162 
‘‘(B) on the program’s mission perform-
ance 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 sec-
tion 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. 724. POWERS AND DUTIES. 
Section 93 of title 14, United States Code, is amend-
ed by adding at the end the following new subsections: 
‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exer-
cising 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)(4) shall serve as the principal advisor to the 
Commandant regarding— 
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‘‘(1) the operation, regulation, inspection, iden-
tification, manning, and measurement of vessels, in-
cluding plan approval and the application of load 
lines; 
‘‘(2) approval of materials, equipment, appli-
ances, 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, citi-
zenship 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 regula-
tion for regattas and marine parades; 
‘‘(15) aids to navigation; and 
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‘‘(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 sec-
tions 191 through 195 of title 50 on the date of en-
actment of this paragraph.’’. 
SEC. 725. APPEALS AND WAIVERS. 
(a) IN GENERAL.—Chapter 5 of title 14, United 
States Code, is further amended by inserting at the end 
the following new section: 
‘‘§ 102. Appeals and waivers 
‘‘Except for the Commandant of the Coast Guard, 
any individual adjudicating an appeal or waiver of a deci-
sion regarding marine safety, including inspection or man-
ning and threats to the environment, shall— 
‘‘(1) be a qualified specialist with the training, 
experience, and qualifications in marine safety to ef-
fectively judge the facts and circumstances involved 
in the appeal and make a judgment regarding the 
merits of the appeal; or 
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‘‘(2) have a senior staff member who— 
‘‘(A) meets the requirements of paragraph 
(1); 
‘‘(B) actively advises the individual adjudi-
cating 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 fol-
lowing new item: 
‘‘102. Appeals and waivers.’’. 
SEC. 726. COAST GUARD ACADEMY. 
(a) IN GENERAL.—Chapter 9 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 199. 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 under-
standing 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.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing new item: 
‘‘199. Marine safety curriculum.’’. 
SEC. 727. REPORT REGARDING CIVILIAN MARINE INSPEC-
TORS. 
Not later than one year after the date of enactment 
of this Act, the Commandant of the Coast Guard shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee 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 VIII—MARINE SAFETY 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Maritime Safety Act 
of 2009’’. 
SEC. 802. VESSEL SIZE LIMITS. 
(a) LENGTH, TONNAGE, AND HORSEPOWER.—Sec-
tion 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); 
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(2) by striking ‘‘and’’ at the end of subpara-
graph (A)(ii); 
(3) by striking subparagraph (A)(iii); 
(4) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; 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.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 
VESSEL
REBUILDING
AND
REPLACE-
MENT.—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.—Notwith-
standing any limitation to the contrary on re-
placing, rebuilding, or lengthening vessels or 
transferring permits or licenses to a replace-
ment vessel contained in sections 679.2 and 
679.4 of title 50, Code of Federal Regulations, 
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as in effect on the date of enactment of the 
Maritime Safety Act of 2009 and except as pro-
vided in paragraph (4), the owner of a vessel el-
igible under subsection (a), (b), (c), (d), or (e) 
(other than paragraph (21)), in order to im-
prove vessel safety and operational efficiencies 
(including fuel efficiency), may rebuild or re-
place 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 restric-
tions and limitations under such subsection as 
the vessel being rebuilt or replaced. 
‘‘(C) TRANSFER
OF
PERMITS
AND
LI-
CENSES.—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. 
‘‘(2) RECOMMENDATIONS
OF
NORTH
PACIFIC 
FISHERY MANAGEMENT COUNCIL.—The North Pa-
cific Fishery Management Council may recommend 
for approval by the Secretary such conservation and 
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169 
management measures, including size limits and 
measures to control fishing capacity, in accordance 
with the Magnuson-Stevens Act as it considers nec-
essary to ensure that this subsection does not dimin-
ish 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 sub-
section (a), (b), (c), (d), or (e) (other than 
paragraph (21)) and that qualifies to be docu-
mented with a fishery endorsement pursuant to 
section 203(g) or 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 
203(g) or 213(g) before the replacement vessel 
is documented with a fishery endorsement 
under section 12113 of title 46, United States 
Code. 
