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 there-
to, and to have concurred in the Senate amendment with the 
following amendments: 
In lieu of the matter proposed to be inserted by the 
amendment of the Senate to the text of the bill, insert the 
following: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Coast 
Guard Authorization Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—AUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
TITLE II—COAST GUARD 
Sec. 201. Appointment of civilian Coast Guard judges. 
Sec. 202. Industrial activities. 
Sec. 203. Reimbursement for medical-related travel expenses.
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Sec. 204. Commissioned officers. 
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
(AFRH) system. 
Sec. 206. Grants to international maritime organizations. 
Sec. 207. Leave retention authority. 
Sec. 208. Enforcement authority. 
Sec. 209. Repeal. 
Sec. 210. Merchant Mariner Medical Advisory Committee. 
Sec. 211. Reserve commissioned warrant officer to lieutenant program. 
Sec. 212. Enhanced status quo officer promotion system. 
Sec. 213. Coast Guard vessels and aircraft. 
Sec. 214. Coast Guard District Ombudsmen. 
Sec. 215. Coast Guard commissioned officers: compulsory retirement. 
Sec. 216. Enforcement of coastwise trade laws. 
Sec. 217. Report on sexual assaults in the Coast Guard. 
Sec. 218. Home port of Coast Guard vessels in Guam. 
Sec. 219. Supplemental positioning system. 
Sec. 220. Assistance to foreign governments and maritime authorities. 
Sec. 221. Coast guard housing. 
Sec. 222. Child development services. 
Sec. 223. Chaplain activity expense. 
Sec. 224. Coast Guard cross; silver star medal. 
TITLE III—SHIPPING AND NAVIGATION 
Sec. 301. Seaward extension of anchorage grounds jurisdiction. 
Sec. 302. Maritime Drug Law Enforcement Act amendment-simple possession. 
Sec. 303. Technical amendments to tonnage measurement law. 
Sec. 304. Merchant mariner document standards. 
Sec. 305. Ship emission reduction technology demonstration project. 
Sec. 306. Phaseout of vessels supporting oil and gas development. 
Sec. 307. Arctic marine shipping assessment implementation. 
TITLE IV—ACQUISITION REFORM 
Sec. 401. Chief Acquisition Officer. 
Sec. 402. Acquisitions. 
Sec. 403. National Security Cutters. 
Sec. 404. Acquisition workforce expedited hiring authority. 
TITLE V—COAST GUARD MODERNIZATION 
Sec. 501. Short title. 
Subtitle A—Coast Guard Leadership 
Sec. 511. Vice admirals. 
Subtitle B—Workforce Expertise 
Sec. 521. Prevention and response staff. 
Sec. 522. Marine safety mission priorities and long-term goals. 
Sec. 523. Powers and duties. 
Sec. 524. Appeals and waivers. 
Sec. 525. Coast Guard Academy. 
Sec. 526. Report regarding civilian marine inspectors. 
TITLE VI—MARINE SAFETY
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Sec. 601. Short title. 
Sec. 602. Vessel size limits. 
Sec. 603. Cold weather survival training. 
Sec. 604. Fishing vessel safety. 
Sec. 605. Mariner records. 
Sec. 606. Deletion of exemption of license requirement for operators of certain 
towing vessels. 
Sec. 607. Log books. 
Sec. 608. Safe operations and equipment standards. 
Sec. 609. Approval of survival craft. 
Sec. 610. Safety management. 
Sec. 611. Protection against discrimination. 
Sec. 612. Oil fuel tank protection. 
Sec. 613. Oaths. 
Sec. 614. Duration of licenses, certificates of registry, and merchant mariners’ 
documents. 
Sec. 615. Authorization to extend the duration of licenses, certificates of reg-
istry, and merchant mariners’ documents. 
Sec. 616. Merchant mariner assistance report. 
Sec. 617. Offshore supply vessels. 
Sec. 618. Associated equipment. 
Sec. 619. Lifesaving devices on uninspected vessels. 
Sec. 620. Study of blended fuels in marine application. 
Sec. 621. Renewal of advisory committees. 
Sec. 622. Delegation of authority. 
TITLE VII—OIL POLLUTION PREVENTION 
Sec. 701. Rulemakings. 
Sec. 702. Oil transfers from vessels. 
Sec. 703. Improvements to reduce human error and near miss incidents. 
Sec. 704. Olympic Coast National Marine Sanctuary. 
Sec. 705. Prevention of small oil spills. 
Sec. 706. Improved coordination with tribal governments. 
Sec. 707. Report on availability of technology to detect the loss of oil. 
Sec. 708. Use of oil spill liability trust fund. 
Sec. 709. International efforts on enforcement. 
Sec. 710. Higher volume port area regulatory definition change. 
Sec. 711. Tug escorts for laden oil tankers. 
Sec. 712. Extension of financial responsibility. 
Sec. 713. Liability for use of single-hull vessels. 
TITLE VIII—PORT SECURITY 
Sec. 801. America’s Waterway Watch Program. 
Sec. 802. Transportation Worker Identification Credential. 
Sec. 803. Interagency operational centers for port security. 
