CONVENING OF SHIPPING COORDINATING COMMITTEE.—On referral of any antifouling system to the 

technical group described in article 7 of the Convention 

for consideration of new or additional controls, the Secretary of State shall convene a public meeting of the 

Shipping Coordinating Committee for the purpose of receiving information and comments regarding controls on 

such antifouling system. The Secretary of State shall 

publish advance notice of such meeting in the Federal 
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Register and on the State Department’s Web site. The 

Administrator shall assemble and maintain a public 

docket containing notices pertaining to that meeting, any 

comments responding to those notices, the minutes of 

that meeting, and materials presented at that meeting. 

(2) REPORT BY TECHNICAL GROUP.—The Administrator shall promptly make any report by the technical 

group described in the Convention available to the public 

through the docket established pursuant to subsection 

(b) and announce the availability of that report in the 

Federal Register. The Administrator shall provide an opportunity for public comment on the report for a period 

of not less than 30 days from the time the availability 

of the report is announced in the Federal Register. 

(3) CONSIDERATION OF COMMENTS.—To the extent 

practicable, the Administrator shall take any comments 

into consideration in developing recommendations under 

subsection (a). 

SEC. 1025. SCIENTIFIC AND TECHNICAL RESEARCH AND MONITORING; COMMUNICATION AND INFORMATION. 

The Secretary, the Administrator, and the Administrator 

of the National Oceanic and Atmospheric Administration may 

each undertake scientific and technical research and monitoring pursuant to article 8 of the Convention and to promote 

the availability of relevant information concerning— 
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(1) scientific and technical activities undertaken in 

accordance with the Convention; 

(2) marine scientific and technological programs 

and their objectives; and 

(3) the effects observed from any monitoring and 

assessment programs relating to antifouling systems. 

SEC. 1026. COMMUNICATION AND EXCHANGE OF INFORMATION. 

(a) IN GENERAL.—Except as provided in subsection (b), 

with respect to those antifouling systems regulated by the 

Administrator, the Administrator shall provide to any party 

to the Convention that requests it, relevant information on 

which the decision to regulate was based, including information provided for in annex 3 to the Convention, or other information suitable for making an appropriate evaluation of 

the antifouling system. 

(b) LIMITATION.—This section shall not be construed to 

authorize the provision of information the disclosure of which 

is otherwise prohibited by law. 

Subtitle C—Prohibitions and 

Enforcement Authority 

SEC. 1031. PROHIBITIONS. 

(a) IN GENERAL.—Notwithstanding any other provision 

of law, it is unlawful for any person— 

(1) to act in violation of this title, or any regulation 

prescribed under this title; 
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(2) to sell or distribute in domestic or international 

commerce organotin or an antifouling system containing 

organotin; 

(3) to manufacture, process, or use organotin to 

formulate an antifouling system; 

(4) to apply an antifouling system containing 

organotin on any vessel to which this title applies; or 

(5) after the Convention enters into force for the 

United States, to apply or otherwise use in a manner inconsistent with the Convention, an antifouling system on 

any vessel that is subject to this title. 

(b) VESSEL HULLS.—Except as provided in subsection 

(c), no vessel shall bear on its hull or outer surface any 

antifouling system containing organotin, regardless of when 

such system was applied, unless that vessel bears an overcoating which forms a barrier to organotin leaching from the 

underlying antifouling system. 

(c) LIMITATIONS.— 

(1) EXCEPTED VESSEL.—Subsection (b) does not 

apply to fixed or floating platforms, FSUs, or FPSOs 

that were constructed prior to January 1, 2003, and 

that have not been in dry dock on or after that date. 

(2) SALE, MANUFACTURE, ETC.—This section does 

not apply to— 
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(A) the sale, distribution, or use pursuant to 

any agreement between the Administrator and any 

person that results in an earlier prohibition or cancellation date than specified in this title; or 

(B) the manufacture, processing, formulation, 

sale, distribution, or use of organotin or antifouling 

systems containing organotin used or intended for 

use only for sonar domes or in conductivity sensors 

in oceanographic instruments. 

SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SECRETARY. 

(a) IN GENERAL.—The Secretary may conduct investigations and inspections regarding a vessel’s compliance with 

this title or the Convention. 

(b) VIOLATIONS; SUBPOENAS.—In any investigation 

under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents and other evidence. In case of refusal to obey a subpoena issued to any person, the Secretary may request the 

Attorney General to invoke the aid of the appropriate district 

court of the United States to compel compliance. 