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‘‘(B) APPLICABILITY.—A replacement ves-
sel under subparagraph (A) and its owner and 
mortgagee are subject to the same limitations 
under section 203(g) or 213(g) that are appli-
cable 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 Pa-
cific Fishery Management Council) established 
under section 302(a) of the Magnuson-Stevens 
Act. 
‘‘(B) COVERED VESSELS.—A covered ves-
sel referred to in subparagraph (A) is— 
‘‘(i) a vessel eligible under subsection 
(a), (b), or (c) that is replaced under para-
graph (1); or 
‘‘(ii) a vessel eligible under subsection 
(a), (b), or (c) that is rebuilt to increase 
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171 
its registered length, gross tonnage, or 
shaft horsepower. 
‘‘(5) 
LIMITATION
ON
FISHERY
ENDORSE-
MENTS.—Any vessel that is replaced under this sub-
section 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.—Notwith-
standing 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 limita-
tion program under part 679 of title 50, Code of 
Federal Regulations, as in effect on the date of en-
actment of the Maritime Safety Act of 2009. 
‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Noth-
ing 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) 
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and participants in such fisheries from adverse im-
pacts caused by this Act.’’. 
(2) EXEMPTION
OF
CERTAIN
VESSELS.—Sec-
tion 203(g) of the American Fisheries Act (title II 
of division C of Public Law 105–277; 112 Stat. 
2681–620) is amended— 
(A) by inserting ‘‘and’’ after ‘‘(United 
States official number 651041)’’; 
(B) by striking ‘‘, NORTHERN TRAV-
ELER (United States official number 635986), 
and NORTHERN VOYAGER (United States 
official number 637398) (or a replacement ves-
sel for the NORTHERN VOYAGER that com-
plies with paragraphs (2), (5), and (6) of sec-
tion 208(g) of this Act)’’; and 
(C) by striking ‘‘, in the case of the 
NORTHERN’’ and all that follows through 
‘‘PHOENIX,’’. 
(3) 
FISHERY
COOPERATIVE
EXIT
PROVI-
SIONS.—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 
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(B) by adding at the end the following: 
‘‘(7) FISHERY
COOPERATIVE
EXIT
PROVI-
SIONS.— 
‘‘(A) FISHING
ALLOWANCE
DETERMINA-
TION.—For purposes of determining the aggre-
gate 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 his-
tory 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 Maritime 
Safety Act of 2009; and 
‘‘(ii) shall be assigned, for all pur-
poses under this title, in the manner speci-
fied by the owner of the vessel being re-
moved 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 
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174 
which the vessel being removed leaves the 
directed pollock fishery. 
‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE-
MENT.—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 ves-
sel 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 re-
place a vessel to be removed pursuant to this 
paragraph. 
‘‘(C) LIMITATIONS
ON
STATUTORY
CON-
STRUCTION.—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 num-
ber 1062183) ineligible for a fishery en-
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dorsement or any permit necessary to par-
ticipate in any fishery under the authority 
of the New England Fishery Management 
Council or the Mid-Atlantic Fishery Man-
agement Council established, respectively, 
under subparagraphs (A) and (B) of sec-
tion 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 re-
ferred to in clause (i) in any manner that 
is not consistent with the fishery manage-
ment plan for the fishery developed by the 
Councils under section 303 of the Magnu-
son-Stevens Act.’’. 
SEC. 803. 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 Com-
merce, Science, and Transportation of the Senate on the 
efficacy of cold weather survival training conducted by the 
Coast Guard in Coast Guard District 17 over the pre-
ceding 5 years. The report shall include plans for con-
ducting such training in fiscal years 2010 through 2013. 