Sec. 804. Deployable, specialized forces. 
Sec. 805. Coast Guard detection canine team program expansion. 
Sec. 806. Coast Guard port assistance Program. 
Sec. 807. Maritime biometric identification. 
Sec. 808. Pilot Program for fingerprinting of maritime workers. 
Sec. 809. Transportation security cards on vessels. 
Sec. 810. Maritime Security Advisory Committees. 
Sec. 811. Seamen’s shoreside access. 
Sec. 812. Waterside security of especially hazardous cargo.
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Sec. 813. Review of liquefied natural gas facilities. 
Sec. 814. Use of secondary authentication for transportation security cards. 
Sec. 815. Assessment of transportation security card enrollment sites. 
Sec. 816. Assessment of the feasibility of efforts to mitigate the threat of small 
boat attack in major ports. 
Sec. 817. Report and recommendation for uniform security background checks. 
Sec. 818. Transportation security cards: access pending issuance; deadlines for 
processing; receipt. 
Sec. 819. Harmonizing security card expirations. 
Sec. 820. Clarification of rulemaking authority. 
Sec. 821. Port security training and certification. 
Sec. 822. Integration of security plans and systems with local port authorities, 
State harbor divisions, and law enforcement agencies. 
Sec. 823. Transportation security cards. 
Sec. 824. Pre-positioning interoperable communications equipment at inter-
agency 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, Michi-
gan, 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, Michi-
gan. 
Sec. 917. Maritime law enforcement. 
Sec. 918. Capital investment plan. 
Sec. 919. Reports. 
Sec. 920. Compliance provision. 
Sec. 921. Conveyance of Coast Guard property in Portland, Maine. 
TITLE X—CLEAN HULLS 
Subtitle A—General Provisions 
Sec. 1011. Definitions. 
Sec. 1012. Covered vessels.
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Sec. 1013. Administration and enforcement. 
Sec. 1014. Compliance with international law. 
Sec. 1015. Utilization of personnel, facilities or equipment of other Federal de-
partments 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 sur-
ety. 
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 author-
ized to be derived from the Oil Spill Liability Trust 
Fund to carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)). 
(2) For the acquisition, construction, rebuilding, 
and improvement of aids to navigation, shore and off-
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shore facilities, vessels, and aircraft, including equipment 
related thereto, $1,640,000,000, of which— 
(A) $20,000,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes 
of section 1012(a)(5) of the Oil Pollution Act of 
1990, to remain available until expended; 
(B) $1,233,502,000 is authorized for the Inte-
grated Deepwater System Program; and 
(C) $100,000,000 is authorized for shore facili-
ties and aids to navigation. 
(3) To the Commandant of the Coast Guard for re-
search, development, test, and evaluation of technologies, 
materials, and human factors directly relating to improv-
ing the performance of the Coast Guard’s mission in 
search and rescue, aids to navigation, marine safety, ma-
rine environmental protection, enforcement of laws and 
treaties, ice operations, oceanographic research, and de-
fense 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 obli-
gations otherwise chargeable to lapsed appropriations for 
this purpose), payments under the Retired Serviceman’s 
Family Protection and Survivor Benefit Plans, and pay-
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ments for medical care of retired personnel and their de-
pendents under chapter 55 of title 10, United States 
Code, $1,400,700,000, to remain available until ex-
pended. 
(5) For alteration or removal of bridges over navi-
gable waters of the United States constituting obstruc-
tions 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 equip-
ment associated with operation and maintenance), 
$13,329,000, to remain available until expended. 
(7) For the Coast Guard Reserve program, includ-
ing personnel and training costs, equipment, and serv-
ices, $135,675,000. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
TRAINING. 
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is au-
thorized an end-of-year strength for active duty personnel of 
47,000 for the fiscal year ending on September 30, 2011. 
(b) MILITARY TRAINING STUDENT LOADS.—For fiscal 
year 2011, the Coast Guard is authorized average military 
training student loads as follows:
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(1) For recruit and special training, 2,500 student 
years. 
(2) For flight training, 165 student years. 
(3) For professional training in military and civilian 
institutions, 350 student years. 
(4) For officer acquisition, 1,200 student years. 
TITLE II—COAST GUARD 
SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES. 
(a) IN GENERAL.—Chapter 7 of title 14, United States 
Code, is amended by adding at the end the following: 
‘‘§ 153. Appointment of judges 
‘‘The Secretary may appoint civilian employees of the 
department in which the Coast Guard is operating as appel-
late 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 amend-
ed— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘All 
orders’’; and 
(2) by adding at the end the following:
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‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL AC-
TIVITIES.—Under this section, the Coast Guard industrial ac-
tivities may accept orders from and enter into reimbursable 
agreements with establishments, agencies, and departments 
of the Department of Defense and the Department of Home-
land Security.’’. 
SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL 
EXPENSES. 
