```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1665 Engrossed in House (EH)]

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.
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

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.
Sec. 813. Review of liquefied natural gas facilities.
Sec. 814. Use of secondary authentication for transportation security 
                            cards.
Sec. 815. Assessment of transportation security card enrollment sites.
Sec. 816. Assessment of the feasibility of efforts to mitigate the 
                            threat of small boat attack in major ports.
Sec. 817. Report and recommendation for uniform security background 
                            checks.
Sec. 818. Transportation security cards: access pending issuance; 
                            deadlines for processing; receipt.
Sec. 819. Harmonizing security card expirations.
Sec. 820. Clarification of rulemaking authority.
Sec. 821. Port security training and certification.
Sec. 822. Integration of security plans and systems with local port 
                            authorities, State harbor divisions, and 
                            law enforcement agencies.
Sec. 823. Transportation security cards.
Sec. 824. Pre-positioning interoperable communications equipment at 
                            interagency operational centers.
Sec. 825. International port and facility inspection coordination.
Sec. 826. Area transportation security incident mitigation plan.
Sec. 827. Risk based resource allocation.
Sec. 828. Port security zones.
                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Waivers.
Sec. 902. Crew wages on passenger vessels.
Sec. 903. Technical corrections.
Sec. 904. Manning requirement.
Sec. 905. Study of bridges over navigable waters.
Sec. 906. Limitation on jurisdiction of States to tax certain seamen.
Sec. 907. Land conveyance, Coast Guard property in Marquette County, 
                            Michigan, to the City of Marquette, 
                            Michigan.
Sec. 908. Mission requirement analysis for navigable portions of the 
                            Rio Grande River, Texas, international 
                            water boundary.
Sec. 909. Conveyance of Coast Guard property in Cheboygan, Michigan.
Sec. 910. Alternative licensing program for operators of uninspected 
                            passenger vessels on Lake Texoma in Texas 
                            and Oklahoma.
Sec. 911. Strategy regarding drug trafficking vessels.
Sec. 912. Use of force against piracy.
Sec. 913. Technical amendments to chapter 313 of title 46, United 
                            States Code.
Sec. 914. Conveyance of Coast Guard vessels for public purposes.
Sec. 915. Assessment of certain aids to navigation and traffic flow.
Sec. 916. Fresnel Lens from Presque Isle Light Station in Presque Isle, 
                            Michigan.
Sec. 917. Maritime law enforcement.
Sec. 918. Capital investment plan.
Sec. 919. Reports.
Sec. 920. Compliance provision.
Sec. 921. Conveyance of Coast Guard property in Portland, Maine.
                          TITLE X--CLEAN HULLS

                     Subtitle A--General Provisions

Sec. 1011. Definitions.
Sec. 1012. Covered vessels.
Sec. 1013. Administration and enforcement.
Sec. 1014. Compliance with international law.
Sec. 1015. Utilization of personnel, facilities or equipment of other 
                            Federal departments and agencies.
              Subtitle B--Implementation of the Convention

Sec. 1021. Certificates.
Sec. 1022. Declaration.
Sec. 1023. Other compliance documentation.
Sec. 1024. Process for considering additional controls.
Sec. 1025. Scientific and technical research and monitoring; 
                            communication and information.
Sec. 1026. Communication and exchange of information.
           Subtitle C--Prohibitions and Enforcement Authority

Sec. 1031. Prohibitions.
Sec. 1032. Investigations and inspections by Secretary.
Sec. 1033. EPA enforcement.
Sec. 1034. Additional authority of the Administrator.
       Subtitle D--Action on Violation, Penalties, and Referrals

Sec. 1041. Criminal enforcement.
Sec. 1042. Civil enforcement.
Sec. 1043. Liability in rem.
Sec. 1044. Vessel clearance or permits; refusal or revocation; bond or 
                            other surety.
Sec. 1045. Warnings, detentions, dismissals, exclusion.
Sec. 1046. Referrals for appropriate action by foreign country.
Sec. 1047. Remedies not affected.
Sec. 1048. Repeal.

                             TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for fiscal year 2011 for necessary 
expenses of the Coast Guard as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $6,970,681,000 of which $24,500,000 is authorized to be derived from the 
        Oil Spill Liability Trust Fund to carry out the purposes of section 
        1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
            (2) For the acquisition, construction, rebuilding, and improvement 
        of aids to navigation, shore and offshore facilities, vessels, and 
        aircraft, including equipment related thereto, $1,640,000,000, of 
        which--
                    (A) $20,000,000 shall be derived from the Oil Spill 
                Liability Trust Fund to carry out the purposes of section 
                1012(a)(5) of the Oil Pollution Act of 1990, to remain available 
                until expended;
                    (B) $1,233,502,000 is authorized for the Integrated 
                Deepwater System Program; and
                    (C) $100,000,000 is authorized for shore facilities and aids 
                to navigation.
            (3) To the Commandant of the Coast Guard for research, development, 
        test, and evaluation of technologies, materials, and human factors 
        directly relating to improving the performance of the Coast Guard's 
        mission in search and rescue, aids to navigation, marine safety, marine 
        environmental protection, enforcement of laws and treaties, ice 
        operations, oceanographic research, and defense readiness, $28,034,000, 
        to remain available until expended, of which $500,000 shall be derived 
        from the Oil Spill Liability Trust Fund to carry out the purposes of 
        section 1012(a)(5) of the Oil Pollution Act of 1990.
            (4) For retired pay (including the payment of obligations otherwise 
        chargeable to lapsed appropriations for this purpose), payments under 
        the Retired Serviceman's Family Protection and Survivor Benefit Plans, 
        and payments for medical care of retired personnel and their dependents 
        under chapter 55 of title 10, United States Code, $1,400,700,000, to 
        remain available until expended.
            (5) For alteration or removal of bridges over navigable waters of 
        the United States constituting obstructions to navigation, and for 
        personnel and administrative costs associated with the Bridge Alteration 
        Program, $16,000,000.
            (6) For environmental compliance and restoration at Coast Guard 
        facilities (other than parts and equipment associated with operation and 
        maintenance), $13,329,000, to remain available until expended.
            (7) For the Coast Guard Reserve program, including personnel and 
        training costs, equipment, and services, $135,675,000.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-year 
strength for active duty personnel of 47,000 for the fiscal year ending on 
September 30, 2011.
    (b) Military Training Student Loads.--For fiscal year 2011, the Coast Guard 
is authorized average military training student loads as follows:
            (1) For recruit and special training, 2,500 student years.
            (2) For flight training, 165 student years.
            (3) For professional training in military and civilian institutions, 
        350 student years.
            (4) For officer acquisition, 1,200 student years.

                              TITLE II--COAST GUARD

SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

    (a) In General.--Chapter 7 of title 14, United States Code, is amended by 
adding at the end the following:
``Sec. 153. Appointment of judges
    ``The Secretary may appoint civilian employees of the department in which 
the Coast Guard is operating as appellate military judges, available for 
assignment to the Coast Guard Court of Criminal Appeals as provided for in 
section 866(a) of title 10.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended by adding 
at the end the following:

``153. Appointment of judges.''.

SEC. 202. INDUSTRIAL ACTIVITIES.

    Section 151 of title 14, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``All orders''; and
            (2) by adding at the end the following:
    ``(b) Orders and Agreements for Industrial Activities.--Under this section, 
the Coast Guard industrial activities may accept orders from and enter into 
reimbursable agreements with establishments, agencies, and departments of the 
Department of Defense and the Department of Homeland Security.''.

SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.

    (a) In General.--Chapter 13 of title 14, United States Code, is amended by 
adding at the end the following:
``Sec. 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 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:
``Sec. 42. Number and distribution of commissioned officers on active duty 
              promotion list
    ``(a) Maximum Total Number.--The total number of Coast Guard commissioned 
officers on the active duty promotion list, excluding warrant officers, shall 
not exceed 7,200; except that the Commandant may temporarily increase that 
number by up to 2 percent for no more than 60 days following the date of the 
commissioning of a Coast Guard Academy class.
    ``(b) Distribution Percentages by Grade.--
            ``(1) Required.--The total number of commissioned officers 
        authorized by this section shall be distributed in grade in the 
        following percentages: 0.375 percent for rear admiral; 0.375 percent for 
        rear admiral (lower half); 6.0 percent for captain; 15.0 percent for 
        commander; and 22.0 percent for lieutenant commander.
            ``(2) Discretionary.--The Secretary shall prescribe the percentages 
        applicable to the grades of lieutenant, lieutenant (junior grade), and 
        ensign.
            ``(3) Authority of secretary to reduce percentage.--The Secretary--
                    ``(A) may reduce, as the needs of the Coast Guard require, 
                any of the percentages set forth in paragraph (1); and
                    ``(B) shall apply that total percentage reduction to any 
                other lower grade or combination of lower grades.
    ``(c) Computations.--
            ``(1) In general.--The Secretary shall compute, at least once each 
        year, the total number of commissioned officers authorized to serve in 
        each grade by applying the grade distribution percentages established by 
        or under this section to the total number of commissioned officers 
        listed on the current active duty promotion list.
            ``(2) Rounding fractions.--Subject to subsection (a), in making the 
        computations under paragraph (1), any fraction shall be rounded to the 
        nearest whole number.
            ``(3) Treatment of officers serving outside coast guard.--The number 
        of commissioned officers on the active duty promotion list below the 
        rank of rear admiral (lower half) serving with other Federal departments 
        or agencies on a reimbursable basis or excluded under section 324(d) of 
        title 49 shall not be counted against the total number of commissioned 
        officers authorized to serve in each grade.
    ``(d) Use of Numbers; Temporary Increases.--The numbers resulting from 
computations under subsection (c) shall be, for all purposes, the authorized 
number in each grade; except that the authorized number for a grade is 
temporarily increased during the period between one computation and the next by 
the number of officers originally appointed in that grade during that period and 
the number of officers of that grade for whom vacancies exist in the next higher 
grade but whose promotion has been delayed for any reason.
    ``(e) Officers Serving Coast Guard Academy and Reserve.--The number of 
officers authorized to be serving on active duty in each grade of the permanent 
commissioned teaching staff of the Coast Guard Academy and of the Reserve 
serving in connection with organizing, administering, recruiting, instructing, 
or training the reserve components shall be prescribed by the Secretary.''.
    (b) Clerical Amendment.--The analysis for chapter 3 of such title is amended 
by striking the item relating to section 42 and inserting the following:

``42. Number and distribution of commissioned officers on active duty 
                            promotion list.''.

SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME (AFRH) 
              SYSTEM.

    (a) In General.--Section 1502 of the Armed Forces Retirement Home Act of 
1991 (24 U.S.C. 401) is amended--
            (1) by striking paragraph (4);
            (2) in paragraph (5)--
                    (A) by striking ``and'' at the end of subparagraph (C);
                    (B) by striking the period at the end of subparagraph (D) 
                and inserting ``; and''; and
                    (C) by inserting at the end the following:
                    ``(E) the Assistant Commandant of the Coast Guard for Human 
                Resources.''; and
            (3) by adding at the end of paragraph (6) the following:
                    ``(E) The Master Chief Petty Officer of the Coast Guard.''.
    (b) Conforming Amendments.--(1) Section 2772 of title 10, United States 
Code, is amended--
            (A) in subsection (a) by inserting ``or, in the case of the Coast 
        Guard, the Commandant'' after ``concerned''; and
            (B) by striking subsection (c).
    (2) Section 1007(i) of title 37, United States Code, is amended--
            (A) in paragraph (3) by inserting ``or, in the case of the Coast 
        Guard, the Commandant'' after ``Secretary of Defense'';
            (B) by striking paragraph (4); and
            (C) by redesignating paragraph (5) as paragraph (4).

SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

    Section 149 of title 14, United States Code, is amended by adding at the end 
the following:
    ``(c) Grants to International Maritime Organizations.--After consultation 
with the Secretary of State, the Commandant may make grants to, or enter into 
cooperative agreements, contracts, 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:
``Sec. 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:
``Sec. 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.

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:
``Sec. 7115. Merchant Mariner Medical Advisory Committee
    ``(a) Establishment.--
            ``(1) In general.--There is established a Merchant Mariner Medical 
        Advisory Committee (in this section referred to as the `Committee').
            ``(2) Functions.--The Committee shall advise the Secretary on 
        matters relating to--
                    ``(A) medical certification determinations for issuance of 
                licences, certificates of registry, and merchant mariners' 
                documents;
                    ``(B) medical standards and guidelines for the physical 
                qualifications of operators of commercial vessels;
                    ``(C) medical examiner education; and
                    ``(D) medical research.
    ``(b) Membership.--
            ``(1) In general.--The Committee shall consist of 14 members, none 
        of whom is a Federal employee, and shall include--
                    ``(A) ten who are health-care professionals with particular 
                expertise, knowledge, or experience regarding the medical 
                examinations of merchant mariners or occupational medicine; and
                    ``(B) four who are professional mariners with knowledge and 
                experience in mariner occupational requirements.
            ``(2) Status of members.--Members of the Committee shall not be 
        considered Federal employees or otherwise in the service or the 
        employment of the Federal Government, except that members shall be 
        considered special Government employees, as defined in section 202(a) of 
        title 18, United States Code, and shall be subject to any administrative 
        standards of conduct applicable to the employees of the department in 
        which the Coast Guard is operating.
    ``(c) Appointments; Terms; Vacancies.--
            ``(1) Appointments.--The Secretary shall appoint the members of the 
        Committee, and each member shall serve at the pleasure of the Secretary.
            ``(2) Terms.--Each member shall be appointed for a term of five 
        years, except that, of the members first appointed, three members shall 
        be appointed for a term of two years.
            ``(3) Vacancies.--Any member appointed to fill the vacancy prior to 
        the expiration of the term for which that member's predecessor was 
        appointed shall be appointed for the remainder of that term.
    ``(d) Chairman and Vice Chairman.--The Secretary shall designate one member 
of the Committee as the Chairman and one member as the Vice Chairman. The Vice 
Chairman shall act as Chairman in the absence or incapacity of, or in the event 
of a vacancy in the office of, the Chairman.
    ``(e) Compensation; Reimbursement.--Members of the Committee shall serve 
without compensation, except that, while engaged in the performance of duties 
away from their homes or regular places of business of the member, the member of 
the Committee may be allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5.
    ``(f) Staff; Services.--The Secretary shall furnish to the Committee the 
personnel and services as are considered necessary for the conduct of its 
business.''.
    (b) First Meeting.--No later than six months after the date of enactment of 
this Act, the Merchant Mariner Medical Advisory Committee established by the 
amendment made by this section shall hold its first meeting.
    (c) Clerical Amendment.--The analysis for chapter 71 of that title is 
amended by adding at the end the following:

``7115. Merchant Mariner Medical Advisory Committee.''.

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

    Section 214(a) of title 14, United States Code, is amended to read as 
follows:
    ``(a) The president may appoint temporary commissioned officers--
            ``(1) in the Regular Coast Guard in a grade, not above lieutenant, 
        appropriate to their qualifications, experience, and length of service, 
        as the needs of the Coast Guard may require, from among the commissioned 
        warrant officers, warrant officers, and enlisted members of the Coast 
        Guard, and from holders of licenses issued under chapter 71 of title 46; 
        and
            ``(2) in the Coast Guard Reserve in a grade, not above lieutenant, 
        appropriate to their qualifications, experience, and length of service, 
        as the needs of the Coast Guard may require, from among the commissioned 
        warrant officers of the Coast Guard Reserve.''.

SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

    Chapter 11 of title 14, United States Code, is amended--
            (1) in section 253(a)--
                    (A) by inserting ``and'' after ``considered,''; and
                    (B) by striking ``, and the number of officers the board may 
                recommend for promotion'';
            (2) in section 258--
                    (A) by inserting ``(a) In General.--'' before ``The 
                Secretary shall'' ;
                    (B) in subsection (a) (as so designated) by striking the 
                colon at the end of the material preceding paragraph (1) and 
                inserting ``--''; and
                    (C) by adding at the end the following:
    ``(b) Provision of Direction and Guidance.--
            ``(1) In addition to the information provided pursuant to subsection 
        (a), the Secretary may furnish the selection board--
                    ``(A) specific direction relating to the needs of the Coast 
                Guard for officers having particular skills, including direction 
                relating to the need for a minimum number of officers with 
                particular skills within a specialty; and
                    ``(B) any other guidance that the Secretary believes may be 
                necessary to enable the board to properly perform its functions.
            ``(2) Selections made based on the direction and guidance provided 
        under this subsection shall not exceed the maximum percentage of 
        officers who may be selected from below the announced promotion zone at 
        any given selection board convened under section 251 of this title.'';
            (3) in section 259(a), by inserting after ``whom the board'' the 
        following: ``, giving due consideration to the needs of the Coast Guard 
        for officers with particular skills so noted in specific direction 
        furnished to the board by the Secretary under section 258 of this 
        title,''; and
            (4) in section 260(b), by inserting after ``qualified for 
        promotion'' the following: ``to meet the needs of the service (as noted 
        in specific direction furnished the board by the Secretary under section 
        258 of this title)''.

SEC. 213. COAST GUARD VESSELS AND AIRCRAFT.

    (a) Authority To Fire At or Into a Vessel.--Section 637(c) of title 14, 
United States Code, is amended--
            (1) in paragraph (1), by striking ``; or'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) any other vessel or aircraft on government noncommercial 
        service when--
                    ``(A) the vessel or aircraft is under the tactical control 
                of the Coast Guard; and
                    ``(B) at least one member of the Coast Guard is assigned and 
                conducting a Coast Guard mission on the vessel or aircraft.''.
    (b) Authority To Display Coast Guard Ensigns and Pennants.--Section 638(a) 
of title 14, United States Code, is amended by striking ``Coast Guard vessels 
and aircraft'' and inserting ``Vessels and aircraft authorized by the 
Secretary''.

SEC. 214. COAST GUARD DISTRICT OMBUDSMEN.

    (a) In General.--Chapter 3 of title 14, United States Code, is amended by 
adding at the end the following new section:
``Sec. 55. District Ombudsmen
    ``(a) In General.--The Commandant shall appoint in each Coast Guard District 
a District Ombudsman to serve as a liaison between ports, terminal operators, 
shipowners, and labor representatives and the Coast Guard.
    ``(b) Purpose.--The purpose of the District Ombudsman shall be the 
following:
            ``(1) To support the operations of the Coast Guard in each port in 
        the District for which the District Ombudsman is appointed.
            ``(2) To improve communications between and among port stakeholders 
        including, port and terminal operators, ship owners, labor 
        representatives, and the Coast Guard.
            ``(3) To seek to resolve disputes between the Coast Guard and all 
        petitioners regarding requirements imposed or services provided by the 
        Coast Guard.
    ``(c) Functions.--
            ``(1) Complaints.--The District Ombudsman may examine complaints 
        brought to the attention of the District Ombudsman by a petitioner 
        operating in a port or by Coast Guard personnel.
            ``(2) Guidelines for disputes.--
                    ``(A) In general.--The District Ombudsman shall develop 
                guidelines regarding the types of disputes with respect to which 
                the District Ombudsman will provide assistance.
                    ``(B) Limitation.--The District Ombudsman shall not provide 
                assistance with respect to a dispute unless it involves the 
                impact of Coast Guard requirements on port business and the flow 
                of commerce.
                    ``(C) Priority.--In providing such assistance, the District 
                Ombudsman shall give priority to complaints brought by 
                petitioners who believe they will suffer a significant hardship 
                as the result of implementing a Coast Guard requirement or being 
                denied a Coast Guard service.
            ``(3) Consultation.--The District Ombudsman may consult with any 
        Coast Guard personnel who can aid in the investigation of a complaint.
            ``(4) Access to information.--The District Ombudsman shall have 
        access to any Coast Guard document, including any record or report, that 
        will aid the District Ombudsman in obtaining the information needed to 
        conduct an investigation of a complaint.
            ``(5) Reports.--At the conclusion of an investigation, the District 
        Ombudsman shall submit a report on the findings and recommendations of 
        the District Ombudsman, to the Commander of the District in which the 
        petitioner who brought the complaint is located or operating.
            ``(6) Deadline.--The District Ombudsman shall seek to resolve each 
        complaint brought in accordance with the guidelines--
                    ``(A) in a timely fashion; and
                    ``(B) not later than 4 months after the complaint is 
                officially accepted by the District Ombudsman.
    ``(d) Appointment.--The Commandant shall appoint as the District Ombudsman 
an individual who has experience in port and transportation systems and 
knowledge of port operations or of maritime commerce (or both).
    ``(e) Annual Reports.--The Secretary shall report annually to the Committee 
on Transportation and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate on the matters 
brought before the District Ombudsmen, including--
            ``(1) the number of matters brought before each District Ombudsman;
            ``(2) a brief summary of each such matter; and
            ``(3) the eventual resolution of each such matter.''.
    (b) Clerical Amendment.--The analysis at the beginning of that chapter is 
amended by adding at the end the following new item:

``55. District Ombudsmen.''.

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

    (a) In General.--Chapter 11 of title 14, United States Code, is amended by 
striking section 293 and inserting the following:
``Sec. 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.
    ``(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:
``Sec. 100. Enforcement of coastwise trade laws
    ``Officers and members of the Coast Guard are authorized to enforce chapter 
551 of title 46. The Secretary shall establish a program for these officers and 
members to enforce that chapter.''.
    (b) Clerical Amendment.--The analysis for that chapter is further amended by 
adding at the end the following new item:

``100. Enforcement of coastwise trade laws.''.
    (c) Report.--The Secretary of the department in which the Coast Guard is 
operating shall submit a report to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Senate Committee on 
Commerce, Science, and Transportation within 1 year after the date of enactment 
of this Act on the enforcement strategies and enforcement actions taken to 
enforce the coastwise trade laws.

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

    (a) In General.--Not later than January 15 of each year, the Commandant of 
the Coast Guard shall submit a report on the sexual assaults involving members 
of the Coast Guard to the Committee on Transportation and Infrastructure and the 
Committee on Homeland Security of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate.
    (b) Contents.--The report required under subsection (a) shall contain the 
following:
            (1) The number of sexual assaults against members of the Coast 
        Guard, and the number of sexual assaults by members of the Coast Guard, 
        that were reported to military officials during the year covered by such 
        report, and the number of the cases so reported that were substantiated.
            (2) A synopsis of, and the disciplinary action taken in, each 
        substantiated case.
            (3) The policies, procedures, and processes implemented by the 
        Secretary concerned during the year covered by such report in response 
        to incidents of sexual assault involving members of the Coast Guard 
        concerned.
            (4) A plan for the actions that are to be taken in the year 
        following the year covered by such report on the prevention of and 
        response to sexual assault involving members of the Coast Guard 
        concerned.

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

    Section 96 of title 14, United States Code, is amended--
            (1) by striking ``a State of the United States'' and inserting ``the 
        United States or Guam''; and
            (2) by inserting ``or Guam'' after ``outside the United States''.

SEC. 219. SUPPLEMENTAL POSITIONING SYSTEM.

    Not later than 180 days after date of enactment of this Act, the Secretary 
of the department in which the Coast Guard is operating in consultation with the 
Commandant of the Coast Guard shall conclude their study of whether a single, 
domestic system is needed as a back-up navigation system to the Global 
Positioning System and notify the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate the results of such determination.

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

    Section 149 of title 14, United States Code, as amended by section 206, is 
further amended by adding at the end the following:
    ``(d) Authorized Activities.--
            ``(1) The Commandant may use funds for--
                    ``(A) the activities of traveling contact teams, including 
                any transportation expense, translation services expense, or 
                administrative expense that is related to such activities;
                    ``(B) the activities of maritime authority liaison teams of 
                foreign governments making reciprocal visits to Coast Guard 
                units, including any transportation expense, translation 
                services expense, or administrative expense that is related to 
                such activities;
                    ``(C) seminars and conferences involving members of maritime 
                authorities of foreign governments;
                    ``(D) distribution of publications pertinent to engagement 
                with maritime authorities of foreign governments; and
                    ``(E) personnel expenses for Coast Guard civilian and 
                military personnel to the extent that those expenses relate to 
                participation in an activity described in subparagraph (C) or 
                (D).
            ``(2) An activity may not be conducted under this subsection with a 
        foreign country unless the Secretary of State approves the conduct of 
        such activity in that foreign country.''.

SEC. 221. COAST GUARD HOUSING.

    (a) In General.--Chapter 18 of title 14, United States Code, is amended--
            (1) in section 680--
                    (A) by striking paragraphs (1), (2), and (3) and inserting 
                the following new paragraphs:
            ``(1) The term `construct' means to build, renovate, or improve 
        military family housing and military unaccompanied housing.
            ``(2) The term `construction' means building, renovating, or 
        improving military family housing and military unaccompanied housing.''; 
        and
                    (B) by redesignating paragraphs (4) and (5) as paragraphs 
                (3) and (4), respectively;
            (2) in section 681(a)--
                    (A) in the matter preceding paragraph (1), by striking 
                ``exercise any authority or any combination of authorities 
                provided under this chapter in order to provide for the 
                acquisition or construction by private persons, including a 
                small business concern qualified under section 8(a) of the Small 
                Business Act (15 U.S.C. 637(a)), of the following:'' and 
                inserting ``acquire or construct the following:'';
                    (B) in paragraph (1), by striking ``Family housing units'' 
                and inserting ``Military family housing''; and
                    (C) in paragraph (2), by striking ``Unaccompanied housing 
                units'' and inserting ``Military unaccompanied housing'';
            (3) by repealing sections 682, 683, and 684;
            (4) by amending section 685 to read as follows:
``Sec. 685. Conveyance of real property
    ``(a) Conveyance Authorized.--Notwithstanding any other provision of law, 
the Secretary may convey, at fair market value, real property, owned or under 
the administrative control of the Coast Guard, for the purpose of expending the 
proceeds from such conveyance to acquire and construct military family housing 
and military unaccompanied housing.
    ``(b) Terms and Conditions.--
            ``(1) The conveyance of real property under this section shall be by 
        sale, for cash. The Secretary shall deposit the proceeds from the sale 
        in the Coast Guard Housing Fund established under section 687 of this 
        title, for the purpose of expending such proceeds to acquire and 
        construct military family housing and military unaccompanied housing.
            ``(2) The conveyance of real property under this section shall not 
        diminish the mission capacity of the Coast Guard, but further the 
        mission support capability of the Coast Guard with regard to military 
        family housing or military unaccompanied housing.
    ``(c) Relationship to Environmental Law.--This section does not affect or 
limit the application of or obligation to comply with any environmental law, 
including section 120(h) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).'';
            (5) by repealing section 686;
            (6) in section 687--
                    (A) in subsection (b)--
                            (i) in paragraph (2), by striking ``or 
                        unaccompanied'' and inserting ``or military 
                        unaccompanied'';
                            (ii) in paragraph (3)--
                                    (I) by striking ``or lease'';
                                    (II) by striking ``or facilities''; and
                                    (III) by striking ``military family and'' 
                                and inserting ``military family housing and''; 
                                and
                            (iii) by repealing paragraph (4);
                    (B) subsection (c), by amending paragraph (1) to read as 
                follows:(1) In such amounts as provided in appropriations Acts, 
                and except as provided in subsection (d), the Secretary may use 
                amounts in the Coast Guard Housing Fund to carry out activities 
                under this chapter with respect to military family housing and 
                military unaccompanied housing, including--
                    ``(A) the planning, execution, and administration of the 
                conveyance of real property;
                    ``(B) all necessary expenses, including expenses for 
                environmental compliance and restoration, to prepare real 
                property for conveyance; and
                    ``(C) the conveyance of real property.'';
                    (C) in subsection (e), by striking ``or (b)(3)''; and
                    (D) by repealing subsections (f) and (g);
            (7) by repealing 687a;
            (8) by amending section 688 to read as follows:
``Sec. 688. Reports
    ``The Secretary shall prepare and submit to Congress, concurrent with the 
budget submitted pursuant to section 1105 of title 31, a report identifying the 
contracts or agreements for the conveyance of properties pursuant to this 
chapter executed during the prior calendar year.''; and
            (9) by repealing section 689.
    (b) Savings Clause.--This section shall not affect any action commenced 
prior to the date of enactment of this Act.
    (c) Clerical Amendment.--The chapter analysis at the beginning of such 
chapter is amended--
            (1) by striking the items relating to sections 682, 683, 684, 686, 
        687a, and 689; and
            (2) by amending the item relating to section 685 to read as follows:

``685. Conveyance of real property.''.

SEC. 222. CHILD DEVELOPMENT SERVICES.

    Section 515 of title 14, United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b)(1) The Commandant is authorized to use appropriated funds available to 
the Coast Guard to provide child development services.
    ``(2)(A) The Commandant is authorized to establish, by regulations, fees to 
be charged parents for the attendance of children at Coast Guard child 
development centers.
    ``(B) Fees to be charged, pursuant to subparagraph (A), shall be based on 
family income, except that the Commandant may, on a case-by-base basis, 
establish fees at lower rates if such rates would not be competitive with rates 
at local child development centers.
    ``(C) The Commandant is authorized to collect and expend fees, established 
pursuant to this subparagraph, and such fees shall, without further 
appropriation, remain available until expended for the purpose of providing 
services, including the compensation of employees and the purchase of consumable 
and disposable items, at Coast Guard child development centers.
    ``(3) The Commandant is authorized to use appropriated funds available to 
the Coast Guard to provide assistance to family home daycare providers so that 
family home daycare services can be provided to uniformed service members and 
civilian employees of the Coast Guard at a cost comparable to the cost of 
services provided by Coast Guard child development centers.'';
            (2) by repealing subsections (d) and (e); and
            (3) by redesignating subsections (f) and (g) as subsections (d) and 
        (e), respectively.

SEC. 223. CHAPLAIN ACTIVITY EXPENSE.

    Section 145 of title 14, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and'' at the end;
                    (B) in paragraph (3), by striking the period at the end and 
                inserting ``; and''; and
                    (C) by adding at the end the following new paragraph:
            ``(4) detail personnel from the Chaplain Corps to provide services, 
        pursuant to section 1789 of title 10, to the Coast Guard.''; and
            (2) by adding at the end the following new subsection:
    ``(d)(1) As part of the services provided by the Secretary of the Navy 
pursuant to subsection (a)(4), the Secretary may provide support services to 
chaplain-led programs to assist members of the Coast Guard on active duty and 
their dependents, and members of the reserve component in an active status and 
their dependents, in building and maintaining a strong family structure.
    ``(2) In this subsection, the term `support services' include 
transportation, food, lodging, child care, supplies, fees, and training 
materials for members of the Coast Guard on active duty and their dependents, 
and members of the reserve component in an active status and their dependents, 
while participating in programs referred to in paragraph (1), including 
participation at retreats and conferences.
    ``(3) In this subsection, the term `dependents' has the same meaning as 
defined in section 1072(2) of title 10.''.

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

    (a) Coast Guard Cross.--Chapter 13 of title 14, United States Code, is 
amended by inserting after section 491 the following new section:
``Sec. 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 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:
``Sec. 492b. Distinguished flying cross'';
        and
            (2) by inserting after section 492 the following new section:
``Sec. 492a. Silver star medal
    ``The President may award a silver star medal of appropriate design, with 
ribbons and appurtenances, to a person who, while serving in any capacity with 
the Coast Guard, when the Coast Guard is not operating under the Department of 
the Navy, is cited for gallantry in action that does not warrant a medal of 
honor or Coast Guard cross--
            ``(1) while engaged in an action against an enemy of the United 
        States;
            ``(2) while engaged in military operations involving conflict with 
        an opposing foreign force or international terrorist organization; or
            ``(3) while serving with friendly foreign forces engaged in an armed 
        conflict against an opposing armed force in which the United States is 
        not a belligerent party.''.
    (c) Conforming Amendments.--Such chapter is further amended--
            (1) in section 494, by striking ``distinguished service medal, 
        distinguished flying cross,'' and inserting ``Coast Guard cross, 
        distinguished service medal, silver star medal, distinguished flying 
        cross,'' in both places it appears;
            (2) in section 496--
                    (A) in the matter preceding paragraph (1) of subsection (a), 
                by striking ``distinguished service medal, distinguished flying 
                cross,'' and inserting ``Coast Guard cross, distinguished 
                service medal, silver star medal, distinguished flying cross,''; 
                and
                    (B) in subsection (b)(2), by striking ``distinguished 
                service medal, distinguished flying cross,'' and inserting 
                ``Coast Guard cross, distinguished service medal, silver star 
                medal, distinguished flying cross,''; and
            (3) in section 497, by striking ``distinguished service medal, 
        distinguished flying cross,'' and inserting ``Coast Guard cross, 
        distinguished service medal, silver star medal, distinguished flying 
        cross,''.
    (d) Clerical Amendments.--The analysis at the beginning of such chapter is 
amended--
            (1) by inserting after the item relating to section 491 the 
        following new item:

``491a. Coast Guard cross.''.
            (2) by striking the item relating to section 492a and inserting the 
        following new items:

``492a. Silver star medal.
``492b. Distinguished flying cross.''.

                       TITLE III--SHIPPING AND NAVIGATION

SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.

    Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 
471) is amended--
            (1) by striking ``That the'' and inserting the following:
    ``(a) In General.--The''.
            (2) in subsection (a) (as designated by paragraph (1)) by striking 
        ``$100; and the'' and inserting ``up to $10,000. Each day during which a 
        violation continues shall constitute a separate violation. The''; and
            (3) by adding at the end the following:
    ``(b) Definition.--As used in this section `navigable waters of the United 
States' includes all waters of the territorial sea of the United States as 
described in Presidential Proclamation No. 5928 of December 27, 1988.''.

SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT 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 subsection shall not be considered a conviction for 
        purposes of State or Federal law but may be considered proof of 
        possession if such a determination is relevant.''.

SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

    (a) Definitions.--Section 14101(4) of title 46, United States Code, is 
amended--
            (1) by striking ``engaged'' the first place it appears and inserting 
        ``that engages'';
            (2) in subparagraph (A), by striking ``arriving'' and inserting 
        ``that arrives'';
            (3) in subparagraph (B)--
                    (A) by striking ``making'' and inserting ``that makes''; and
                    (B) by striking ``(except a foreign vessel engaged on that 
                voyage)'';
            (4) in subparagraph (C), by striking ``departing'' and inserting 
        ``that departs''; and
            (5) in subparagraph (D), by striking ``making'' and inserting ``that 
        makes''.