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SEC. 804. 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 in-
jury exists that can be eliminated or mitigated by 
that equipment; and’’; and 
(B) redesignating paragraph (8) as para-
graph (7); 
(2) in subsection (b)— 
(A) in paragraph (1) in the matter pre-
ceding subparagraph (A), by striking ‘‘docu-
mented’’; 
(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 ‘‘life-
boats or liferafts’’ and inserting ‘‘a survival 
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177 
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 publica-
tions’’; 
(F) in paragraph (2)(F), by striking ‘‘, in-
cluding 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 fol-
lows: 
‘‘(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 de-
scribed in subsection (b) at least once every 2 years, 
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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 para-
graph (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, emer-
gency medical care, emergency drills, and weather; 
‘‘(B) require an individual to demonstrate abil-
ity to communicate in an emergency situation and 
understand information found in navigation publica-
tions; 
‘‘(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 pro-
gram. 
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‘‘(3) The Secretary shall prescribe regulations imple-
menting 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 acces-
sible electronic database listing the names of individuals 
who have participated in and received a certificate con-
firming successful completion of a training program ap-
proved 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 established 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 munici-
palities, port authorities, other appropriate public entities, 
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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 ap-
propriate for crewmembers, and the require-
ments 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 
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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 com-
mercial fishing industry, including vessel design, emer-
gency and survival equipment, enhancement of vessel mon-
itoring systems, communications devices, de-icing tech-
nology, 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 in-
serting the following: 
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‘‘§ 4508. Commercial Fishing Safety Advisory Com-
mittee’’; 
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 in-
serting 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 serv-
ices to vessels to which this chapter applies; and 
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‘‘(iii) a person familiar with issues affect-
ing fishing communities and families of fisher-
men;’’; and 
(D) in subparagraph (C)— 
(i) in the matter preceding clause (i), 
by striking ‘‘representing each of—’’ 
and inserting ‘‘each of whom shall rep-
resent—’’; 
(ii) in clause (i), by striking ‘‘or ma-
rine 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 pe-
riod 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 sec-
tions at the beginning of chapter 45 of title 46, 
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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.—Section 5102(b)(3) of title 46, United 
States Code, is amended by inserting after ‘‘vessel’’ the 
following ‘‘, unless the vessel is built or undergoes a major 
conversion completed after July 1, 2010’’. 
(e) CLASSING OF VESSELS.— 
(1) IN
GENERAL.—Section 4503 of title 46, 
United States Code, is amended— 
(A) by striking the section heading and in-
serting the following: 
‘‘§ 4503. Fishing, fish tender, and fish processing ves-
sel 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— 
‘‘(1) is built after July 1, 2010; or 
‘‘(2) undergoes a major conversion completed 
after that date. 
‘‘(d)(1) After January 1, 2020, a fishing vessel, fish 
processing vessel, or fish tender vessel to which section 
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4502(b) of this title applies shall comply with an alternate 
safety compliance program that is developed in coopera-
tion 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, 2010; and 
‘‘(C) is 25 years of age or older. 
‘‘(2) Alternative safety compliance programs may be 
developed for purposes of paragraph (1) for specific re-
gions and fisheries. 
‘‘(3) 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, 2010, shall— 
‘‘(A) remain subject to the requirements of a 
classification society approved by the Secretary; and 
‘‘(B) have on board a certificate from that soci-
ety.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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 de-
partment in which the Coast Guard is operating shall pre-
scribe an alternative safety compliance program referred 
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to in section 4503(d) of the title 46, United States Code, 
as amended by this section. 
SEC. 805. MARINER RECORDS. 
Section 7502 of title 46, United States Code, is 
amended— 
(1) by inserting ‘‘(a)’’ before ‘‘The’’; 
(2) by striking ‘‘computerized records’’ and in-
serting ‘‘records, including electronic records,’’; and 
(3) by adding at the end the following: 
‘‘(b) The Secretary may prescribe regulations requir-
ing 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 
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 indi-
vidual 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.’’. 
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SEC. 806. DELETION OF EXEMPTION OF LICENSE REQUIRE-
MENT 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 sub-
section (b). 
SEC. 807. LOG BOOKS. 
(a) IN GENERAL.—Chapter 113 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 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 offi-
cer assumed or relieved the watch. 
‘‘(2) The number of hours in service to the ves-
sels of each seaman and each officer. 