(a) IN GENERAL.—Chapter 13 of title 14, United States 
Code, is amended by adding at the end the following: 
‘‘§ 518. Reimbursement for medical-related travel ex-
penses for certain persons residing on is-
lands 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 lo-
cated in the 48 contiguous States and the District of Colum-
bia 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 re-
imburse the reasonable travel expenses of the covered bene-
ficiary and, when accompaniment by an adult is necessary, 
for a parent or guardian of the covered beneficiary or another
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member of the covered beneficiary’s family who is at least 21 
years of age.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘518. Reimbursement for medical-related travel expenses for certain persons re-
siding on islands in the continental United States.’’. 
SEC. 204. COMMISSIONED OFFICERS. 
(a) ACTIVE DUTY PROMOTION LIST.—Section 42 of title 
14, United States Code, is amended to read as follows: 
‘‘§ 42. Number and distribution of commissioned officers 
on active duty promotion list 
‘‘(a) MAXIMUM TOTAL NUMBER.—The total number of 
Coast Guard commissioned officers on the active duty pro-
motion 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 commis-
sioned officers authorized by this section shall be distrib-
uted 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 com-
mander; and 22.0 percent for lieutenant commander.
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‘‘(2) DISCRETIONARY.—The Secretary shall pre-
scribe the percentages applicable to the grades of lieu-
tenant, lieutenant (junior grade), and ensign. 
‘‘(3) AUTHORITY OF SECRETARY TO REDUCE PER-
CENTAGE.—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 reduc-
tion 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 commis-
sioned officers authorized to serve in each grade by ap-
plying the grade distribution percentages established by 
or under this section to the total number of commis-
sioned officers listed on the current active duty pro-
motion list. 
‘‘(2) ROUNDING FRACTIONS.—Subject to subsection 
(a), in making the computations under paragraph (1), 
any fraction shall be rounded to the nearest whole num-
ber. 
‘‘(3) TREATMENT OF OFFICERS SERVING OUTSIDE 
COAST GUARD.—The number of commissioned officers
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on the active duty promotion list below the rank of rear 
admiral (lower half) serving with other Federal depart-
ments 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 au-
thorized 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 tem-
porarily 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 Re-
serve 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 sec-
tion 42 and inserting the following:
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‘‘42. Number and distribution of commissioned officers on active duty promotion 
list.’’. 
SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED 
FORCES RETIREMENT HOME (AFRH) SYSTEM. 
(a) IN GENERAL.—Section 1502 of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 401) is amended— 
(1) by striking paragraph (4); 
(2) in paragraph (5)— 
(A) by striking ‘‘and’’ at the end of subpara-
graph (C); 
(B) by striking the period at the end of sub-
paragraph (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 fol-
lowing: 
‘‘(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 ‘‘con-
cerned’’; and 
(B) by striking subsection (c).
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(2) Section 1007(i) of title 37, United States Code, is 
amended— 
(A) in paragraph (3) by inserting ‘‘or, in the case 
of the Coast Guard, the Commandant’’ after ‘‘Secretary 
of Defense’’; 
(B) by striking paragraph (4); and 
(C) by redesignating paragraph (5) as paragraph 
(4). 
SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZA-
TIONS. 
Section 149 of title 14, United States Code, is amended 
by adding at the end the following: 
‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGANIZA-
TIONS.—After consultation with the Secretary of State, the 
Commandant may make grants to, or enter into cooperative 
agreements, contracts, or other agreements with, inter-
national maritime organizations for the purpose of acquiring 
information or data about merchant vessel inspections, secu-
rity, safety, environmental protection, classification, and port 
state or flag state law enforcement or oversight.’’. 
SEC. 207. LEAVE RETENTION AUTHORITY. 
(a) IN GENERAL.—Chapter 11 of title 14, United States 
Code, is amended by inserting after section 425 the following:
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‘‘§ 426. Emergency leave retention authority 
‘‘(a) IN GENERAL.—A duty assignment for an active 
duty member of the Coast Guard in support of a declaration 
of a major disaster or emergency by the President under the 
Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.) or in response to a spill of na-
tional 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 Com-
mandant to be a spill of national significance. 
‘‘(2) DISCHARGE.—The term ‘discharge’ has the 
meaning given that term in section 1001 of the Oil Pol-
lution 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 sec-
tion shall be deemed to have been enacted on April 19, 2010. 
SEC. 208. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.—Chapter 5 of title 14, United States 
Code, is amended by adding at the end the following:
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‘‘§ 99. Enforcement authority 
‘‘Subject to guidelines approved by the Secretary, mem-
bers of the Coast Guard, in the performance of official duties, 
may— 
‘‘(1) carry a firearm; and 
‘‘(2) while at a facility (as defined in section 70101 
of title 46)— 
‘‘(A) make an arrest without warrant for any 
offense against the United States committed in 
their presence; and 
‘‘(B) seize property as otherwise provided by 
law.’’. 
(b) CONFORMING REPEAL.—Section 70117 of title 46, 
United States Code, and the item relating to such section in 
the analysis at the beginning of chapter 701 of such title, are 
repealed. 
(c) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘99. Enforcement authority.’’. 
SEC. 209. REPEAL. 
Section 216 of title 14, United States Code, and the 
item relating to such section in the analysis for chapter 11 
of such title, are repealed.
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SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COM-
MITTEE. 