    (b) Delegation of Authority.--Section 14103(c) of that title is amended by 
striking ``intended to be engaged on'' and inserting ``that engages on''.
    (c) Application.--Section 14301 of that title is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Except as otherwise provided in this section, this chapter applies to 
any vessel for which the application of an international agreement or other law 
of the United States to the vessel depends on the vessel's tonnage.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking the period at the end and 
                inserting ``, unless the government of the country to which the 
                vessel belongs elects to measure the vessel under this 
                chapter.'';
                    (B) in paragraph (3), by inserting ``of United States or 
                Canadian registry or nationality, or a vessel operated under the 
                authority of the United States or Canada, and that is'' after 
                ``vessel'';
                    (C) in paragraph (4), by striking ``a vessel (except a 
                vessel engaged'' and inserting ``a vessel of United States 
                registry or nationality, or one operated under the authority of 
                the United States (except a vessel that engages'';
                    (D) by striking paragraph (5);
                    (E) by redesignating paragraph (6) as paragraph (5); and
                    (F) by amending paragraph (5), as so redesignated, to read 
                as follows:
            ``(5) a barge of United States registry or nationality, or a barge 
        operated under the authority of the United States (except a barge that 
        engages on a foreign voyage) unless the owner requests.'';
            (3) by striking subsection (c);
            (4) by redesignating subsections (d) and (e) as subsections (c) and 
        (d), respectively; and
            (5) in subsection (c), as redesignated, by striking ``After July 18, 
        1994, an existing vessel (except an existing vessel referred to in 
        subsection (b)(5)(A) or (B) of this section)'' and inserting ``An 
        existing vessel that has not undergone a change that the Secretary finds 
        substantially affects the vessel's gross tonnage (or a vessel to which 
        IMO Resolutions A.494 (XII) of November 19, 1981, A.540 (XIII) of 
        November 17, 1983, or A.541 (XIII) of November 17, 1983, apply)''.
    (d) Measurement.--Section 14302(b) of that title is amended to read as 
follows:
    ``(b) A vessel measured under this chapter may not be required to be 
measured under another law.''.
    (e) Tonnage Certificate.--
            (1) Issuance.--Section 14303 of title 46, United States Code, is 
        amended--
                    (A) in subsection (a), by adding at the end the following: 
                ``For a vessel to which the Convention does not apply, the 
                Secretary shall prescribe a certificate to be issued as evidence 
                of a vessel's measurement under this chapter.'';
                    (B) in subsection (b), by inserting ``issued under this 
                section'' after ``certificate''; and
                    (C) in the section heading by striking ``International'' and 
                ``(1969)''.
            (2) Maintenance.--Section 14503 of that title is amended--
                    (A) by designating the existing text as subsection (a); and
                    (B) by adding at the end the following new subsection:
    ``(b) The certificate shall be maintained as required by the Secretary.''.
            (3) Clerical amendment.--The analysis at the beginning of chapter 
        143 of that title is amended by striking the item relating to section 
        14303 and inserting the following:

``14303. Tonnage Certificate.''.
    (f) Optional Regulatory Measurement.--Section 14305(a) of that title is 
amended by striking ``documented vessel measured under this chapter,'' and 
inserting ``vessel measured under this chapter that is of United States registry 
or nationality, or a vessel operated under the authority of the United 
States,''.
    (g) Application.--Section 14501 of that title is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) A vessel not measured under chapter 143 of this title if the 
        application of an international agreement or other law of the United 
        States to the vessel depends on the vessel's tonnage.''; and
            (2) in paragraph (2), by striking ``a vessel'' and inserting ``A 
        vessel''.
    (h) Dual Tonnage Measurement.--Section 14513(c) of that title is amended--
            (1) in paragraph (1)--
                    (A) by striking ``vessel's tonnage mark is below the 
                uppermost part of the load line marks,'' and inserting ``vessel 
                is assigned two sets of gross and net tonnages under this 
                section,''; and
                    (B) by inserting ``vessel's tonnage'' before ``mark'' the 
                second place such term appears; and
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``as assigned under this section.''.
    (i) Reciprocity for Foreign Vessels.--Subchapter II of chapter 145 of that 
title is amended by adding at the end the following:
``Sec. 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
            (2) a report on the feasibility of, and a timeline to, redesign the 
        merchant mariner document to comply with the requirements of such 
        section, including a biometric identifier, and all relevant 
        international conventions, including the International Labour 
        Organization Convention Number 185 concerning the seafarers identity 
        document, and include a review on whether or not such redesign will 
        eliminate the need for separate identity credentials and background 
        screening and streamline the application process for mariners.

SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION PROJECT.

    (a) Study.--The Commandant of the Coast Guard, in conjunction with the 
Administrator of the Environmental Protection Agency, shall conduct a study--
            (1) that surveys new technology and new applications of existing 
        technology for reducing air emissions from cargo or passenger vessels 
        that operate in United States waters and ports; and
            (2) that identifies the impediments, including any laws or 
        regulations, to demonstrating the technology identified in paragraph 
        (1).
    (b) Report.--Within 180 days after the date of enactment of this Act, the 
Commandant shall submit a report on the results of the study conducted under 
subsection (a) to the Committee on Transportation and Infrastructure and the 
Committee on Energy and Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transportation and the Committee on 
Environment and Public Works of the Senate.

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

    (a) In General.--Notwithstanding section 12111(d) of title 46, United States 
Code, foreign-flag vessels may be chartered by, or on behalf of, a lessee to be 
employed for the setting, relocation, or recovery of anchors or other mooring 
equipment of a mobile offshore drilling unit that is located over the Outer 
Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331(a)) for operations in support of exploration, or flow-
testing and stimulation of wells, for offshore mineral or energy resources in 
the Beaufort Sea or the Chukchi Sea adjacent to Alaska--
            (1) for a 1-year period from the date the lessee gives the Secretary 
        of Transportation written notice of the commencement of such exploration 
        drilling if the Secretary determines, after publishing notice in the 
        Federal Register, that insufficient vessels documented under section 
        12111(d) of title 46, United States Code, are reasonably available and 
        suitable for these support operations and all such reasonably available 
        and suitable vessels are employed in support of such operations; and
            (2) for an additional period until such vessels are available if the 
        Secretary of Transportation determines--
                    (A) that, by April 30 of the year following the commencement 
                of exploration drilling, the lessee has entered into a binding 
                agreement to employ a suitable vessel or vessels to be 
                documented under section 12111(d) of title 46, United States 
                Code, in sufficient numbers and with sufficient suitability to 
                replace any foreign-flag vessel or vessels operating under this 
                section; and
                    (B) after publishing notice in the Federal Register, that 
                insufficient vessels documented under section 12111(d) of title 
                46, United States Code, are reasonably available and suitable 
                for these support operations and all such reasonably available 
                and suitable vessels are employed in support of such operations.
    (b) Expiration.--Irrespective of the year in which the commitment referred 
to in subsection (a)(2)(A) occurs, foreign-flag anchor handling vessels may not 
be employed for the setting, relocation, or recovery of anchors or other mooring 
equipment of a mobile offshore drilling unit after December 31, 2017.
    (c) Lessee Defined.--In this section, the term ``lessee'' means the holder 
of a lease (as defined in section 1331(c) of title 43, United States Code), who, 
prior to giving the written notice in subsection (a)(1), has entered into a 
binding agreement to employ a suitable vessel documented or to be documented 
under 12111(d) of title 46, United States Code.
    (d) Savings Provision.--Nothing in subsection (a) may be construed to 
authorize the employment in the coastwise trade of a vessel that does not meet 
the requirements of 12111 of title 46, United States Code.

SEC. 307. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION.

    (a) Purpose.--The purpose of this section is to ensure safe and secure 
maritime shipping in the Arctic including the availability of aids to 
navigation, vessel escorts, spill response capability, and maritime search and 
rescue in the Arctic.
    (b) International Maritime Organization Agreements.--To carry out the 
purpose of this section, the Secretary of the department in which the Coast 
Guard is operating is encouraged to enter into negotiations through the 
International Maritime Organization to conclude and execute agreements to 
promote coordinated action among the United States, Russia, Canada, Iceland, 
Norway, and Denmark and other seafaring and Arctic nations to ensure, in the 
Arctic--
            (1) placement and maintenance of aids to navigation;
            (2) appropriate marine safety, tug, and salvage capabilities;
            (3) oil spill prevention and response capability;
            (4) maritime domain awareness, including long-range vessel tracking; 
        and
            (5) search and rescue.
    (c) Coordination by Committee on the Maritime Transportation System.--The 
Committee on the Maritime Transportation System established under a directive of 
the President in the Ocean Action Plan, issued December 17, 2004, shall 
coordinate the establishment of domestic transportation policies in the Arctic 
necessary to carry out the purpose of this section.
    (d) Agreements and Contracts.--The Secretary of the department in which the 
Coast Guard is operating may, subject to the availability of appropriations, 
enter into cooperative agreements, contracts, or other agreements with, or make 
grants to individuals and governments to carry out the purpose of this section 
or any agreements established under subsection (b).
    (e) Icebreaking.--The Secretary of the department in which the Coast Guard 
is operating shall promote safe maritime navigation by means of icebreaking 
where necessary, feasible, and effective to carry out the purposes of this 
section.
    (f) Independent Ice Breaker Analyses.--
            (1) In general.--Not later than 90 days after the date of enactment 
        of this Act, the Secretary of the department in which the Coast Guard is 
        operating shall require a nongovernmental, independent third party 
        (other than the National Academy of Sciences) that has extensive 
        experience in the analysis of military procurements, to--
                    (A) conduct a comparative cost-benefit analysis, taking into 
                account future Coast Guard budget projections (which assume 
                Coast Guard budget growth of no more than inflation) and other 
                recapitalization needs, of--
                            (i) rebuilding, renovating, or improving the 
                        existing fleet of polar icebreakers for operation by the 
                        Coast Guard;
                            (ii) constructing new polar icebreakers for 
                        operation by the Coast Guard;
                            (iii) construction of new polar icebreakers by the 
                        National Science Foundation for operation by the 
                        Foundation;
                            (iv) rebuilding, renovating, or improving the 
                        existing fleet of polar icebreakers by the National 
                        Science Foundation for operation by the Foundation; and
                            (v) any combination of the activities described in 
                        clause (i), (ii), (iii), or (iv) to carry out the 
                        missions of the Coast Guard and the National Science 
                        Foundation; and
                    (B) conduct a comprehensive analysis of the impact on all 
                Coast Guard activities, including operations, maintenance, 
                procurements, and end strength, of the acquisition of polar 
                icebreakers described in subparagraph (A) by the Coast Guard or 
                the National Science Foundation assuming that total Coast Guard 
                funding will not increase more than the annual rate of 
                inflation.
            (2) Report.--Not later than 1 year after the date of enactment of 
        this Act, the Secretary of the department in which the Coast Guard is 
        operating shall submit a report containing the results of the analyses 
        required under paragraph (1), together with recommendations the 
        Commandant considers appropriate under section 93(a)(24) of title 14, 
        United States Code, to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives.
    (g) High-Latitude Study.--Not later than 90 days after the date of enactment 
of this Act or the date of completion of the ongoing High-Latitude Study to 
assess polar icebreaking mission requirements for all Coast Guard missions 
including search and rescue, marine pollution response and prevention, fisheries 
enforcement, and maritime commerce, whichever occurs later, the Commandant of 
the Coast Guard shall submit a report containing the results of the study, 
together with recommendations the Commandant considers appropriate under section 
93(a)(24) of title 14, United States Code, to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives.
    (h) Arctic Definition.--In this section the term ``Arctic'' has the same 
meaning as in section 112 of the Arctic Research and Policy Act of 1984 (15 
U.S.C. 4111).

                          TITLE IV--ACQUISITION REFORM

SEC. 401. CHIEF ACQUISITION OFFICER.

    (a) In General.--Chapter 3 of title 14, United States Code, is further 
amended by adding at the end the following:
``Sec. 56. Chief Acquisition Officer
    ``(a) In General.--There shall be in the Coast Guard a Chief Acquisition 
Officer selected by the Commandant who shall be a Rear Admiral or civilian from 
the Senior Executive Service (career reserved) and who meets the qualifications 
set forth under subsection (b). The Chief Acquisition Officer shall serve at the 
Assistant Commandant level and have acquisition management as that individual's 
primary duty.
    ``(b) Qualifications.--
            ``(1) The Chief Acquisition Officer and any flag officer serving in 
        the Acquisition Directorate shall be an acquisition professional with a 
        Level III acquisition management certification and must have at least 10 
        years experience in an acquisition position, of which at least 4 years 
        were spent as--
                    ``(A) the program executive officer;
                    ``(B) the program manager of a Level 1 or Level 2 
                acquisition project or program;
                    ``(C) the deputy program manager of a Level 1 or Level 2 
                acquisition;
                    ``(D) the project manager of a Level 1 or Level 2 
                acquisition; or
                    ``(E) any other acquisition position of significant 
                responsibility in which the primary duties are supervisory or 
                management duties.
            ``(2) The Commandant shall periodically publish a list of the 
        positions designated under paragraph (1).
            ``(3) In this subsection each of the terms `Level 1 acquisition' and 
        `Level 2 acquisition' has the meaning that term has in chapter 15 of 
        this title.
    ``(c) Functions of the Chief Acquisition Officer.--The functions of the 
Chief Acquisition Officer include--
            ``(1) monitoring the performance of acquisition projects and 
        programs on the basis of applicable performance measurements and 
        advising the Commandant, through the chain of command, regarding the 
        appropriate business strategy to achieve the missions of the Coast 
        Guard;
            ``(2) maximizing the use of full and open competition at the prime 
        contract and subcontract levels in the acquisition of property, 
        capabilities, assets, and services by the Coast Guard by establishing 
        policies, procedures, and practices that ensure that the Coast Guard 
        receives a sufficient number of sealed bids or competitive proposals 
        from responsible sources to fulfill the Government's requirements, 
        including performance and delivery schedules, at the lowest cost or best 
        value considering the nature of the property, capability, asset, or 
        service procured;
            ``(3) making acquisition decisions in concurrence with the technical 
        authority, or technical authorities, of the Coast Guard, as designated 
        by the Commandant, consistent with all other applicable laws and 
        decisions establishing procedures within the Coast Guard;
            ``(4) ensuring the use of detailed performance specifications in 
        instances in which performance-based contracting is used;
            ``(5) managing the direction of acquisition policy for the Coast 
        Guard, including implementation of the unique acquisition policies, 
        regulations, and standards of the Coast Guard;
            ``(6) developing and maintaining an acquisition career management 
        program in the Coast Guard to ensure that there is an adequate 
        acquisition workforce;
            ``(7) assessing the requirements established for Coast Guard 
        personnel regarding knowledge and skill in acquisition resources and 
        management and the adequacy of such requirements for facilitating the 
        achievement of the performance goals established for acquisition 
        management;
            ``(8) developing strategies and specific plans for hiring, training, 
        and professional development; and
            ``(9) reporting to the Commandant, through the chain of command, on 
        the progress made in improving acquisition management capability.''.
    (b) Clerical Amendment.--The table of contents for chapter 3 of title 14, 
United States Code, is amended by adding at the end the following:

``56. Chief Acquisition Officer.''.
    (c) Selection Deadline.--As soon as practicable after the date of enactment 
of this Act, but no later than October 1, 2011, the Commandant of the Coast 
Guard shall select a Chief Acquisition Officer under section 56 of title 14, 
United States Code, as amended by this section.
    (d) Special Rate Supplements.--
            (1) Requirement to establish.--Not later than 1 year after the date 
        of enactment of this Act and in accordance with part 9701.333 of title 
        5, Code of Federal Regulations, the Commandant of the Coast Guard shall 
        establish special rate supplements that provide higher pay levels for 
        employees necessary to carry out the amendment made by this section.
            (2) Subject to appropriations.--The requirement under paragraph (1) 
        is subject to the availability of appropriations.
    (e) Elevation of Disputes to the Chief Acquisition Officer.--If, after 90 
days following the elevation to the Chief Acquisition Officer of any design or 
other dispute regarding Level 1 or Level 2 acquisition, the dispute remains 
unresolved, the Commandant shall provide to the appropriate congressional 
committees a detailed description of the issue and the rationale underlying the 
decision taken by the Chief Acquisition Officer to resolve the issue.

SEC. 402. ACQUISITIONS.

    (a) In General.--Part I of title 14, United States Code, is amended by 
inserting after chapter 13 the following:

                       ``Chapter 15--Acquisitions

                   ``subchapter i--general provisions

``Sec.
``561. Acquisition directorate.
``562. Improvements in Coast Guard acquisition management.
``563. Recognition of Coast Guard personnel for excellence in 
                            acquisition.
``564. Prohibition on use of lead systems integrators.
``565. Required contract terms.
``566. Department of Defense consultation.
``567. Undefinitized contractual actions.
``568. Guidance on excessive pass-through charges.
``569. Report on former Coast Guard officials employed by contractors 
                            to the agency.
      ``subchapter ii--improved acquisition process and procedures

``Sec.
``571. Identification of major system acquisitions.
``572. Acquisition.
``573. Preliminary development and demonstration.
``574. Acquisition, production, deployment, and support.
``575. Acquisition program baseline breach.
``576. Acquisition approval authority.
                      ``subchapter iii--definitions

``581. Definitions.

                       ``SUBCHAPTER I--GENERAL PROVISIONS

``Sec. 561. Acquisition directorate
    ``(a) Establishment.--The Commandant of the Coast Guard shall establish an 
acquisition directorate to provide guidance and oversight for the implementation 
and management of all Coast Guard acquisition processes, programs, and projects.
    ``(b) Mission.--The mission of the acquisition directorate is--
            ``(1) to acquire and deliver assets and systems that increase 
        operational readiness, enhance mission performance, and create a safe 
        working environment; and
            ``(2) to assist in the development of a workforce that is trained 
        and qualified to further the Coast Guard's missions and deliver the 
        best-value products and services to the Nation.
``Sec. 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.--
            ``(1) Issuance of guidance.--Not later than one year after the date 
        of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 
        and 2011, the Commandant shall issue guidance to address the 
        qualifications, resources, responsibilities, tenure, and accountability 
        of program and project managers for the management of acquisition 
        projects and programs. The guidance shall address, at a minimum--
                    ``(A) the qualifications required for project or program 
                managers, including the number of years of acquisition 
                experience and the professional training levels to be required 
                of those appointed to project or program management positions;
                    ``(B) authorities available to project or program managers, 
                including, to the extent appropriate, the authority to object to 
                the addition of new program requirements that would be 
                inconsistent with the parameters established for an acquisition 
                program; and
                    ``(C) the extent to which a project or program manager who 
                initiates a new acquisition project or program will continue in 
                management of that project or program without interruption until 
                the delivery of the first production units of the program.
            ``(2) Strategy.--
                    ``(A) In general.--Not later than 18 months after the date 
                of enactment of this section, the Commandant shall develop a 
                comprehensive strategy for enhancing the role of Coast Guard 
                project or program managers in developing and carrying out 
                acquisition programs.
                    ``(B) Matters to be addressed.--The strategy required by 
                this section shall address, at a minimum--
                            ``(i) the creation of a specific career path and 
                        career opportunities for individuals who are or may 
                        become project or program managers, including the 
                        rotational assignments that will be provided to project 
                        or program managers;
                            ``(ii) the provision of enhanced training and 
                        educational opportunities for individuals who are or may 
                        become project or program managers;
                            ``(iii) the provision of mentoring support to 
                        current and future project or program managers by 
                        experienced senior executives and program managers 
                        within the Coast Guard, and through rotational 
                        assignments to the Department of Defense;
                            ``(iv) the methods by which the Coast Guard will 
                        collect and disseminate best practices and lessons 
                        learned on systems acquisition to enhance project and 
                        program management throughout the Coast Guard;
                            ``(v) the templates and tools that will be used to 
                        support improved data gathering and analysis for project 
                        and program management and oversight purposes, including 
                        the metrics that will be utilized to assess the 
                        effectiveness of Coast Guard project or program managers 
                        in managing systems acquisition efforts; and
                            ``(vi) the methods by which the accountability of 
                        project or program managers for the results of 
                        acquisition projects and programs will be increased.
    ``(c) Acquisition Workforce.--
            ``(1) In general.--The Commandant shall designate a sufficient 
        number of positions to be in the Coast Guard's acquisition workforce to 
        perform acquisition-related functions at Coast Guard headquarters and 
        field activities.
            ``(2) Required positions.--In designating positions under subsection 
        (a), the Commandant shall include, at a minimum, positions encompassing 
        the following competencies and functions:
                    ``(A) Program management.
                    ``(B) Systems planning, research, development, engineering, 
                and testing.
                    ``(C) Procurement, including contracting.
                    ``(D) Industrial and contract property management.
                    ``(E) Life-cycle logistics.
                    ``(F) Quality control and assurance.
                    ``(G) Manufacturing and production.
                    ``(H) Business, cost estimating, financial management, and 
                auditing.
                    ``(I) Acquisition education, training, and career 
                development.
                    ``(J) Construction and facilities engineering.
                    ``(K) Testing and evaluation.
            ``(3) Acquisition management headquarter activities.--The Commandant 
        shall also designate as positions in the acquisition workforce under 
        paragraph (1) those acquisition-related positions located at Coast Guard 
        headquarters units.
            ``(4) Appropriate expertise required.--The Commandant shall ensure 
        that each individual assigned to a position in the acquisition workforce 
        has the appropriate expertise to carry out the responsibilities of that 
        position.
    ``(d) Management Information System.--
            ``(1) In general.--The Commandant shall establish a management 
        information system capability to improve acquisition workforce 
        management and reporting.
            ``(2) Information maintained.--Information maintained with such 
        capability shall include the following standardized information on 
        individuals assigned to positions in the workforce:
                    ``(A) Qualifications, assignment history, and tenure of 
                those individuals assigned to positions in the acquisition 
                workforce or holding acquisition-related certifications.
                    ``(B) Promotion rates for officers and members of the Coast 
                Guard in the acquisition workforce.
    ``(e) Report on Adequacy of Acquisition Workforce.--
            ``(1) In general.--The Commandant shall report to the appropriate 
        congressional committees and the Committee on Homeland Security of the 
        House of Representatives by July 1 of each year on the scope of the 
        acquisition activities to be performed in the next fiscal year and on 
        the adequacy of the current acquisition workforce to meet that 
        anticipated workload.
            ``(2) Contents.--The report shall--
                    ``(A) specify the number of officers, members, and employees 
                of the Coast Guard currently and planned to be assigned to each 
                position designated under subsection (c); and
                    ``(B) identify positions that are understaffed to meet the 
                anticipated acquisition workload, and actions that will be taken 
                to correct such understaffing.
    ``(f) Appointments to Acquisition Positions.--The Commandant shall ensure 
that no requirement or preference for officers or members of the Coast Guard is 
used in the consideration of persons for positions in the acquisition workforce.
    ``(g) Career Paths.--
            ``(1) Identification of career paths.--To establish acquisition 
        management as a core competency of the Coast Guard, the Commandant 
        shall--
                    ``(A) ensure that career paths for officers, members, and 
                employees of the Coast Guard who wish to pursue careers in 
                acquisition are identified in terms of the education, training, 
                experience, and assignments necessary for career progression of 
                those officers, members, and employees to the most senior 
                positions in the acquisition workforce; and
                    ``(B) publish information on such career paths.
            ``(2) Promotion parity.--The Commandant shall ensure that promotion 
        parity is established for officers and members of the Coast Guard who 
        have been assigned to the acquisition workforce relative to officers and 
        members who have not been assigned to the acquisition workforce.
``Sec. 563. Recognition of Coast Guard personnel for excellence in acquisition
    ``(a) In General.--Not later than 180 days after the date of enactment of 
the Coast Guard Authorization Act for Fiscal Years 2010 and 2011, the Commandant 
shall commence implementation of a program to recognize excellent performance by 
individuals and teams comprised of officers, members, and employees of the Coast 
Guard that contributed to the long-term success of a Coast Guard acquisition 
project or program.
    ``(b) Elements.--The program shall include--
            ``(1) specific award categories, criteria, and eligibility and 
        manners of recognition;
            ``(2) procedures for the nomination by personnel of the Coast Guard 
        of individuals and teams comprised of officers, members, and employees 
        of the Coast Guard for recognition under the program; and
            ``(3) procedures for the evaluation of nominations for recognition 
        under the program by one or more panels of individuals from the 
        Government, academia, and the private sector who have such expertise and 
        are appointed in such manner as the Commandant shall establish for the 
        purposes of this program.
    ``(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.
``Sec. 564. Prohibition on use of lead systems integrators
    ``(a) In General.--
            ``(1) Use of lead systems integrator.--Except as provided in 
        subsection (b), the Commandant may not use a private sector entity as a 
        lead systems integrator for an acquisition contract awarded or delivery 
        order or task order issued after the date of enactment of the Coast 
        Guard Authorization Act for Fiscal Years 2010 and 2011.
            ``(2) Full and open competition.--The Commandant and any lead 
        systems integrator engaged by the Coast Guard, pursuant to the 
        exceptions described in subsection (b), shall use full and open 
        competition for any acquisition contract awarded after the date of 
        enactment of that Act, unless otherwise excepted in accordance with 
        Federal acquisition laws and regulations promulgated under those laws, 
        including the Federal Acquisition Regulation.
            ``(3) No effect on small business act.--Nothing in this subsection 
        shall be construed to supersede or otherwise affect the authorities 
        provided by and under the Small Business Act (15 U.S.C. 631 et seq.).
    ``(b) Exceptions.--
            ``(1) National distress and response system 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--
                    ``(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 
subcontractor for any acquisition may have a financial interest in a 
subcontractor below the Tier 1 subcontractor level unless--
            ``(1) the subcontractor was selected by the prime contractor through 
        full and open competition for such procurement;
            ``(2) the procurement was awarded by the lead systems integrator or 
        a subcontractor through full and open competition;
            ``(3) the procurement was awarded by a subcontractor through a 
        process over which the lead systems integrator and a Tier 1 
        subcontractor exercised no control; or
            ``(4) the Commandant has determined that the procurement was awarded 
        in a manner consistent with Federal acquisition laws and regulations 
        promulgated under those laws, including the Federal Acquisition 
        Regulation.
    ``(d) Termination Date for Exceptions.--Except as described in subsection 
(b)(1), the Commandant may not use a private sector entity as a lead systems 
integrator for acquisition contracts awarded, or task orders or delivery orders 
issued, after the earlier of--
            ``(1) September 30, 2011; or
            ``(2) the date on which the Commandant certifies in writing to the 
        appropriate congressional committees that the Coast Guard has available 
        and can retain sufficient acquisition workforce personnel and expertise 
        within the Coast Guard, through an arrangement with other Federal 
        agencies, or through contracts or other arrangements with private sector 
        entities, to perform the functions and responsibilities of the lead 
        systems integrator in an efficient and cost-effective manner.
``Sec. 565. Required contract terms
    ``(a) In General.--The Commandant shall ensure that a contract awarded or a 
delivery order or task order issued for an acquisition of a capability or an 
asset with an expected service life of 10 or more years and with a total 
acquisition cost that is equal to or exceeds $10,000,000 awarded or issued by 
the Coast Guard after the date of enactment of the Coast Guard Authorization Act 
for Fiscal Years 2010 and 2011--
            ``(1) provides that all certifications for an end-state capability 
        or asset under such contract, delivery order, or task order, 
        respectively, will be conducted by the Commandant or an independent 
        third party, and that self-certification by a contractor or 
        subcontractor is not allowed;
            ``(2) provides that the Commandant shall maintain the authority to 
        establish, approve, and maintain technical requirements;
            ``(3) requires that any measurement of contractor and subcontractor 
        performance be based on the status of all work performed, including the 
        extent to which the work performed met all performance, cost, and 
        schedule requirements;
            ``(4) specifies that, for the acquisition or upgrade of air, 
        surface, or shore capabilities and assets for which compliance with 
        TEMPEST certification is a requirement, the standard for determining 
        such compliance will be the air, surface, or shore standard then used by 
        the Department of the Navy for that type of capability or asset; and
            ``(5) for any contract awarded to acquire an Offshore Patrol Cutter, 
        includes provisions specifying the service life, fatigue life, and days 
        underway in general Atlantic and North Pacific Sea conditions, maximum 
        range, and maximum speed the cutter will be built to achieve.
    ``(b) Prohibited Provisions.--
            ``(1) In general.--The Commandant shall ensure that any contract 
        awarded or delivery order or task order issued by the Coast Guard after 
        the date of enactment of the Coast Guard Authorization Act of 2010 does 
        not include any provision allowing for equitable adjustment that is not 
        consistent with the Federal Acquisition Regulations.
            ``(2) Extension of program.--A contract, contract modification, or 
        award term extending a contract with a lead systems integrator--
                    ``(A) may not include any minimum requirements for the 
                purchase of a given or determinable number of specific 
                capabilities or assets; and
                    ``(B) shall be reviewed by an independent third party with 
                expertise in acquisition management, and the results of that 
                review shall be submitted to the appropriate congressional 
                committees at least 60 days prior to the award of the contract, 
                contract modification, or award term.
    ``(c) Integrated Product Teams.--Integrated product teams, and all teams 
that oversee integrated product teams, shall be chaired by officers, members, or 
employees of the Coast Guard.
    ``(d) Technical Authority.--The Commandant shall maintain or designate the 
technical authority to establish, approve, and maintain technical requirements. 
Any such designation shall be made in writing and may not be delegated to the 
authority of the Chief Acquisition Officer established by section 56 of this 
title.
``Sec. 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, Development, and Acquisition, including Naval Systems Command, 
        to facilitate the development of organic capabilities in the Coast 
        Guard.
    ``(c) Technical Requirement Approval Procedures.--The Chief Acquisition 
Officer shall adopt, to the extent practicable, procedures modeled after those 
used by the Navy Senior Acquisition Official to approve all technical 
requirements.
    ``(d) Assessment.--Within 180 days after the date of enactment of the Coast 
Guard Authorization Act for fiscal years 2010 and 2011, the Comptroller General 
of the United States shall transmit a report to the appropriate congressional 
committees that--
            ``(1) contains an assessment of current Coast Guard acquisition and 
        management capabilities to manage Level 1 and Level 2 acquisitions;
            ``(2) includes recommendations as to how the Coast Guard can improve 
        its acquisition management, either through internal reforms or by 
        seeking acquisition expertise from the Department of Defense; and
            ``(3) addresses specifically the question of whether the Coast Guard 
        can better leverage Department of Defense or other agencies' contracts 
        that would meet the needs of Level 1 or Level 2 acquisitions in order to 
        obtain the best possible price.
``Sec. 567. Undefinitized contractual actions
    ``(a) In General.--The Coast Guard may not enter into an undefinitized 
contractual action unless such action is directly approved by the Head of 
Contracting Activity of the Coast Guard.
    ``(b) Requests for Undefinitized Contractual Actions.--Any request to the 
Head of Contracting Activity for approval of an undefinitized contractual action 
shall include a description of the anticipated effect on requirements of the 
Coast Guard if a delay is incurred for the purposes of determining contractual 
terms, specifications, and price before performance is begun under the 
contractual action.
    ``(c) Requirements for Undefinitized Contractual Actions.--
            ``(1) Deadline for agreement on terms, specifications, and price.--A 
        contracting officer of the Coast Guard may not enter into an 
        undefinitized contractual action unless the contractual action provides 
        for agreement upon contractual terms, specification, and price by the 
        earlier of--
                    ``(A) the end of the 180-day period beginning on the date on 
                which the contractor submits a qualifying proposal to definitize 
                the contractual terms, specifications, and price; or
                    ``(B) the date on which the amount of funds obligated under 
                the contractual action is equal to more than 50 percent of the 
                negotiated overall ceiling price for the contractual action.
            ``(2) Limitation on obligations.--
                    ``(A) In general.--Except as provided in subparagraph (B), 
                the contracting officer for an undefinitized contractual action 
                may not obligate under such contractual action an amount that 
                exceeds 50 percent of the negotiated overall ceiling price until 
                the contractual terms, specifications, and price are definitized 
                for such contractual action.
                    ``(B) Exception.--Notwithstanding subparagraph (A), if a 
                contractor submits a qualifying proposal to definitize an 
                undefinitized contractual action before an amount that exceeds 
                50 percent of the negotiated overall ceiling price is obligated 
                on such action, the contracting officer for such action may not 
                obligate with respect to such contractual action an amount that 
                exceeds 75 percent of the negotiated overall ceiling price until 
                the contractual terms, specifications, and price are definitized 
                for such contractual action.
            ``(3) Waiver.--The Commandant may waive the application of this 
        subsection with respect to a contract if the Commandant determines that 
        the waiver is necessary to support--
                    ``(A) a contingency operation (as that term is defined in 
                section 101(a)(13) of title 10);
                    ``(B) operations to prevent or respond to a transportation 
                security incident (as defined in section 70101(6) of title 46);
                    ``(C) an operation in response to an emergency that poses an 
                unacceptable threat to human health or safety or to the marine 
                environment; or
                    ``(D) an operation in response to a natural disaster or 
                major disaster or emergency designated by the President under 
                the Robert T. Stafford Disaster Relief and Emergency Assistance 
                Act (42 U.S.C. 5121 et seq.).
            ``(4) Limitation on application.--This subsection does not apply to 
        an undefinitized contractual action for the purchase of initial spares.
    ``(d) Inclusion of Nonurgent Requirements.--Requirements for spare parts and 
support equipment that are not needed on an urgent basis may not be included in 
an undefinitized contractual action by the Coast Guard for spare parts and 
support equipment that are needed on an urgent basis unless the Commandant 
approves such inclusion as being--
            ``(1) good business practice; and
            ``(2) in the best interests of the United States.
    ``(e) Modification of Scope.--The scope of an undefinitized contractual 
action under which performance has begun may not be modified unless the 
Commandant approves such modification as being--
            ``(1) good business practice; and
            ``(2) in the best interests of the United States.
    ``(f) Allowable Profit.--The Commandant shall ensure that the profit allowed 
on an undefinitized contractual action for which the final price is negotiated 
after a substantial portion of the performance required is completed reflects--
            ``(1) the possible reduced cost risk of the contractor with respect 
        to costs incurred during performance of the contract before the final 
        price is negotiated; and
            ``(2) the reduced cost risk of the contractor with respect to costs 
        incurred during performance of the remaining portion of the contract.