‘‘(3) An account of each accident, illness, and 
injury that occurs during each watch.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following: 
‘‘11304. Additional logbook and entry requirements.’’. 
SEC. 808. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 
(a) IN GENERAL.—Chapter 21 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing new sections: 
‘‘§ 2116. 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 cer-
tificate; 
‘‘(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 individ-
uals on board the vessel if the official observes the 
vessel being operated in an unsafe condition that the 
official believes creates an especially hazardous con-
dition, including ordering the individual in charge to 
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return the vessel to a mooring and to remain there 
until the situation creating the hazard is corrected 
or ended. 
‘‘§ 2117. Establishment of equipment standards 
‘‘(a) In establishing standards for approved equip-
ment required on vessels subject to part B of this title, 
the Secretary shall establish standards that are— 
‘‘(1) based on performance using the best avail-
able technology that is economically achievable; and 
‘‘(2) operationally practical. 
‘‘(b) Using the standards established under sub-
section (a), the Secretary may also certify lifesaving equip-
ment 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 sub-
section (a) to ensure that the standards meet the require-
ments of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following: 
‘‘2116. Termination for unsafe operation. 
‘‘2117. Establishment of equipment standards.’’. 
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SEC. 809. APPROVAL OF SURVIVAL CRAFT. 
(a) IN GENERAL.—Chapter 31 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 3104. Survival craft 
‘‘(a) Except as provided in subsection (b), the Sec-
retary 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. 810. SAFETY MANAGEMENT. 
(a) VESSELS TO WHICH REQUIREMENTS APPLY.— 
Section 3202 of title 46, United States Code, is amend-
ed— 
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(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 fol-
lowing: 
‘‘(b) OTHER PASSENGER VESSELS.—This chapter 
applies to a vessel that is— 
‘‘(1) a passenger vessel or small passenger ves-
sel; 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: 
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‘‘(c) In prescribing regulations for passenger vessels 
and small passenger vessels, the Secretary shall con-
sider— 
‘‘(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. 811. 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 pe-
riod 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 regula-
tion prescribed under that law; 
‘‘(D) the seaman notified, or attempted to no-
tify, the vessel owner or the Secretary of a work-re-
lated personal injury or work-related illness of a sea-
man; 
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‘‘(E) the seaman cooperated with a safety in-
vestigation by the Secretary or the National Trans-
portation Safety Board; 
‘‘(F) the seaman furnished information to the 
Secretary, the National Transportation Safety 
Board, or any other public official as to the facts re-
lating to any marine casualty resulting in injury or 
death to an individual or damage to property occur-
ring 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 fol-
lows: 
‘‘(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 com-
plaint may be filed under subsection (b) of section 31105 
of title 49. Such complaint shall be subject to the proce-
dures, 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.’’. 
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(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. 812. OIL FUEL TANK PROTECTION. 
Section 3306 of title 46, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(k)(1) Each vessel of the United States that is con-
structed under a contract entered into after the date of 
enactment of the Maritime Safety Act of 2009, or that 
is delivered after January 1, 2011, with an aggregate ca-
pacity 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 Con-
vention for the Prevention of Pollution from Ships, 1973, 
entitled ‘Oil Fuel Tank Protection.’ 
‘‘(2) The Secretary may prescribe regulations to 
apply the requirements described in Regulation 12A to 
vessels described in paragraph (1) that are not otherwise 
subject to that convention. Any such regulation shall be 
considered to be an interpretive rule for the purposes of 
section 553 of title 5. 
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‘‘(3) In this subsection the term ‘oil fuel’ means any 
oil used as fuel in connection with the propulsion and aux-
iliary machinery of the vessel in which such oil is carried.’’. 
SEC. 813. OATHS. 
Sections 7105 and 7305 of title 46, United States 
Code, and the items relating to such sections in the anal-
ysis for chapters 71 and 73 of such title, are repealed. 
SEC. 814. DURATION OF CREDENTIALS. 