(a) IN GENERAL.—Chapter 71 of title 46, United States 
Code, is amended by adding at the end the following new sec-
tion: 
‘‘§ 7115. Merchant Mariner Medical Advisory Committee 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—There is established a Mer-
chant Mariner Medical Advisory Committee (in this sec-
tion referred to as the ‘Committee’). 
‘‘(2) FUNCTIONS.—The Committee shall advise the 
Secretary on matters relating to— 
‘‘(A) medical certification determinations for 
issuance of licences, certificates of registry, and 
merchant mariners’ documents; 
‘‘(B) medical standards and guidelines for the 
physical qualifications of operators of commercial 
vessels; 
‘‘(C) medical examiner education; and 
‘‘(D) medical research. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall consist of 
14 members, none of whom is a Federal employee, and 
shall include— 
‘‘(A) ten who are health-care professionals with 
particular expertise, knowledge, or experience re-
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garding the medical examinations of merchant 
mariners or occupational medicine; and 
‘‘(B) four who are professional mariners with 
knowledge and experience in mariner occupational 
requirements. 
‘‘(2) STATUS OF MEMBERS.—Members of the Com-
mittee shall not be considered Federal employees or oth-
erwise 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 sub-
ject to any administrative standards of conduct applica-
ble to the employees of the department in which the 
Coast Guard is operating. 
‘‘(c) APPOINTMENTS; TERMS; VACANCIES.— 
‘‘(1) APPOINTMENTS.—The Secretary shall appoint 
the members of the Committee, and each member shall 
serve at the pleasure of the Secretary. 
‘‘(2) TERMS.—Each member shall be appointed for 
a term of five years, except that, of the members first 
appointed, three members shall be appointed for a term 
of two years. 
‘‘(3) VACANCIES.—Any member appointed to fill 
the vacancy prior to the expiration of the term for which
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that member’s predecessor was appointed shall be ap-
pointed for the remainder of that term. 
‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The Secretary 
shall designate one member of the Committee as the Chair-
man and one member as the Vice Chairman. The Vice Chair-
man 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 mem-
ber of the Committee may be allowed travel expenses, includ-
ing 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 fol-
lowing: 
‘‘7115. Merchant Mariner Medical Advisory Committee.’’.
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SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO 
LIEUTENANT PROGRAM. 
Section 214(a) of title 14, United States Code, is 
amended to read as follows: 
‘‘(a) The president may appoint temporary commissioned 
officers— 
‘‘(1) in the Regular Coast Guard in a grade, not 
above lieutenant, appropriate to their qualifications, ex-
perience, and length of service, as the needs of the Coast 
Guard may require, from among the commissioned war-
rant 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, ex-
perience, and length of service, as the needs of the Coast 
Guard may require, from among the commissioned war-
rant officers of the Coast Guard Reserve.’’. 
SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYS-
TEM. 
Chapter 11 of title 14, United States Code, is amend-
ed— 
(1) in section 253(a)— 
(A) by inserting ‘‘and’’ after ‘‘considered,’’; 
and
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(B) by striking ‘‘, and the number of officers 
the board may recommend for promotion’’; 
(2) in section 258— 
(A) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘The Secretary shall’’ ; 
(B) in subsection (a) (as so designated) by 
striking the colon at the end of the material pre-
ceding 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 pursu-
ant to subsection (a), the Secretary may furnish the se-
lection 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 be-
lieves may be necessary to enable the board to prop-
erly perform its functions. 
‘‘(2) Selections made based on the direction and 
guidance provided under this subsection shall not exceed 
the maximum percentage of officers who may be selected 
from below the announced promotion zone at any given
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selection board convened under section 251 of this 
title.’’; 
(3) in section 259(a), by inserting after ‘‘whom the 
board’’ the following: ‘‘, giving due consideration to the 
needs of the Coast Guard for officers with particular 
skills so noted in specific direction furnished to the 
board by the Secretary under section 258 of this title,’’; 
and 
(4) in section 260(b), by inserting after ‘‘qualified 
for promotion’’ the following: ‘‘to meet the needs of the 
service (as noted in specific direction furnished the board 
by the Secretary under section 258 of this title)’’. 
SEC. 213. COAST GUARD VESSELS AND AIRCRAFT. 
(a) AUTHORITY TO FIRE AT OR INTO A VESSEL.—Sec-
tion 637(c) of title 14, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘; or’’ and insert-
ing a semicolon; 
(2) in paragraph (2), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) any other vessel or aircraft on government 
noncommercial service when— 
‘‘(A) the vessel or aircraft is under the tactical 
control of the Coast Guard; and
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‘‘(B) at least one member of the Coast Guard 
is assigned and conducting a Coast Guard mission 
on the vessel or aircraft.’’. 
(b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS 
AND PENNANTS.—Section 638(a) of title 14, United States 
Code, is amended by striking ‘‘Coast Guard vessels and air-
craft’’ 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 sec-
tion: 
‘‘§ 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 Ombuds-
man shall be the following: 
‘‘(1) To support the operations of the Coast Guard 
in each port in the District for which the District Om-
budsman is appointed. 