    ``(g) Definitions.--In this section:
            ``(1) Undefinitized contractual action.--
                    ``(A) In general.--Except as provided in subparagraph (B), 
                the term `undefinitized contractual action' means a new 
                procurement action entered into by the Coast Guard for which the 
                contractual terms, specifications, or price are not agreed upon 
                before performance is begun under the action.
                    ``(B) Exclusion.--The term `undefinitized contractual 
                action' does not include contractual actions with respect to--
                            ``(i) foreign military sales;
                            ``(ii) purchases in an amount not in excess of the 
                        amount of the simplified acquisition threshold; or
                            ``(iii) special access programs.
            ``(2) Qualifying proposal.--The term ``qualifying proposal' means a 
        proposal that contains sufficient information to enable complete and 
        meaningful audits of the information contained in the proposal as 
        determined by the contracting officer.
``Sec. 568. Guidance on excessive pass-through charges
    ``(a) In General.--Not later than 180 days after the date of enactment of 
the Coast Guard Authorization Act for Fiscal Years 2010 and 2011, the Commandant 
shall issue guidance to ensure that pass-through charges on contracts, 
subcontracts, delivery orders, and task orders that are entered into with a 
private entity acting as a lead systems integrator by or on behalf of the Coast 
Guard are not excessive in relation to the cost of work performed by the 
relevant contractor or subcontractor. The guidance shall, at a minimum--
            ``(1) set forth clear standards for determining when no, or 
        negligible, value has been added to a contract by a contractor or 
        subcontractor;
            ``(2) set forth procedures for preventing the payment by the 
        Government of excessive pass-through charges; and
            ``(3) identify any exceptions determined by the Commandant to be in 
        the best interest of the Government.
    ``(b) Excessive Pass-Through Charge Defined.--In this section the term 
`excessive pass-through charge', with respect to a contractor or subcontractor 
that adds no, or negligible, value to a contract or subcontract, means a charge 
to the Government by the contractor or subcontractor that is for overhead or 
profit on work performed by a lower tier contractor or subcontractor, other than 
reasonable charges for the direct costs of managing lower tier contractors and 
subcontracts and overhead and profit based on such direct costs.
    ``(c) Application of Guidance.--The guidance under this subsection shall 
apply to contracts awarded to a private entity acting as a lead systems 
integrator by or on behalf of the Coast Guard on or after the date that is 360 
days after the date of enactment of the Coast Guard Authorization Act for Fiscal 
Years 2010 and 2011.
``Sec. 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 information requested by the Comptroller General 
for the purpose of conducting the study required by this section.
    ``(e) Definitions.--In this section:
            ``(1) Coast guard contractor.--The term `Coast Guard contractor' 
        includes any person that received at least $10,000,000 in contractor 
        awards from the Coast Guard in the calendar year covered by the annual 
        report.
            ``(2) Coast guard official.--The term `Coast Guard official' 
        includes former officers of the Coast Guard who were compensated at a 
        rate of pay for grade O-7 or above during the calendar year prior to the 
        date on which they separated from the Coast Guard, and former civilian 
        employees of the Coast Guard who served at any Level of the Senior 
        Executive Service under subchapter VIII of chapter 53 of title 5, United 
        States Code, during the calendar year prior to the date on which they 
        separated from the Coast Guard.

          ``SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

``Sec. 571. Identification of major system acquisitions
    ``(a) In General.--
            ``(1) Support mechanisms.--The Commandant shall develop and 
        implement mechanisms to support the establishment of mature and stable 
        operational requirements for all acquisitions.
            ``(2) Mission analysis; affordability assessment.--The Commandant 
        may not initiate a Level 1 or Level 2 acquisition project or program 
        until the Commandant--
                    ``(A) completes a mission analysis that--
                            ``(i) identifies the specific capability gaps to be 
                        addressed by the project or program; and
                            ``(ii) develops a clear mission need to be addressed 
                        by the project or program; and
                    ``(B) prepares a preliminary affordability assessment for 
                the project or program.
    ``(b) Elements.--
            ``(1) Requirements.--The mechanisms required by subsection (a) shall 
        ensure the implementation of a formal process for the development of a 
        mission-needs statement, 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 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.
``Sec. 572. Acquisition
    ``(a) In General.--The Commandant may not establish a Level 1 or Level 2 
acquisition project or program until the Commandant--
            ``(1) clearly defines the operational requirements for the project 
        or program;
            ``(2) establishes the feasibility of alternatives;
            ``(3) develops an acquisition project or program baseline;
            ``(4) produces a life-cycle cost estimate; and
            ``(5) assesses the relative merits of alternatives to determine a 
        preferred solution in accordance with the requirements of this section.
    ``(b) Submission Required Before Proceeding.--Any Coast Guard Level 1 or 
Level 2 acquisition project or program may not begin to obtain any capability or 
asset or proceed beyond that phase of its development that entails approving the 
supporting acquisition until the Commandant submits to the appropriate 
congressional committees the following:
            ``(1) The key performance parameters, the key system attributes, and 
        the operational performance attributes of the capability or asset to be 
        acquired under the proposed acquisition project or program.
            ``(2) A detailed list of the systems or other capabilities with 
        which the capability or asset to be acquired is intended to be 
        interoperable, including an explanation of the attributes of 
        interoperability.
            ``(3) The anticipated acquisition project or program baseline and 
        acquisition unit cost for the capability or asset to be acquired under 
        the project or program.
            ``(4) A detailed schedule for the acquisition process showing when 
        all capability and asset acquisitions are to be completed and when all 
        acquired capabilities and assets are to be initially and fully deployed.
    ``(c) Analysis of Alternatives.--
            ``(1) In general.--The Coast Guard may not acquire an experimental 
        or technically immature capability or asset or implement a Level 1 or 
        Level 2 acquisition project or program, unless it has prepared an 
        analysis of alternatives for the capability or asset to be acquired in 
        the concept and technology development phase of the acquisition process 
        for the capability or asset.
            ``(2) Requirements.--The analysis of alternatives shall be prepared 
        by a federally funded research and development center, a qualified 
        entity of the Department of Defense, or a similar independent third-
        party entity that has appropriate acquisition expertise and has no 
        financial interest in any part of the acquisition project or program 
        that is the subject of the analysis. At a minimum, the analysis of 
        alternatives shall include--
                    ``(A) an assessment of the technical maturity of the 
                capability or asset, and technical and other risks;
                    ``(B) an examination of capability, interoperability, and 
                other advantages and disadvantages;
                    ``(C) an evaluation of whether different combinations or 
                quantities of specific assets or capabilities could meet the 
                Coast Guard's overall performance needs;
                    ``(D) a discussion of key assumptions and variables, and 
                sensitivity to change in such assumptions and variables;
                    ``(E) when an alternative is an existing capability, asset, 
                or prototype, an evaluation of relevant safety and performance 
                records and costs;
                    ``(F) a calculation of life-cycle costs including--
                            ``(i) an examination of likely research and 
                        development costs and the levels of uncertainty 
                        associated with such estimated costs;
                            ``(ii) an examination of likely production and 
                        deployment costs and the levels of uncertainty 
                        associated with such estimated costs;
                            ``(iii) an examination of likely operating and 
                        support costs and the levels of uncertainty associated 
                        with such estimated costs;
                            ``(iv) if they are likely to be significant, an 
                        examination of likely disposal costs and the levels of 
                        uncertainty associated with such estimated costs; and
                            ``(v) such additional measures as the Commandant or 
                        the Secretary of the department in which the Coast Guard 
                        is operating determines to be necessary for appropriate 
                        evaluation of the capability or asset; and
                    ``(G) the business case for each viable alternative.
    ``(d) Test and Evaluation Master Plan.--
            ``(1) In general.--For any Level 1 or Level 2 acquisition project or 
        program the Chief Acquisition Officer must approve a test and evaluation 
        master plan specific to the acquisition project or program for the 
        capability, asset, or subsystems of the capability or asset and intended 
        to minimize technical, cost, and schedule risk as early as practicable 
        in the development of the project or program.
            ``(2) Test and evaluation strategy.--The master plan shall--
                    ``(A) set forth an integrated test and evaluation strategy 
                that will verify that capability-level or asset-level and 
                subsystem-level design and development, including performance 
                and supportability, have been sufficiently proven before the 
                capability, asset, or subsystem of the capability or asset is 
                approved for production; and
                    ``(B) require that adequate developmental tests and 
                evaluations and operational tests and evaluations established 
                under subparagraph (A) are performed to inform production 
                decisions.
            ``(3) Other components of the master plan.--At a minimum, the master 
        plan shall identify--
                    ``(A) the key performance parameters to be resolved through 
                the integrated test and evaluation strategy;
                    ``(B) critical operational issues to be assessed in addition 
                to the key performance parameters;
                    ``(C) specific development test and evaluation phases and 
                the scope of each phase;
                    ``(D) modeling and simulation activities to be performed, if 
                any, and the scope of such activities;
                    ``(E) early operational assessments to be performed, if any, 
                and the scope of such assessments;
                    ``(F) operational test and evaluation phases;
                    ``(G) an estimate of the resources, including funds, that 
                will be required for all test, evaluation, assessment, modeling, 
                and simulation activities; and
                    ``(H) the Government entity or independent entity that will 
                perform the test, evaluation, assessment, modeling, and 
                simulation activities.
            ``(4) Update.--The Chief Acquisition Officer must approve an updated 
        master plan whenever there is a revision to project or program test and 
        evaluation strategy, scope, or phasing.
            ``(5) Limitation.--The Coast Guard may not--
                    ``(A) proceed beyond that phase of the acquisition process 
                that entails approving the supporting acquisition of a 
                capability or asset before the master plan is approved by the 
                Chief Acquisition Officer; or
                    ``(B) award any production contract for a capability, asset, 
                or subsystem for which a master plan is required under this 
                subsection before the master plan is approved by the Chief 
                Acquisition Officer.
    ``(e) Life-Cycle Cost Estimates.--
            ``(1) In general.--The Commandant shall implement mechanisms to 
        ensure the development and regular updating of life-cycle cost estimates 
        for each acquisition with a total acquisition cost that equals or 
        exceeds $10,000,000 and an expected service life of 10 or more years, 
        and to ensure that these estimates are considered in decisions to 
        develop or produce new or enhanced capabilities and assets.
            ``(2) Types of estimates.--In addition to life-cycle cost estimates 
        that may be developed by acquisition program offices, the Commandant 
        shall require that an independent life-cycle cost estimate be developed 
        for each Level 1 or Level 2 acquisition project or program.
            ``(3) Required updates.--For each Level 1 or Level 2 acquisition 
        project or program the Commandant shall require that life-cycle cost 
        estimates shall be updated before each milestone decision is concluded 
        and the project or program enters a new acquisition phase.
``Sec. 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).
            ``(2) Use of third parties.--The Commandant shall ensure that the 
        Coast Guard uses independent third parties with expertise in testing and 
        evaluating the capabilities or assets and the subsystems of the 
        capabilities or assets being acquired to conduct developmental tests and 
        evaluations and operational tests and evaluations whenever the Coast 
        Guard lacks the capability to conduct the tests and evaluations required 
        by a master plan.
            ``(3) Communication of safety concerns.--The Commandant shall 
        require that safety concerns identified during developmental or 
        operational tests and evaluations or through independent or Government-
        conducted design assessments of capabilities or assets and subsystems of 
        capabilities or assets to be acquired by the Coast Guard shall be 
        communicated as soon as practicable, but not later than 30 days after 
        the completion of the test or assessment event or activity that 
        identified the safety concern, to the program manager for the capability 
        or asset and the subsystems concerned and to the Chief Acquisition 
        Officer.
            ``(4) Reporting of safety concerns.--Any safety concerns that have 
        been reported to the Chief Acquisition Officer for an acquisition 
        program or project shall be reported by the Commandant to the 
        appropriate congressional committees at least 90 days before the award 
        of any contract or issuance of any delivery order or task order for low, 
        initial, or 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 full-rate production.--If 
        operational test and evaluation of a capability or asset already in low, 
        initial, or full-rate production identifies a safety concern with the 
        capability or asset or any subsystems of the capability or asset not 
        previously identified during developmental or operational test and 
        evaluation, the Commandant shall--
                    ``(A) notify the program manager and the Chief Acquisition 
                Officer of the safety concern as soon as practicable, but not 
                later than 30 days after the completion of the test and 
                evaluation event or activity that identified the safety concern; 
                and
                    ``(B) notify the Chief Acquisition Officer and include in 
                such notification--
                            ``(i) an explanation of the actions that will be 
                        taken to correct or mitigate the safety concern in all 
                        capabilities or assets and subsystems of the 
                        capabilities or assets yet to be produced, and the date 
                        by which those actions will be taken;
                            ``(ii) an explanation of the actions that will be 
                        taken to correct or mitigate the safety concern in 
                        previously produced capabilities or assets and 
                        subsystems of the capabilities or assets, and the date 
                        by which those actions will be taken; and
                            ``(iii) an assessment of the adequacy of current 
                        funding to correct or mitigate the safety concern in 
                        capabilities or assets and subsystems of the 
                        capabilities or assets and in previously produced 
                        capabilities or assets and subsystems.
    ``(c) Technical Certification.--
            ``(1) In general.--The Commandant shall ensure that any Level 1 or 
        Level 2 acquisition project or program is certified by the technical 
        authority of the Coast Guard after review by an independent third party 
        with capabilities in the mission area, asset, or particular asset 
        component.
            ``(2) TEMPEST testing.--The Commandant shall--
                    ``(A) cause all electronics on all aircraft, surface, and 
                shore capabilities and assets that require TEMPEST certification 
                and that are delivered after the date of enactment of the Coast 
                Guard Authorization Act of 2010 to be tested in accordance with 
                TEMPEST standards and communications security (comsec) standards 
                by an independent third party that is authorized by the Federal 
                Government to perform such testing; and
                    ``(B) certify that the assets meet all applicable TEMPEST 
                requirements.
            ``(3) Cutter classification.--
                    ``(A) In general.--The Commandant shall cause each cutter, 
                other than a National Security Cutter, acquired by the Coast 
                Guard and delivered after the date of enactment of the Coast 
                Guard Authorization Act of 2010 to be classed by the American 
                Bureau of Shipping before final acceptance.
                    ``(B) Reports.--Not later than December 31, 2011, and 
                biennially thereafter, the Commandant shall provide a report to 
                the Committee on Transportation and Infrastructure of the House 
                of Representatives and the Committee 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.
``Sec. 574. Acquisition, production, deployment, and support
    ``(a) In General.--The Commandant shall--
            ``(1) ensure there is a stable and efficient production and support 
        capability to develop an asset or capability for the Coast Guard;
            ``(2) conduct follow-on testing to confirm and monitor performance 
        and correct deficiencies; and
            ``(3) conduct acceptance tests and trials prior to the delivery of 
        each asset or system to ensure the delivered asset or system achieves 
        full operational capability.
    ``(b) Elements.--The Commandant shall--
            ``(1) execute production contracts;
            ``(2) ensure that delivered assets and capabilities meet operational 
        cost and schedules requirements established in the acquisition program 
        baseline;
            ``(3) validate manpower and training requirements to meet system 
        needs to operate, maintain, support, and instruct the assets or 
        capabilities; and
            ``(4) prepare an acquisition project or program transition plan to 
        enter into programmatic sustainment, operations, and support.
``Sec. 575. Acquisition program baseline breach
    ``(a) In General.--The Commandant shall submit a report to the appropriate 
congressional committees and the Committee on Homeland Security of the House of 
Representatives as soon as possible, but not later than 30 days, after the Chief 
Acquisition Officer of the Coast Guard becomes aware of the breach of an 
acquisition program baseline for any Level 1 or Level 2 acquisition program, 
by--
            ``(1) a likely cost overrun greater than 15 percent of the 
        acquisition program baseline for that individual capability or asset or 
        a class of capabilities or assets;
            ``(2) a likely delay of more than 180 days in the delivery schedule 
        for any individual capability or asset or class of capabilities or 
        assets; or
            ``(3) an anticipated failure for any individual capability or asset 
        or class of capabilities or assets to satisfy any key performance 
        threshold or parameter under the acquisition program baseline.
    ``(b) Content.--The report submitted under subsection (a) shall include--
            ``(1) a detailed description of the breach and an explanation of its 
        cause;
            ``(2) the projected impact to performance, cost, and schedule;
            ``(3) an updated acquisition program baseline and the complete 
        history of changes to the original acquisition program baseline;
            ``(4) the updated acquisition schedule and the complete history of 
        changes to the original schedule;
            ``(5) a full life-cycle cost analysis for the capability or asset or 
        class of capabilities or assets;
            ``(6) a remediation plan identifying corrective actions and any 
        resulting issues or risks; and
            ``(7) a description of how progress in the remediation plan will be 
        measured and monitored.
    ``(c) Substantial Variances in Costs or Schedule.--If a likely cost overrun 
is greater than 20 percent or a likely delay is greater than 12 months from the 
costs and schedule described in the acquisition program baseline for any Level 1 
or Level 2 acquisition project or program of the Coast Guard, the Commandant 
shall include in the report a written certification, with a supporting 
explanation, that--
            ``(1) the capability or asset or capability or asset class to be 
        acquired under the project or program is essential to the accomplishment 
        of Coast Guard missions;
            ``(2) there are no alternatives to such capability or asset or 
        capability or asset class that will provide equal or greater capability 
        in both a more cost-effective and timely manner;
            ``(3) the new acquisition schedule and estimates for total 
        acquisition cost are reasonable; and
            ``(4) the management structure for the acquisition program is 
        adequate to manage and control performance, cost, and schedule.
``Sec. 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

``Sec. 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.
            ``(2) Chief acquisition officer.--The term `Chief Acquisition 
        Officer' means the officer appointed under section 56 of this title.
            ``(3) Commandant.--The term `Commandant' means the Commandant of the 
        Coast Guard.
            ``(4) Level 1 acquisition.--The term `Level 1 acquisition' means--
                    ``(A) an acquisition by the Coast Guard--
                            ``(i) the estimated life-cycle costs of which exceed 
                        $1,000,000,000; or
                            ``(ii) the estimated total acquisition costs of 
                        which exceed $300,000,000; or
                    ``(B) any acquisition that the Chief Acquisition Officer of 
                the Coast Guard determines to have a special interest--
                            ``(i) due to--
                                    ``(I) the experimental or technically 
                                immature nature of the asset;
                                    ``(II) the technological complexity of the 
                                asset;
                                    ``(III) the commitment of resources; or
                                    ``(IV) the nature of the capability or set 
                                of capabilities to be achieved; or
                            ``(ii) because such acquisition is a joint 
                        acquisition.
            ``(5) Level 2 acquisition.--The term `Level 2 acquisition' means an 
        acquisition by the Coast Guard--
                    ``(A) the estimated life-cycle costs of which are equal to 
                or less than $1,000,000,000, but greater than $300,000,000; or
                    ``(B) the estimated total acquisition costs of which are 
                equal to or less than $300,000,0000, but greater than 
                $100,000,000.
            ``(6) Life-cycle cost.--The term `life-cycle cost' means all costs 
        for development, procurement, construction, and operations and support 
        for a particular capability or asset, without regard to funding source 
        or management control.
            ``(7) Project or program manager defined.--The term `project or 
        program manager' means an individual designated--
                    ``(A) to develop, produce, and deploy a new asset to meet 
                identified operational requirements; and
                    ``(B) to manage cost, schedule, and performance of the 
                acquisition, project, or program.
            ``(8) Safety concern.--The term `safety concern' means any hazard 
        associated with a capability or asset or a subsystem of a capability or 
        asset that is likely to cause serious bodily injury or death to a 
        typical Coast Guard user in testing, maintaining, repairing, or 
        operating the capability, asset, or subsystem or any hazard associated 
        with the capability, asset, or subsystem that is likely to cause major 
        damage to the capability, asset, or subsystem during the course of its 
        normal operation by a typical Coast Guard user.
            ``(9) Developmental test and evaluation.--The term `developmental 
        test and evaluation' means--
                    ``(A) the testing of a capability or asset and the 
                subsystems of the capability or asset to determine whether they 
                meet all contractual performance requirements, including 
                technical performance requirements, supportability requirements, 
                and interoperability requirements and related specifications; 
                and
                    ``(B) the evaluation of the results of such testing.
            ``(10) Operational test and evaluation.--The term `operational test 
        and evaluation' means--
                    ``(A) the testing of a capability or asset and the 
                subsystems of the capability or asset, under conditions similar 
                to those in which the capability or asset and subsystems will 
                actually be deployed, for the purpose of determining the 
                effectiveness and suitability of the capability or asset and 
                subsystems for use by typical Coast Guard users to conduct those 
                missions for which the capability or asset and subsystems are 
                intended to be used; and
                    ``(B) the evaluation of the results of such testing.''.
    (b) Conforming Amendment.--The part analysis for part I of title 14, United 
States Code, is amended by inserting after the item relating to chapter 13 the 
following:

``15. Acquisitions..........................................     561''.

SEC. 403. NATIONAL SECURITY CUTTERS.

    (a) National Security Cutters 1 and 2.--Not later than 90 days before the 
Coast Guard awards any contract or issues any delivery order or task order to 
strengthen the hull of either of National Security Cutter 1 or 2 to resolve the 
structural design and performance issues identified in the Department of 
Homeland Security Inspector General's Report OIG-07-23 dated January 2007, the 
Commandant shall submit to the appropriate congressional committees all results 
of an assessment of the proposed hull strengthening design conducted by the 
Coast Guard, including--
            (1) a description in detail of the extent to which the hull 
        strengthening measures to be implemented on those cutters will enable 
        the cutters to meet contract and performance requirements;
            (2) a cost-benefit analysis of the proposed hull strengthening 
        measures for National Security Cutters 1 and 2; and
            (3) a description of any operational restrictions that would have to 
        be applied to either National Security Cutter 1 or 2 if the proposed 
        hull strengthening measures were not implemented on either cutter.
    (b) Appropriate Congressional Committees.--In this section the term 
``appropriate congressional committees'' means the Committees on Transportation 
and Infrastructure and Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate.

SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

    (a) In General.--For purposes of sections 3304, 5333, and 5753 of title 5, 
United States Code, the Commandant of the Coast Guard may--
            (1) designate any category of acquisition positions within the Coast 
        Guard as shortage category positions; and
            (2) use the authorities in such sections to recruit and appoint 
        highly qualified persons directly to positions so designated.
    (b) Limitation.--The Commandant may not appoint a person to a position of 
employment under this paragraph after September 30, 2012.
    (c) Reports.--The Commandant shall include in reports under section 562(d) 
of title 14, United States Code, as added by this title, information described 
in that section regarding positions designated under this section.

                       TITLE V--COAST GUARD MODERNIZATION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Coast Guard Modernization Act of 2010''.

                       Subtitle A--Coast Guard Leadership

SEC. 511. VICE ADMIRALS.

    (a) Vice Admirals.--Section 50 of such title is amended to read as follows:
``Sec. 50. Vice admirals
    ``(a)(1) The President may designate no more than 4 positions of importance 
and responsibility that shall be held by officers who--
                    ``(A) while so serving, shall have the grade of vice 
                admiral, with the pay and allowances of that grade; and
                    ``(B) shall perform such duties as the Commandant may 
                prescribe.
    ``(2) The President may appoint, by and with the advice and consent of the 
Senate, and reappoint, by and with the advice and consent of the Senate, to any 
such position an officer of the Coast Guard who is serving on active duty above 
the grade of captain. The Commandant shall make recommendations for such 
appointments.
    ``(3) (A) Except as provided in subparagraph (B), one of the vice admirals 
designated under paragraph (1) must have at least 10 years experience in vessel 
inspection, marine casualty investigations, mariner licensing, or an equivalent 
technical expertise in the design and construction of commercial vessels, with 
at least 4 years of leadership experience at a staff or unit carrying out marine 
safety functions and shall serve as the principal advisor to the Commandant on 
these issues.
    ``(B) The requirements of subparagraph (A) do not apply to such vice admiral 
if the subordinate officer serving in the grade of rear admiral with 
responsibilities for marine safety, security, and stewrdship possesses that 
experience.
    ``(b)(1) The appointment and the grade of vice admiral shall be effective on 
the date the officer assumes that duty and, except as provided in paragraph (2) 
of this subsection or in section 51(d) of this title, shall terminate on the 
date the officer is detached from that duty.
    ``(2) An officer who is appointed to a position designated under subsection 
(a) shall continue to hold the grade of vice admiral--
            ``(A) while under orders transferring the officer to another 
        position designated under subsection (a), beginning on the date the 
        officer is detached from that duty and terminating on the date before 
        the day the officer assumes the subsequent duty, but not for more than 
        60 days;
            ``(B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is discharged from the 
        hospital, but not for more than 180 days; and
            ``(C) while awaiting retirement, beginning on the date the officer 
        is detached from duty and ending on the day before the officer's 
        retirement, but not for more than 60 days.
    ``(c)(1) An appointment of an officer under subsection (a) does not vacate 
the permanent grade held by the officer.
    ``(2) An officer serving in a grade above rear admiral who holds the 
permanent grade of rear admiral (lower half) shall be considered for promotion 
to the permanent grade of rear admiral as if the officer was serving in the 
officer's permanent grade.
    ``(d) Whenever a vacancy occurs in a position designated under subsection 
(a), the Commandant shall inform the President of the qualifications needed by 
an officer serving in that position or office to carry out effectively the 
duties and responsibilities of that position or office.''.
    (b) Repeal.--Section 50a of such title is repealed.
    (c) Conforming Amendments.--Section 51 of such title is amended--
            (1) by striking subsections (a), (b), and (c) and inserting the 
        following:
    ``(a) An officer, other than the Commandant, who, while serving in the grade 
of vice admiral, is retired for physical disability shall be placed on the 
retired list with the highest grade in which that officer served.
    ``(b) An officer, other than the Commandant, who is retired while serving in 
the grade of vice admiral, or who, after serving at least 2\1/2\ 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 
2\1/2\ years in the grade of vice admiral, is retired while serving in a lower 
grade, shall be retired in his permanent grade.''; and
            (2) by striking ``Area Commander, or Chief of Staff'' in subsection 
        (d)(2) and inserting ``or Vice Admiral''.
    (d) Continuity of Grade.--Section 52 of title 14, United States Code, is 
amended by inserting ``or admiral'' after ``vice admiral'' the first place it 
appears.
    (e) Continuation on Active Duty.--The second sentence of section 290(a) of 
title 14, United States Code, is amended to read as follows: ``Officers, other 
than the Commandant, serving for the time being or who have served in the grade 
of vice admiral are not subject to consideration for continuation under this 
subsection, and as to all other provisions of this section shall be considered 
as having been continued at the grade of rear admiral.''.
    (f) Clerical Amendments.--
            (1) The section caption for section 47 of such title is amended to 
        read as follows:
``Sec. 47. Vice commandant; appointment''.
            (2) The section caption for section 52 of title 14, United States 
        Code, is amended to read as follows:
``Sec. 52. Vice admirals and admiral, continuity of grade''.
            (3) The table of contents for chapter 3 of such title is amended--
                    (A) by striking the item relating to section 47 and 
                inserting the following:

``47. Vice Commandant; appointment.'';
                    (B) by striking the item relating to section 50a;
                    (C) by striking the item relating to section 50 and 
                inserting the following:

``50. Vice admirals.''; and
                    (D) by striking the item relating to section 52 and 
                inserting the following:

``52. Vice admirals and admiral, continuity of grade.''.
    (g) Technical Correction.--Section 47 of such title is further amended by 
striking ``subsection'' in the fifth sentence and inserting ``section''.
    (h) Treatment of Incumbents; Transition.--
            (1) Notwithstanding any other provision of law, an officer who, on 
        the date of enactment of this Act, is serving as Chief of Staff, 
        Commander, Atlantic Area, or Commander, Pacific Area--
                    (A) shall continue to have the grade of vice admiral with 
                pay and allowance of that grade until such time that the officer 
                is relieved of his duties and appointed and confirmed to another 
                position as a vice admiral or admiral; or
                    (B) for the purposes of transition, may continue at the 
                grade of vice admiral with pay and allowance of that grade, for 
                not more than 1 year after the date of enactment of this Act, to 
                perform the duties of the officer's former position and any 
                other such duties that the Commandant prescribes.

                         Subtitle B--Workforce Expertise

SEC. 521. PREVENTION AND RESPONSE STAFF.

    (a) In General.--Chapter 3 of title 14, United States Code, is amended by 
adding at the end the following new sections:
``Sec. 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;
            ``(2) marine casualty investigator shall have the training, 
        experience, and qualifications in investigation, marine casualty 
        reconstruction, evidence collection and preservation, human factors, and 
        documentation using best investigation practices by Federal and non-
        Federal entities; or
            ``(3) marine safety engineer shall have knowledge, skill, and 
        practical experience in--
                    ``(A) the construction and operation of commercial vessels;
                    ``(B) judging the character, strength, stability, and safety 
                qualities of such vessels and their equipment; or
                    ``(C) the qualifications and training of vessel personnel.
    ``(c) Apprenticeship Requirement To Qualify for Certain Careers.--The 
Commandant may require an officer, member, or employee of the Coast Guard in 
training for a specialized prevention or response career path to serve an 
apprenticeship under the guidance of a qualified individual. However, an 
individual in training to become a marine inspector, marine casualty 
investigator, or marine safety engineer shall serve a minimum of one-year as an 
apprentice unless the Commandant authorizes a shorter period for certain 
qualifications.
    ``(d) Management Information System.--The Secretary, acting through the 
Commandant, shall establish a management information system for the prevention 
and response workforces that shall provide, at a minimum, the following 
standardized information on persons serving in those workforces:
            ``(1) Qualifications, assignment history, and tenure in assignments.
            ``(2) Promotion rates for military and civilian personnel.
    ``(e) Assessment of Adequacy of Marine Safety Workforce.--
            ``(1) Report.--The Secretary, acting through the Commandant, shall 
        report to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate by December 1 of each year on the adequacy 
        of the current marine safety workforce to meet that anticipated 
        workload.
            ``(2) Contents.--The report shall specify the number of civilian and 
        military Coast Guard personnel currently assigned to marine safety 
        positions and shall identify positions that are understaffed to meet the 
        anticipated marine safety workload.
    ``(f) Sector Chief of Prevention.--There shall be in each Coast Guard sector 
a Chief of Prevention who shall be at least a Lieutenant Commander or civilian 
employee within the grade GS-13 of the General Schedule, and who shall be a--
            ``(1) marine inspector, qualified to inspect vessels, vessel 
        systems, and equipment commonly found in the sector; and
            ``(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.
``Sec. 58. Centers of expertise for Coast Guard prevention and response
    ``(a) Establishment.--The Commandant of the Coast Guard may establish and 
operate one or more centers of expertise for prevention and response missions of 
the Coast Guard (in this section referred to as a `center').
    ``(b) Missions.--Each center shall--
            ``(1) promote and facilitate education, training, and research;
            ``(2) develop a repository of information on its missions and 
        specialties; and
            ``(3) perform any other missions as the Commandant may specify.
    ``(c) Joint Operation With Educational Institution Authorized.--The 
Commandant may enter into an agreement with an appropriate official of an 
institution of higher education to--
            ``(1) provide for joint operation of a center; and
            ``(2) provide necessary administrative services for a center, 
        including administration and allocation of funds.
    ``(d) Acceptance of Donations.--
            ``(1) Except as provided in paragraph (2), the Commandant may 
        accept, on behalf of a center, donations to be used to defray the costs 
        of the center or to enhance the operation of the center. Those donations 
        may be accepted from any State or local government, any foreign 
        government, any foundation or other charitable organization (including 
        any that is organized or operates under the laws of a foreign country), 
        or any individual.
            ``(2) The Commandant may not accept a donation under paragraph (1) 
        if the acceptance of the donation would compromise or appear to 
        compromise--
                    ``(A) the ability of the Coast Guard or the department in 
                which the Coast Guard is operating, any employee of the Coast 
                Guard or the department, or any member of the Armed Forces to 
                carry out any responsibility or duty in a fair and objective 
                manner; or
                    ``(B) the integrity of any program of the Coast Guard, the 
                department in which the Coast Guard is operating, or of any 
                person involved in such a program.
            ``(3) The Commandant shall prescribe written guidance setting forth 
        the criteria to be used in determining whether or not the acceptance of 
        a donation from a foreign source would have a result described in 
        paragraph (2).
``Sec. 59. Marine industry training program
    ``(a) In General.--The Commandant shall, by policy, establish a program 
under which an officer, member, or employee of the Coast Guard may be assigned 
to a private entity to further the institutional interests of the Coast Guard 
with regard to marine safety, including for the purpose of providing training to 
an officer, member, or employee. Policies to carry out the program--
            ``(1) with regard to an employee of the Coast Guard, shall include 
        provisions, consistent with sections 3702 through 3704 of title 5, as to 
        matters concerning--
                    ``(A) the duration and termination of assignments;
                    ``(B) reimbursements; and
                    ``(C) status, entitlements, benefits, and obligations of 
                program participants; and
            ``(2) shall require the Commandant, before approving the assignment 
        of an officer, member, or employee of the Coast Guard to a private 
        entity, to determine that the assignment is an effective use of the 
        Coast Guard's funds, taking into account the best interests of the Coast 
        Guard and the costs and benefits of alternative methods of achieving the 
        same results and objectives.
    ``(b) Annual Report.--Not later than the date of the submission each year of 
the President's budget request under section 1105 of title 31, the Commandant 
shall submit to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and Transportation of 
the Senate a report that describes--
            ``(1) the number of officers, members, and employees of the Coast 
        Guard assigned to private entities under this section; and
            ``(2) the specific benefit that accrues to the Coast Guard for each 
        assignment.''.
    (b) Clerical Amendment.--The table of sections at the beginning of such 
chapter is further amended by adding at the end the following new items:

``57. Prevention and response workforces.
``58. Centers of expertise for Coast Guard prevention and response.
``59. Marine industry training programs.''.

SEC. 522. MARINE SAFETY MISSION PRIORITIES AND LONG-TERM GOALS.

    (a) In General.--Chapter 21 of title 46, United States Code, is amended by 
adding at the end the following new section:
``Sec. 2116. Marine safety strategy, goals, and performance assessments
    ``(a) Long-Term Strategy and Goals.--In conjunction with existing federally 
required strategic planning efforts, the Secretary shall develop a long-term 
strategy for improving vessel safety and the safety of individuals on vessels. 
The strategy shall include the issuance each year of an annual plan and schedule 
for achieving the following goals:
            ``(1) Reducing the number and rates of marine casualties.
            ``(2) Improving the consistency and effectiveness of vessel and 
        operator enforcement and compliance programs.