(c) FURTHER ACTION.—On completion of an investigation, the Secretary may take whatever further action the Secretary considers appropriate under the Convention or this 

title. 
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(d) COOPERATION.—The Secretary may cooperate with 

other parties to the Convention in the detection of violations 

and in enforcement of the Convention. Nothing in this section 

affects or alters requirements under any other laws. 

SEC. 1033. EPA ENFORCEMENT. 

(a) INSPECTIONS, SUBPOENAS.— 

(1) IN GENERAL.—For purposes of enforcing this 

title or any regulation prescribed under this title, officers 

or employees of the Environmental Protection Agency or 

of any State designated by the Administrator may enter 

at reasonable times any location where there is being 

held or may be held organotin or any other substance or 

antifouling system regulated under the Convention, for 

the purpose of inspecting and obtaining samples of any 

containers or labeling for organotin or other substance 

or system regulated under the Convention. 

(2) SUBPOENAS.—In any investigation under this 

section the Administrator may issue subpoenas to require the attendance of any witness and the production 

of documents and other evidence. In case of refusal to 

obey such a subpoena, the Administrator may request 

the Attorney General to compel compliance. 

(b) STOP MANUFACTURE, SALE, USE, OR REMOVAL ORDERS.—Consistent with section 1013, whenever any 

organotin or other substance or system regulated under the 
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Convention is found by the Administrator and there is reason 

to believe that a manufacturer, seller, distributor, or user has 

violated or is in violation of any provision of this title, or that 

such organotin or other substance or system regulated under 

the Convention has been or is intended to be manufactured, 

distributed, sold, or used in violation of this title, the Administrator may issue a stop manufacture, sale, use, or removal 

order to any person that owns, controls, or has custody of 

such organotin or other substance or system regulated under 

the Convention. After receipt of that order the person may 

not manufacture, sell, distribute, use, or remove the 

organotin or other substance or system regulated under the 

Convention described in the order except in accordance with 

the order. 

SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINISTRATOR. 

The Administrator, in consultation with the Secretary, 

may establish, as necessary, terms and conditions regarding 

the removal and disposal of antifouling systems prohibited or 

restricted under this title. 

Subtitle D—Action on Violation, 

Penalties, and Referrals 

SEC. 1041. CRIMINAL ENFORCEMENT. 

Any person who knowingly violates paragraph (2), (3), 

(4), or (5) of section 1031(a) or section 1031(b) shall be 
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fined under title 18, United States Code, or imprisoned not 

more than 6 years, or both. 

SEC. 1042. CIVIL ENFORCEMENT. 

(a) CIVIL PENALTY.— 

(1) IN GENERAL.—Any person who is found by the 

Secretary or the Administrator, as appropriate, after notice and an opportunity for a hearing, to have— 

(A) violated the Convention, this title, or any 

regulation prescribed under this title, is liable to the 

United States Government for a civil penalty of not 

more than $37,500 for each violation; or 

(B) made a false, fictitious, or fraudulent 

statement or representation in any matter in which 

a statement or representation is required to be 

made to the Secretary under the Convention, this 

title, or any regulations prescribed under this title, 

is liable to the United States for a civil penalty of 

not more than $50,000 for each such statement or 

representation. 

(2) RELATIONSHIP TO OTHER LAW.—This subsection shall not limit or affect the authority of the Government under section 1001 of title 18, United States 

Code. 
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(b) ASSESSMENT OF PENALTY.—The amount of the civil 

penalty shall be assessed by the Secretary or Administrator, 

as appropriate, by written notice. 

(c) LIMITATION FOR RECREATIONAL VESSEL.—A civil 

penalty imposed under subsection (a) against the owner or 

operator of a recreational vessel, as that term is defined in 

section 2101 of title 46, United States Code, for a violation 

of the Convention, this title, or any regulation prescribed 

under this title involving that recreational vessel, may not exceed $5,000 for each violation. 

(d) DETERMINATION OF PENALTY.—For purposes of 

penalties under this section, each day of a continuing violation constitutes a separate violation. In determining the 

amount of the penalty, the Secretary or Administrator shall 

take into account the nature, circumstances, extent, and 

gravity of the prohibited acts committed and, with respect to 

the violator, the degree of culpability, any history of prior offenses, the economic impact of the penalty on the violator, 

the economic benefit to the violator and other matters as justice may require. 