‘‘(2) To improve communications between and 
among port stakeholders including, port and terminal
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operators, ship owners, labor representatives, and the 
Coast Guard. 
‘‘(3) To seek to resolve disputes between the Coast 
Guard and all petitioners regarding requirements im-
posed or services provided by the Coast Guard. 
‘‘(c) FUNCTIONS.— 
‘‘(1) COMPLAINTS.—The District Ombudsman may 
examine complaints brought to the attention of the Dis-
trict 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 dis-
putes with respect to which the District Ombuds-
man will provide assistance. 
‘‘(B) LIMITATION.—The District Ombudsman 
shall not provide assistance with respect to a dis-
pute unless it involves the impact of Coast Guard 
requirements on port business and the flow of com-
merce. 
‘‘(C) PRIORITY.—In providing such assistance, 
the District Ombudsman shall give priority to com-
plaints brought by petitioners who believe they will 
suffer a significant hardship as the result of imple-
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menting a Coast Guard requirement or being denied 
a Coast Guard service. 
‘‘(3) CONSULTATION.—The District Ombudsman 
may consult with any Coast Guard personnel who can 
aid in the investigation of a complaint. 
‘‘(4) ACCESS TO INFORMATION.—The District Om-
budsman shall have access to any Coast Guard docu-
ment, including any record or report, that will aid the 
District Ombudsman in obtaining the information need-
ed to conduct an investigation of a complaint. 
‘‘(5) REPORTS.—At the conclusion of an investiga-
tion, the District Ombudsman shall submit a report on 
the findings and recommendations of the District Om-
budsman, to the Commander of the District in which the 
petitioner who brought the complaint is located or oper-
ating. 
‘‘(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 com-
plaint is officially accepted by the District Ombuds-
man. 
‘‘(d) APPOINTMENT.—The Commandant shall appoint as 
the District Ombudsman an individual who has experience in
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port and transportation systems and knowledge of port oper-
ations or of maritime commerce (or both). 
‘‘(e) ANNUAL REPORTS.—The Secretary shall report an-
nually to the Committee on Transportation and Infrastruc-
ture 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 begin-
ning of that chapter is amended by adding at the end the fol-
lowing new item: 
‘‘55. District Ombudsmen.’’. 
SEC. 215. COAST GUARD COMMISSIONED OFFICERS: COMPUL-
SORY RETIREMENT. 
(a) IN GENERAL.—Chapter 11 of title 14, United States 
Code, is amended by striking section 293 and inserting the 
following: 
‘‘§ 293. Compulsory retirement 
‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any regular 
commissioned officer, except a commissioned warrant officer, 
serving in a grade below rear admiral (lower half) shall be 
retired on the first day of the month following the month in 
which the officer becomes 62 years of age.
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‘‘(1) The conveyance of real property under this 
section shall be by sale, for cash. The Secretary shall de-
posit 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 ac-
quire 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 hous-
ing 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, Com-
pensation, 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 unac-
companied’’ and inserting ‘‘or military unac-
companied’’; 
(ii) in paragraph (3)— 
(I) by striking ‘‘or lease’’;
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(II) by striking ‘‘or facilities’’; and 
(III) by striking ‘‘military family 
and’’ and inserting ‘‘military family hous-
ing 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 activi-
ties under this chapter with respect to military fam-
ily housing and military unaccompanied housing, in-
cluding— 
‘‘(A) the planning, execution, and administra-
tion 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:
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‘‘§ 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 agree-
ments for the conveyance of properties pursuant to this chap-
ter 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 amend-
ed— 
(1) by striking subsection (b) and inserting the fol-
lowing: 
‘‘(b)(1) The Commandant is authorized to use appro-
priated funds available to the Coast Guard to provide child 
development services.
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‘‘(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 Com-
mandant 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 ex-
pend fees, established pursuant to this subparagraph, and 
such fees shall, without further appropriation, remain avail-
able until expended for the purpose of providing services, in-
cluding the compensation of employees and the purchase of 
consumable and disposable items, at Coast Guard child devel-
opment 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 develop-
ment centers.’’; 
(2) by repealing subsections (d) and (e); and 
(3) by redesignating subsections (f) and (g) as sub-
sections (d) and (e), respectively.
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SEC. 223. CHAPLAIN ACTIVITY EXPENSE. 
Section 145 of title 14, United States Code, is amend-
ed— 
(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 sub-
section: 
‘‘(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 de-
pendents, 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’ in-
clude 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
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component in an active status and their dependents, while 
participating in programs referred to in paragraph (1), in-
cluding participation at retreats and conferences. 
‘‘(3) In this subsection, the term ‘dependents’ has the 
same meaning as defined in section 1072(2) of title 10.’’. 
SEC. 224. COAST GUARD CROSS; SILVER STAR MEDAL. 
(a) COAST GUARD CROSS.—Chapter 13 of title 14, 
United States Code, is amended by inserting after section 
491 the following new section: 
‘‘§ 491a. Coast Guard cross 
‘‘The President may award a Coast Guard cross of ap-
propriate 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 Depart-
ment of the Navy, distinguishes himself or herself by extraor-
dinary 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 en-
gaged in an armed conflict against an opposing armed
•HRES 1665 EH 
force in which the United States is not a belligerent 
party.’’. 