(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 MER-
CHANT MARINERS’ DOCUMENTS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (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 mer-
chant mariner’s document may be issued under this 
chapter up to 8 months in advance but is not effec-
tive until the date that the previously issued mer-
chant mariner’s document expires or until the com-
pletion of any active suspension or revocation of that 
previously issued merchant mariner’s document, 
whichever is later.’’. 
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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. 815. FINGERPRINTING. 
(a) MERCHANT MARINER LICENSES
AND DOCU-
MENTS.—Chapter 75 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘§ 7507. Fingerprinting 
‘‘The Secretary of the Department in which the Coast 
Guard is operating may not require an individual to be 
fingerprinted for the issuance or renewal of a license, a 
certificate of registry, or a merchant mariner’s document 
under chapter 71 or 73 if the individual was fingerprinted 
when the individual applied for a transportation security 
card under section 70105.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘7507. Fingerprinting.’’. 
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SEC. 816. AUTHORIZATION TO EXTEND THE DURATION OF 
LICENSES, CERTIFICATES OF REGISTRY, AND 
MERCHANT MARINERS’ DOCUMENTS. 
(a) MERCHANT MARINER LICENSES
AND DOCU-
MENTS.—Chapter 75 of title 46, United States Code, as 
amended by section 815(a) of this title, is further amended 
by adding at the end the following: 
‘‘§ 7508. 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 ex-
piring license or certificate of registry issued for an 
individual under chapter 71 if the Secretary deter-
mines that the extension is required to enable the 
Coast Guard to eliminate a backlog in processing ap-
plications 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 ex-
piring license or certificate of registry issued for an 
individual under chapter 71 for the exclusive pur-
pose of aligning the expiration date of such license 
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or certificate of registry with the expiration date of 
a merchant mariner’s document. 
‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwith-
standing section 7302(g), the Secretary may— 
‘‘(1) extend for not more than one year an ex-
piring merchant mariner’s document issued for an 
individual under chapter 71 if the Secretary deter-
mines that the extension is required to enable the 
Coast Guard to eliminate a backlog in processing ap-
plications 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 ex-
piring merchant mariner’s document issued for an 
individual under chapter 71 for the exclusive pur-
pose of aligning the expiration date of such mer-
chant 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, as amended by section 815(b), is further amend-
ed by adding at the end the following: 
‘‘7508. Authority to extend the duration of licenses, certificates of registry, and 
merchant mariner documents.’’. 
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SEC. 817. MERCHANT MARINER DOCUMENTATION. 
(a) INTERIM CLEARANCE PROCESS.—Not later than 
180 days after the date of enactment of this Act, the Sec-
retary of the department in which the Coast Guard is op-
erating shall develop an interim clearance process for 
issuance of a merchant mariner document to enable a 
newly hired seaman to begin working on an offshore sup-
ply vessel or towing vessel if the Secretary makes an initial 
determination that the seaman does not pose a safety and 
security risk. 
(b) CONTENTS
OF PROCESS.—The process under 
subsection (a) shall include a check against the consoli-
dated and integrated terrorist watch list maintained by the 
Federal Government, review of the seaman’s criminal 
record, and review of the results of testing the seaman 
for use of a dangerous drug (as defined in section 2101 
of title 46, United States Code) in violation of law or Fed-
eral regulation. 
SEC. 818. 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 Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report regarding the feasibility of— 
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(1) expanding the streamlined evaluation proc-
ess program that was affiliated with the Houston 
Regional Examination Center of the Coast Guard to 
all processing centers of the Coast Guard nation-
wide; 
(2) including proposals to simplify the applica-
tion 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), includ-
ing instructions attached to the application form and 
a modified application form for renewals with ques-
tions pertaining only to the period of time since the 
previous application; 
(3) providing notice to an applicant of the sta-
tus of the pending application, including a process to 
allow the applicant to check on the status of the ap-
plication 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. 819. OFFSHORE SUPPLY VESSELS. 
(a) DEFINITION.—Section 2101(19) of title 46, 
United States Code, is amended by striking ‘‘of more than 
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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 inserting before the period at the end the 
following: ‘‘of less than 500 gross tons as measured under 
section 14502, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary 
under section 14104 of this title’’. 