(e) REWARD.—An amount equal to not more than onehalf of any civil penalty assessed by the Secretary or Administrator under this section may, subject to the availability of 

appropriations, be paid by the Secretary or Administrator, re-
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spectively, to any person who provided information that led 

to the assessment or imposition of the penalty. 

(f) REFERRAL TO ATTORNEY GENERAL.—If any person 

fails to pay a civil penalty assessed under this section after 

it has become final, or comply with an order issued under 

this title, the Secretary or Administrator, as appropriate, may 

refer the matter to the Attorney General of the United States 

for collection in any appropriate district court of the United 

States. 

(g) COMPROMISE, MODIFICATION, OR REMISSION.—Before referring any civil penalty that is subject to assessment 

or has been assessed under this section to the Attorney General, the Secretary, or Administrator, as appropriate, may 

compromise, modify, or remit, with or without conditions, the 

civil penalty. 

(h) NONPAYMENT PENALTY.—Any person who fails to 

pay on a timely basis a civil penalty assessed under this section shall also be liable to the United States for interest on 

the penalty at an annual rate equal to 11 percent compounded quarterly, attorney fees and costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. That nonpayment penalty shall be in an amount equal to 20 percent 

of the aggregate amount of that person’s penalties and non-
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payment penalties that are unpaid as of the beginning of that 

quarter. 

SEC. 1043. LIABILITY IN REM. 

A vessel operated in violation of the Convention, this 

title, or any regulation prescribed under this title, is liable in 

rem for any fine imposed under section 18, United States 

Code, or civil penalty assessed pursuant to section 1042, and 

may be proceeded against in the United States district court 

of any district in which the vessel may be found. 

SEC. 1044. VESSEL CLEARANCE OR PERMITS; REFUSAL OR REVOCATION; BOND OR OTHER SURETY. 

If any vessel that is subject to the Convention or this 

title, or its owner, operator, or person in charge, is liable for 

a fine or civil penalty under section 1042 or 1043, or if reasonable cause exists to believe that the vessel, its owner, operator, or person in charge may be subject to a fine or civil 

penalty under section 1042 or 1043, the Secretary may 

refuse or revoke the clearance required by section 60105 of 

title 46, United States Code. Clearance may be granted upon 

the filing of a bond or other surety satisfaction to the Secretary. 

SEC. 1045. WARNINGS, DETENTIONS, DISMISSALS, EXCLUSION. 

(a) IN GENERAL.—If a vessel is detected to be in violation of the Convention, this title, or any regulation prescribed 

under this title, the Secretary may warn, detain, dismiss, or 
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exclude the vessel from any port or offshore terminal under 

the jurisdiction of the United States. 

(b) NOTIFICATIONS.—If action is taken under subsection 

(a), the Secretary, in consultation with the Secretary of 

State, shall make the notifications required by the Convention. 

SEC. 1046. REFERRALS FOR APPROPRIATE ACTION BY FOREIGN 

COUNTRY. 

Notwithstanding sections 1041, 1042, 1043, and 1045, 

if a violation of the Convention is committed by a vessel registered in or of the nationality of a country that is a party 

to the Convention, or by a vessel operated under the authority of a country that is a party to the Convention, the Secretary, acting in coordination with the Secretary of State, 

may refer the matter to the government of the country of the 

vessel’s registry or nationality, or under whose authority the 

vessel is operating, for appropriate action, rather than taking 

the actions otherwise required or authorized by this subtitle. 

SEC. 1047. REMEDIES NOT AFFECTED. 

(a) IN GENERAL.—Nothing in this title limits, denies, 

amends, modifies, or repeals any other remedy available to 

the United States. 

(b) RELATIONSHIP TO STATE AND LOCAL LAW.—Nothing in this title limits, denies, amends, modifies, or repeals 

any rights under existing law, of any State, territory, or pos-
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session of the United States, or any political subdivision 

thereof, to regulate any antifouling system. Compliance with 

the requirements of a State, territory, or possession of the 

United States, or political subdivision thereof related to 

antifouling paint or any other antifouling system does not relieve any person of the obligation to comply with this title. 

SEC. 1048. REPEAL. 

The Organotin Antifouling Paint Control Act of 1988 

(33 U.S.C. 2401 et seq.) is repealed. 

Amend the title so as to read: ‘‘An Act to authorize 

appropriations for the Coast Guard for fiscal year 2011, 

and for other purposes.’’. 

Attest: 

Clerk.