            ``(3) Identifying and targeting enforcement efforts at 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 adequate facilities and 
                equipment to carry out the functions referred to in section 
                93(c).
            ``(2) Resource needs.--The strategy and annual plans shall include 
        estimates of--
                    ``(A) the funds and staff resources needed to accomplish 
                each activity included in the strategy and plans; and
                    ``(B) the staff skills and training needed for timely and 
                effective accomplishment of each goal.
    ``(c) Submission With the President's Budget.--Beginning with fiscal year 
2011 and each fiscal year thereafter, the Secretary shall submit to Congress the 
strategy and annual plan not later than 60 days following the transmission of 
the President's budget submission under section 1105 of title 31.
    ``(d) Achievement of Goals.--
            ``(1) Progress assessment.--No less frequently than semiannually, 
        the Coast Guard Commandant shall assess the progress of the Coast Guard 
        toward achieving the goals set forth in subsection (b). The Commandant 
        shall convey the Commandant's assessment to the employees of the marine 
        safety workforce and shall identify any deficiencies that should be 
        remedied before the next progress assessment.
            ``(2) Report to congress.--The Secretary shall report annually to 
        the Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate--
                    ``(A) on the performance of the marine safety program in 
                achieving the goals of the marine safety strategy and annual 
                plan under subsection (a) for the year covered by the report;
                    ``(B) on the program's mission performance in achieving 
                numerical measurable goals established under subsection (b); and
                    ``(C) recommendations on how to improve performance of the 
                program.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended by adding 
at the end the following new item:

``2116. Marine safety strategy, goals, and performance assessments.''.
    (c) Certificates of Inspection.--Section 3309 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(d) A certificate of inspection issued under this section shall be signed 
by the senior Coast Guard member or civilian employee who inspected the vessel, 
in addition to the officer in charge of marine inspection.''.

SEC. 523. POWERS AND DUTIES.

    Section 93 of title 14, United States Code, is amended by adding at the end 
the following new subsections:
    ``(c) Marine Safety Responsibilities.--In exercising the Commandant's duties 
and responsibilities with regard to marine safety, the individual with the 
highest rank who meets the experience qualifications set forth in section 
50(a)(3) shall serve as the principal advisor to the Commandant regarding--
            ``(1) the operation, regulation, inspection, identification, 
        manning, and measurement of vessels, including plan approval and the 
        application of load lines;
            ``(2) approval of materials, equipment, appliances, and associated 
        equipment;
            ``(3) the reporting and investigation of marine casualties and 
        accidents;
            ``(4) the licensing, certification, documentation, protection and 
        relief of merchant seamen;
            ``(5) suspension and revocation of licenses and certificates;
            ``(6) enforcement of manning requirements, citizenship requirements, 
        control of log books;
            ``(7) documentation and numbering of vessels;
            ``(8) State boating safety programs;
            ``(9) commercial instruments and maritime liens;
            ``(10) the administration of bridge safety;
            ``(11) administration of the navigation rules;
            ``(12) the prevention of pollution from vessels;
            ``(13) ports and waterways safety;
            ``(14) waterways management; including regulation for regattas and 
        marine parades;
            ``(15) aids to navigation; and
            ``(16) other duties and powers of the Secretary related to marine 
        safety and stewardship.
    ``(d) Other Authority Not Affected.--Nothing in subsection (c) affects--
            ``(1) the authority of Coast Guard officers and members to enforce 
        marine safety regulations using authority under section 89 of this 
        title; or
            ``(2) the exercise of authority under section 91 of this title and 
        the provisions of law codified at sections 191 through 195 of title 50 
        on the date of enactment of this paragraph.''.

SEC. 524. APPEALS AND WAIVERS.

    (a) In General.--Chapter 5 of title 14, United States Code, is further 
amended by inserting at the end the following new section:
``Sec. 102. Appeals and waivers
    ``Except for the Commandant of the Coast Guard, any individual adjudicating 
an appeal or waiver of a decision regarding marine safety, including inspection 
or manning and threats to the environment, shall--
            ``(1) be a qualified specialist with the training, experience, and 
        qualifications in marine safety to effectively judge the 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:
``Sec. 200. Marine safety curriculum
    ``The Commandant of the Coast Guard shall ensure that professional courses 
of study in marine safety are provided at the Coast Guard Academy, and during 
other officer accession programs, to give Coast Guard cadets and other officer 
candidates a background and understanding of the marine safety program. These 
courses may include such topics as program history, vessel design and 
construction, vessel inspection, casualty investigation, and administrative law 
and regulations.''.
    (b) Clerical Amendment.--The analysis for such chapter is further amended by 
adding at the end the following new item:

``200. Marine safety curriculum.''.

SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPECTORS.

    Not later than 1 year after the date of enactment of this Act, the 
Commandant of the Coast Guard shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on Coast Guard's 
efforts to recruit and retain civilian marine inspectors and investigators and 
the impact of such recruitment and retention efforts on Coast Guard 
organizational performance.

                             TITLE VI--MARINE SAFETY

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Maritime Safety Act of 2010''.

SEC. 602. VESSEL SIZE LIMITS.

    (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title 46, 
United States Code, is amended--
            (1) by inserting ``and'' after the semicolon at the end of 
        subparagraph (A)(i);
            (2) by striking ``and'' at the end of subparagraph (A)(ii);
            (3) by striking subparagraph (A)(iii);
            (4) by striking the period at the end of subparagraph (B) and 
        inserting a semicolon; and
            (5) by inserting at the end the following:
                    ``(C) the vessel is either a rebuilt vessel or a replacement 
                vessel under section 208(g) of the American Fisheries Act (title 
                II of division C of Public Law 105-277; 112 Stat. 2681-627) and 
                is eligible for a fishery endorsement under this section; or
                    ``(D) the vessel is a fish tender vessel that is not engaged 
                in the harvesting or processing of fish.''.
    (b) Conforming Amendments.--
            (1) Vessel rebuilding and replacement.--Section 208(g) of the 
        American Fisheries Act (title II of division C of Public Law 105-277; 
        112 Stat. 2681-627) is amended to read as follows:
    ``(g) Vessel Rebuilding and Replacement.--
            ``(1) In general.--
                    ``(A) Rebuild or replace.--Notwithstanding any limitation to 
                the contrary on replacing, rebuilding, or lengthening vessels or 
                transferring permits or licenses to a replacement vessel 
                contained in sections 679.2 and 679.4 of title 50, Code of 
                Federal Regulations, as in effect on the date of enactment of 
                the Coast Guard Authorization Act of 2010 and except as provided 
                in paragraph (4), the owner of a vessel eligible under 
                subsection (a), (b), (c), (d), or (e), in order to improve 
                vessel safety and operational efficiencies (including fuel 
                efficiency), may rebuild or replace that vessel (including fuel 
                efficiency) with a vessel documented with a fishery endorsement 
                under section 12113 of title 46, United States Code.
                    ``(B) Same requirements.--The rebuilt or replacement vessel 
                shall be eligible in the same manner and subject to the same 
                restrictions and limitations under such subsection as the vessel 
                being rebuilt or replaced.
                    ``(C) Transfer of permits and licenses.--Each fishing permit 
                and license held by the owner of a vessel or vessels to be 
                rebuilt or replaced under subparagraph (A) shall be transferred 
                to the rebuilt or replacement vessel or its owner, as necessary 
                to permit such rebuilt or replacement vessel to operate in the 
                same manner as the vessel prior to the rebuilding or the vessel 
                it replaced, respectively.
            ``(2) Recommendations of north pacific fishery management council.--
        The North Pacific Fishery Management Council may recommend for approval 
        by the Secretary such conservation and management measures, including 
        size limits and measures to control fishing capacity, in accordance with 
        the Magnuson-Stevens Act as it considers necessary to ensure that this 
        subsection does not diminish the effectiveness of fishery management 
        plans of the Bering Sea and Aleutian Islands Management Area or the Gulf 
        of Alaska.
            ``(3) Special rule for replacement of certain vessels.--
                    ``(A) In general.--Notwithstanding the requirements of 
                subsections (b)(2), (c)(1), and (c)(2) of section 12113 of title 
                46, United States Code, a vessel that is eligible under 
                subsection (a), (b), (c), or (e) and that qualifies to be 
                documented with a fishery endorsement pursuant to section 213(g) 
                may be replaced with a replacement vessel under paragraph (1) if 
                the vessel that is replaced is validly documented with a fishery 
                endorsement pursuant to section 213(g) before the replacement 
                vessel is documented with a fishery endorsement under section 
                12113 of title 46, United States Code.
                    ``(B) Applicability.--A replacement vessel under 
                subparagraph (A) and its owner and mortgagee are subject to the 
                same limitations under section 213(g) that are applicable to the 
                vessel that has been replaced and its owner and mortgagee.
            ``(4) Special rules for certain catcher vessels.--
                    ``(A) In general.--A replacement for a covered vessel 
                described in subparagraph (B) is prohibited from harvesting fish 
                in any fishery (except for the Pacific whiting fishery) managed 
                under the authority of any Regional Fishery Management Council 
                (other than the North Pacific Fishery Management Council) 
                established under section 302(a) of the Magnuson-Stevens Act.
                    ``(B) Covered vessels.--A covered vessel referred to in 
                subparagraph (A) is--
                            ``(i) a vessel eligible under subsection (a), (b), 
                        or (c) that is replaced under paragraph (1); or
                            ``(ii) a vessel eligible under subsection (a), (b), 
                        or (c) that is rebuilt to increase its registered 
                        length, gross tonnage, or shaft horsepower.
            ``(5) Limitation on fishery endorsements.--Any vessel that is 
        replaced under this subsection shall thereafter not be eligible for a 
        fishery endorsement under section 12113 of title 46, United States Code, 
        unless that vessel is also a replacement vessel described in paragraph 
        (1).
            ``(6) Gulf of alaska limitation.--Notwithstanding paragraph (1), the 
        Secretary shall prohibit from participation in the groundfish fisheries 
        of the Gulf of Alaska any vessel that is rebuilt or replaced under this 
        subsection and that exceeds the maximum length overall specified on the 
        license that authorizes fishing for groundfish pursuant to the license 
        limitation program under part 679 of title 50, Code of Federal 
        Regulations, as in effect on the date of enactment of the Coast Guard 
        Authorization Act of 2010.
            ``(7) Authority of pacific council.--Nothing in this section shall 
        be construed to diminish or otherwise affect the authority of the 
        Pacific Council to recommend to the Secretary conservation and 
        management measures to protect fisheries under its jurisdiction 
        (including the Pacific whiting fishery) and participants in such 
        fisheries from adverse impacts caused by this Act.''.
            (2) Repeal of exemption of certain vessels.--Section 203(g) of the 
        American Fisheries Act (title II of division C of Public Law 105-277; 
        112 Stat. 2681-620) is repealed.
            (3) Fishery cooperative exit provisions.--Section 210(b) of the 
        American Fisheries Act (title II of division C of Public Law 105-277; 
        112 Stat. 2681-629) is amended--
                    (A) by moving the matter beginning with ``the Secretary 
                shall'' in paragraph (1) 2 ems to the right; and
                    (B) by adding at the end the following:
            ``(7) Fishery cooperative exit provisions.--
                    ``(A) Fishing allowance determination.--For purposes of 
                determining the aggregate percentage of directed fishing 
                allowances under paragraph (1), when a catcher vessel is removed 
                from the directed pollock fishery, the fishery allowance for 
                pollock for the vessel being removed--
                            ``(i) shall be based on the catch history 
                        determination for the vessel made pursuant to section 
                        679.62 of title 50, Code of Federal Regulations, as in 
                        effect on the date of enactment of the Coast Guard 
                        Authorization Act of 2010; and
                            ``(ii) shall be assigned, for all purposes under 
                        this title, in the manner specified by the owner of the 
                        vessel being removed to any other catcher vessel or 
                        among other catcher vessels participating in the fishery 
                        cooperative if such vessel or vessels remain in the 
                        fishery cooperative for at least one year after the date 
                        on which the vessel being removed leaves the directed 
                        pollock fishery.
                    ``(B) Eligibility for fishery endorsement.--Except as 
                provided in subparagraph (C), a vessel that is removed pursuant 
                to this paragraph shall be permanently ineligible for a fishery 
                endorsement, and any claim (including relating to catch history) 
                associated with such vessel that could qualify any owner of such 
                vessel for any permit to participate in any fishery within the 
                exclusive economic zone of the United States shall be 
                extinguished, unless such removed vessel is thereafter 
                designated to replace a vessel to be removed pursuant to this 
                paragraph.
                    ``(C) Limitations on statutory construction.--Nothing in 
                this paragraph shall be construed--
                            ``(i) to make the vessels AJ (United States official 
                        number 905625), DONA MARTITA (United States official 
                        number 651751), NORDIC EXPLORER (United States official 
                        number 678234), and PROVIDIAN (United States official 
                        number 1062183) ineligible for a fishery endorsement or 
                        any permit necessary to participate in any fishery under 
                        the authority of the New England Fishery Management 
                        Council or the Mid-Atlantic Fishery Management Council 
                        established, respectively, under subparagraphs (A) and 
                        (B) of section 302(a)(1) of the Magnuson-Stevens Act; or
                            ``(ii) to allow the vessels referred to in clause 
                        (i) to participate in any fishery under the authority of 
                        the Councils referred to in clause (i) in any manner 
                        that is not consistent with the fishery management plan 
                        for the fishery developed by the Councils under section 
                        303 of the Magnuson-Stevens Act.''.

SEC. 603. COLD WEATHER SURVIVAL TRAINING.

    The Commandant of the Coast Guard shall report to the Committee on 
Transportation and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate on the efficacy 
of cold weather survival training conducted by the Coast Guard over the 
preceding 5 years. The report shall include plans for conducting such training 
in fiscal years 2010 through 2013.

SEC. 604. FISHING VESSEL SAFETY.

    (a) Safety Standards.--Section 4502 of title 46, United States Code, is 
amended--
            (1) in subsection (a), by--
                    (A) striking paragraphs (6) and (7) and inserting the 
                following:
            ``(6) other equipment required to minimize the risk of injury to the 
        crew during vessel operations, if the Secretary determines that a risk 
        of serious injury exists that can be eliminated or mitigated by that 
        equipment; and''; and
                    (B) redesignating paragraph (8) as paragraph (7);
            (2) in subsection (b)--
                    (A) in paragraph (1) in the matter preceding subparagraph 
                (A), by striking ``documented'';
                    (B) in paragraph (1)(A), by striking ``the Boundary Line'' 
                and inserting ``3 nautical miles from the baseline from which 
                the territorial sea of the United States is measured or beyond 3 
                nautical miles from the coastline of the Great Lakes'';
                    (C) in paragraph (2)(B), by striking ``lifeboats or 
                liferafts'' and inserting ``a survival craft that ensures that 
                no part of an individual is immersed in water'';
                    (D) in paragraph (2)(D), by inserting ``marine'' before 
                ``radio'';
                    (E) in paragraph (2)(E), by striking ``radar reflectors, 
                nautical charts, and anchors'' and inserting ``nautical charts, 
                and publications'';
                    (F) in paragraph (2)(F), by striking ``, including medicine 
                chests'' and inserting ``and medical supplies sufficient for the 
                size and area of operation of the vessel''; and
                    (G) by amending paragraph (2)(G) to read as follows:
            ``(G) ground tackle sufficient for the vessel.'';
            (3) by amending subsection (f) to read as follows:
    ``(f) To ensure compliance with the requirements of this chapter, the 
Secretary--
            ``(1) shall require the individual in charge of a vessel described 
        in subsection (b) to keep a record of equipment maintenance, and 
        required instruction and drills; and
            ``(2) shall examine at dockside a vessel described in subsection (b) 
        at least once every 2 years, and shall issue a certificate of compliance 
        to a vessel meeting the requirements of this chapter.''; and
            (4) by adding at the end the following:
    ``(g)(1) The individual in charge of a vessel described in subsection (b) 
must pass a training program approved by the Secretary that meets the 
requirements in paragraph (2) of this subsection and hold a valid certificate 
issued under that program.
    ``(2) The training program shall--
            ``(A) be based on professional knowledge and skill obtained through 
        sea service and hands-on training, including training in seamanship, 
        stability, collision prevention, navigation, fire fighting and 
        prevention, damage control, personal survival, emergency medical care, 
        emergency drills, and weather;
            ``(B) require an individual to demonstrate ability to communicate in 
        an emergency situation and understand information found in navigation 
        publications;
            ``(C) recognize and give credit for recent past experience in 
        fishing vessel operation; and
            ``(D) provide for issuance of a certificate to an individual that 
        has successfully completed the program.
    ``(3) The Secretary shall prescribe regulations implementing this 
subsection. The regulations shall require that individuals who are issued a 
certificate under paragraph (2)(D) must complete refresher training at least 
once every 5 years as a condition of maintaining the validity of the 
certificate.
    ``(4) The Secretary shall establish a publicly accessible electronic 
database listing the names of individuals who have participated in and received 
a certificate confirming successful completion of a training program approved by 
the Secretary under this section.
    ``(h) A vessel to which this chapter applies shall be constructed in a 
manner that provides a level of safety equivalent to the minimum safety 
standards the Secretary may establish for recreational vessels under section 
4302, if--
            ``(1) subsection (b) of this section applies to the vessel;
            ``(2) the vessel is less than 50 feet overall in length; and
            ``(3) the vessel is built after January 1, 2010.
    ``(i)(1) The Secretary shall establish a Fishing Safety Training Grants 
Program to provide funding to municipalities, port authorities, other 
appropriate public entities, not-for-profit organizations, and other qualified 
persons that provide commercial fishing safety training--
            ``(A) to conduct fishing vessel safety training for vessel operators 
        and crewmembers that--
                    ``(i) in the case of vessel operators, meets the 
                requirements of subsection (g); and
                    ``(ii) in the case of crewmembers, meets the requirements of 
                subsection (g)(2)(A), such requirements of subsection (g)(2)(B) 
                as are appropriate for crewmembers, and the requirements of 
                subsections (g)(2)(D), (g)(3), and (g)(4); and
            ``(B) for purchase of safety equipment and training aids for use in 
        those fishing vessel safety training programs.
    ``(2) The Secretary shall award grants under this subsection on a 
competitive basis.
    ``(3) The Federal share of the cost of any activity carried out with a grant 
under this subsection shall not exceed 75 percent.
    ``(4) There is authorized to be appropriated $3,000,000 for each of fiscal 
years 2010 through 2014 for grants under this subsection.
    ``(j)(1) The Secretary shall establish a Fishing Safety Research Grant 
Program to provide funding to individuals in academia, members of non-profit 
organizations and businesses involved in fishing and maritime matters, and other 
persons with expertise in fishing safety, to conduct research on methods of 
improving the safety of the commercial fishing industry, including vessel 
design, emergency and survival equipment, enhancement of vessel monitoring 
systems, communications devices, de-icing technology, and severe weather 
detection.
    ``(2) The Secretary shall award grants under this subsection on a 
competitive basis.
    ``(3) The Federal share of the cost of any activity carried out with a grant 
under this subsection shall not exceed 75 percent.
    ``(4) There is authorized to be appropriated $3,000,000 for each fiscal 
years 2010 through 2014 for activities under this subsection.''.
    (b) Conforming Amendment.--Section 4506(b) of title 46, United States Code, 
is repealed.
    (c) Advisory Committee.--
            (1) Change of name.--Section 4508 of title 46, United States Code, 
        is amended--
                    (A) by striking the section heading and inserting the 
                following:
``Sec. 4508. Commercial Fishing Safety Advisory Committee'';
                and
                    (B) in subsection (a) by striking ``Industry Vessel''.
            (2) Membership requirements.--Section 4508(b)(1) of that title is 
        amended--
                    (A) by striking ``seventeen'' and inserting ``eighteen'';
                    (B) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by striking 
                        ``from the commercial fishing industry who--'' and 
                        inserting ``who shall represent the commercial fishing 
                        industry and who--''; and
                            (ii) in clause (ii), by striking ``an uninspected'' 
                        and inserting ``a'';
                    (C) by striking subparagraph (B) and inserting the 
                following:
            ``(B) three members who shall represent the general public, 
        including, whenever possible--
                    ``(i) an independent expert or consultant in maritime 
                safety;
                    ``(ii) a marine surveyor who provides services to vessels to 
                which this chapter applies; and
                    ``(iii) a person familiar with issues affecting fishing 
                communities and families of fishermen;''; and
                    (D) in subparagraph (C)--
                            (i) in the matter preceding clause (i), by striking 
                        ``representing each of--'' 
                        and inserting ``each of whom shall represent--'';
                            (ii) in clause (i), by striking ``or marine 
                        surveyors;'' and inserting ``and marine engineers;'';
                            (iii) in clause (iii), by striking ``and'' after the 
                        semicolon at the end;
                            (iv) in clause (iv), by striking the period at the 
                        end and inserting ``; and''; and
                            (v) by adding at the end the following new clause:
                    ``(v) owners of vessels to which this chapter applies.''.
            (3) Termination.--Section 4508(e)(1) of that title is amended by 
        striking ``September 30, 2010.'' and inserting ``September 30, 2020.''.
            (4) Clerical amendment.--The table of sections at the beginning of 
        chapter 45 of title 46, United States Code, is amended by striking the 
        item relating to such section and inserting the following:

``4508. Commercial Fishing Safety Advisory Committee.''.
    (d) Loadlines for Vessels 79 Feet or Greater in Length.--
            (1) Limitation on exemption for fishing vessels.--Section 5102(b)(3) 
        of title 46, United States Code, is amended by inserting after 
        ``vessel'' the following ``, unless the vessel is built after July 1, 
        2012''.
            (2) Alternate program for certain fishing vessels.--Section 5103 of 
        title 46, United States Code, is amended by adding at the end the 
        following:
    ``(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:
``Sec. 4503. Fishing, fish tender, and fish processing vessel certification'';
                    (B) in subsection (a) by striking ``fish processing''; and
                    (C) by adding at the end the following:
    ``(c) This section applies to a vessel to which section 4502(b) of this 
title applies that is at least 50 feet overall in length and is built after July 
1, 2012.
    ``(d)(1) After January 1, 2020, a fishing vessel, fish processing vessel, or 
fish tender vessel to which section 4502(b) of this title applies shall comply 
with an alternate safety compliance program that is developed in cooperation 
with the commercial fishing industry and prescribed by the Secretary, if the 
vessel--
            ``(A) is at least 50 feet overall in length;
            ``(B) is built before July 1, 2012; and
            ``(C) is 25 years of age or older.
    ``(2) A fishing vessel, fish processing vessel, or fish tender vessel built 
before July 1, 2012, that undergoes a substantial change to the dimension of or 
type of vessel completed after the later of July 1, 2012, or the date the 
Secretary establishes standards for an alternate safety compliance program, 
shall comply with such an alternative safety compliance program that is 
developed in cooperation with the commercial fishing industry and prescribed by 
the Secretary.
    ``(3) Alternative safety compliance programs may be developed for purposes 
of paragraph (1) for specific regions and fisheries.
    ``(4) Notwithstanding paragraph (1), vessels owned by a person that owns 
more than 30 vessels subject to that paragraph are not required to meet the 
alternate safety compliance requirements of that paragraph until January 1, 
2030, if that owner enters into a compliance agreement with the Secretary that 
provides for a fixed schedule for all of the vessels owned by that person to 
meet requirements of that paragraph by that date and the vessel owner is meeting 
that schedule.
    ``(5) A fishing vessel, fish processing vessel, or fish tender vessel to 
which section 4502(b) of this title applies that was classed before July 1, 
2012, shall--
            ``(A) remain subject to the requirements of a classification society 
        approved by the Secretary; and
            ``(B) have on board a certificate from that society.''.
            (2) Clerical amendment.--The table of sections at the beginning of 
        chapter 45 of title 46, United States Code, is amended by striking the 
        item relating to such section and inserting the following:

``4503. Fishing, fish tender, and fish processing vessel 
                            certification.''.
    (f) Alternative Safety Compliance Program.--No later than January 1, 2017, 
the Secretary of the department in which the Coast Guard is operating shall 
prescribe an alternative safety compliance program referred to in section 
4503(d)(1) of the title 46, United States Code, as amended by this section.

SEC. 605. MARINER RECORDS.

    Section 7502 of title 46, United States Code, is amended--
            (1) by inserting ``(a)'' before ``The'';
            (2) by striking ``computerized records'' and inserting ``records, 
        including electronic records,''; and
            (3) by adding at the end the following:
    ``(b) The Secretary may prescribe regulations requiring a vessel owner or 
managing operator of a commercial vessel, or the employer of a seaman on that 
vessel, to maintain records of each individual engaged on the vessel subject to 
inspection under chapter 33 on matters of engagement, discharge, and service for 
not less than 5 years after the date of the completion of the service of that 
individual on the vessel. The regulations may require that a vessel owner, 
managing operator, or employer shall make these records available to the 
individual and the Coast Guard on request.
    ``(c) A person violating this section, or a regulation prescribed under this 
section, is liable to the United States Government for a civil penalty of not 
more than $5,000.''.

SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR OPERATORS OF CERTAIN 
              TOWING VESSELS.

    Section 8905 of title 46, United States Code, is amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsection (c) as subsection (b).

SEC. 607. LOG BOOKS.

    (a) In General.--Chapter 113 of title 46, United States Code, is amended by 
adding at the end the following:
``Sec. 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:
``Sec. 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.
``Sec. 2118. Establishment of equipment standards
    ``(a) In establishing standards for approved equipment required on vessels 
subject to part B of this title, the Secretary shall establish standards that 
are--
            ``(1) based on performance using the best available technology that 
        is economically achievable; and
            ``(2) operationally practical.
    ``(b) Using the standards established under subsection (a), the Secretary 
may also certify lifesaving equipment that is not required to be carried on 
vessels subject to part B of this title to ensure that such equipment is 
suitable for its intended purpose.
    ``(c) At least once every 10 years the Secretary shall review and revise the 
standards established under subsection (a) to ensure that the standards meet the 
requirements of this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of such 
chapter is further amended by adding at the end the following:

``2117. Termination for unsafe operation.
``2118. Establishment of equipment standards.''.

SEC. 609. APPROVAL OF SURVIVAL CRAFT.

    (a) In General.--Chapter 31 of title 46, United States Code, is amended by 
adding at the end the following new section:
``Sec. 3104. Survival craft
    ``(a) Except as provided in subsection (b), the Secretary may not approve a 
survival craft as a safety device for purposes of this part, unless the craft 
ensures that no part of an individual is immersed in water.
    ``(b) The Secretary may authorize a survival craft that does not provide 
protection described in subsection (a) to remain in service until not later than 
January 1, 2015, if--
            ``(1) it was approved by the Secretary before January 1, 2010; and
            ``(2) it is in serviceable condition.''.
    (b) Clerical Amendment.--The table of sections at the beginning of such 
chapter is amended by adding at the end the following:

``3104. Survival craft.''.

SEC. 610. SAFETY MANAGEMENT.

    (a) Vessels to Which Requirements Apply.--Section 3202 of title 46, United 
States Code, is amended--
            (1) in subsection (a) by striking the heading and inserting 
        ``Foreign Voyages and Foreign Vessels.--'';
            (2) by redesignating subsections (b) and (c) as subsections (c) and 
        (d), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Other Passenger Vessels.--This chapter applies to a vessel that is--
            ``(1) a passenger vessel or small passenger vessel; and
            ``(2) is transporting more passengers than a number prescribed by 
        the Secretary based on the number of individuals on the vessel that 
        could be killed or injured in a marine casualty.'';
            (4) in subsection (d), as so redesignated, by striking ``subsection 
        (b)'' and inserting ``subsection (c)''; and
            (5) in subsection (d)(4), as so redesignated, by inserting ``that is 
        not described in subsection (b) of this section'' after ``waters''.
    (b) Safety Management System.--Section 3203 of title 46, United States Code, 
is amended by adding at the end the following new subsection:
    ``(c) In prescribing regulations for passenger vessels and small passenger 
vessels, the Secretary shall consider--
            ``(1) the characteristics, methods of operation, and nature of the 
        service of these vessels; and
            ``(2) with respect to vessels that are ferries, the sizes of the 
        ferry systems within which the vessels operate.''.

SEC. 611. PROTECTION AGAINST DISCRIMINATION.

    (a) In General.--Section 2114 of title 46, United States Code, is amended--
            (1) in subsection (a)(1)(A), by striking ``or'' after the semicolon;
            (2) in subsection (a)(1)(B), by striking the period at the end and 
        inserting a semicolon;
            (3) by adding at the end of subsection (a)(1) the following new 
        subparagraphs:
            ``(C) the seaman testified in a proceeding brought to enforce a 
        maritime safety law or regulation prescribed under that law;
            ``(D) the seaman notified, or attempted to notify, the vessel owner 
        or the Secretary of a work-related personal injury or work-related 
        illness of a seaman;
            ``(E) the seaman cooperated with a safety investigation by the 
        Secretary or the National Transportation Safety Board;
            ``(F) the seaman furnished information to the Secretary, the 
        National Transportation Safety Board, or any other public official as to 
        the facts relating to any marine casualty resulting in injury or death 
        to an individual or damage to property occurring in connection with 
        vessel transportation; or
            ``(G) the seaman accurately reported hours of duty under this 
        part.''; and
            (4) by amending subsection (b) to read as follows:
    ``(b) A seaman alleging discharge or discrimination in violation of 
subsection (a) of this section, or another person at the seaman's request, may 
file a complaint with respect to such allegation in the same manner as a 
complaint may be filed under subsection (b) of section 31105 of title 49. Such 
complaint shall be subject to the procedures, requirements, and rights described 
in that section, including with respect to the right to file an objection, the 
right of a person to file for a petition for review under subsection (c) of that 
section, and the requirement to bring a civil action under subsection (d) of 
that section.''.
    (b) Existing Actions.--This section shall not affect the application of 
section 2114(b) of title 46, United States Code, as in effect before the date of 
enactment of this Act, to an action filed under that section before that date.

SEC. 612. OIL FUEL TANK PROTECTION.

    Section 3306 of title 46, United States Code, is amended by adding at the 
end the following new subsection:
    ``(k)(1) Each vessel of the United States that is constructed under a 
contract entered into after the date of enactment of the Maritime Safety Act of 
2010, or that is delivered after January 1, 2011, with an aggregate capacity of 
600 cubic meters or more of oil fuel, shall comply with the requirements of 
Regulation 12A under Annex I to the Protocol of 1978 relating to the 
International Convention for the Prevention of Pollution from Ships, 1973, 
entitled `Oil Fuel Tank Protection'.
    ``(2) The Secretary may prescribe regulations to apply the requirements 
described in Regulation 12A to vessels described in paragraph (1) that are not 
otherwise subject to that convention. Any such regulation shall be considered to 
be an interpretive rule for the purposes of section 553 of title 5.
    ``(3) In this subsection the term `oil fuel' means any oil used as fuel in 
connection with the propulsion and auxiliary machinery of the vessel in which 
such oil is carried.''.

SEC. 613. OATHS.

    Section 7105 of title 46, United States Code, is amended by striking 
``before a designated official''.

SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' 
              DOCUMENTS.

    (a) Merchant Mariner's Documents.--Section 7302(f) of title 46, United 
States Code, is amended to read as follows:
    ``(f) Periods of Validity and Renewal of Merchant Mariners' Documents.--
            ``(1) In general.--Except as provided in subsection (g), a merchant 
        mariner's document issued under this chapter is valid for a 5-year 
        period and may be renewed for additional 5-year periods.
            ``(2) Advance renewals.--A renewed merchant mariner's document may 
        be issued under this chapter up to 8 months in advance but is not 
        effective until the date that the previously issued merchant mariner's 
        document expires or until the completion of any active suspension or 
        revocation of that previously issued merchant mariner's document, 
        whichever is later.''.
    (b) Duration of Licenses.--Section 7106 of such title is amended to read as 
follows:
``Sec. 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:
``Sec. 7107. Duration of certificates of registry
    ``(a) In General.--A certificate of registry issued under this part is valid 
for a 5-year period and may be renewed for additional 5-year periods; except 
that the validity of a certificate issued to a medical doctor or professional 
nurse is conditioned on the continuous possession by the holder of a license as 
a medical doctor or registered nurse, respectively, issued by a State.
    ``(b) Advance Renewals.--A renewed certificate of registry issued under this 
part may be issued up to 8 months in advance but is not effective until the date 
that the previously issued certificate of registry expires or until the 
completion of any active suspension or revocation of that previously issued 
merchant mariner's document, whichever is later.''.

SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES OF 
              REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.

    (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 46, United 
States Code, is amended by adding at the end the following:
``Sec. 7507. Authority to extend the duration of licenses, certificates of 
              registry, and merchant mariner documents
    ``(a) Licenses and Certificates of Registry.--Notwithstanding sections 7106 
and 7107, the Secretary of the department in which the Coast Guard is operating 
may--
            ``(1) extend for not more than one year an expiring license or 
        certificate of registry issued for an individual under chapter 73 if the 
        Secretary determines that the extension is required to enable the Coast 
        Guard to eliminate a backlog in processing applications for those 
        licenses or certificates of registry or in response to a national 
        emergency or natural disaster, as deemed necessary by the Secretary; or
            ``(2) issue for not more than five years an expiring license or 
        certificate of registry issued for an individual under chapter 73 for 
        the exclusive purpose of aligning the expiration date of such license or 
        certificate of registry with the expiration date of a merchant mariner's 
        document.
    ``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), the 
Secretary may--
            ``(1) extend for not more than one year an expiring merchant 
        mariner's document issued for an individual under chapter 73 if the 
        Secretary determines that the extension is required to enable the Coast 
        Guard to eliminate a backlog in processing applications for those 
        licenses or certificates of registry or in response to a national 
        emergency or natural disaster, as deemed necessary by the Secretary; or
            ``(2) issue for not more than five years an expiring merchant 
        mariner's document issued for an individual under chapter 73 for the 
        exclusive purpose of aligning the expiration date of such merchant 
        mariner's document with the expiration date of a merchant mariner's 
        document.
    ``(c) Manner of Extension.--Any extensions granted under this section may be 
granted to individual seamen or a specifically identified group of seamen.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended by adding 
at the end the following:

``7507. Authority to extend the duration of licenses, certificates of 
                            registry, and merchant mariner 
                            documents.''.

SEC. 616. MERCHANT MARINER ASSISTANCE REPORT.