(b) SILVER STAR MEDAL.—Such chapter is further 
amended— 
(1) by striking the designation and heading of sec-
tion 492a and inserting the following: 
‘‘§ 492b. Distinguished flying cross’’; 
and 
(2) by inserting after section 492 the following new 
section: 
‘‘§ 492a. Silver star medal 
‘‘The President may award a silver star medal of appro-
priate 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 Depart-
ment 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 en-
gaged in an armed conflict against an opposing armed
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force in which the United States is not a belligerent 
party.’’. 
(c) CONFORMING AMENDMENTS.—Such chapter is fur-
ther amended— 
(1) in section 494, by striking ‘‘distinguished serv-
ice 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 ‘‘distin-
guished 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 serv-
ice medal, distinguished flying cross,’’ and inserting 
‘‘Coast Guard cross, distinguished service medal, silver 
star medal, distinguished flying cross,’’.
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(d) CLERICAL AMENDMENTS.—The analysis at the be-
ginning 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 JU-
RISDICTION. 
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 fol-
lowing: 
‘‘(a) IN GENERAL.—The’’. 
(2) in subsection (a) (as designated by paragraph 
(1)) by striking ‘‘$100; and the’’ and inserting ‘‘up to 
$10,000. Each day during which a violation continues 
shall constitute a separate violation. The’’; and 
(3) by adding at the end the following: 
‘‘(b) DEFINITION.—As used in this section ‘navigable 
waters of the United States’ includes all waters of the terri-
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torial sea of the United States as described in Presidential 
Proclamation No. 5928 of December 27, 1988.’’. 
SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT AMEND-
MENT-SIMPLE POSSESSION. 
Section 70506 of title 46, United States Code, is amend-
ed by adding at the end the following: 
‘‘(c) SIMPLE POSSESSION.— 
‘‘(1) IN GENERAL.—Any individual on a vessel sub-
ject 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 Con-
trolled 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 deter-
mining 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 of-
fenses, ability to pay, and other matters that justice re-
quires. 
‘‘(3) TREATMENT
OF
CIVIL
PENALTY
ASSESS-
MENT.—Assessment of a civil penalty under this sub-
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section shall not be considered a conviction for purposes 
of State or Federal law but may be considered proof of 
possession if such a determination is relevant.’’. 
SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASURE-
MENT 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 en-
gaged 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 amend-
ed—
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(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 ves-
sel operated under the authority of the United 
States or Canada, and that is’’ after ‘‘vessel’’; 
(C) in paragraph (4), by striking ‘‘a vessel (ex-
cept a vessel engaged’’ and inserting ‘‘a vessel of 
United States registry or nationality, or one oper-
ated under the authority of the United States (ex-
cept a vessel that engages’’; 
(D) by striking paragraph (5); 
(E) by redesignating paragraph (6) as para-
graph (5); and 
(F) by amending paragraph (5), as so redesig-
nated, to read as follows:
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‘‘(5) a barge of United States registry or nation-
ality, 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 sub-
sections (c) and (d), respectively; and 
(5) in subsection (c), as redesignated, by striking 
‘‘After July 18, 1994, an existing vessel (except an exist-
ing 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 sub-
stantially 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
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does not apply, the Secretary shall prescribe a cer-
tificate to be issued as evidence of a vessel’s meas-
urement under this chapter.’’; 
(B) in subsection (b), by inserting ‘‘issued 
under this section’’ after ‘‘certificate’’; and 
(C) in the section heading by striking ‘‘Inter-
national’’ and ‘‘(1969)’’. 
(2) MAINTENANCE.—Section 14503 of that title is 
amended— 
(A) by designating the existing text as sub-
section (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,’’.
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(g) APPLICATION.—Section 14501 of that title is amend-
ed— 
(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 in-
serting ‘‘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 in-
serting ‘‘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:
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‘‘§ 14514. Reciprocity for foreign vessels 
‘‘For a foreign vessel not measured under chapter 143, 
if the Secretary finds that the laws and regulations of a for-
eign country related to measurement of vessels are substan-
tially similar to those of this chapter and the regulations pre-
scribed under this chapter, the Secretary may accept the 
measurement and certificate of a vessel of that foreign coun-
try as complying with this chapter and the regulations pre-
scribed under this chapter.’’. 
(j) CLERICAL
AMENDMENT.—The analysis for sub-
chapter 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 Trans-
portation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation 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 mer-
chant mariner document can be completed entirely by 
mail; and
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(2) a report on the feasibility of, and a timeline to, 
redesign the merchant mariner document to comply with 
the requirements of such section, including a biometric 
identifier, and all relevant international conventions, in-
cluding the International Labour Organization Conven-
tion Number 185 concerning the seafarers identity docu-
ment, and include a review on whether or not such rede-
sign will eliminate the need for separate identity creden-
tials and background screening and streamline the appli-
cation process for mariners. 
SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEM-
ONSTRATION 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 applica-
tions 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 enact-
ment of this Act, the Commandant shall submit a report on 
the results of the study conducted under subsection (a) to the
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Committee on Transportation and Infrastructure and the 
Committee on Energy and Commerce of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Environment and Pub-
lic 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 char-
tered by, or on behalf of, a lessee to be employed for the set-
ting, 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 en-
ergy resources in the Beaufort Sea or the Chukchi Sea adja-
cent 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 Fed-
eral Register, that insufficient vessels documented under 
section 12111(d) of title 46, United States Code, are 
reasonably available and suitable for these support oper-
•HRES 1665 EH 
ations and all such reasonably available and suitable ves-
sels are employed in support of such operations; and 
(2) for an additional period until such vessels are 
available if the Secretary of Transportation deter-
mines— 
(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 Reg-
ister, that insufficient vessels documented under 
section 12111(d) of title 46, United States Code, 
are reasonably available and suitable for these sup-
port 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, for-
eign-flag anchor handling vessels may not be employed for 
the setting, relocation, or recovery of anchors or other moor-
•HRES 1665 EH 
ing equipment of a mobile offshore drilling unit after Decem-
ber 31, 2017. 
(c) LESSEE DEFINED.—In this section, the term ‘‘les-
see’’ 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 coast-
wise trade of a vessel that does not meet the requirements 
of 12111 of title 46, United States Code. 
SEC. 307. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMEN-
TATION. 
(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 AGREE-
MENTS.—To carry out the purpose of this section, the Sec-
retary of the department in which the Coast Guard is oper-
ating is encouraged to enter into negotiations through the 
International Maritime Organization to conclude and execute 
agreements to promote coordinated action among the United
•HRES 1665 EH 
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 naviga-
tion; 
(2) appropriate marine safety, tug, and salvage ca-
pabilities; 
(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 Mari-
time Transportation System established under a directive of 
the President in the Ocean Action Plan, issued December 17, 
2004, shall coordinate the establishment of domestic trans-
portation 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 cooper-
ative agreements, contracts, or other agreements with, or 
make grants to individuals and governments to carry out the 
purpose of this section or any agreements established under 
subsection (b).
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(e) ICEBREAKING.—The Secretary of the department in 
which the Coast Guard is operating shall promote safe mari-
time navigation by means of icebreaking where necessary, 
feasible, and effective to carry out the purposes of this sec-
tion. 
(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 de-
partment in which the Coast Guard is operating shall re-
quire a nongovernmental, independent third party (other 
than the National Academy of Sciences) that has exten-
sive experience in the analysis of military procurements, 
to— 
(A) conduct a comparative cost-benefit anal-
ysis, taking into account future Coast Guard budget 
projections (which assume Coast Guard budget 
growth of no more than inflation) and other recapi-
talization needs, of— 
(i) rebuilding, renovating, or improving 
the existing fleet of polar icebreakers for oper-
ation by the Coast Guard; 
(ii) constructing new polar icebreakers for 
operation by the Coast Guard;
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(iii) construction of new polar icebreakers 
by the National Science Foundation for oper-
ation 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 de-
scribed 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 oper-
ations, 
maintenance, 
procurements, 
and 
end 
strength, of the acquisition of polar icebreakers de-
scribed 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 depart-
ment 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
•HRES 1665 EH 
93(a)(24) of title 14, United States Code, to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure 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 comple-
tion of the ongoing High-Latitude Study to assess polar 
icebreaking mission requirements for all Coast Guard mis-
sions including search and rescue, marine pollution response 
and prevention, fisheries enforcement, and maritime com-
merce, whichever occurs later, the Commandant of the Coast 
Guard shall submit a report containing the results of the 
study, together with recommendations the Commandant con-
siders 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 Trans-
portation and Infrastructure of the House of Representatives. 
(h) ARCTIC DEFINITION.—In this section the term ‘‘Arc-
tic’’ has the same meaning as in section 112 of the Arctic 
Research and Policy Act of 1984 (15 U.S.C. 4111). 
TITLE IV—ACQUISITION REFORM 
SEC. 401. CHIEF ACQUISITION OFFICER. 
(a) IN GENERAL.—Chapter 3 of title 14, United States 
Code, is further amended by adding at the end the following:
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‘‘§ 56. Chief Acquisition Officer 
‘‘(a) IN GENERAL.—There shall be in the Coast Guard 
a Chief Acquisition Officer selected by the Commandant who 
shall be a Rear Admiral or civilian from the Senior Executive 
Service (career reserved) and who meets the qualifications set 
forth under subsection (b). The Chief Acquisition Officer 
shall serve at the Assistant Commandant level and have ac-
quisition management as that individual’s primary duty. 
‘‘(b) QUALIFICATIONS.— 
‘‘(1) The Chief Acquisition Officer and any flag of-
ficer serving in the Acquisition Directorate shall be an 
acquisition professional with a Level III acquisition man-
agement 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 signifi-
cant responsibility in which the primary duties are 
supervisory or management duties.
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‘‘(2) The Commandant shall periodically publish a 
list of the positions designated under paragraph (1). 
‘‘(3) In this subsection each of the terms ‘Level 1 
acquisition’ and ‘Level 2 acquisition’ has the meaning 
that term has in chapter 15 of this title. 