(c) REMOVAL OF TONNAGE LIMITS.— 
(1) ABLE
SEAMEN-OFFSHORE
SUPPLY
VES-
SELS.—Section 7310 of title 46, United States 
Code, is amended by striking ‘‘of 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’’. 
(2) SCALE OF EMPLOYMENT: ABLE SEAMEN.— 
Section 7312(d) of title 46, United States Code, is 
amended by striking ‘‘of less than 500 gross tons as 
measured under section 14502 of this title, or an al-
ternate tonnage measured under section 14302 of 
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this title as prescribed by the Secretary under sec-
tion 14104 of this title’’. 
(d) WATCHES.—Section 8104 of title 46, United 
States Code, is amended— 
(1) in subsection (g), by inserting after ‘‘off-
shore supply vessel’’ the following: ‘‘of less than 500 
gross tons as measured under section 14502 of this 
title, or less than 6,000 gross tons as measured 
under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title’’; 
(2) in subsection (d), by inserting ‘‘(1)’’ after 
‘‘(d)’’, and by adding at the end the following: 
‘‘(2) Paragraph (1) does not apply to an offshore sup-
ply 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 require-
ments (including recording and record-keeping of that 
service) prescribed by the Secretary.’’; and 
(3) in subsection (e), by striking ‘‘subsection 
(d)’’ and inserting ‘‘subsection (d)(1)’’. 
(e) MINIMUM
NUMBER
OF
LICENSED
INDIVID-
UALS.—Section 8301(b) of title 46, United States Code, 
is amended to read as follows: 
‘‘(b)(1) An offshore supply vessel of less than 6,000 
gross tons, as measured under section 14302 of this title, 
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on a voyage of less than 600 miles shall have at least one 
licensed mate. Such a vessel on a voyage of 600 miles or 
more shall have two licensed mates. 
‘‘(2) 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. 
‘‘(3) An offshore supply vessel shall have at least one 
mate. Additional mates on an offshore supply vessel of at 
least 6,000 gross tons as measured under section 14302 
of this title shall be prescribe in accordance with hours 
of service requirements (including recording and record- 
keeping of that service) prescribed by the Secretary.’’. 
(f) REGULATIONS.— 
(1) IN GENERAL.—The Secretary of the depart-
ment in which the Coast Guard is operating shall 
promulgate regulations to implement the amend-
ments enacted by this section and chapter 37 of title 
46, United States Code, for offshore supply vessels 
of at least 6,000 gross tons, before January 1, 2010. 
(2) INTERIM
FINAL
RULE
AUTHORITY.—The 
Secretary shall issue an interim final rule as a tem-
porary regulation implementing this section (includ-
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ing the amendments made by this section), and 
chapter 37 of title 46, United States Code, for off-
shore supply vessels of at least 6,000 gross tons, as 
soon as practicable after the date of enactment of 
this section, without regard to the provisions of 
chapter 5 of title 5, United States Code. All regula-
tions prescribed under the authority of this para-
graph that are not earlier superseded by final regu-
lations shall expire not later than 1 year after the 
date of enactment of this Act. 
(3) INITIATION
OF
RULEMAKING.—The Sec-
retary may initiate a rulemaking to implement this 
section (including the amendments made by this sec-
tion), and chapter 37 of title 46, United States 
Code, for offshore supply vessels of at least 6,000 
gross tons, as soon as practicable after the date of 
enactment of this section. The final rule issued pur-
suant to that rulemaking may supersede the interim 
final rule promulgated under this subsection. 