    Not later than 180 days after the date of enactment of this Act, the 
Commandant of the Coast Guard shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report regarding the 
feasibility of--
            (1) expanding the streamlined evaluation process program that was 
        affiliated with the Houston Regional Examination Center of the Coast 
        Guard to all processing centers of the Coast Guard nationwide;
            (2) including proposals to simplify the application process for a 
        license as an officer, staff officer, or operator and for a merchant 
        mariner's document to help eliminate errors by merchant mariners when 
        completing the application form (CG-719B), including instructions 
        attached to the application form and a modified application form for 
        renewals with questions pertaining only to the period of time since the 
        previous application;
            (3) providing notice to an applicant of the status of the pending 
        application, including a process to allow the applicant to check on the 
        status of the application by electronic means; and
            (4) ensuring that all information collected with respect to 
        applications for new or renewed licenses, merchant mariner documents, 
        and certificates of registry is retained in a secure electronic format.

SEC. 617. OFFSHORE SUPPLY VESSELS.

    (a) Removal of Tonnage Limits.--
            (1) Definition.--
                    (A) In general.--Section 2101(19) of title 46, United States 
                Code, is amended by striking ``of more than 15 gross tons but 
                less than 500 gross tons as measured under section 14502 of this 
                title, or an alternate tonnage measured under section 14302 of 
                this title as prescribed by the Secretary under section 14104 of 
                this title''.
                    (B) Exemption.--Section 5209(b)(1) of the Oceans Act of 1992 
                (Public Law 102-587; 46 U.S.C. 2101 note) is amended by striking 
                ``vessel.'' and inserting ``vessel of less than 500 gross tons 
                as measured under section 14502, or an alternate tonnage 
                measured under section 14302 of such title as prescribed by the 
                Secretary under section 14104 of such title.''.
            (2) Application.--Section 3702(b) of title 46, United States Code, 
        is amended by striking paragraph (1) and redesignating paragraphs (2) 
        and (3) as paragraphs (1) and (2), respectively.
    (b) Scale of Employment: Able Seamen.--Section 7312(d) of title 46, United 
States Code, is amended to read as follows:
    ``(d) Individuals Qualified as Able Seamen.--Offshore supply vessel under 
section 7310 of this title may constitute all of the able seamen required on 
board a vessel of less than 500 gross tons as measured under section 14502 of 
this title or 6,000 gross tons as measured under section 14302 of this title 
engaged in support of exploration, exploitation, or production of offshore 
mineral or energy resources. Individuals qualified as able seamen--limited under 
section 7308 of this title may constitute all of the able seamen required on 
board a vessel of at least 500 gross tons as measured under section 14502 of 
this title or 6,000 gross tons as measured under section as measured under 
section 14302 of this title as prescribed by the Secretary under section 14104 
of this title engaged in support of exploration, exploitation, or production of 
offshore mineral or energy resources.''.
    (c) Minimum Number of Licensed Individuals.--Section 8301(b) of title 46, 
United States Code, is amended to read as follows:
    ``(b)(1) An offshore supply vessel of less than 500 gross tons as measured 
under section 14502 of this title or 6,000 gross tons as measured under section 
14302 of this title on a voyage of less than 600 miles shall have a licensed 
mate. If the vessel is on a voyage of at least 600 miles, however, the vessel 
shall have 2 licensed mates.
    ``(2) An offshore supply vessel of at least 6,000 gross tons as measured 
under section 14302 of this title on a voyage of less than 600 miles shall have 
at least two licensed mates, provided the offshore supply vessel meets the 
requirements of section 8104(g)(2). An offshore supply vessel of at least 6,000 
gross tons as measured under section 14302 of this title on a voyage of at least 
600 miles shall have three licensed mates.
    ``(3) An offshore supply vessel of more than 200 gross tons as measured 
under section 14502 of this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under section 14104 
of this title, may not be operated without a licensed engineer.''.
    (d) Watches.--Section 8104(g) of title 46, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(g)''; and
            (2) by adding at the end the following:
    ``(2) Paragraph (1) applies to an offshore supply vessel of at least 6,000 
gross tons as measured under section 14302 of this title if the individuals 
engaged on the vessel are in compliance with hours of service requirements 
(including recording and recordkeeping of that service) as prescribed by the 
Secretary.''.
    (e) Oil Fuel Tank Protection.--
            (1) Application.--An offshore supply vessel of at least 6,000 gross 
        tons as measured under section 14302 of title 46, United States Code, 
        that is constructed under a contract entered into after the date of 
        enactment of this Act, or that is delivered after August 1, 2010, with 
        an aggregate capacity of 600 cubic meters or more of oil fuel, shall 
        comply with the requirements of Regulation 12A under Annex I to the 
        Protocol of 1978 relating to the International Convention for the 
        Prevention of Pollution from Ships, 1973, entitled Oil Fuel Tank 
        Protection, regardless of whether such vessel is engaged in the 
        coastwise trade or on an international voyage.
            (2) Definition.--In this subsection the term ``oil fuel'' means any 
        oil used as fuel in connection with the propulsion and auxiliary 
        machinery of the vessel in which such oil is carried.
    (f) Regulations.--
            (1) In general.--Not later than January 1, 2012, the Secretary of 
        the department in which the Coast Guard is operating shall promulgate 
        regulations to implement the amendments and authorities enacted by this 
        section for offshore supply vessels of at least 6,000 gross tons as 
        measured under section 14302 of title 46, United States Code, and to 
        ensure the safe carriage of oil, hazardous substances, and individuals 
        in addition to the crew on such vessels. The final rule issued pursuant 
        to such rulemaking may supersede the interim final rule promulgated 
        under paragraph (2) of this subsection. In promulgating regulations 
        under this subsection, the Secretary shall take into consideration the 
        characteristics of offshore supply vessels, their methods of operation, 
        and their service in support of exploration, exploitation, or production 
        of offshore mineral or energy resources.
            (2) Interim final rule authority.--As soon as is practicable and 
        without regard to the provisions of chapters 5 and 6 of title 5, United 
        States Code, the Secretary shall issue an interim final rule as a 
        temporary regulation implementing this section (including the amendments 
        made by this section) for offshore supply vessels of at least 6,000 
        gross tons as measured under section 14302 of title 46, United States 
        Code, and to ensure the safe carriage of oil, hazardous substances, and 
        individuals in addition to the crew on such vessels.
            (3) Interim period.--After the effective date of this Act, prior to 
        the effective date of the regulations prescribed by paragraph (2) of 
        this subsection, and without regard to the provisions of chapters 5 and 
        6 of title 5, United States Code, and the offshore supply vessel tonnage 
        limits of applicable regulations and policy guidance promulgated prior 
        to the date of enactment of this Act, the Secretary of the department in 
        which the Coast Guard is operating may--
                    (A) issue a certificate of inspection under section 3309 of 
                title 46, United States Code, to an offshore supply vessel of at 
                least 6,000 gross tons as measured under section 14302 of that 
                title if the Secretary determines that such vessel's 
                arrangements and equipment meet the current Coast Guard 
                requirements for certification as a cargo and miscellaneous 
                vessel;
                    (B) authorize a master, mate, or engineer who possesses an 
                ocean or near coastal license and endorsement under part 11 of 
                subchapter B of title 46, Code of Federal Regulations, (or any 
                successor regulation) that qualifies the licensed officer for 
                service on offshore supply vessels of at least 3,000 gross tons 
                but less than 6,000 gross tons, as measured under section 14302 
                of title 46, United States Code, to operate offshore supply 
                vessels of at least 6,000 gross tons, as measured under such 
                section; and
                    (C) authorize any such master, mate, or engineer who also 
                possesses an ocean or near coastal license and endorsement under 
                such part that qualifies the licensed officer for service on non 
                trade-restricted vessels of at least 1,600 gross tons but less 
                than 3,000 gross tons, as measured under such section, to 
                increase the tonnage limitation of such license and endorsement 
                under section 402(c) of such part, using service on vessels 
                certificated under both subchapters I and L of such title and 
                measured only under such section, except that such tonnage 
                limitation shall not exceed 10,000 gross tons as measured under 
                such section.

SEC. 618. ASSOCIATED EQUIPMENT.

    Section 2101(1)(B) of title 46, United States Code, is amended by inserting 
``with the exception of emergency locator beacons for recreational vessels 
operating beyond 3 nautical miles from the baselines from which the territorial 
sea of the United States is measured or beyond 3 nautical miles from the 
coastline of the Great Lake,'' before ``does''.

SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS.

    Section 4102(b) of title 46, United States Code, is amended to read as 
follows:
    ``(b) The Secretary shall prescribe regulations requiring the installation, 
maintenance, and use of life preservers and other lifesaving devices for 
individuals on board uninspected vessels.''.

SEC. 620. STUDY OF BLENDED FUELS IN MARINE APPLICATION.

    (a) Survey.--
            (1) In general.--Not later than 180 days after the date of enactment 
        of this Act, the Secretary of Homeland Security, acting through the 
        Commandant of the Coast Guard, shall submit a survey of published data 
        and reports, pertaining to the use, safety, and performance of blended 
        fuels in marine applications, to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the Committees on 
        Commerce, Science, and Transportation of the Senate.
            (2) Included information.--To the extent possible, the survey 
        required in subsection (a), shall include data and reports on--
                    (A) the impact of blended fuel on the operation, durability, 
                and performance of recreational and commercial marine engines, 
                vessels, and marine engine and vessel components and associated 
                equipment;
                    (B) the safety impacts of blended fuels on consumers that 
                own and operate recreational and commercial marine engines and 
                marine engine components and associated equipment; and
                    (C) to the extent available, fires and explosions on board 
                vessels propelled by engines using blended fuels.
    (b) Study.--
            (1) In general.--Not later than 36 months after the date of 
        enactment of this Act, the Secretary, acting through the Commandant, 
        shall conduct a comprehensive study on the use, safety, and performance 
        of blended fuels in marine applications. The Secretary is authorized to 
        conduct such study in conjunction with--
                    (A) any other Federal agency;
                    (B) any State government or agency;
                    (C) any local government or agency, including local police 
                and fire departments; and
                    (D) any private entity, including engine and vessel 
                manufacturers.
            (2) Evaluation.--The study shall include an evaluation of--
                    (A) the impact of blended fuel on the operation, durability 
                and performance of recreational and commercial marine engines, 
                vessels, and marine engine and vessel components and associated 
                equipment;
                    (B) the safety impacts of blended fuels on consumers that 
                own and operate recreational and commercial marine engines and 
                marine engine components and associated equipment; and
                    (C) fires and explosions on board vessels propelled by 
                engines using blended fuels.
    (c) Authorization of Appropriations.--There is authorized to be appropriated 
to the Secretary of Homeland Security to carry out the survey and study under 
this section $1,000,000.

SEC. 621. RENEWAL OF ADVISORY COMMITTEES.

    (a) Great Lakes Pilotage Advisory Committee.--Section 9307(f)(1) of title 
46, United States Code, is amended by striking ``September 30, 2010.'' and 
inserting ``September 30, 2020.''.
    (b) National Boating Safety Advisory Council.--Section 13110 of title 46, 
United States Code, is amended--
            (1) in subsection (d), by striking the first sentence; and
            (2) in subsection (e), by striking ``September 30, 2010.'' and 
        inserting ``September 30, 2020.''.
    (c) Houston-Galveston Navigation Safety Advisory Committee.--Section 18(h) 
of the Coast Guard Authorization Act of 1991 (Public Law 102-241 as amended by 
Public Law 104-324) is amended by striking ``September 30, 2010.'' and inserting 
``September 30, 2020.''.
    (d) Lower Mississippi River Waterway Safety Advisory Committee.--Section 19 
of the Coast Guard Authorization Act of 1991 (Public Law 102-241) is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by striking 
                ``twenty-four'' and inserting ``twenty-five''; and
                    (B) by adding at the end the following new paragraph:
            ``(12) One member representing the Associated Federal Pilots and 
        Docking Masters of Louisiana.''; and
            (2) in subsection (g), by striking ``September 30, 2010.'' and 
        inserting ``September 30, 2020.''.
    (e) Towing Safety Advisory Committee.--The Act entitled ``An Act To 
establish a Towing Safety Advisory Committee in the Department of 
Transportation'', approved October 6, 1980, (33 U.S.C. 1231a) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) There is established a Towing Safety Advisory Committee (hereinafter 
referred to as the `Committee'). The Committee shall consist of eighteen members 
with particular expertise, knowledge, and experience regarding shallow-draft 
inland and coastal waterway navigation and towing safety as follows:
            ``(1) Seven members representing the barge and towing industry, 
        reflecting a regional geographic balance.
            ``(2) One member representing the offshore mineral and oil supply 
        vessel industry.
            ``(3) One member representing holders of active licensed Masters or 
        Pilots of towing vessels with experience on the Western Rivers and the 
        Gulf Intracoastal Waterway.
            ``(4) One member representing the holders of active licensed Masters 
        of towing vessels in offshore service.
            ``(5) One member representing Masters who are active 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).
            ``(8) Two members representing the general public.''; and
            (2) in subsection (e), by striking ``September 30, 2010.'' and 
        inserting ``September 30, 2020.''.
    (f) Navigation Safety Advisory Council.--Section 5 of the Inland 
Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended--
            (1) by striking subsections (a) and (b) and inserting the following:
    ``(a) Establishment of Council.--
            ``(1) In general.--The Secretary of the department in which the 
        Coast Guard is operating shall establish a Navigation Safety Advisory 
        Council (hereinafter referred to as the `Council'), consisting of not 
        more than 21 members. All members shall have expertise in Inland and 
        International vessel navigation Rules of the Road, aids to maritime 
        navigation, maritime law, vessel safety, port safety, or commercial 
        diving safety. Upon appointment, all non-Federal members shall be 
        designated as representative members to represent the viewpoints and 
        interests of one of the following groups or organizations:
                    ``(A) Commercial vessel owners or operators.
                    ``(B) Professional mariners.
                    ``(C) Recreational boaters.
                    ``(D) The recreational boating industry.
                    ``(E) State agencies responsible for vessel or port safety.
                    ``(F) The Maritime Law Association.
            ``(2) Panels.--Additional persons may be appointed to panels of the 
        Council to assist the Council in performance of its functions.
            ``(3) Nominations.--The Secretary, through the Coast Guard 
        Commandant, shall not less often than once a year publish a notice in 
        the Federal Register soliciting nominations for membership on the 
        Council.
    ``(b) Functions.--The Council shall advise, consult with, and make 
recommendations to the Secretary, through the Coast Guard Commandant, on matters 
relating to maritime collisions, rammings, groundings, Inland Rules of the Road, 
International Rules of the Road, navigation regulations and equipment, routing 
measures, marine information, diving safety, and aids to navigation systems. Any 
advice and recommendations made by the Council to the Secretary shall reflect 
the independent judgment of the Council on the matter concerned. The Council 
shall meet at the call of the Coast Guard Commandant, but in any event not less 
than twice during each calendar year. All proceedings of the Council shall be 
public, and a record of the proceedings shall be made available for public 
inspection.''; and
            (2) in subsection (d), by striking ``September 30, 2010.'' and 
        inserting ``September 30, 2020.''.
    (g) Delaware River and Bay Oil Spill Advisory Committee.--
            (1) In general.--Section 607 of the Coast Guard and Maritime 
        Transportation Act of 2006 (Public Law 109-241; 120 Stat. 556) is 
        amended--
                    (A) in subsection (c)(2), by striking ``Not later than 18 
                months after the date that the Commandant completes appointment 
                of the members of the Committee,'' and inserting ``Not later 
                than December 31, 2010,'';
                    (B) in subsection (h), by striking ``2007'' and inserting 
                ``2011''; and
                    (C) by striking subsection (i) and inserting the following:
    ``(i) Termination.--The Committee shall terminate 30 days after it transmits 
its report, pursuant to subsection (c)(2), but no later than December 31, 2010, 
whichever is earlier.''.
            (2) Effective date.--The amendments made by this subsection are 
        deemed to have taken effect as if they were enacted on July 11, 2006.
            (3) Charter.--Any charter pertaining to the Delaware River and Bay 
        Oil Spill Advisory Committee is deemed not to have lapsed, and to have 
        remained in effect, and, notwithstanding any other provision of law or 
        policy, shall terminate 30 days after the date the Committee transmits 
        its report, pursuant to section 607(c)(2) of the Coast Guard and 
        Maritime Transportation Act of 2006 (Public Law 109-241; 120 Stat. 557), 
        but not later than December 31, 2010, whichever is earlier.
            (4) Appointments to committee.--Any appointment to the Delaware 
        River and Bay Oil Spill Advisory Committee is deemed not to have lapsed, 
        and to have remained in effect, and, notwithstanding any other provision 
        of law or policy, shall terminate 30 days after the Committee transmits 
        its report, pursuant to section 607(c)(2) of the Coast Guard and 
        Maritime Transportation Act of 2006 (Public Law 109-241; 120 Stat. 557), 
        but not later than December 31, 2010, whichever is earlier.

SEC. 622. DELEGATION OF AUTHORITY.

    (a) In General.--Section 3316 of title 46, United States Code, is amended by 
adding at the end the following new subsection:
    ``(d)(1) The Secretary may delegate to the American Bureau of Shipping or 
another classification society recognized by the Secretary as meeting acceptable 
standards for such a society, for a United States offshore facility, the 
authority to--
            ``(A) review and approve plans required for issuing a certificate of 
        inspection, a certificate of compliance, or any other certification and 
        related documents issued by the Coast Guard pursuant to regulations 
        issued under section 30 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1356); and
            ``(B) conduct inspections and examinations.
    ``(2) The Secretary may make a delegation under paragraph (1) to a foreign 
classification society only if--
            ``(A) the foreign society has offices and maintains records in the 
        United States; and
            ``(B)(i) the government of the foreign country in which the foreign 
        society is headquartered delegates that authority to the American Bureau 
        of Shipping; or
            ``(ii) the Secretary has entered into an agreement with the 
        government of the foreign country in which the foreign society is 
        headquartered that--
                    ``(I) ensures the government of the foreign country will 
                accept plan review, inspections, or examinations conducted by 
                the American Bureau of Shipping and provide equivalent access to 
                inspect, certify, and provide related services to offshore 
                facilities located in that country or operating under the 
                authority of that country; and
                    ``(II) is in full accord with principles of reciprocity in 
                regards to any delegation contemplated by the Secretary under 
                paragraph (1).
    ``(3) If an inspection or examination is conducted under authority delegated 
under this subsection, the person to which the authority was delegated--
            ``(A) shall maintain in the United States complete files of all 
        information derived from or necessarily connected with the inspection or 
        examination for at least 2 years after the United States offshore 
        facility ceases to be certified; and
            ``(B) shall permit access to those files at all reasonable times to 
        any officer, employee, or member of the Coast Guard designated--
                    ``(i) as a marine inspector and serving in a position as a 
                marine inspector; or
                    ``(ii) in writing by the Secretary to have access to those 
                files.
    ``(4) For purposes of this subsection--
            ``(A) the term `offshore facility' means any installation, 
        structure, or other device (including any vessel not documented under 
        chapter 121 of this title or the laws of another country), fixed or 
        floating, that dynamically holds position or is temporarily or 
        permanently attached to the seabed or subsoil under the sea; and
            ``(B) the term `United States offshore facility' means any offshore 
        facility, fixed or floating, that dynamically holds position or is 
        temporarily or permanently attached to the seabed or subsoil under the 
        territorial sea of the United States or the outer Continental Shelf (as 
        that term is defined in section 2 of the Outer Continental Shelf Lands 
        Act (43 U.S.C. 1331)), including any vessel, rig, platform, or other 
        vehicle or structure subject to regulation under section 30 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1356).''.
    (b) Review and Approval of Classification Society Required.--Section 3316(c) 
of title 46, United States Code, is amended by striking so much as precedes 
paragraph (2) and inserting the following:
    ``(c)(1) A classification society (including an employee or agent of that 
society) may not review, examine, survey, or certify the construction, repair, 
or alteration of a vessel in the United States unless the society has applied 
for approval under this subsection and the Secretary has reviewed and approved 
that society with respect to the conduct of that society under paragraph (2).''.

                       TITLE VII--OIL POLLUTION PREVENTION

SEC. 701. RULEMAKINGS.

    (a) Status Report.--
            (1) In general.--Not later than 90 days after the date of enactment 
        of this Act, the Secretary of the department in which the Coast Guard is 
        operating shall provide a report to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives Committee 
        on Transportation and Infrastructure on the status of all Coast Guard 
        rulemakings required or otherwise being developed (but for which no 
        final rule has been issued as of the date of enactment of this Act) 
        under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 
        1321).
            (2) Information required.--The Secretary shall include in the report 
        required in paragraph (1)--
                    (A) a detailed explanation with respect to each such 
                rulemaking as to--
                            (i) what steps have been completed;
                            (ii) what areas remain to be addressed; and
                            (iii) the cause of any delays; and
                    (B) the date by which a final rule may reasonably be 
                expected to be issued.
    (b) Final Rules.--The Secretary shall issue a final rule in each pending 
rulemaking described in subsection (a) as soon as practicable, but in no event 
later than 18 months after the date of enactment of this Act.
    (c) Towing Vessels.--No later than 90 days after the date of enactment of 
this Act, the Secretary shall issue a notice of proposed rulemaking regarding 
inspection requirements for towing vessels required under section 3306(j) of 
title 46, United States Code. The Secretary shall issue a final rule pursuant to 
that rulemaking no later than 1 year after the date of enactment of this Act.

SEC. 702. OIL TRANSFERS FROM VESSELS.

    (a) Regulations.--Within 1 year after the date of enactment of this Act, the 
Secretary shall promulgate regulations to reduce the risks of oil spills in 
operations involving the transfer of oil from or to a tank vessel. The 
regulations--
            (1) shall focus on operations that have the highest risks of 
        discharge, including operations at night and in inclement weather;
            (2) shall consider--
                    (A) requirements for the use of equipment, such as putting 
                booms in place for transfers, safety, and environmental impacts;
                    (B) operational procedures such as manning standards, 
                communications protocols, and restrictions on operations in 
                high-risk areas; or
                    (C) both such requirements and operational procedures; and
            (3) shall take into account the safety of personnel and 
        effectiveness of available procedures and equipment for preventing or 
        mitigating transfer spills.
    (b) Application With State Laws.--The regulations promulgated under 
subsection (a) do not preclude the enforcement of any State law or regulation 
the requirements of which are at least as stringent as requirements under the 
regulations (as determined by the Secretary) that--
            (1) applies in State waters; and
            (2) does not conflict with, or interfere with the enforcement of, 
        requirements and operational procedures under the regulations.

SEC. 703. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR MISS INCIDENTS.

    (a) Report.--Within 1 year after the date of enactment of this Act, the 
Secretary shall transmit a report to the Senate Committee on Commerce, Science, 
and Transportation and the House Committee on Transportation and Infrastructure 
that, using available data--
            (1) identifies the types of human errors that, combined, could cause 
        oil spills, with particular attention to human error caused by fatigue, 
        in the past 10 years;
            (2) in consultation with representatives of industry and labor and 
        experts in the fields of marine casualties and human factors, identifies 
        the most frequent types of near-miss oil spill incidents involving 
        vessels such as collisions, allisions, groundings, and loss of 
        propulsion in the past 10 years;
            (3) describes the extent to which there are gaps in the data 
        required under paragraphs (1) and (2), including gaps in the ability to 
        define and identify fatigue, and explains the reason for those gaps; and
            (4) includes recommendations by the Secretary and representatives of 
        industry and labor and experts in the fields of marine casualties and 
        human factors to address the identified types of errors and any such 
        gaps in the data.
    (b) Measures.--Based on the findings contained in the report required by 
subsection (a), the Secretary shall take appropriate action to reduce the risk 
of oil spills caused by human error.
    (c) Confidentiality of Voluntarily Submitted Information.--The identity of a 
person making a voluntary disclosure under this section, and any information 
obtained from any such voluntary disclosure, shall be treated as confidential.
    (d) Discovery of Voluntarily Submitted Information.--
            (1) In general.--Except as provided in this subsection, a party in a 
        judicial proceeding may not use discovery to obtain information or data 
        collected or received by the Secretary for use in the report required in 
        subsection (a).
            (2) Exception.--
                    (A) Notwithstanding paragraph (1), a court may allow 
                discovery by a party in a judicial proceeding of data described 
                in paragraph (1) if, after an in camera review of the 
                information or data, the court decides that there is a 
                compelling reason to allow the discovery.
                    (B) When a court allows discovery in a judicial proceeding 
                as permitted under this paragraph, the court shall issue a 
                protective order--
                            (i) to limit the use of the data to the judicial 
                        proceeding; and
                            (ii) to prohibit dissemination of the data to any 
                        person who does not need access to the data for the 
                        proceeding.
                    (C) A court may allow data it has decided is discoverable 
                under this paragraph to be admitted into evidence in a judicial 
                proceeding only if the court places the data under seal to 
                prevent the use of the data for a purpose other than for the 
                proceeding.
            (3) Application.--Paragraph (1) shall not apply to--
                    (A) any disclosure made with actual knowledge that the 
                disclosure was false, inaccurate, or misleading; or
                    (B) any disclosure made with reckless disregard as to the 
                truth or falsity of that disclosure.
    (e) Restriction on Use of Data.--Data that is voluntarily submitted for the 
purpose of the study required under subsection (a) shall not be used in an 
administrative action under chapter 77 of title 46, United States Code.

SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

    The Secretary of the Department in which the Coast Guard is operating and 
the Under Secretary of Commerce for Oceans and Atmosphere shall revise the area 
to be avoided off the coast of the State of Washington so that restrictions 
apply to all vessels required to prepare a response plan pursuant to section 
311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) (other 
than fishing or research vessels while engaged in fishing or research within the 
area to be avoided).

SEC. 705. PREVENTION OF SMALL OIL SPILLS.

    (a) Prevention and Education Program.--The Under Secretary of Commerce for 
Oceans and Atmosphere, in consultation with the Secretary of the Department in 
which the Coast Guard is operating and other appropriate agencies, shall 
establish an oil spill prevention and education program for small vessels. The 
program shall provide for assessment, outreach, and training and voluntary 
compliance activities to prevent and improve the effective response to oil 
spills from vessels and facilities not required to prepare a vessel response 
plan under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
including recreational vessels, commercial fishing vessels, marinas, and 
aquaculture facilities. The Under Secretary may provide grants to sea grant 
colleges and institutes designated under section 207 of the National Sea Grant 
College Program Act (33 U.S.C. 1126) and to State agencies, tribal governments, 
and other appropriate entities to carry out--
            (1) regional assessments to quantify the source, incidence and 
        volume of small oil spills, focusing initially on regions in the country 
        where, in the past 10 years, the incidence of such spills is estimated 
        to be the highest;
            (2) voluntary, incentive-based clean marina programs that encourage 
        marina operators, recreational boaters, and small commercial vessel 
        operators to engage in environmentally sound operating and maintenance 
        procedures and best management practices to prevent or reduce pollution 
        from oil spills and other sources;
            (3) cooperative oil spill prevention education programs that promote 
        public understanding of the impacts of spilled oil and provide useful 
        information and techniques to minimize pollution, including methods to 
        remove oil and reduce oil contamination of bilge water, prevent 
        accidental spills during maintenance and refueling and properly cleanup 
        and dispose of oil and hazardous substances; and
            (4) support for programs, including outreach and education to 
        address derelict vessels and the threat of such vessels sinking and 
        discharging oil and other hazardous substances, including outreach and 
        education to involve efforts to the owners of such vessels.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Commerce for Oceans and Atmosphere to 
carry out this section, $10,000,000 for each of fiscal years 2010 through 2014.

SEC. 706. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

    (a) In General.--Within 6 months after the date of enactment of this Act, 
the Secretary of the Department in which the Coast Guard is operating shall 
complete the development of a tribal consultation policy, which recognizes and 
protects to the maximum extent practicable tribal treaty rights and trust assets 
in order to improve the Coast Guard's consultation and coordination with the 
tribal governments of federally recognized Indian tribes with respect to oil 
spill prevention, preparedness, response and natural resource damage assessment.
    (b) Inclusion of Tribal Government.--The Secretary of the Department in 
which the Coast Guard is operating shall ensure that, as soon as practicable 
after identifying an oil spill that is likely to have a significant impact on 
natural or cultural resources owned or directly utilized by a federally 
recognized Indian tribe, the Coast Guard will--
            (1) ensure that representatives of the tribal government of the 
        affected tribes are included as part of the incident command system 
        established by the Coast Guard to respond to the spill;
            (2) share information about the oil spill with the tribal government 
        of the affected tribe; and
            (3) to the extent practicable, involve tribal governments in 
        deciding how to respond to the spill.
    (c) Cooperative Arrangements.--The Coast Guard may enter into memoranda of 
agreement and associated protocols with Indian tribal governments in order to 
establish cooperative arrangements for oil pollution prevention, preparedness, 
and response. Such memoranda may be entered into prior to the development of the 
tribal consultation and coordination policy to provide Indian tribes grant and 
contract assistance. Such memoranda of agreement and associated protocols with 
Indian tribal governments may include--
            (1) arrangements for the assistance of the tribal government to 
        participate in the development of the National Contingency Plan and 
        local Area Contingency Plans to the extent they affect tribal lands, 
        cultural and natural resources;
            (2) arrangements for the assistance of the tribal government to 
        develop the capacity to implement the National Contingency Plan and 
        local Area Contingency Plans to the extent they affect tribal lands, 
        cultural and natural resources;
            (3) provisions on coordination in the event of a spill, including 
        agreements that representatives of the tribal government will be 
        included as part of the regional response team co-chaired by the Coast 
        Guard and the Environmental Protection Agency to establish policies for 
        responding to oil spills;
            (4) arrangements for the Coast Guard to provide training of tribal 
        incident commanders and spill responders for oil spill preparedness and 
        response;
            (5) demonstration projects to assist tribal governments in building 
        the capacity to protect tribal treaty rights and trust assets from oil 
        spills; and
            (6) such additional measures the Coast Guard determines to be 
        necessary for oil pollution prevention, preparedness, and response.
    (d) Funding for Tribal Participation.--Subject to the availability of 
appropriations, the Commandant of the Coast Guard shall provide assistance to 
participating tribal governments in order to facilitate the implementation of 
cooperative arrangements under subsection (c) and ensure the participation of 
tribal governments in such arrangements. There are authorized to be appropriated 
to the Commandant $500,000 for each of fiscal years 2010 through 2014 to be used 
to carry out this section.

SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS OF OIL.

    Within 1 year after the date of enactment of this Act, the Secretary of the 
Department in which the Coast Guard is operating shall submit a report to the 
Senate Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure on the 
availability, feasibility, and potential cost of technology to detect the loss 
of oil carried as cargo or as fuel on tank and non-tank vessels greater than 400 
gross tons.

SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND.

    (a) In General.--Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)) is amended--
            (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) 
        and (D), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) not more than $15,000,000 in each fiscal year shall be 
                available to the Under Secretary of Commerce for Oceans and 
                Atmosphere for expenses incurred by, and activities related to, 
                response and damage assessment capabilities of the National 
                Oceanic and Atmospheric Administration;''.
    (b) Audits; Annual Reports.--Section 1012 of the Oil Pollution Act of 1990 
(33 U.S.C. 2712) is amended--
            (1) by striking subsection (g) and inserting the following:
    ``(g) Audits.--
            ``(1) In general.--The Comptroller General of the United States 
        shall conduct an audit, including a detailed accounting of each 
        disbursement from the Fund in excess of $500,000 that is--
                    ``(A) disbursed by the National Pollution Fund Center and 
                not reimbursed by the responsible party; and
                    ``(B) administered and managed by the receiving Federal 
                agencies, including final payments made to agencies and 
                contractors and, to the extent possible, subcontractors.
            ``(2) Frequency.--The audits shall be conducted--
                    ``(A) at least once every 3 years after the date of 
                enactment of the Coast Guard Authorization Act of 2010 until 
                2016; and
                    ``(B) at least once every 5 years after the last audit 
                conducted under subparagraph (A).
            ``(3) Submission of results.--The Comptroller shall submit the 
        results of each audit conducted under paragraph (1) to--
                    ``(A) the Senate Committee on Commerce, Science, and 
                Transportation;
                    ``(B) the House of Representatives Committee on 
                Transportation and Infrastructure; and
                    ``(C) the Secretary or Administrator of each agency referred 
                to in paragraph (1)(B).''; and
            (2) by adding at the end thereof the following:
    ``(l) Reports.--
            ``(1) In general.--Within one year after the date of enactment of 
        the Coast Guard Authorization Act of 2010, and annually thereafter, the 
        President, through the Secretary of the Department in which the Coast 
        Guard is operating, shall--
                    ``(A) provide a report on disbursements for the preceding 
                fiscal year from the Fund, regardless of whether those 
                disbursements were subject to annual appropriations, to--
                            ``(i) the Senate Committee on Commerce, Science, and 
                        Transportation; and
                            ``(ii) the House of Representatives Committee on 
                        Transportation and Infrastructure; and
                    ``(B) make the report available to the public on the 
                National Pollution Funds Center Internet website.
            ``(2) Contents.--The report shall include--
                    ``(A) a list of each disbursement of $250,000 or more from 
                the Fund during the preceding fiscal year; and
                    ``(B) a description of how each such use of the Fund meets 
                the requirements of subsection (a).
            ``(3) Agency recordkeeping.--Each Federal agency that receives 
        amounts from the Fund shall maintain records describing the purposes for 
        which such funds were obligated or expended in such detail as the 
        Secretary may require for purposes of the report required under 
        paragraph (1).''.

SEC. 709. INTERNATIONAL EFFORTS ON ENFORCEMENT.

    The Secretary of the department in which the Coast Guard is operating, in 
consultation with the heads of other appropriate Federal agencies, shall ensure 
that the Coast Guard pursues stronger enforcement in the International Maritime 
Organization of agreements related to oil discharges, including joint 
enforcement operations, training, and stronger compliance mechanisms.

SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.

    (a) In General.--Within 1 year after the date of enactment of this Act, the 
Commandant shall initiate a rulemaking proceeding to modify the definition of 
the term ``higher volume port area'' in section 155.1020 of the Coast Guard 
regulations (33 C.F.R. 155.1020) by striking ``Port Angeles, WA'' in paragraph 
(13) of that section and inserting ``Cape Flattery, WA''.
    (b) Vessel Response Plan Reviews.--Within 5 years after the date of 
enactment of this Act, the Coast Guard shall complete its review of any changes 
to vessel response plans under the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.) resulting from the modification of the higher volume port 
area definition required by subsection (a).

SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS.

    (a) Comparability Analysis.--
            (1) In general.--Within 1 year after the date of enactment of this 
        Act, the Commandant, in consultation with the Secretary of State, is 
        strongly encouraged to enter into negotiations with the Government of 
        Canada to update the comparability analysis which serves as the basis 
        for the Cooperative Vessel Traffic Service agreement between the United 
        States and Canada for the management of maritime traffic in Puget Sound, 
        the Strait of Georgia, Haro Strait, Rosario Strait, and the Strait of 
        Juan de Fuca. The updated analysis shall, at a minimum, consider--
                    (A) requirements for laden tank vessels to be escorted by 
                tug boats;
                    (B) vessel emergency response towing capability at the 
                entrance to the Strait of Juan de Fuca; and
                    (C) spill response capability throughout the shared water, 
                including oil spill response planning requirements for vessels 
                bound for one nation transiting through the waters of the other 
                nation.
            (2) Consultation requirement.--In conducting the analysis required 
        under this subsection, the Commandant shall consult with the State of 
        Washington and affected tribal governments.
            (3) Recommendations.--Within 18 months after the date of enactment 
        of this Act, the Commandant shall submit recommendations based on the 
        analysis required under this subsection to the Senate Committee on 
        Commerce, Science, and Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure. The recommendations 
        shall consider a full range of options for the management of maritime 
        traffic, including Federal legislation, promulgation of Federal rules, 
        and the establishment of cooperative agreements for shared funding of 
        spill prevention and response systems.
    (b) Dual Escort Vessels for Double Hulled Tankers in Prince William Sound, 
Alaska.--
            (1) In general.--Section 4116(c) of the Oil Pollution Act of 1990 
        (46 U.S.C. 3703 note) is amended--
                    (A) by striking ``Not later than 6 months after the date of 
                the enactment of this Act, the'' and inserting ``(1) In 
                general.--The''; and
                    (B) by adding at the end the following:
            ``(2) Prince william sound, alaska.--
                    ``(A) In general.--The requirement in paragraph (1) relating 
                to single hulled tankers in Prince William Sound, Alaska, 
                described in that paragraph being escorted by at least 2 towing 
                vessels or other vessels considered to be appropriate by the 
                Secretary (including regulations promulgated in accordance with 
                section 3703(a)(3) of title 46, United States Code, as set forth 
                in part 168 of title 33, Code of Federal Regulations (as in 
                effect on March 1, 2009) implementing this subsection with 
                respect to those tankers) shall apply to double hulled tankers 
                over 5,000 gross tons transporting oil in bulk in Prince William 
                Sound, Alaska.
                    ``(B) Implementation of requirements.--The Secretary of the 
                department in which the Coast Guard is operating shall prescribe 
                interim final regulations to carry out subparagraph (A) as soon 
                as practicable without notice and hearing pursuant to section 
                553 of title 5 of the United States Code.''.
            (2) Effective date.--The amendments made by subsection (b) take 
        effect on the date that is 90 days after the date of enactment of this 
        Act.
    (c) Preservation of State Authority.--Nothing in this Act or in any other 
provision of Federal law related to the regulation of maritime transportation of 
oil shall affect, or be construed or interpreted as preempting, the authority of 
any State or political subdivision thereof which require the escort by one or 
more tugs of laden oil tankers in the areas which are specified in section 
4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note).
    (d) Vessel Traffic Risk Assessment.--
            (1) Requirement.--The Commandant of the Coast Guard, acting through 
        the appropriate Area Committee established under section 311(j)(4) of 
        the Federal Water Pollution Control Act, shall prepare a vessel traffic 
        risk assessment for Cook Inlet, Alaska, within 1 year after the date of 
        enactment of this Act.
            (2) Contents.--The assessment shall describe, for the region covered 
        by the assessment--
                    (A) the amount and character of present and estimated future 
                shipping traffic in the region; and
                    (B) the current and projected use and effectiveness in 
                reducing risk, of--
                            (i) traffic separation schemes and routing measures;
                            (ii) long-range vessel tracking systems developed 
                        under section 70115 of title 46, United States Code;
                            (iii) towing, response, or escort tugs;
                            (iv) vessel traffic services;
                            (v) emergency towing packages on vessels;
                            (vi) increased spill response equipment including 
                        equipment appropriate for severe weather and sea 
                        conditions;
                            (vii) the Automatic Identification System developed 
                        under section 70114 of title 46, United States Code;
                            (viii) particularly sensitive sea areas, areas to be 
                        avoided, and other traffic exclusion zones;
                            (ix) aids to navigation; and
                            (x) vessel response plans.
            (3) Recommendations.--
                    (A) In general.--The assessment shall include any 
                appropriate recommendations to enhance the safety, or lessen 
                potential adverse environmental impacts, of marine shipping.
                    (B) Consultation.--Before making any recommendations under 
                paragraph (1) for a region, the Area Committee shall consult 
                with affected local, State, and Federal government agencies, 
                representatives of the fishing industry, Alaska Natives from the 
                region, the conservation community, and the merchant shipping 
                and oil transportation industries.
            (4) Provision to congress.--The Commandant shall provide a copy of 
        the assessment to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.

SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY.

    Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(a)) is 
amended--
            (1) by striking ``or'' after the semicolon in paragraph (1);
            (2) by inserting ``or'' after the semicolon in paragraph (2); and
            (3) by inserting after paragraph (2) the following:
            ``(3) any tank vessel over 100 gross tons using any place subject to 
        the jurisdiction of the United States;''.

SEC. 713. LIABILITY FOR USE OF SINGLE-HULL VESSELS.

    Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(A)) 
is amended by inserting ``In the case of a vessel, the term `responsible party' 
also includes the owner of oil being transported in a tank vessel with a single 
hull after December 31, 2010 (other than a vessel described in section 
3703a(b)(3) of title 46, United States Code).'' after ``vessel.''.

                            TITLE VIII--PORT SECURITY

SEC. 801. AMERICA'S WATERWAY WATCH PROGRAM.

    (a) In General.--Chapter 701 of title 46, United States Code, is amended by 
adding at the end thereof the following:
``Sec. 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 the extent practicable, be conducted 
        in cooperation with Federal, State, and local law enforcement agencies.
            ``(2) Training.--The Secretary may provide training in--
                    ``(A) observing and reporting on covered activities; and
                    ``(B) sharing such reports and coordinating the response by 
                Federal, State, and local law enforcement agencies.
    ``(d) Voluntary Participation.--Participation in the Program--
            ``(1) shall be wholly voluntary;
            ``(2) shall not be a prerequisite to eligibility for, or receipt of, 
        any other service or assistance from, or to participation in, any other 
        program of any kind; and
            ``(3) shall not require disclosure of information regarding the 
        individual reporting covered activities or, for proprietary purposes, 
        the location of such individual.
    ``(e) Coordination.--The Secretary shall coordinate the Program with other 
like watch programs. The Secretary shall submit, concurrent with the President's 
budget submission for each fiscal year, a report on coordination of the Program 
and like watch programs within the Department of Homeland Security to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Homeland Security of the House of Representatives.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated for the purposes of this section $3,000,000 for each of fiscal 
years 2011 through 2016. Such funds shall remain available until expended.''.
    (b) Clerical Amendment.--The table of contents for chapter 701 of title 46, 
United States Code, is amended by inserting after the item relating to section 
70121 the following:

``70122. Waterway watch program.''.

SEC. 802. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

    (a) In General.--Not later than 120 days after completing the pilot program 
under section 70105(k)(1) of title 46, United States Code, to test TWIC access 
control technologies at port facilities and vessels nationwide, the Secretary of 
Homeland Security shall submit to the Committee on Homeland Security and the 
Committee on Transportation and Infrastructure of the House of Representatives, 
the Committee on Commerce, Science, and Transportation of the Senate, and to the 
Comptroller General a report containing an assessment of the results of the 
pilot. The report shall include--
            (1) the findings of the pilot program with respect to key technical 
        and operational aspects of implementing TWIC technologies in the 
        maritime sector;
            (2) a comprehensive listing of the extent to which established 
        metrics were achieved during the pilot program; and
            (3) an analysis of the viability of those technologies for use in 
        the maritime environment, including any challenges to implementing those 
        technologies and strategies for mitigating identified challenges.
    (b) GAO Assessment.--The Comptroller General shall review the report and 
submit to the Committee on Homeland Security and the Committee on Transportation 
and Infrastructure of the House of Representatives, and the Committee on 
Commerce, Science, and Transportation of the Senate an assessment of the 
report's findings and recommendations.

SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY.

    Section 70107A(b) of title 46, United States Code, is amended--
            (1) by striking paragraph (3);
            (2) by redesignating paragraphs (1) and (2) as paragraphs (2) and 
        (3), respectively;
            (3) by inserting before paragraph (2), as so redesignated, the 
        following:
            ``(1)(A) include--
                    ``(i) information management systems, and
                    ``(ii) sensor management systems; and
            ``(B) where practicable, provide for the physical co-location of the 
        Coast Guard and, as the Secretary determines appropriate, 
        representatives of the United States Customs and Border Protection, the 
        United States Immigration and Customs Enforcement, the Transportation 
        Security Administration, the Department of Justice, the Department of 
        Defense, and other Federal agencies, State and local law enforcement or 
        port security personnel, members of the Area Maritime Security 
        Committee, and other public and private sector stakeholders adversely 
        affected by a transportation security incident or transportation 
        disruption;''; and
            (4) in paragraph (2), as so redesignated--
                    (A) by striking ``existing centers, including--'' and 
                inserting ``existing centers;''; and
                    (B) by striking subparagraph (A) and (B); and
            (5) by adding ``and'' at the end of paragraph (3), as so 
        redesignated.

SEC. 804. DEPLOYABLE, SPECIALIZED FORCES.

    (a) In General.--Section 70106 of title 46, United States Code, is amended 
to read as follows:
``Sec. 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.
    ``(b) Mission.--The combined force of the specialized forces established 
under subsection (a) shall be trained, equipped, and capable of being deployed 
to--
            ``(1) deter, protect against, and rapidly respond to threats of 
        maritime terrorism;
            ``(2) conduct maritime operations to protect against and disrupt 
        illegal use, access to, or proliferation of weapons of mass destruction;
            ``(3) enforce moving or fixed safety or security zones established 
        pursuant to law;
            ``(4) conduct high speed intercepts;
            ``(5) board, search, and seize any article or thing on or at, 
        respectively, a vessel or facility found to present a risk to the vessel 
        or facility, or to a port;
            ``(6) rapidly deploy to supplement United States armed forces 
        domestically or overseas;
            ``(7) respond to criminal or terrorist acts so as to minimize, 
        insofar as possible, the disruption caused by such acts;
            ``(8) assist with facility vulnerability assessments required under 
        this chapter; and
            ``(9) carry out any other missions of the Coast Guard as are 
        assigned to it by the Secretary.
    ``(c) Minimization of Response Times.--The enhanced teams established under 
subsection (a)(2) shall, to the extent practicable, be stationed in such a way 
so as to minimize the response time to maritime terrorist threats and potential 
or actual transportation security incidents.
    ``(d) Coordination With Other Agencies.--To the maximum extent feasible, the 
combined force of the specialized forces established under subsection (a) shall 
coordinate their activities with other Federal, State, and local law enforcement 
and emergency response agencies.''.
    (b) Clerical Amendment.--The table of contents for chapter 701 of title 46, 
United States Code, is amended by striking the item relating to section 70106 
and inserting the following:

``70106. Deployable, specialized forces.''.

SEC. 805. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPANSION.

    (a) Definitions.--For purposes of this section:
            (1) Canine detection team.--The term ``detection canine team'' means 
        a canine and a canine handler that are trained to detect narcotics or 
        explosives, or other threats as defined by the Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Homeland Security.
    (b) Detection Canine Teams.--
            (1) Increased capacity.--Not later than 1 year after the date of 
        enactment of this Act, and subject to the availability of 
        appropriations, the Secretary shall--
                    (A) begin to increase the number of detection canine teams 
                certified by the Coast Guard for the purposes of maritime-
                related security by no fewer than 10 canine teams annually 
                through fiscal year 2012; and
                    (B) encourage owners and operators of port facilities, 
                passenger cruise liners, oceangoing cargo vessels, and other 
                vessels identified by the Secretary to strengthen security 
                through the use of highly trained detection canine teams.
            (2) Canine procurement.--The Secretary, acting through the 
        Commandant of the Coast Guard, shall procure detection canine teams as 
        efficiently as possible, including, to the greatest extent possible, 
        through increased domestic breeding, while meeting the performance needs 
        and criteria established by the Commandant.
    (c) Deployment.--The Secretary shall prioritize deployment of the additional 
canine teams to ports based on risk, consistent with the Security and 
Accountability For Every Port Act of 2006 (Public Law 109-347).

SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM.

    (a) Foreign Port Assessment.--Chapter 701 of title 46, United States Code, 
is amended--
            (1) by adding at the end of section 70108 the following:
    ``(e) Limitation on Statutory Construction.--The absence of an inspection of 
a foreign port shall not bar the Secretary from making a finding that a port in 
a foreign country does not maintain effective antiterrorism measures.'';
            (2) by striking ``If the Secretary, after conducting an assessment 
        under section 70108, finds that a port in a foreign country does not 
        maintain effective antiterrorism measures,'' in section 70109(a) and 
        inserting ``Unless the Secretary finds that a port in a foreign country 
        maintains effective antiterrorism measures,''; and
            (3) by striking ``If the Secretary finds that a foreign port does 
        not maintain effective antiterrorism measures,'' in section 70110(a) and 
        inserting ``Unless the Secretary finds that a foreign port maintains 
        effective antiterrorism measures,''.
    (b) Assistance Program.--Section 70110 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(f) Coast Guard Assistance Program.--
            ``(1) In general.--The Secretary may lend, lease, donate, or 
        otherwise provide equipment, and provide technical training and support, 
        to the owner or operator of a foreign port or facility--
                    ``(A) to assist in bringing the port or facility into 
                compliance with applicable International Ship and Port Facility 
                Code standards; and
                    ``(B) to assist the port or facility in correcting 
                deficiencies identified in periodic port assessments and 
                reassessments required under section 70108 of this title.
            ``(2) Conditions.--The Secretary--
                    ``(A) may provide such assistance based upon an assessment 
                of the risks to the security of the United States and the 
                inability of the owner or operator of the port or facility to 
                bring the port or facility into compliance with those standards 
                and to maintain compliance with, or exceed, such standards;
                    ``(B) may not provide such assistance unless the port or 
                facility has been subjected to a comprehensive port security 
                assessment by the Coast Guard; and
                    ``(C) may only lend, lease, or otherwise provide equipment 
                that the Secretary has first determined is not required by the 
                Coast Guard for the performance of its missions.''.
    (c) Safety and Security Assistance for Foreign Ports.--
            (1) In general.--Section 70110(e)(1) of title 46, United States 
        Code, is amended by striking the second sentence and inserting the 
        following: ``The Secretary shall establish a strategic plan to utilize 
        those assistance programs to assist ports and facilities that are found 
        by the Secretary under subsection (a) not to maintain effective 
        antiterrorism measures in the implementation of port security 
        antiterrorism measures.''.
            (2) Conforming amendments.--
                    (A) Section 70110 of title 46, United States Code, is 
                amended--
                            (i) by inserting ``or facilities'' after ``ports'' 
                        in the section heading;
                            (ii) by inserting ``or facility'' after ``port'' 
                        each place it appears; and
                            (iii) by striking ``Ports'' in the heading for 
                        subsection (e) and inserting ``Ports, Facilities,''.
                    (B) Section 70108(c) of such title is amended--
                            (i) by striking paragraph (2); and
                            (ii) by redesignating paragraphs (3) and (4) as 
                        paragraphs (2) and (3), respectively.
                    (C) The table of contents for chapter 701 of title 46, 
                United States Code, is amended by striking the item relating to 
                section 70110 and inserting the following:

``70110. Actions and assistance for foreign ports or facilities and 
                            United States territories.''.

SEC. 807. MARITIME BIOMETRIC IDENTIFICATION.

    (a) In General.--Chapter 701 of title 46, United States Code, is further 
amended by adding at the end the following:
``Sec. 70123. Mobile biometric identification
    ``(a) In General.--Within one year after the date of the enactment of the 
Coast Guard Authorization Act of 2010, the Secretary shall conduct, in the 
maritime environment, a program for the mobile biometric identification of 
suspected individuals, including terrorists, to enhance border security and for 
other purposes.
    ``(b) Requirements.--The Secretary shall ensure the program required in this 
section is coordinated with other biometric identification programs within the 
Department of Homeland Security.
    ``(c) Definition.--For the purposes of this section, the term `biometric 
identification' means use of fingerprint and digital photography images and 
facial and iris scan technology and any other technology considered applicable 
by the Department of Homeland Security.''.
    (b) Clerical Amendment.--The table of sections at the beginning of such 
chapter is amended by adding at the end the following:

``70123. Mobile biometric identification.''.
    (c) Cost Analysis.--Within 90 days after the date of the enactment of this 
Act, the Secretary of the department in which the Coast Guard is operating shall 
submit to the Committees on Homeland Security and Transportation and 
Infrastructure of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate an analysis of the cost of expanding 
the Coast Guard's biometric identification capabilities for use by the Coast 
Guard's Deployable Operations Group, cutters, stations, and other deployable 
maritime teams considered appropriate by the Secretary, and any other 
appropriate Department of Homeland Security maritime vessels and units. The 
analysis may include a tiered plan for the deployment of this program that gives 
priority to vessels and units more likely to encounter individuals suspected of 
making illegal border crossings through the maritime environment.
    (d) Study on Emerging Biometric Capabilities.--
            (1) Study required.--The Secretary of Homeland Security shall submit 
        to the Committees on Homeland Security and Transportation and 
        Infrastructure of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a study on the use 
        by the Coast Guard and other departmental entities of the combination of 
        biometric technologies to rapidly identify individuals for security 
        purposes. Such study shall focus on--
                    (A) increased accuracy of facial recognition;
                    (B) enhancement of existing iris recognition technology; and
                    (C) other emerging biometric technologies capable of 
                assisting in confirming the identification of individuals.
            (2) Purpose of study.--The purpose of the study required by 
        paragraph (1) is to facilitate the use of a combination biometrics, 
        including facial and iris recognition, to provide a higher probability 
        of success in identification than a single approach and to achieve 
        transformational advances in the flexibility, authenticity, and overall 
        capability of integrated biometric detectors. The operational goal of 
        the study should be to provide the capability to nonintrusively collect 
        biometrics in an accurate and expeditious manner to assist the Coast 
        Guard and the Department of Homeland Security in fulfilling its mission 
        to protect and support national security.

SEC. 808. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME WORKERS.

    (a) In General.--Within 180 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall establish procedures providing for an 
individual who is required to be fingerprinted for purposes of obtaining a 
transportation security card under section 70105 of title 46, United States 
Code, the ability to be fingerprinted at any of not less than 20 facilities 
operated by or under contract with an agency of the Department of Homeland 
Security that fingerprints the public for the Department. These facilities shall 
be in addition to facilities established under section 70105 of title 46, United 
States Code.
    (b) Expiration.--The requirement made by subsection (a) expires 1 year after 
the date the Secretary establishes the facilities required under that 
subsection.

SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS.

    Section 70105(b)(2) of title 46, United States Code, is amended--
            (1) in subparagraph (B), by inserting after ``title'' the following: 
        ``allowed unescorted access to a secure area designated in a vessel 
        security plan approved under section 70103 of this title''; and
            (2) in subparagraph (D), by inserting after ``tank vessel'' the 
        following: ``allowed unescorted access to a secure area designated in a 
        vessel security plan approved under section 70103 of this title''.

SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES.

     Section 70112 of title 46, United States Code, is amended--
            (1) by amending subsection (b)(5) to read as follows:
    ``(5)(A) The National Maritime Security Advisory Committee shall be composed 
of--
            ``(i) at least 1 individual who represents the interests of the port 
        authorities;
            ``(ii) at least 1 individual who represents the interests of the 
        facilities owners or operators;
            ``(iii) at least 1 individual who represents the interests of the 
        terminal owners or operators;
            ``(iv) at least 1 individual who represents the interests of the 
        vessel owners or operators;
            ``(v) at least 1 individual who represents the interests of the 
        maritime labor organizations;
            ``(vi) at least 1 individual who represents the interests of the 
        academic community;
            ``(vii) at least 1 individual who represents the interests of State 
        or local governments; and
            ``(viii) at least 1 individual who represents the interests of the 
        maritime industry.
    ``(B) Each Area Maritime Security Advisory Committee shall be composed of 
individuals who represents the interests of the port industry, terminal 
operators, port labor organizations, and other users of the port areas.''; and
            (2) in subsection (g)--
                    (A) in paragraph (1)(A), by striking ``2008;'' and inserting 
                ``2020;''; and
                    (B) in paragraph (2), by striking ``2006'' and inserting 
                ``2018''.

SEC. 811. SEAMEN'S SHORESIDE ACCESS.

    Each facility security plan approved under section 70103(c) of title 46, 
United States Code, shall provide a system for seamen assigned to a vessel at 
that facility, pilots, and representatives of seamen's welfare and labor 
organizations to board and depart the vessel through the facility in a timely 
manner at no cost to the individual.

SEC. 812. WATERSIDE SECURITY OF ESPECIALLY HAZARDOUS CARGO.

    (a) National Study.--
            (1) In general.--The Secretary of the department in which the Coast 
        Guard is operating shall--
                    (A) initiate a national study to identify measures to 
                improve the security of maritime transportation of especially 
                hazardous cargo; and
                    (B) coordinate with other Federal agencies, the National 
                Maritime Security Advisory Committee, and appropriate State and 
                local government officials through the Area Maritime Security 
                Committees and other existing coordinating committees, to 
                evaluate the waterside security of vessels carrying, and 
                waterfront facilities handling, especially hazardous cargo.
            (2) Matters to be included.--The study conducted under this 
        subsection shall include--
                    (A) an analysis of existing risk assessment information 
                relating to waterside security generated by the Coast Guard and 
                Area Maritime Security Committees as part of the Maritime 
                Security Risk Analysis Model;
                    (B) a review and analysis of appropriate roles and 
                responsibilities of maritime stakeholders, including Federal, 
                State, and local law enforcement and industry security 
                personnel, responsible for waterside security of vessels 
                carrying, and waterfront facilities handling, especially 
                hazardous cargo, including--
                            (i) the number of ports in which State and local law 
                        enforcement entities are providing any services to 
                        enforce Coast Guard-imposed security zones around 
                        vessels transiting to, through, or from United States 
                        ports or to conduct security patrols in United States 
                        ports;
                            (ii) the number of formal agreements entered into 
                        between the Coast Guard and State and local law 
                        enforcement entities to engage State and local law 
                        enforcement entities in the enforcement of Coast Guard-
                        imposed security zones around vessels transiting to, 
                        through, or from United States ports or the conduct of 
                        port security patrols in United States ports, the 
                        duration of those agreements, and the aid that State and 
                        local entities are engaged to provide through such 
                        agreements;
                            (iii) the extent to which the Coast Guard has set 
                        national standards for training, equipment, and 
                        resources to ensure that State and local law enforcement 
                        entities engaged in enforcing Coast 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;
                            (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 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 cost-sharing.
            (3) Information protection.--In carrying out the coordination 
        necessary to effectively complete the study, the Commandant shall 
        implement measures to ensure the protection of any sensitive security 
        information, proprietary information, or classified information 
        collected, reviewed, or shared during collaborative engagement with 
        maritime stakeholders and other Government entities, except that nothing 
        in this paragraph shall constitute authority to withhold information 
        from--
                    (A) the Congress; or
                    (B) first responders requiring such information for the 
                protection of life or property.
            (4) Report.--Not later than 12 months after the date of enactment of 
        this Act, the Secretary of the Department in which the Coast Guard is 
        operating shall submit to the Committees on Homeland Security and 
        Transportation and Infrastructure of the House of Representatives and 
        the Committee on Commerce, Science, and Transportation of the Senate a 
        report on the results of the study under this subsection.
    (b) National Strategy.--Not later than 6 months after submission of the 
report required by subsection (a), the Secretary of the department in which the 
Coast Guard is operating shall develop, in conjunction with appropriate Federal 
agencies, a national strategy for the waterside security of vessels carrying, 
and waterfront facilities handling, especially hazardous cargo. The strategy 
shall utilize the results of the study required by subsection (a).
    (c) Security of Especially Hazardous Cargo.--Section 70103 of title 46, 
United States Code, is amended by adding at the end the following:
    ``(e) Especially Hazardous Cargo.--
            ``(1) Enforcement of security zones.--Consistent with other 
        provisions of Federal law, the Coast Guard shall coordinate and be 
        responsible for the enforcement of any Federal security zone established 
        by the Coast Guard around a vessel containing especially hazardous 
        cargo. The Coast Guard shall allocate available resources so as to deter 
        and respond to a transportation security incident, to the maximum extent 
        practicable, and to protect lives or protect property in danger.
            ``(2) Resource deficiency reporting.--
                    ``(A) In general.--When the Secretary submits the annual 
                budget request for a fiscal year for the department in which the 
                Coast Guard is operating to the Office of Management and Budget, 
                the Secretary shall provide to the Committees on Homeland 
                Security and Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, and 
                Transportation of the Senate a report that includes--
                            ``(i) for the last full fiscal year preceding the 
                        report, a statement of the number of security zones 
                        established for especially hazardous cargo shipments;
                            ``(ii) for the last full fiscal year preceding the 
                        report, a statement of the number of especially 
                        hazardous cargo shipments provided a waterborne security 
                        escort, subdivided by Federal, State, local, or private 
                        security; and
                            ``(iii) an assessment as to any additional vessels, 
                        personnel, infrastructure, and other resources necessary 
                        to provide waterborne escorts to those especially 
                        hazardous cargo shipments for which a security zone is 
                        established.
                    ``(B) Especially hazardous cargo defined.--In this 
                subsection, the term `especially hazardous cargo' means 
                anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural 
                gas, liquiefied petroleum gas, and any other substance, 
                material, or group or class of material, in a particular amount 
                and form that the Secretary determines by regulation poses a 
                significant risk of creating a transportation security incident 
                while being transported in maritime commerce.''.
    (d) Definitions.--For the purposes of this section, the follow definitions 
apply:
            (1) Especially hazardous cargo.--The term ``especially hazardous 
        cargo'' means anhydrous ammonia, ammonium nitrate, chlorine, liquefied 
        natural gas, liquiefied petroleum gas, and any other substance, 
        material, or group or class of material, in a particular amount and form 
        that the Secretary determines by regulation poses a significant risk of 
        creating a transportation security incident while being transported in 
        maritime commerce.
            (2) Area maritime security committee.--The term ``Area Maritime 
        Security Committee'' means each of those committees responsible for 
        producing Area Maritime Transportation Security Plans under chapter 701 
        of title 46, United States Code.
            (3) Transportation security incident.--The term ``transportation 
        security incident'' has the same meaning as that term has in section 
        70101 of title 46, United States Code.

SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

    Consistent with other provisions of law, the Secretary of the department in 
which the Coast Guard is operating shall make a recommendation, after 
considering recommendations made by the States, to the Federal Energy Regulatory 
Commission as to whether the waterway to a proposed waterside liquefied natural 
gas facility is suitable or unsuitable for the marine traffic associated with 
such facility.

SEC. 814. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY CARDS.

    Section 70105 of title 46, United States Code, is amended by adding at the 
end the following new subsection:
    ``(n) The Secretary may use a secondary authentication system to verify the 
identification of individuals using transportation security cards when the 
individual's fingerprints are not able to be taken or read.''.

SEC. 815. ASSESSMENT OF TRANSPORTATION SECURITY CARD ENROLLMENT SITES.

    (a) In General.--Not later than 180 days after the date of the enactment of 
this Act, the Secretary of the department in which the Coast Guard is operating 
shall prepare an assessment of the enrollment sites for transportation security 
cards issued under section 70105 of title 46, United States Code, including--
            (1) the feasibility of keeping those enrollment sites open after the 
        date of enactment of this Act; and
            (2) the quality of customer service, including the periods of time 
        individuals are kept on hold on the telephone, whether appointments are 
        kept, and processing times for applications.
    (b) Timelines and Benchmarks.--The Secretary shall develop timelines and 
benchmarks for implementing the findings of the assessment as the Secretary 
deems necessary.

SEC. 816. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO MITIGATE THE THREAT OF 
              SMALL BOAT ATTACK IN MAJOR PORTS.

    The Secretary of the department in which the Coast Guard is operating shall 
assess and report to Congress on the feasibility of efforts to mitigate the 
threat of small boat attack in security zones of major ports, including 
specifically the use of transponders, radio frequency identification devices, 
and high-frequency surface radar systems to track small boats.

SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY BACKGROUND CHECKS.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that contains--
            (1) a review of background checks and forms of identification 
        required under State and local transportation security programs;
            (2) a determination as to whether the background checks and forms of 
        identification required under such programs duplicate or conflict with 
        Federal programs; and
            (3) recommendations on limiting the number of background checks and 
        forms of identification required under such programs to reduce or 
        eliminate duplication with Federal programs.

SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS PENDING ISSUANCE; DEADLINES FOR 
              PROCESSING; RECEIPT.

    (a) Access; Deadlines.--Section 70105 of title 46, United States Code, is 
further amended by adding at the end the following new subsections:
    ``(o) Escorting.--The Secretary shall coordinate with owners and operators 
subject to this section to allow any individual who has a pending application 
for a transportation security card under this section or is waiting for 
reissuance of such card, including any individual whose card has been lost or 
stolen, and who needs to perform work in a secure or restricted area to have 
access to such area for that purpose through escorting of such individual in 
accordance with subsection (a)(1)(B) by another individual who holds a 
transportation security card. Nothing in this subsection shall be construed as 
requiring or compelling an owner or operator to provide escorted access.
    ``(p) Processing Time.--The Secretary shall review an initial transportation 
security card application and respond to the applicant, as appropriate, 
including the mailing of an Initial Determination of Threat Assessment letter, 
within 30 days after receipt of the initial application. The Secretary shall, to 
the greatest extent practicable, review appeal and waiver requests submitted by 
a transportation security card applicant, and send a written decision or request 
for additional information required for the appeal or waiver determination, 
within 30 days after receipt of the applicant's appeal or waiver written 
request. For an applicant that is required to submit additional information for 
an appeal or waiver determination, the Secretary shall send a written decision, 
to the greatest extent practicable, within 30 days after receipt of all 
requested information.''.
    (b) Receipt of Cards.--
            (1) Report by comptroller general.--Within 180 days after the date 
        of enactment of this Act, the Comptroller General of the United States 
        shall submit to the Committee on Homeland Security of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report assessing the costs, technical 
        feasibility, and security measures associated with implementing 
        procedures to deliver a transportation security card to an approved 
        applicant's place of residence in a secure manner or to allow an 
        approved applicant to receive the card at an enrollment center of the 
        individual's choosing.
            (2) Process for alternative means of receipt.--If the Comptroller 
        General finds in the final report under paragraph (1) that it is 
        feasible for a transportation security card to be sent to an approved 
        applicant's place of residence in a secure manner, the Secretary shall, 
        within 1 year after the date of issuance of the final report by the 
        Comptroller General, implement a secure process to permit an individual 
        approved for a transportation security card to receive the card at the 
        applicant's place of residence or at the enrollment center of the 
        individual's choosing. The individual shall be responsible for any 
        additional cost associated with the secure delivery of a transportation 
        security card.

SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS.

    Section 70105(b) of title 46, United States Code, is amended by adding at 
the end the following new paragraph:
    ``(6) The Secretary may extend for up to one year the expiration of a 
biometric transportation security card required by this section to align the 
expiration with the expiration of a license, certificate of registry, or 
merchant mariner document required under chapter 71 or 73.''.

SEC. 820. CLARIFICATION OF RULEMAKING AUTHORITY.

    (a) In General.--Chapter 701 of title 46, United States Code, is further 
amended by adding at the end the following:

``SEC. 70124. REGULATIONS.

    ``Unless otherwise provided, the Secretary may issue regulations necessary 
to implement this chapter.''.
    (b) Clerical Amendment.--The table of contents for chapter 701 of such title 
is further amended by adding at the end the following new item:

``70124. Regulations.''.

SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION.

    (a) Port Security Training Program.--Chapter 701 of title 46, United States 
Code, is further amended by adding at the end the following:
``Sec. 70125. Port security training for facility security officers
    ``(a) Facility Security Officers.--The Secretary shall establish 
comprehensive facility security officer training requirements designed to 
provide full security training that would lead to certification of such 
officers. In establishing the requirements, the Secretary shall--
            ``(1) work with affected industry stakeholders; and
            ``(2) evaluate--
                    ``(A) the requirements of subsection (b);
                    ``(B) existing security training programs employed at marine 
                terminal facilities; and
                    ``(C) existing port security training programs developed by 
                the Federal Government.
    ``(b) Requirements.--The training program shall provide validated training 
that--
            ``(1) provides training at the awareness, performance, management, 
        and planning levels;
            ``(2) utilizes multiple training mediums and methods;
            ``(3) establishes a validated provisional on-line certification 
        methodology;
            ``(4) provide for continuing education and training for facility 
        security officers beyond certification requirements, including a program 
        to educate on the dangers and issues associated with the shipment of 
        hazardous and especially hazardous cargo;
            ``(5) addresses port security topics, including--
                    ``(A) facility security plans and procedures, including how 
                to develop security plans and security procedure requirements 
                when threat levels are elevated;
                    ``(B) facility security force operations and management;
                    ``(C) physical security and access control at facilities;
                    ``(D) methods of security for preventing and countering 
                cargo theft;
                    ``(E) container security;
                    ``(F) recognition and detection of weapons, dangerous 
                substances, and devices;
                    ``(G) operation and maintenance of security equipment and 
                systems;
                    ``(H) security threats and patterns;
                    ``(I) security incident procedures, including procedures for 
                communicating with governmental and nongovernmental emergency 
                response providers; and
                    ``(J) evacuation procedures;
            ``(6) is consistent with, and supports implementation of, the 
        National Incident Management System, the National Response Plan, the 
        National Infrastructure Protection Plan, the National Preparedness 
        Guidance, the National Preparedness Goal, the National Maritime 
        Transportation Security Plan, and other such national initiatives;
            ``(7) is evaluated against clear and consistent performance 
        measures;
            ``(8) addresses security requirements under facility security plans;
            ``(9) addresses requirements under the International Code for the 
        Security of Ships and Port Facilities to address shore leave for 
        mariners and access to visitors, representatives of seafarers' welfare 
        organizations, and labor organizations; and
            ``(10) such other subject matters as may be prescribed by the 
        Secretary.