‘‘(c) FUNCTIONS
OF
THE CHIEF ACQUISITION OFFI-
CER.—The functions of the Chief Acquisition Officer in-
clude— 
‘‘(1) monitoring the performance of acquisition 
projects and programs on the basis of applicable per-
formance measurements and advising the Commandant, 
through the chain of command, regarding the appro-
priate business strategy to achieve the missions of the 
Coast Guard; 
‘‘(2) maximizing the use of full and open competi-
tion 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 pro-
posals from responsible sources to fulfill the Govern-
ment’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;
•HRES 1665 EH 
‘‘(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 es-
tablishing procedures within the Coast Guard; 
‘‘(4) ensuring the use of detailed performance speci-
fications in instances in which performance-based con-
tracting 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 ca-
reer 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 man-
agement; 
‘‘(8) developing strategies and specific plans for hir-
ing, training, and professional development; and
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‘‘(9) reporting to the Commandant, through the 
chain of command, on the progress made in improving 
acquisition management capability.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
chapter 3 of title 14, United States Code, is amended by add-
ing 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 Fed-
eral 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 require-
ment under paragraph (1) is subject to the availability 
of appropriations. 
(e) ELEVATION OF DISPUTES TO THE CHIEF ACQUISI-
TION OFFICER.—If, after 90 days following the elevation to 
the Chief Acquisition Officer of any design or other dispute
•HRES 1665 EH 
regarding Level 1 or Level 2 acquisition, the dispute remains 
unresolved, the Commandant shall provide to the appropriate 
congressional committees a detailed description of the issue 
and the rationale underlying the decision taken by the Chief 
Acquisition Officer to resolve the issue. 
SEC. 402. ACQUISITIONS. 
(a) IN GENERAL.—Part I of title 14, United States 
Code, is amended by inserting after chapter 13 the following: 
‘‘CHAPTER 15—ACQUISITIONS 
‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘Sec. 
‘‘561. Acquisition directorate. 
‘‘562. Improvements in Coast Guard acquisition management. 
‘‘563. Recognition of Coast Guard personnel for excellence in acquisition. 
‘‘564. Prohibition on use of lead systems integrators. 
‘‘565. Required contract terms. 
‘‘566. Department of Defense consultation. 
‘‘567. Undefinitized contractual actions. 
‘‘568. Guidance on excessive pass-through charges. 
‘‘569. Report on former Coast Guard officials employed by contractors to the 
agency. 
‘‘SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND PROCEDURES 
‘‘Sec. 
‘‘571. Identification of major system acquisitions. 
‘‘572. Acquisition. 
‘‘573. Preliminary development and demonstration. 
‘‘574. Acquisition, production, deployment, and support. 
‘‘575. Acquisition program baseline breach. 
‘‘576. Acquisition approval authority. 
‘‘SUBCHAPTER III—DEFINITIONS 
‘‘581. Definitions. 
‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘§ 561. Acquisition directorate 
‘‘(a) ESTABLISHMENT.—The Commandant of the Coast 
Guard shall establish an acquisition directorate to provide
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guidance and oversight for the implementation and manage-
ment of all Coast Guard acquisition processes, programs, and 
projects. 
‘‘(b) MISSION.—The mission of the acquisition direc-
torate is— 
‘‘(1) to acquire and deliver assets and systems that 
increase operational readiness, enhance mission perform-
ance, and create a safe working environment; and 
‘‘(2) to assist in the development of a workforce 
that is trained and qualified to further the Coast 
Guard’s missions and deliver the best-value products and 
services to the Nation. 
‘‘§ 562. Improvements in Coast Guard acquisition man-
agement 
‘‘(a) PROJECT OR PROGRAM MANAGERS.— 
‘‘(1) LEVEL 1 PROJECTS.—An individual may not 
be assigned as the project or program manager for a 
Level 1 acquisition unless the individual holds a Level 
III acquisition certification as a program manager. 
‘‘(2) LEVEL 2 PROJECTS.—An individual may not 
be assigned as the project or program manager for a 
Level 2 acquisition unless the individual holds a Level II 
acquisition certification as a program manager. 
‘‘(b) GUIDANCE ON TENURE AND ACCOUNTABILITY OF 
PROGRAM AND PROJECT MANAGERS.—
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tractor for any acquisition may have a financial interest in 
a subcontractor below the Tier 1 subcontractor level unless— 
‘‘(1) the subcontractor was selected by the prime 
contractor through full and open competition for such 
procurement; 
‘‘(2) the procurement was awarded by the lead sys-
tems integrator or a subcontractor through full and open 
competition; 
‘‘(3) the procurement was awarded by a subcon-
tractor through a process over which the lead systems 
integrator and a Tier 1 subcontractor exercised no con-
trol; or 
‘‘(4) the Commandant has determined that the pro-
curement was awarded in a manner consistent with Fed-
eral 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 acqui-
sition 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
•HRES 1665 EH 
‘‘(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 require-
ment, 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 Off-
shore 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 enact-
ment of the Coast Guard Authorization Act of 2010 does 
not include any provision allowing for equitable adjust-