    ``(c) Continuing Security Training.--The Secretary, in coordination with the 
Secretary of Transportation, shall work with State and local law enforcement 
agencies and industry stakeholders to develop and certify the following 
additional security training requirements for Federal, State, and local 
officials with security responsibilities at United States seaports:
            ``(1) A program to familiarize them with port and shipping 
        operations, requirements of the Maritime Transportation Security Act of 
        2002 (Public Law 107-295), and other port and cargo security programs 
        that educates and trains them with respect to their roles and 
        responsibilities.
            ``(2) A program to familiarize them with dangers and potential 
        issues with respect to shipments of hazardous and especially hazardous 
        cargoes.
            ``(3) A program of continuing education as deemed necessary by the 
        Secretary.
    ``(d) Training Partners.--In developing curriculum and delivering training 
established pursuant to subsections (a) and (c), the Secretary, in coordination 
with the Maritime Administrator of the Department of Transportation and 
consistent with section 109 of the Maritime Transportation Security Act of 2002 
[46 U.S.C. 70101 note], shall work with institutions with maritime expertise and 
with industry stakeholders with security expertise to develop appropriate 
training capacity to ensure that training can be provided in a geographically 
balanced manner to personnel seeking certification under subsection (a) or 
education and training under subsection (c).
    ``(e) Established Grant Program.--The Secretary shall issue regulations or 
grant solicitations for grants for homeland security or port security to ensure 
that activities surrounding the development of curriculum and the provision of 
training and these activities are eligible grant activities under both grant 
programs.''.
    (b) Conforming Amendment.--Section 113 of the SAFE Port Act (6 U.S.C. 911) 
is repealed.
    (c) Table of Contents Amendment.--The table of contents for chapter 701 of 
title 46, United States Code, is further amended by adding at the end the 
following:

``70125. Port security training for facility security officers.''.

SEC. 822. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH LOCAL PORT AUTHORITIES, 
              STATE HARBOR DIVISIONS, AND LAW ENFORCEMENT AGENCIES.

    Section 70102 of title 46, United States Code, is amended by adding at the 
end thereof the following:
    ``(c) Sharing of Assessment Integration of Plans and Equipment.--The owner 
or operator of a facility, consistent with any Federal security restrictions, 
shall--
            ``(1) make a current copy of the vulnerability assessment conducted 
        under subsection (b) available to the port authority with jurisdiction 
        of the facility and appropriate State or local law enforcement agencies; 
        and
            ``(2) integrate, to the maximum extent practical, any security 
        system for the facility with compatible systems operated or maintained 
        by the appropriate State, law enforcement agencies, and the Coast 
        Guard.''.

SEC. 823. TRANSPORTATION SECURITY CARDS.

    Section 70105 of title 46, United States Code, is further amended by adding 
at the end thereof the following:
    ``(q) Receipt and Activation of Transportation Security Card.--
            ``(1) In general.--Not later than one year after the date of 
        publication of final regulations required by subsection (k)(3) of this 
        section the Secretary shall develop a plan to permit the receipt and 
        activation of transportation security cards at any vessel or facility 
        described in subsection (a) of this section that desires to implement 
        this capability. This plan shall comply, to the extent possible, with 
        all appropriate requirements of Federal standards for personal identity 
        verification and credential.
            ``(2) Limitation.--The Secretary may not require any such vessel or 
        facility to provide on-site activation capability.''.

SEC. 824. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS EQUIPMENT AT INTERAGENCY 
              OPERATIONAL CENTERS.

    Section 70107A of title 46, United States Code, is amended--
            (1) by redesignating subsections (e) and (f) as subsections (f) and 
        (g), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Deployment of Interoperable Communications Equipment at Interagency 
Operational Centers.--The Secretary, subject to the availability of 
appropriations, shall ensure that interoperable communications technology is 
deployed at all interagency operational centers established under subsection (a) 
and that such technology and equipment has been tested in live operational 
environments before deployment.''.

SEC. 825. INTERNATIONAL PORT AND FACILITY INSPECTION COORDINATION.

    (a) Coordination.--The Secretary of the department in which the Coast Guard 
is operating shall, to the extent practicable, conduct the assessments required 
by the following provisions of law concurrently, or develop a process by which 
they are integrated and conducted by the Coast Guard:
            (1) Section 205 of the SAFE Port Act (6 U.S.C. 945).
            (2) Section 213 of that Act (6 U.S.C. 964).
            (3) Section 70108 of title 46, United States Code.
    (b) Limitation.--Nothing in subsection (a) shall be construed to affect or 
diminish the Secretary's authority or discretion--
            (1) to conduct an assessment of a foreign port at any time;
            (2) to compel the Secretary to conduct an assessment of a foreign 
        port so as to ensure that 2 or more assessments are conducted 
        concurrently; or
            (3) to cancel an assessment of a foreign port if the Secretary is 
        unable to conduct 2 or more assessments concurrently.
    (c) Multiple Assessment Report.--The Secretary shall provide written notice 
to the Committee on Commerce, Science, and Transportation of the Senate and the 
Committees on Transportation and Infrastructure and Homeland Security of the 
House of Representatives whenever the Secretary conducts 2 or more assessments 
of the same port within a 3-year period.

SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT MITIGATION PLAN.

    Section 70103(b)(2) of title 46, United States Code, is amended--
            (1) by redesignating subparagraphs (E) through (G) as subparagraphs 
        (F) through (H), respectively; and
            (2) by inserting after subparagraph (D) the following:
            ``(E) establish area response and recovery protocols to prepare for, 
        respond to, mitigate against, and recover from a transportation security 
        incident consistent with section 202 of the SAFE Port Act of 2006 (6 
        U.S.C. 942) and subsection (a) of this section;''.

SEC. 827. RISK BASED RESOURCE ALLOCATION.

    (a) National Standard.--Within 1 year after the date of enactment of this 
Act, in carrying out chapter 701 of title 46, United States Code, the Secretary 
of the department in which the Coast Guard is operating shall develop and 
utilize a national standard and formula for prioritizing and addressing assessed 
security risks at United State ports and facilities on or adjacent to the 
waterways of the United States, such as the Maritime Security Risk Assessment 
Model that has been tested by the Department of Homeland Security.
    (b) Use by Maritime Security Committees.--Within 2 years after the date of 
enactment of this Act, the Secretary shall require each Area Maritime Security 
Committee to use this standard to regularly evaluate each port's assessed risk 
and prioritize how to mitigate the most significant risks.
    (c) Other Uses of Standard.--The Secretary shall utilize the standard when 
considering departmental resource allocations and grant making decisions.
    (d) Use of Maritime Risk Assessment Model.--Within 180 days after the date 
of enactment of this Act, the Secretary of the department in which the Coast 
Guard is operating shall make the United States Coast Guard's Maritime Security 
Risk Assessment Model available, in an unclassified version, on a limited basis 
to regulated vessels and facilities to conduct true risk assessments of their 
own facilities and vessels using the same criteria employed by the Coast Guard 
when evaluating a port area, facility, or vessel.

SEC. 828. PORT SECURITY ZONES.

    (a) In General.--Section 701 of title 46, United States Code, is amended by 
adding at the end the following:

                      ``SUBCHAPTER II--PORT SECURITY ZONES

``Sec. 70131. Definitions
    ``In this subchapter:
            ``(1) Law enforcement agency.--The term `law enforcement agency' 
        means an agency of a State, a political subdivision of a State, or a 
        Federally recognized tribe that is authorized by law to supervise the 
        prevention, detection, investigation, or prosecution of any violation of 
        criminal law.
            ``(2) Security zone.--The term `security zone' means a security 
        zone, established by the Commandant of the Coast Guard or the 
        Commandant's designee pursuant to section 1 of title II of the Act of 
        June 15, 1917 (50 U.S.C. 191) or section 7(b) of the Ports and Waterways 
        Safety Act (33 U.S.C. 1226(b)), for a vessel carrying especially 
        hazardous cargo when such vessel--
                    ``(A) enters, or operates within, the internal waters of the 
                United States and the territorial sea of the United States; or
                    ``(B) transfers such cargo or residue in any port or place, 
                under the jurisdiction of the United States, within the 
                territorial sea of the United States or the internal waters of 
                the United States.
``Sec. 70132. Credentialing standards, training, and certification for State and 
              local support for the enforcement of security zones for the 
              transportation of especially hazardous cargo
    ``(a) Standard.--The Commandant of the Coast Guard shall establish, by 
regulation, national standards for training and credentialing of law enforcement 
personnel--
            ``(1) to enforce a security zone; or
            ``(2) to assist in the enforcement of a security zone.
    ``(b) Training.--
            ``(1) The Commandant of the Coast Guard--
                    ``(A) shall develop and publish a training curriculum for--
                            ``(i) law enforcement personnel to enforce a 
                        security zone;
                            ``(ii) law enforcement personnel to enforce or 
                        assist in the enforcement of a security zone; and
                            ``(iii) personnel who are employed or retained by a 
                        facility or vessel owner to assist in the enforcement of 
                        a security zone; and
                    ``(B) may--
                            ``(i) test and deliver such training, the curriculum 
                        for which is developed pursuant to subparagraph (A);
                            ``(ii) enter into an agreement under which a public 
                        entity (including a Federal agency) or private entity 
                        may test and deliver such training, the curriculum for 
                        which has been developed pursuant to subparagraph (A); 
                        and
                            ``(iii) may accept a program, conducted by a public 
                        entity (including a Federal agency) or private entity, 
                        through which such training is delivered the curriculum 
                        for which is developed pursuant to subparagraph (A).
            ``(2) Any Federal agency that provides such training, and any public 
        or private entity that receives moneys, pursuant to section 70107(b)(8) 
        of this title, to provide such training, shall provide such training--
                    ``(A) to law enforcement personnel who enforce or assist in 
                the enforcement of a security zone; and
                    ``(B) on an availability basis to--
                            ``(i) law enforcement personnel who assist in the 
                        enforcement of a security zone; and
                            ``(ii) personnel who are employed or retained by a 
                        facility or vessel owner or operator to assist in the 
                        enforcement of a security zone.
            ``(3) If a Federal agency provides the training, the head of such 
        agency may, notwithstanding any other provision of law, accept payment 
        from any source for such training, and any amount received as payment 
        shall be credited to the appropriation, current at the time of 
        collection, charged with the cost thereof and shall be merged with, and 
        available for, the same purposes of such appropriation.
            ``(4) Notwithstanding any other provision of law, any moneys, 
        awarded by the Department of Homeland Security in the form of awards or 
        grants, may be used by the recipient to pay for training of personnel to 
        assist in the enforcement of security zones and limited access areas.
    ``(c) Certification; Training Partners.--In developing and delivering 
training under the training program, the Secretary, in coordination with the 
Maritime Administrator of the Department of Transportation, and consistent with 
section 109 of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 
note), shall--
            ``(1) work with government training facilities, academic 
        institutions, private organizations, employee organizations, and other 
        entities that provide specialized, state-of-the-art training for 
        governmental and nongovernmental emergency responder providers or 
        commercial seaport personnel and management;
            ``(2) utilize, as appropriate, government training facilities, 
        courses provided by community colleges, public safety academies, State 
        and private universities, and other facilities; and
            ``(3) certify organizations that offer the curriculum for training 
        and certification.''.
    (b) Grants; Administration.--Section 70107 of title 46, United States Code, 
is amended--
            (1) by striking ``services.'' in subsection (a) and inserting 
        ``services and to train law enforcement personnel under section 70132 of 
        this title.'';
            (2) by adding at the end of subsection (b) the following:
            ``(8) The cost of training law enforcement personnel--
                    ``(A) to enforce a security zone under section 70132 of this 
                title; or
                    ``(B) assist in the enforcement of a security zone.'';
            (3) by adding at the end of subsection (c)(2) the following:
                    ``(C) Training.--There are no matching requirements for 
                grants under subsection (a) to train law enforcement agency 
                personnel in the enforcement of security zones under section 
                70132 of this title or in assisting in the enforcement of such 
                security zones.''; and
            (4) by striking ``2011'' in subsection (l) and inserting ``2013''.
    (c) Conforming Amendments.--
            (1) Subchapter I designation.--Chapter 701 of title 46, United 
        States Code, is amended by inserting before section 70101 the following:

                           ``SUBCHAPTER I--GENERAL''.

            (2) Table of contents amendments.--The table of contents for chapter 
        701 of title 46, United States Code, is amended--
            (3) by inserting before the item relating to section 70101 the 
        following:

                           ``Subchapter I--General'';

        and
            (4) by adding at the end the following:

                  ``subchapter ii--port security zones

``70131. Definitions.
``70132. Credentialing standards, training, and certification for State 
                            and local support for the enforcement of 
                            security zones for the transportation of 
                            especially hazardous cargo.''.

                       TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. WAIVERS.

    (a) General Coastwise Waiver.--Notwithstanding section 12112 and chapter 551 
of title 46, United States Code, the Secretary of the department in which the 
Coast Guard is operating may issue a certificate of documentation with a 
coastwise endorsement for the following vessels:
            (1) ZIPPER (State of New York regulation number NY3205EB).
            (2) GULF DIVER IV (United States official number 553457).
    (b) GALLANT LADY.--Section 1120(c) of the Coast Guard Authorization Act of 
1996 (110 Stat. 3977) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``of Transportation'' and inserting ``of the 
                department in which the Coast Guard is operating''; and
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) the vessel GALLANT LADY (Feadship hull number 672, 
                approximately 168 feet in length).'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) Condition.--The only nonrecreational activity authorized for 
        the vessel referred to in subparagraph (A) of paragraph (1) is the 
        transportation of individuals on behalf of an organization described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
        tax under section 501(a) of such Code, for which the owner of the vessel 
        receives no compensation.'';
            (3) by striking paragraph (4) and redesignating paragraph (5) as 
        paragraph (4); and
            (4) in paragraph (4) (as so redesignated) by striking all after 
        ``shall expire'' and inserting ``on the date of the sale of the vessel 
        by the owner.''.
    (c) Activity of Certain Vessels.--
            (1) In general.--Section 12102 of title 46, United States Code, is 
        amended by adding at the end the following:
    ``(d) Aquaculture Waiver.--
            ``(1) Permitting of nonqualified vessels to perform certain 
        aquaculture support operations.--Notwithstanding section 12113 and any 
        other law, the Secretary of Transportation may issue a waiver allowing a 
        documented vessel with a registry endorsement or a foreign flag vessel 
        to be used in operations that treat aquaculture fish for or protect 
        aquaculture fish from disease, parasitic infestation, or other threats 
        to their health if the Secretary finds, after publishing a notice in the 
        Federal Register, that a suitable vessel of the United States is not 
        available that could perform those services.
            ``(2) Prohibition.--Vessels operating under a waiver issued under 
        this subsection may not engage in any coastwise transportation.''.
            (2) Implementing and interim regulations.--The Secretary of the 
        department in which the Coast Guard is operating shall, in accordance 
        with section 553 of title 5, United States Code, and after public notice 
        and comment, promulgate regulations necessary and appropriate to 
        implement this subsection. The Secretary may grant interim permits 
        pending the issuance of such regulations upon receipt of applications 
        containing the required information.

SEC. 902. CREW WAGES ON PASSENGER VESSELS.

    (a) Foreign and Intercoastal Voyages.--
            (1) Cap on penalty wages.--Section 10313(g) of title 46, United 
        States Code, is amended--
                    (A) by striking ``When'' and inserting ``(1) Subject to 
                paragraph (2), when''; and
                    (B) by adding at the end the following:
    ``(2) The total amount required to be paid under paragraph (1) with respect 
to all claims in a class action suit by seamen on a passenger vessel capable of 
carrying more than 500 passengers for wages under this section against a vessel 
master, owner, or operator or the employer of the seamen shall not exceed ten 
times the unpaid wages that are the subject of the claims.
    ``(3) A class action suit for wages under this subsection must be commenced 
within three years after the later of--
            ``(A) the date of the end of the last voyage for which the wages are 
        claimed; or
            ``(B) the receipt, by a seaman who is a claimant in the suit, of a 
        payment of wages that are the subject of the suit that is made in the 
        ordinary course of employment.''.
            (2) Deposits.--Section 10315 of such title is amended by adding at 
        the end the following:
    ``(f) Deposits in Seaman Account.--By written request signed by the seaman, 
a seaman employed on a passenger vessel capable of carrying more than 500 
passengers may authorize the master, owner, or operator of the vessel, or the 
employer of the seaman, to make deposits of wages of the seaman into a checking, 
savings, investment, or retirement account, or other account to secure a payroll 
or debit card for the seaman if--
            ``(1) the wages designated by the seaman for such deposit are 
        deposited in a United States or international financial institution 
        designated by the seaman;
            ``(2) such deposits in the financial institution are fully 
        guaranteed under commonly accepted international standards by the 
        government of the country in which the financial institution is 
        licensed;
            ``(3) a written wage statement or pay stub, including an accounting 
        of any direct deposit, is delivered to the seaman no less often than 
        monthly; and
            ``(4) while on board the vessel on which the seaman is employed, the 
        seaman is able to arrange for withdrawal of all funds on deposit in the 
        account in which the wages are deposited.''.
    (b) Coastwise Voyages.--
            (1) Cap on penalty wages.--Section 10504(c) of such title is 
        amended--
                    (A) by striking ``When'' and inserting ``(1) Subject to 
                subsection (d), and except as provided in paragraph (2), when''; 
                and
                    (B) by inserting at the end the following:
    ``(2) The total amount required to be paid under paragraph (1) with respect 
to all claims in a class action suit by seamen on a passenger vessel capable of 
carrying more than 500 passengers for wages under this section against a vessel 
master, owner, or operator or the employer of the seamen shall not exceed ten 
times the unpaid wages that are the subject of the claims.
    ``(3) A class action suit for wages under this subsection must be commenced 
within three years after the later of--
            ``(A) the date of the end of the last voyage for which the wages are 
        claimed; or
            ``(B) the receipt, by a seaman who is a claimant in the suit, of a 
        payment of wages that are the subject of the suit that is made in the 
        ordinary course of employment.''.
            (2) Deposits.--Section 10504 of such title is amended by adding at 
        the end the following:
    ``(f) Deposits in Seaman Account.--On written request signed by the seaman, 
a seaman employed on a passenger vessel capable of carrying more than 500 
passengers may authorize, the master, owner, or operator of the vessel, or the 
employer of the seaman, to make deposits of wages of the seaman into a checking, 
savings, investment, or retirement account, or other account to secure a payroll 
or debit card for the seaman if--
            ``(1) the wages designated by the seaman for such deposit are 
        deposited in a United States or international financial institution 
        designated by the seaman;
            ``(2) such deposits in the financial institution are fully 
        guaranteed under commonly accepted international standards by the 
        government of the country in which the financial institution is 
        licensed;
            ``(3) a written wage statement or pay stub, including an accounting 
        of any direct deposit, is delivered to the seaman no less often than 
        monthly; and
            ``(4) while on board the vessel on which the seaman is employed, the 
        seaman is able to arrange for withdrawal of all funds on deposit in the 
        account in which the wages are deposited.''.

SEC. 903. TECHNICAL CORRECTIONS.

    (a) Coast Guard and Maritime Transportation Act of 2006.--Effective with 
enactment of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 
109-241), such Act is amended--
            (1) in section 311(b) (120 Stat. 530) by inserting ``paragraphs (1) 
        and (2) of'' before ``section 8104(o)'';
            (2) in section 603(a)(2) (120 Stat. 554) by striking ``33 U.S.C. 
        2794(a)(2)'' and inserting ``33 U.S.C. 2704(a)(2)'';
            (3) in section 901(r)(2) (120 Stat. 566) by striking ``the'' the 
        second place it appears;
            (4) in section 902(c) (120 Stat. 566) by inserting ``of the United 
        States'' after ``Revised Statutes'';
            (5) in section 902(e) (120 Stat. 567) is amended--
                    (A) by inserting ``and'' after the semicolon at the end of 
                paragraph (1);
                    (B) by striking ``and'' at the end of paragraph (2)(A); and
                    (C) by redesignating paragraphs (3) and (4) as subparagraphs 
                (C) and (D) of paragraph (2), respectively, and aligning the 
                left margin of such subparagraphs with the left margin of 
                subparagraph (A) of paragraph (2);
            (6) in section 902(e)(2)(C) (as so redesignated) by striking ``this 
        section'' and inserting ``this paragraph'';
            (7) in section 902(e)(2)(D) (as so redesignated) by striking ``this 
        section'' and inserting ``this paragraph'';
            (8) in section 902(h)(1) (120 Stat. 567)--
                    (A) by striking ``Bisti/De-Na-Zin'' and all that follows 
                through ``Protection'' and inserting ``Omnibus Parks and Public 
                Lands Management''; and
                    (B) by inserting a period after ``Commandant of the Coast 
                Guard''; and
            (9) in section 902(k) (120 Stat. 568) is amended--
                    (A) by inserting ``the Act of March 23, 1906, commonly known 
                as'' before ``the General Bridge'';
                    (B) by striking ``491)'' and inserting ``494),''; and
                    (C) by inserting ``each place it appears'' before ``and 
                inserting''.
    (b) Title 14.--
            (1) The analysis for chapter 7 of title 14, United States Code, is 
        amended by adding a period at the end of the item relating to section 
        149.
            (2) The analysis for chapter 17 of title 14, United States Code, is 
        amended by adding a period at the end of the item relating to section 
        677.
            (3) The analysis for chapter 9 of title 14, United States Code, is 
        amended by adding a period at the end of the item relating to section 
        198.
            (4) Section 182 of title 14, United States Code, is amended by 
        striking the third sentence.
    (c) Title 46.--
            (1) The analysis for chapter 81 of title 46, United States Code, is 
        amended by adding a period at the end of the item relating to section 
        8106.
            (2) Section 70105(c)(3)(C) of such title is amended by striking 
        ``National Intelligence Director'' and inserting ``Director of National 
        Intelligence''.
    (d) Deepwater Port Act of 1974.--Section 5(c)(2) of the Deepwater Port Act 
of 1974 (33 U.S.C. 1504(c)(2)) is amended by aligning the left margin of 
subparagraph (K) with the left margin of subparagraph (L).
    (e) Oil Pollution Act of 1990.--
            (1) Section 1004(a)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
        2704(a)(2)) is amended by striking the first comma following 
        ``$800,000''.
            (2) The table of sections in section 2 of such Act is amended by 
        inserting a period at the end of the item relating to section 7002.
    (f) Coast Guard Authorization Act of 1996.--The table of sections in section 
2 of the Coast Guard Authorization Act of 1996 is amended in the item relating 
to section 103 by striking ``reports'' and inserting ``report''.

SEC. 904. MANNING REQUIREMENT.

    Section 421 of the Coast Guard and Maritime Transportation Act of 2006 
(Public Law 109-241; 120 Stat. 547) is amended--
            (1) in subsection (a), by striking ``in the 48-month period 
        beginning on the date of enactment of this Act if,'' and inserting 
        ``until the date of expiration of this section if,'';
            (2) in subsection (b), by striking ``Subsection (a)(1)'' and 
        inserting ``Subsection (a)'';
            (3) in subsection (d), by striking ``48 months after the date of 
        enactment of this Act.'' and inserting ``on December 31, 2012.''; and
            (4) by redesignating subsection (e) as subsection (f) and inserting 
        after subsection (d) the following:
    ``(e) Safety Inspections.--A vessel may not engage a foreign citizen to meet 
a manning requirement under this section unless it has an annual safety 
examination by an individual authorized to enforce part B of subtitle II of 
title 46, United States Code.''.

SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS.

    The Commandant of the Coast Guard shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a comprehensive study on the 
proposed construction or alteration of any bridge, drawbridge, or causeway over 
navigable waters with a channel depth of 25 feet or greater of the United States 
that may impede or obstruct future navigation to or from port facilities.

SEC. 906. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN SEAMEN.

    Section 11108(b)(2)(B) of title 46, United States Code, is amended to read 
as follows:
                    ``(B) who performs regularly assigned duties while engaged 
                as a master, officer, or crewman on a vessel operating on 
                navigable waters in 2 or more States.''.

SEC. 907. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY, MICHIGAN, 
              TO THE CITY OF MARQUETTE, MICHIGAN.

    (a) Conveyance Authorized.--
            (1) In general.--The Commandant of the Coast Guard may convey as 
        surplus property, under section 550 of title 40, United States Code, and 
        other relevant Federal Laws governing the disposal of Federal surplus 
        property, to the City of Marquette, Michigan (in this section referred 
        to as the ``City''), all right, title, and interest of the United States 
        in and to a parcel of real property, together with any improvements 
        thereon, located in Marquette County, Michigan, that is under the 
        administrative control of the Coast Guard, consisting of approximately 
        5.5 acres of real property, as depicted on the Van Neste survey 
        (#204072), dated September 7, 2006, together with the land between the 
        intermediate traverse line as shown on such survey and the ordinary high 
        water mark, the total comprising 9 acres, more or less, and commonly 
        identified as Coast Guard Station Marquette and Lighthouse Point.
            (2) Costs of conveyance.--The responsibility for all reasonable and 
        necessary costs, including real estate transaction and environmental 
        documentation costs, associated with the transaction shall be determined 
        by the Commandant of the Coast Guard and the City.
    (b) Retention of Certain Easements.--In conveying the property under 
subsection (a), the Commandant of the Coast Guard may retain such easements over 
the property as the Commandant considers appropriate for access to aids to 
navigation.
    (c) Limitations.--The property to be conveyed under subsection (a) may not 
be conveyed under that subsection until--
            (1) the Coast Guard has relocated Coast Guard Station Marquette to a 
        newly constructed station;
            (2) any environmental remediation required under Federal law with 
        respect to the property has been completed; and
            (3) the Commandant of the Coast Guard determines that retention of 
        the property by the United States is not required to carry out Coast 
        Guard missions or functions.
    (d) Conditions of Transfer.--All conditions placed within the deed of title 
of the property to be conveyed under subsection (a) shall be construed as 
covenants running with the land.
    (e) Description of Property.--The exact acreage and legal description of the 
property to be conveyed under subsection (a) shall be determined by a survey 
satisfactory to the Commandant of the Coast Guard.
    (f) Additional Terms and Conditions.--The Commandant of the Coast Guard may 
require such additional terms and conditions in connection with the conveyance 
authorized by subsection (a) as the Commandant considers appropriate to protect 
the interests of the United States.

SEC. 908. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF THE RIO GRANDE 
              RIVER, TEXAS, INTERNATIONAL WATER BOUNDARY.

    Not later than 90 days after the date of the enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall prepare 
a mission requirement analysis for the navigable portions of the Rio Grande 
River, Texas, international water boundary. The analysis shall take into account 
the Coast Guard's involvement on the Rio Grande River by assessing Coast Guard 
missions, assets, and personnel assigned along the Rio Grande River. The 
analysis shall also identify what would be needed for the Coast Guard to 
increase search and rescue operations, migrant interdiction operations, and drug 
interdiction operations. In carrying out this section, the Secretary shall work 
with all appropriate entities to facilitate the collection of information under 
this section as necessary and shall report the analysis to the Congress.

SEC. 909. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN, MICHIGAN.

    (a) Conveyance Authorized.--Notwithstanding any other provision of law, the 
Commandant of the Coast Guard is authorized to convey, at fair market value, all 
right, title, and interest of the United States in and to a parcel of real 
property, consisting of approximately 3 acres, more or less, that is under the 
administrative control of the Coast Guard and located at 900 S. Western Avenue 
in Cheboygan, Michigan.
    (b) Right of First Refusal.--The Cornerstone Christian Academy, located in 
Cheboygan, MI, shall have the right of first refusal to purchase, at fair market 
value, all or a portion of the real property described in subsection (a).
    (c) Description of Property.--The exact acreage and legal description of the 
property to be conveyed under subsection (a) shall be determined by a survey 
satisfactory to the Commandant of the Coast Guard.
    (d) Fair Market Value.--The fair market value of the property shall be--
            (1) determined by appraisal, in accordance with the Uniform 
        Appraisal Standards for Federal Land Acquisitions and the Uniform 
        Standards of Professional Appraisal Practice; and
            (2) subject to the approval of the Commandant.
    (e) Costs of Conveyance.--The responsibility for all reasonable and 
necessary costs, including real estate transaction and environmental 
documentation costs, associated with the transaction shall be determined by the 
Commandant of the Coast Guard and the purchaser.
    (f) Additional Terms and Conditions.--The Commandant of the Coast Guard may 
require such additional terms and conditions in connection with the conveyance 
under subsection (a) as is considered appropriate to protect the interests of 
the United States.

SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF UNINSPECTED PASSENGER 
              VESSELS ON LAKE TEXOMA IN TEXAS AND OKLAHOMA.

    (a) In General.--Upon the request of the Governor of the State of Texas or 
the Governor of the State of Oklahoma, the Secretary of the department in which 
the Coast Guard is operating shall enter into an agreement with the Governor of 
the State whereby the State shall license operators of uninspected passenger 
vessels operating on Lake Texoma in Texas and Oklahoma in lieu of the Secretary 
issuing the license pursuant to section 8903 of title 46, United States Code, 
and the regulations issued thereunder, but only if the State plan for licensing 
the operators of uninspected passenger vessels--
            (1) meets the equivalent standards of safety and protection of the 
        environment as those contained in subtitle II of title 46, United States 
        Code, and regulations issued thereunder;
            (2) includes--
                    (A) standards for chemical testing for such operators;
                    (B) physical standards for such operators;
                    (C) professional service and training requirements for such 
                operators; and
                    (D) criminal history background check for such operators;
            (3) provides for the suspension and revocation of State licenses;
            (4) makes an individual, who is ineligible for a license issued 
        under title 46, United States Code, ineligible for a State license; and
            (5) provides for a report that includes--
                    (A) the number of applications that, for the preceding year, 
                the State rejected due to failure to--
                            (i) meet chemical testing standards;
                            (ii) meet physical standards;
                            (iii) meet professional service and training 
                        requirements; and
                            (iv) pass criminal history background check for such 
                        operators;
                    (B) the number of licenses that, for the preceding year, the 
                State issued;
                    (C) the number of license investigations that, for the 
                preceding year, the State conducted;
                    (D) the number of licenses that, for the preceding year, the 
                State suspended or revoked, and the cause for such suspensions 
                or revocations; and
                    (E) the number of injuries, deaths, collisions, and loss or 
                damage associated with uninspected passenger vessels operations 
                that, for the preceding year, the State investigated.
    (b) Administration.--
            (1) The Governor of the State may delegate the execution and 
        enforcement of the State plan, including the authority to license and 
        the duty to report information pursuant to subsection (a), to any 
        subordinate State officer. The Governor shall provide, to the Secretary, 
        written notice of any delegation.
            (2) The Governor (or the Governor's designee) shall provide written 
        notice of any amendment to the State plan no less than 45 days prior to 
        the effective date of such amendment.
            (3) At the request of the Secretary, the Governor of the State (or 
        the Governor's designee) shall grant, on a biennial basis, the Secretary 
        access to State records and State personnel for the purpose of auditing 
        State execution and enforcement of the State plan.
    (c) Application.--
            (1) The requirements of section 8903 of title 46, United States 
        Code, and the regulations issued thereunder shall not apply to any 
        person operating under the authority of a State license issued pursuant 
        to an agreement under this section.
            (2) The State shall not compel a person, operating under the 
        authority of a license issued either by another State, pursuant to a 
        valid agreement under this section, or by the Secretary, pursuant to 
        section 8903 of title 46, United States Code, to--
                    (A) hold a license issued by the State, pursuant to an 
                agreement under this section; or
                    (B) pay any fee, associated with licensing, because the 
                person does not hold a license issued by the State, pursuant to 
                an agreement under this section.
        Nothing in this paragraph shall limit the authority of the State to 
        impose requirements or fees for privileges, other than licensing, that 
        are associated with the operation of uninspected passenger vessels on 
        Lake Texoma.
            (3) For the purpose of enforcement, if an individual is issued a 
        license--
                    (A) by a State, pursuant to an agreement entered into under 
                to this section; or
                    (B) by the Secretary, pursuant to section 8903 of title 46, 
                United States Code,
        then the individual shall be entitled to lawfully operate an uninspected 
        passenger vessel on Lake Texoma in Texas and Oklahoma without further 
        requirement to hold an additional operator's license.
    (d) Termination.--
            (1) If--
                    (A) the Secretary finds that the State plan for the 
                licensing the operators of uninspected passenger vessels--
                            (i) does not meet the equivalent standards of safety 
                        and protection of the environment as those contained in 
                        subtitle II of title 46, United States Code, and 
                        regulations issued thereunder;
                            (ii) does not include--
                                    (I) standards for chemical testing for such 
                                operators,
                                    (II) physical standards for such operators,
                                    (III) professional service and training 
                                requirements for such operators, or
                                    (IV) background and criminal investigations 
                                for such operators;
                            (iii) does not provide for the suspension and 
                        revocation of State licenses; or
                            (iv) does not make an individual, who is ineligible 
                        for a license issued under title 46, United States Code, 
                        ineligible for a State license; or
                    (B) the Governor (or the Governor's designee) fails to 
                report pursuant to subsection (b),
        the Secretary shall terminate the agreement authorized by this section, 
        provided that the Secretary provides written notice to the Governor of 
        the State 60 days in advance of termination. The findings of fact and 
        conclusions of the Secretary, if based on a preponderance of the 
        evidence, shall be conclusive.
            (2) The Governor of the State may terminate the agreement authorized 
        by this section, provided that the Governor provides written notice to 
        the Secretary 60 days in advance of the termination date.
    (e) Existing Authority.--Nothing in this section shall affect or diminish 
the authority or jurisdiction of any Federal or State officer to investigate, or 
require reporting of, marine casualties.
    (f) Definitions.--For the purposes of this section, the term ``uninspected 
passenger vessel'' has the same meaning such term has in section 2101(42)(B) of 
title 46, United States Code.

SEC. 911. STRATEGY REGARDING DRUG TRAFFICKING VESSELS.

    Within 180 days after the date of enactment of this Act, the Secretary of 
the department in which the Coast Guard is operating, acting through the 
Commandant of the Coast Guard, shall submit a report to Congress on its 
comprehensive strategy to combat the illicit flow of narcotics, weapons, bulk 
cash, and other contraband through the use of submersible and semi-submersible 
vessels. The strategy shall be developed in coordination with other Federal 
agencies engaged in detection, interdiction, or apprehension of such vessels. At 
a minimum, the report shall include the following:
            (1) An assessment of the threats posed by submersible and semi-
        submersible vessels, including the number of such vessels that have been 
        detected or interdicted.
            (2) Information regarding the Federal personnel, technology and 
        other resources available to detect and interdict such vessels.
            (3) An explanation of the Coast Guard's plan, working with other 
        Federal agencies as appropriate, to detect and interdict such vessels.
            (4) An assessment of additional personnel, technology, or other 
        resources necessary to address such vessels.

SEC. 912. USE OF FORCE AGAINST PIRACY.

    (a) In General.--Chapter 81 of title 46, United States Code, is amended by 
adding at the end the following new section:
``Sec. 8107. Use of force against piracy
    ``(a) Limitation on Liability.--An owner, operator, time charterer, master, 
mariner, or individual who uses force or authorizes the use of force to defend a 
vessel of the United States against an act of piracy shall not be liable for 
monetary damages for any injury or death caused by such force to any person 
engaging in an act of piracy if such force was in accordance with standard rules 
for the use of force in self-defense of vessels prescribed by the Secretary.
    ``(b) Promotion of Coordinated Action.--To carry out the purpose of this 
section, the Secretary of the department in which the Coast Guard is operating 
shall work through the International Maritime Organization to establish 
agreements to promote coordinated action among flag- and port-states to deter, 
protect against, and rapidly respond to piracy against the vessels of, and in 
the waters under the jurisdiction of, those nations, and to ensure limitations 
on liability similar to those established by subsection (a).
    ``(c) Definition.--For the purpose of this section, the term `act of piracy' 
means any act of aggression, search, restraint, depredation, or seizure 
attempted against a vessel of the United States by an individual not authorized 
by the United States, a foreign government, or an international organization 
recognized by the United States to enforce law on the high seas.''.
    (b) Clerical Amendment.--The analysis at the beginning of such chapter is 
amended by adding at the end the following new item:

``8107. Use of force against piracy.''.
    (c) Standard Rules for the Use of Force for Self-defense of Vessels of the 
United States.--Not later than 180 days after the date of enactment of this act, 
the secretary of the department in which the coast guard is operating, in 
consultation with representatives of industry and labor, shall develop standard 
rules for the use of force for self-defense of vessels of the United States.

SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, UNITED STATES CODE.

    (a) In General.--Chapter 313 of title 46, United States Code, is amended--
            (1) by striking ``of Transportation'' in sections 31302, 31306, 
        31321, 31330, and 31343 each place it appears;
            (2) by striking ``and'' after the semicolon in section 31301(5)(F);
            (3) by striking ``office.'' in section 31301(6) and inserting 
        ``office; and''; and
            (4) by adding at the end of section 31301 the following:
            ``(7) `Secretary' means the Secretary of the Department of Homeland 
        Security, unless otherwise noted.''.
    (b) Secretary as Mortgagee.--Section 31308 of such title is amended by 
striking ``When the Secretary of Commerce or Transportation is a mortgagee under 
this chapter, the Secretary'' and inserting ``The Secretary of Commerce or 
Transportation, as a mortgagee under this chapter,''.
    (c) Secretary of Transportation.--Section 31329(d) of such title is amended 
by striking ``Secretary.'' and inserting ``Secretary of Transportation.''.
    (d) Mortgagee.--
            (1) Section 31330(a)(1) of such title, as amended by subsection 
        (a)(1) of this section, is amended--
                    (A) by inserting ``or'' after the semicolon in subparagraph 
                (B);
                    (B) by striking ``Secretary; or'' in subparagraph (C) and 
                inserting ``Secretary.''; and
                    (C) by striking subparagraph (D).
            (2) Section 31330(a)(2) is amended--
                    (A) by inserting ``or'' after the semicolon in subparagraph 
                (B);
                    (B) by striking ``faith; or'' in subparagraph (C) and 
                inserting ``faith.''; and
                    (C) by striking subparagraph (D).

SEC. 914. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.

    (a) In General.--Whenever the transfer of ownership of a Coast Guard vessel 
or aircraft to an eligible entity for use for educational, cultural, historical, 
charitable, recreational, or other public purposes is authorized by law or 
declared excess by the Commandant, the Coast Guard shall transfer the vessel or 
aircraft to the General Services Administration for conveyance to the eligible 
entity.
    (b) Conditions of Conveyance.--The General Services Administration may not 
convey a vessel or aircraft to an eligible entity as authorized by law unless 
the eligible entity agrees--
            (1) to provide the documentation needed by the General Services 
        Administration to process a request for aircraft or vessels under 
        section 102.37.225 of title 41, Code of Federal Regulations;
            (2) to comply with the special terms, conditions, and restrictions 
        imposed on aircraft and vessels under section 102.37.460 of such title;
            (3) to make the vessel available to the United States Government if 
        it is needed for use by the Commandant of the Coast Guard in time of war 
        or a national emergency; and
            (4) to hold the United States Government harmless for any claims 
        arising from exposure to hazardous materials, including asbestos and 
        polychlorinated biphenyls, that occurs after conveyance of the vessel, 
        except for claims arising from use of the vessel by the United States 
        Government under paragraph (3).
    (c) Other Obligations Unaffected.--Nothing in this section amends or affects 
any obligation of the Coast Guard or any other person under the Toxic Substances 
Control Act (15 U.S.C. 2601 et seq.) or any other law regarding use or disposal 
of hazardous materials including asbestos and polychlorinated biphenyls.
    (d) Eligible Entity Defined.--In this section, the term ``eligible entity'' 
means a State or local government, nonprofit corporation, educational agency, 
community development organization, or other entity that agrees to comply with 
the conditions established under this section.

SEC. 915. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND TRAFFIC FLOW.

    (a) Information on Usage.--Within 60 days after the date of enactment of 
this Act, the Commandant of the Coast Guard shall--
            (1) determine the types and numbers of vessels typically transiting 
        or utilizing that portion of the Atlantic Intracoastal Waterway 
        beginning at a point that is due East of the outlet of the Cutler Drain 
        Canal C-100 in Dade County, Florida, and ending at the Dade County line, 
        during a period of 30 days; and
            (2) provide the information on usage compiled under this subsection 
        to the Senate Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and Infrastructure.
    (b) Assessment of Certain Aids to Navigation.--Within 90 days after the date 
of enactment of this Act, the Commandant of the Coast Guard shall--
            (1) review and assess the buoys, markers, and other aids to 
        navigation in and along that portion of the Atlantic Intracoastal 
        Waterway specified in subsection (a), to determine the adequacy and 
        sufficiency of such aids, and the need to replace such aids, install 
        additional aids, or both; and
            (2) submit a report on the assessment required by this section to 
        the committees.
    (c) Submission of Plan.--Within 180 days after the date of enactment of this 
Act, the Commandant shall submit a plan to the committees to address the needs 
identified under subsection (b).

SEC. 916. FRESNEL LENS FROM PRESQUE ISLE LIGHT STATION IN PRESQUE ISLE, 
              MICHIGAN.

    (a) Determination; Analyses.--
            (1) Determination.--The Commandant of the Coast Guard shall 
        determine the necessity and adequacy of the existing Federal aids to 
        navigation at Presque Isle Light Station, Presque Isle, Michigan 
        (hereinafter ``Light Station''), and submit such determination to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate. The Commandant may base such determination 
        on the Waterways Analysis and Management System study of such Federal 
        aid to navigation, provided that such study was completed not more than 
        1 year prior to the date of enactment of this section.
            (2) Analyses.--The Commandant of the Coast Guard shall conduct--
                    (A) an analysis of the feasibility of restoring the Fresnel 
                Lens from the Light Station to operating condition, the capacity 
                of the Coast Guard to maintain the Fresnel Lens as a Federal aid 
                to navigation, and the impact on the Fresnel Lens as an artifact 
                if used as a Federal aid to navigation; and
                    (B) a comparative analysis of the cost of restoring, 
                reinstalling, operating, and maintaining the Fresnel Lens 
                (including life-cycle costs) and the cost of operating and 
                maintaining the existing Federal aid to navigation at the Light 
                Station (including life-cycle costs).
            (3) Submission.--Not later than 1 year after the date of enactment 
        of this section, the Commandant of the Coast Guard shall submit the 
        determination and analyses, conducted pursuant to this subsection, to 
        the Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
    (b) Transfer Possession of Lens Authorized.--
            (1) Transfer of possession.--Notwithstanding any other provision of 
        law, the Commandant of the Coast Guard may transfer to the Township of 
        Presque Isle, Michigan (hereinafter ``Township''), possession of the 
        Fresnel Lens from the Light Station for the purpose of conserving and 
        displaying such Fresnel Lens as an artifact in an exhibition facility at 
        or near the Light Station.
            (2) Condition.--As a condition of the transfer of possession 
        pursuant to paragraph (1)--
                    (A) all Federal aids to navigation located at, on, or in the 
                Light Station in operation on the date of transfer of possession 
                shall remain the personal property of the United States and 
                continue to be operated and maintained by the United States for 
                as long as needed for navigational purposes;
                    (B) there is reserved to the United States the right to 
                maintain, remove, replace, or install any Federal aid to 
                navigation located at, on, or in the Light Station as may be 
                necessary for navigational purposes; and
                    (C) the Township shall neither interfere nor allow 
                interference in any manner with any Federal aid to navigation, 
                nor hinder activities required for the operation and maintenance 
                of any Federal aid to navigation.
            (3) Alternative display.--
                    (A) In the event that--
                            (i) the Commandant of the Coast Guard, pursuant to a 
                        Waterways Analysis and Management System study, 
                        discontinues the existing Federal aids to navigation at, 
                        on, or in the Light Station; and
                            (ii) the Township demonstrates to the satisfaction 
                        of the Commandant that the Township can restore, 
                        reinstall, and display the Fresnel Lens from the Light 
                        Station in the lantern room of such Light Station in a 
                        manner that conserves such Fresnel Lens as an artifact,
                the Township is authorized, notwithstanding paragraph (1), to 
                display such Fresnel Lens in the lantern room of such Light 
                Station.
                    (B) Nothing in this paragraph shall be construed to prevent 
                the Township from installing a replica of the Fresnel Lens in 
                the lantern room of such Light Station.
    (c) Conveyance, Transfer of Additional Personal Property.--Notwithstanding 
any other provision of law, the Commandant may convey or transfer possession of 
any personal property of the United States, pertaining to the Fresnel Lens or 
the Light Station, as an artifact to the Township.
    (d) Terms; Reversionary Interest.--As a condition of transfer of possession 
of personal property of the United States, pursuant to subsection (c), the 
Commandant may require the Township to comply with terms and conditions 
necessary to protect and conserve such personal property. Upon notice that the 
Commandant has determined that the Township has not complied with such terms and 
conditions, the Township shall immediately transfer possession of such personal 
property to the Coast Guard, except to the extent otherwise approved by the 
Commandant.
    (e) Conveyance Without Consideration.--The conveyance or transfer of 
possession of any personal property of the United States (including the Fresnel 
Lens) under this section shall be without consideration.
    (f) Delivery of Property.--The Commandant shall deliver any personal 
property, conveyed or transferred pursuant to this section (including the 
Fresnel Lens)--
            (1) at the place where such property is located on the date of the 
        conveyance;
            (2) in condition on the date of conveyance; and
            (3) without cost to the United States.
    (g) Maintenance of Property.--As a condition of the transfer of possession 
of the Fresnel Lens and any other personal property of the United States to the 
Township under this section, the Commandant shall enter into an agreement with 
the Township under which the Township agrees to hold the United States harmless 
for any claim arising with respect to the Fresnel Lens or such personal 
property.
    (h) Limitation on Future Transfers.--The instruments providing for the 
transfer of possession of the Fresnel Lens or any other personal property of the 
United States under this section shall--
            (1) require that any further transfer of an interest in the Fresnel 
        Lens or personal property may not be made without the advance approval 
        of the Commandant; and
            (2) provide that, if the Commandant determines that an interest in 
        the Fresnel Lens or personal property was transferred without such 
        approval--
                    (A) all right, title, and interest in the Fresnel Lens or 
                personal property shall revert to the United States, and the 
                United States shall have the right to immediate possession of 
                the Fresnel Lens or personal property; and
                    (B) the recipient of the Fresnel Lens or personal property 
                shall pay the United States for costs incurred by the United 
                States in recovering the Fresnel Lens or personal property.
    (i) Additional Terms and Conditions.--The Commandant may require such 
additional terms and conditions in connection with the conveyance or transfer of 
personal property of the United States (including the Fresnel Lens) authorized 
by this section as the Commandant considers appropriate to protect the interests 
of the United States.

SEC. 917. MARITIME LAW ENFORCEMENT.

    (a) Penalties.--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 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
            (3) by adding at the end the following new paragraph:
            ``(5) the term `transportation under inhumane conditions' means--
                    ``(A) transportation--
                            ``(i) of one or more persons in an engine 
                        compartment, storage compartment, or other confined 
                        space;
                            ``(ii) at an excessive speed; or
                            ``(iii) of a number of persons in excess of the 
                        rated capacity of the vessel; or
                    ``(B) intentional grounding of a vessel in which persons are 
                being transported.''.

SEC. 918. CAPITAL INVESTMENT PLAN.

    The Commandant of the Coast Guard shall submit to the Committee on 
Transportation and Infrastructure and the Committee on Commerce, Science, and 
Transportation of the Senate the Coast Guard's 5-year capital investment plan 
concurrent with the President's budget submission for each fiscal year.

SEC. 919. REPORTS.

    Notwithstanding any other provision of law, in fiscal year 2011 the total 
amount of appropriated funds obligated or expended by the Coast Guard during any 
fiscal year in connection with any study or report required by law may not 
exceed the total amount of appropriated funds obligated or expended by the Coast 
Guard for such purpose in fiscal year 2010. In order to comply with the 
requirements of this limitation, the Commandant of the Coast Guard shall 
establish for each fiscal year a rank order of priority for studies and reports 
that can be conducted or completed during the fiscal year consistent with this 
limitation and shall post the list on the Coast Guard's public website.

SEC. 920. COMPLIANCE PROVISION.

    The budgetary effects of this Act, for purposes of complying with the 
Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the 
latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, 
jointly submitted for printing in the Congressional Record by the Chairmen of 
the House and Senate Budget Committees, provided that such statement has been 
submitted prior to the vote on passage in the House acting first on this 
conference report or amendments between the Houses.

SEC. 921. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE.

    Section 347 of the Maritime Transportation Security Act of 2002 (116 Stat. 
2108; as amended by section 706 of Public Law 109-347 (120 Stat. 1946)) is 
amended in subsection (i), by adding at the end the following new paragraph:
            ``(3) Public aquarium.--For purposes of this section, the term 
        `aquarium' or `public aquarium' as used in this section or in the deed 
        delivered to the Corporation or any agreement entered into pursuant to 
        this section, means any new building constructed by the Corporation 
        adjacent to the pier and bulkhead in compliance with the waterfront 
        provisions of the City of Portland Code of Ordinances.''.

                              TITLE X--CLEAN HULLS

                         Subtitle A--General Provisions

SEC. 1011. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Antifouling system.--The term ``antifouling system'' means a 
        coating, paint, surface treatment, surface, or device that is used or 
        intended to be used on a vessel to control or prevent attachment of 
        unwanted organisms.
            (3) Convention.--The term ``Convention'' means the International 
        Convention on the Control of Harmful Anti-Fouling Systems on Ships, 
        2001, including its annexes, and including any amendments to the 
        Convention or annexes which have entered into force for the United 
        States.
            (4) FPSO.--The term ``FPSO'' means a floating production, storage, 
        or offloading unit.
            (5) FSU.--The term ``FSU'' means a floating storage unit.
            (6) Gross tonnage.--The term ``gross tonnage'' as defined in chapter 
        143 of title 46, United States Code, means the gross tonnage calculated 
        in accordance with the tonnage measurement regulations contained in 
        annex 1 to the International Convention on Tonnage Measurement of Ships, 
        1969.
            (7) International voyage.--The term ``international voyage'' means a 
        voyage by a vessel entitled to fly the flag of one country to or from a 
        port, shipyard, offshore terminal, or other place under the jurisdiction 
        of another country.
            (8) Organotin.--The term ``organotin'' means any compound or 
        additive of tin bound to an organic ligand, that is used or intended to 
        be used as biocide in an antifouling system.
            (9) Person.--The term ``person'' means--
                    (A) any individual, partnership, association, corporation, 
                or organized group of persons whether incorporated or not;
                    (B) any department, agency, or instrumentality of the United 
                States, except as provided in section 3(b)(2); or
                    (C) any other government entity.
            (10) Secretary.--The term ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating.
            (11) Sell or distribute.--The term ``sell or distribute'' means to 
        distribute, sell, offer for sale, hold for distribution, hold for sale, 
        hold for shipment, ship, deliver for shipment, release for shipment, 
        import, export, hold for import, hold for export, or receive and (having 
        so received) deliver or offer to deliver.
            (12) Vessel.--The term ``vessel'' has the meaning given that term in 
        section 3 of title 1, United States Code, including hydrofoil boats, air 
        cushion watercraft, submersibles, floating craft, fixed or floating 
        platforms, floating storage units, and floating production, storage, and 
        offloading units.
            (13) Territorial sea.--The term ``territorial sea'' means the 
        territorial sea as described in Presidential Proclamation No. 5928 on 
        December 27, 1988.
            (14) United states.--The term ``United States'' means the several 
        States of the United States, the District of Columbia, Puerto Rico, 
        Guam, American Samoa, the Virgin Islands, the Commonwealth of the 
        Northern Marianas, and any other territory or possession over which the 
        United States has jurisdiction.
            (15) Use.--The term ``use'' includes application, reapplication, 
        installation, or any other employment of an antifouling system.

SEC. 1012. COVERED VESSELS.

    (a) Included Vessel.--Except as provided in subsection (b), after the 
Convention enters into force for the United States, the following vessels are 
subject to the requirements of this title:
            (1) A vessel documented under chapter 121 of title 46, United States 
        Code, or one operated under the authority of the United States, wherever 
        located.
            (2) Any vessel permitted by a Federal agency to operate on the Outer 
        Continental Shelf.
            (3) Any other vessel when--
                    (A) in the internal waters of the United States;
                    (B) in any port, shipyard, offshore terminal, or other place 
                in the United States;
                    (C) lightering in the territorial sea; or
                    (D) to the extent consistent with international law, 
                anchoring in the territorial sea of the United States.
    (b) Excluded Vessels.--
            (1) In general.--The following vessels are not subject to the 
        requirements of this title:
                    (A) Any warship, naval auxiliary, or other vessel owned or 
                operated by a foreign state, and used, for the time being, only 
                on government noncommercial service.
                    (B) Except as provided in paragraph (2), any warship, naval 
                auxiliary, or other vessel owned or operated by the United 
                States and used for the time being only on government 
                noncommercial service.
            (2) Application to united states government vessels.--
                    (A) In general.--The Administrator may apply any requirement 
                of this title to one or more classes of vessels described in 
                paragraph (1)(B), if the head of the Federal department or 
                agency under which those vessels operate concurs in that 
                application.
                    (B) Limitation for combat-related vessel.--Subparagraph (A) 
                shall not apply to combat-related vessels.

SEC. 1013. ADMINISTRATION AND ENFORCEMENT.

    (a) In General.--Unless otherwise specified in this title, with respect to a 
vessel, the Secretary shall administer and enforce the Convention and this 
title.
    (b) Administrator.--Except with respect to section 1031(b) and (c), the 
Administrator shall administer and enforce subtitle C.
    (c) Regulations.--The Administrator and the Secretary may each prescribe and 
enforce regulations as may be necessary to carry out their respective 
responsibilities under this title.

SEC. 1014. COMPLIANCE WITH INTERNATIONAL LAW.

    Any action taken under this title shall be taken in accordance with treaties 
to which the United States is a party and other international obligations of the 
United States.

SEC. 1015. UTILIZATION OF PERSONNEL, FACILITIES OR EQUIPMENT OF OTHER FEDERAL 
              DEPARTMENTS AND AGENCIES.

    The Secretary and the Administrator may utilize by agreement, with or 
without reimbursement, personnel, facilities, or equipment of other Federal 
departments and agencies in administering the Convention, this title, or any 
regulations prescribed under this title.

                  Subtitle B--Implementation of the Convention

SEC. 1021. CERTIFICATES.

    (a) Certificate Required.--On entry into force of the Convention for the 
United States, any vessel of at least 400 gross tons that engages in one or more 
international voyages (except fixed or floating platforms, FSUs, and FPSOs) 
shall carry an International Antifouling System Certificate.
    (b) Issuance of Certificate.--On entry into force of the Convention, on a 
finding that a successful survey required by the Convention has been completed, 
a vessel of at least 400 gross tons that engages in at least one international 
voyage (except fixed or floating platforms, FSUs, and FPSOs) shall be issued an 
International Antifouling System Certificate. The Secretary may issue the 
Certificate required by this section. The Secretary may delegate this authority 
to an organization that the Secretary determines is qualified to undertake that 
responsibility.
    (c) Maintenance of Certificate.--The Certificate required by this section 
shall be maintained as required by the Secretary.
    (d) Certificates Issued by Other Party Countries.--A Certificate issued by 
any country that is a party to the Convention has the same validity as a 
Certificate issued by the Secretary under this section.
    (e) Vessels of Nonparty Countries.--Notwithstanding subsection (a), a vessel 
of at least 400 gross tons, having the nationality of or entitled to fly the 
flag of a country that is not a party to the Convention, may demonstrate 
compliance with this title through other appropriate documentation considered 
acceptable by the Secretary.

SEC. 1022. DECLARATION.

    (a) Requirements.--On entry into force of the Convention for the United 
States, a vessel of at least 24 meters in length, but less than 400 gross tons 
engaged on an international voyage (except fixed or floating platforms, FSUs, 
and FPSOs) must carry a declaration described in subsection (b) that is signed 
by the owner or owner's authorized agent. That declaration shall be accompanied 
by appropriate documentation, such as a paint receipt or a contractor invoice, 
or contain an appropriate endorsement.
    (b) Content of Declaration.--The declaration must contain a clear statement 
that the antifouling system on the vessel complies with the Convention. The 
Secretary may prescribe the form and other requirements of the declaration.

SEC. 1023. OTHER COMPLIANCE DOCUMENTATION.

    In addition to the requirements under sections 1021 and 1022, the Secretary 
may require vessels to hold other documentation considered necessary to verify 
compliance with this title.

SEC. 1024. PROCESS FOR CONSIDERING ADDITIONAL CONTROLS.

    (a) Actions by Administrator.--The Administrator may--
            (1) participate in the technical group described in Article 7 of the 
        Convention, and in any other body convened pursuant to the Convention 
        for the consideration of new or additional controls on antifouling 
        systems;
            (2) evaluate any risks of adverse effects on nontarget organisms or 
        human health presented by a given antifouling system such that the 
        amendment of annex 1 of the Convention may be warranted;
            (3) undertake an assessment of relevant environmental, technical, 
        and economic considerations necessary to evaluate any proposals for new 
        or additional controls of antifouling systems under the Convention, 
        including benefits in the United States and elsewhere associated with 
        the production and use in the United States and elsewhere, of the 
        subject antifouling system; and
            (4) develop recommendations based on that assessment.
    (b) Referrals to Technical Group.--
            (1) Convening of shipping coordinating committee.--On referral of 
        any antifouling system to the technical group described in article 7 of 
        the Convention for consideration of new or additional controls, the 
        Secretary of State shall convene a public meeting of the Shipping 
        Coordinating Committee for the purpose of receiving information and 
        comments regarding controls on such antifouling system. The Secretary of 
        State shall publish advance notice of such meeting in the Federal 
        Register and on the State Department's Web site. The Administrator shall 
        assemble and maintain a public docket containing notices pertaining to 
        that meeting, any comments responding to those notices, the minutes of 
        that meeting, and materials presented at that meeting.
            (2) Report by technical group.--The Administrator shall promptly 
        make any report by the technical group described in the Convention 
        available to the public through the docket established pursuant to 
        subsection (b) and announce the availability of that report in the 
        Federal Register. The Administrator shall provide an opportunity for 
        public comment on the report for a period of not less than 30 days from 
        the time the availability of the report is announced in the Federal 
        Register.
            (3) Consideration of comments.--To the extent practicable, the 
        Administrator shall take any comments into consideration in developing 
        recommendations under subsection (a).

SEC. 1025. SCIENTIFIC AND TECHNICAL RESEARCH AND MONITORING; COMMUNICATION AND 
              INFORMATION.

    The Secretary, the Administrator, and the Administrator of the National 
Oceanic and Atmospheric Administration may each undertake scientific and 
technical research and monitoring pursuant to article 8 of the Convention and to 
promote the availability of relevant information concerning--
            (1) scientific and technical activities undertaken in accordance 
        with the Convention;
            (2) marine scientific and technological programs and their 
        objectives; and
            (3) the effects observed from any monitoring and assessment programs 
        relating to antifouling systems.

SEC. 1026. COMMUNICATION AND EXCHANGE OF INFORMATION.

    (a) In General.--Except as provided in subsection (b), with respect to those 
antifouling systems regulated by the Administrator, the Administrator shall 
provide to any party to the Convention that requests it, relevant information on 
which the decision to regulate was based, including information provided for in 
annex 3 to the Convention, or other information suitable for making an 
appropriate evaluation of the antifouling system.
    (b) Limitation.--This section shall not be construed to authorize the 
provision of information the disclosure of which is otherwise prohibited by law.

               Subtitle C--Prohibitions and Enforcement Authority

SEC. 1031. PROHIBITIONS.

    (a) In General.--Notwithstanding any other provision of law, it is unlawful 
for any person--
            (1) to act in violation of this title, or any regulation prescribed 
        under this title;
            (2) to sell or distribute in domestic or international commerce 
        organotin or an antifouling system containing organotin;
            (3) to manufacture, process, or use organotin to formulate an 
        antifouling system;
            (4) to apply an antifouling system containing organotin on any 
        vessel to which this title applies; or
            (5) after the Convention enters into force for the United States, to 
        apply or otherwise use in a manner inconsistent with the Convention, an 
        antifouling system on any vessel that is subject to this title.
    (b) Vessel Hulls.--Except as provided in subsection (c), no vessel shall 
bear on its hull or outer surface any antifouling system containing organotin, 
regardless of when such system was applied, unless that vessel bears an 
overcoating which forms a barrier to organotin leaching from the underlying 
antifouling system.
    (c) Limitations.--
            (1) Excepted vessel.--Subsection (b) does not apply to fixed or 
        floating platforms, FSUs, or FPSOs that were constructed prior to 
        January 1, 2003, and that have not been in dry dock on or after that 
        date.
            (2) Sale, manufacture, etc.--This section does not apply to--
                    (A) the sale, distribution, or use pursuant to any agreement 
                between the Administrator and any person that results in an 
                earlier prohibition or cancellation date than specified in this 
                title; or
                    (B) the manufacture, processing, formulation, sale, 
                distribution, or use of organotin or antifouling systems 
                containing organotin used or intended for use only for sonar 
                domes or in conductivity sensors in oceanographic instruments.

SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SECRETARY.

    (a) In General.--The Secretary may conduct investigations and inspections 
regarding a vessel's compliance with this title or the Convention.
    (b) Violations; Subpoenas.--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.
    (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 
Convention is found by the Administrator and there is reason to believe that a 
manufacturer, seller, distributor, or user has violated or is in violation of 
any provision of this title, or that such organotin or other substance or system 
regulated under the Convention has been or is intended to be manufactured, 
distributed, sold, or used in violation of this title, the Administrator may 
issue a stop manufacture, sale, use, or removal order to any person that owns, 
controls, or has custody of such organotin or other substance or system 
regulated under the Convention. After receipt of that order the person may not 
manufacture, sell, distribute, use, or remove the organotin or other substance 
or system regulated under the Convention described in the order except in 
accordance with the order.

SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINISTRATOR.

    The Administrator, in consultation with the Secretary, may establish, as 
necessary, terms and conditions regarding the removal and disposal of 
antifouling systems prohibited or restricted under this title.

            Subtitle D--Action on Violation, Penalties, and Referrals

SEC. 1041. CRIMINAL ENFORCEMENT.

    Any person who knowingly violates paragraph (2), (3), (4), or (5) of section 
1031(a) or section 1031(b) shall be fined under title 18, United States Code, or 
imprisoned not more than 6 years, or both.

SEC. 1042. CIVIL ENFORCEMENT.

    (a) Civil Penalty.--
            (1) In general.--Any person who is found by the Secretary or the 
        Administrator, as appropriate, after notice and an opportunity for a 
        hearing, to have--
                    (A) violated the Convention, this title, or any regulation 
                prescribed under this title, is liable to the United States 
                Government for a civil penalty of not more than $37,500 for each 
                violation; or
                    (B) made a false, fictitious, or fraudulent statement or 
                representation in any matter in which a statement or 
                representation is required to be made to the Secretary under the 
                Convention, this title, or any regulations prescribed under this 
                title, is liable to the United States for a civil penalty of not 
                more than $50,000 for each such statement or representation.
            (2) Relationship to other law.--This subsection shall not limit or 
        affect the authority of the Government under section 1001 of title 18, 
        United States Code.
    (b) Assessment of Penalty.--The amount of the civil penalty shall be 
assessed by the Secretary or Administrator, as appropriate, by written notice.
    (c) Limitation for Recreational Vessel.--A civil penalty imposed under 
subsection (a) against the owner or operator of a recreational vessel, as that 
term is defined in section 2101 of title 46, United States Code, for a violation 
of the Convention, this title, or any regulation prescribed under this title 
involving that recreational vessel, may not exceed $5,000 for each violation.
    (d) Determination of Penalty.--For purposes of penalties under this section, 
each day of a continuing violation constitutes a separate violation. In 
determining the amount of the penalty, the Secretary or Administrator shall take 
into account the nature, circumstances, extent, and gravity of the prohibited 
acts committed and, with respect to the violator, the degree of culpability, any 
history of prior offenses, the economic impact of the penalty on the violator, 
the economic benefit to the violator and other matters as justice may require.
    (e) Reward.--An amount equal to not more than one-half of any civil penalty 
assessed by the Secretary or Administrator under this section may, subject to 
the availability of appropriations, be paid by the Secretary or Administrator, 
respectively, to any person who provided information that led to the assessment 
or imposition of the penalty.
    (f) Referral to Attorney General.--If any person fails to pay a civil 
penalty assessed under this section after it has become final, or comply with an 
order issued under this title, the Secretary or Administrator, as appropriate, 
may refer the matter to the Attorney General of the United States for collection 
in any appropriate district court of the United States.
    (g) Compromise, Modification, or Remission.--Before referring any civil 
penalty that is subject to assessment or has been assessed under this section to 
the Attorney General, the Secretary, or Administrator, as appropriate, may 
compromise, modify, or remit, with or without conditions, the civil penalty.
    (h) Nonpayment Penalty.--Any person who fails to pay on a timely basis a 
civil penalty assessed under this section shall also be liable to the United 
States for interest on the penalty at an annual rate equal to 11 percent 
compounded quarterly, attorney fees and costs for collection proceedings, and a 
quarterly nonpayment penalty for each quarter during which such failure to pay 
persists. That nonpayment penalty shall be in an amount equal to 20 percent of 
the aggregate amount of that person's penalties and nonpayment penalties that 
are unpaid as of the beginning of that quarter.

SEC. 1043. LIABILITY IN REM.

    A vessel operated in violation of the Convention, this title, or any 
regulation prescribed under this title, is liable in rem for any fine imposed 
under section 18, United States Code, or civil penalty assessed pursuant to 
section 1042, and may be proceeded against in the United States district court 
of any district in which the vessel may be found.

SEC. 1044. VESSEL CLEARANCE OR PERMITS; REFUSAL OR REVOCATION; BOND OR OTHER 
              SURETY.

    If any vessel that is subject to the Convention or this title, or its owner, 
operator, or person in charge, is liable for a fine or civil penalty under 
section 1042 or 1043, or if reasonable cause exists to believe that the vessel, 
its owner, operator, or person in charge may be subject to a fine or civil 
penalty under section 1042 or 1043, the Secretary may refuse or revoke the 
clearance required by section 60105 of title 46, United States Code. Clearance 
may be granted upon the filing of a bond or other surety satisfaction to the 
Secretary.

SEC. 1045. WARNINGS, DETENTIONS, DISMISSALS, EXCLUSION.

    (a) In General.--If a vessel is detected to be in violation of the 
Convention, this title, or any regulation prescribed under this title, the 
Secretary may warn, detain, dismiss, or exclude the vessel from any port or 
offshore terminal under the jurisdiction of the United States.
    (b) Notifications.--If action is taken under subsection (a), the Secretary, 
in consultation with the Secretary of State, shall make the notifications 
required by the Convention.

SEC. 1046. REFERRALS FOR APPROPRIATE ACTION BY FOREIGN COUNTRY.

    Notwithstanding sections 1041, 1042, 1043, and 1045, if a violation of the 
Convention is committed by a vessel registered in or of the nationality of a 
country that is a party to the Convention, or by a vessel operated under the 
authority of a country that is a party to the Convention, the Secretary, acting 
in coordination with the Secretary of State, may refer the matter to the 
government of the country of the vessel's registry or nationality, or under 
whose authority the vessel is operating, for appropriate action, rather than 
taking the actions otherwise required or authorized by this subtitle.

SEC. 1047. REMEDIES NOT AFFECTED.

    (a) In General.--Nothing in this title limits, denies, amends, modifies, or 
repeals any other remedy available to the United States.
    (b) Relationship to State and Local Law.--Nothing in this title limits, 
denies, amends, modifies, or repeals any rights under existing law, of any 
State, territory, or possession of the United States, or any political 
subdivision thereof, to regulate any antifouling system. Compliance with the 
requirements of a State, territory, or possession of the United States, or 
political subdivision thereof related to antifouling paint or any other 
antifouling system does not relieve any person of the obligation to comply with 
this title.

SEC. 1048. REPEAL.

    The Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 2401 et seq.) 
is repealed.
            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.
```