(4) INTERIM PERIOD.—After the date of enact-
ment of this Act and prior to the effective date of 
the regulations promulgated to implement the 
amendments enacted by this section under para-
graph (2), and notwithstanding the tonnage limits of 
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applicable regulations promulgated prior to the date 
of enactment of this Act, the Secretary may— 
(A) issue a certificate of inspection under 
section 3309 of title 46, United States Code, to 
an offshore supply vessel of at least 500 gross 
tons as measured under section 14502 of title 
46, United States Code, or of at least 6,000 
gross tons as measured under section 14302 of 
title 46, United States Code, if the Secretary 
determines that such vessel’s arrangements, 
equipment, classification, and certifications pro-
vide for the safe carriage of individuals in addi-
tion to the crew and oil and hazardous sub-
stances, taking into consideration the character-
istics of offshore supply vessels, their methods 
of operation, and their service in support of ex-
ploration, exploitation, or production of offshore 
mineral or energy resources; 
(B) for the purpose of enforcing chapter 
37 of title 46, United States Code, use tank 
vessel standards for offshore supply vessels of 
at least 6,000 gross tons after considering the 
characteristics, methods of operation, and na-
ture of the service of the vessel; and 
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(C) authorize a master, mate, or engineer 
whom the Secretary decides possesses the expe-
rience on an offshore supply vessel under 6,000 
gross tons to serve on an offshore supply vessel 
over at least 6,000 gross tons. 
SEC. 820. ASSOCIATED EQUIPMENT. 
Section 2101(1)(B) of title 46, United States Coded, 
is amended by inserting ‘‘with the exception of emergency 
locator beacons,’’ before ‘‘does’’. 
SEC. 821. 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 requir-
ing the installation, maintenance, and use of life pre-
servers and other lifesaving devices for individuals on 
board uninspected vessels.’’. 
SEC. 822. STUDY OF BLENDED FUELS IN MARINE APPLICA-
TION. 
(a) SURVEY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary 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 
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marine applications, to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives 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 oper-
ation, durability, and performance of rec-
reational and commercial marine engines, ves-
sels, 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 en-
gine components and associated equipment; and 
(C) to the extent available, fires and explo-
sions 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 Sec-
retary, acting through the Commandant, shall con-
duct a comprehensive study on the use, safety, and 
performance of blended fuels in marine applications. 
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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, in-
cluding 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 oper-
ation, durability and performance of rec-
reational and commercial marine engines, ves-
sels, 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 en-
gine 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 Home-
land Security to carry out the survey and study under this 
section $1,000,000. 
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(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 to Establish a Towing Safety Advisory Committee in 
the Department of Transportation (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 bal-
ance. 
‘‘(2) One member representing the offshore 
mineral and oil supply vessel industry. 
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‘‘(3) One member representing holders of active 
licensed Masters or Pilots of towing vessels with ex-
perience on the Western Rivers and the Gulf Intra-
coastal 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 unli-
censed towing vessel engineers with formal training 
and experience. 
‘‘(7) Two members representing each of the fol-
lowing 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.’’. 
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(f) NAVIGATION SAFETY ADVISORY COUNCIL.—Sec-
tion 5 of the Inland Navigational Rules Act of 1980 (33 
U.S.C. 2073) is amended— 
(1) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) ESTABLISHMENT OF COUNCIL.— 
‘‘(1) IN GENERAL.—The Secretary of the de-
partment 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 navi-
gation, maritime law, vessel safety, port safety, or 
commercial diving safety. Upon appointment, all 
non-Federal members shall be designated as rep-
resentative members to represent the viewpoints and 
interests of one of the following groups or organiza-
tions: 
‘‘(A) Commercial vessel owners or opera-
tors. 
‘‘(B) Professional mariners. 
‘‘(C) Recreational boaters. 
‘‘(D) The recreational boating industry. 
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‘‘(E) State agencies responsible for vessel 
or port safety. 
‘‘(F) The Maritime Law Association. 
‘‘(2) PANELS.—Additional persons may be ap-
pointed 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 relat-
ing to maritime collisions, rammings, groundings, Inland 
Rules of the Road, International Rules of the Road, navi-
gation regulations and equipment, routing measures, ma-
rine information, diving safety, and aids to navigation sys-
tems. 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 Com-
mandant, but in any event not less than twice during each 
calendar year. All proceedings of the Council shall be pub-
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lic, 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.’’. 
TITLE IX—CRUISE VESSEL 
SAFETY 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Cruise Vessel Security 
and Safety Act of 2009’’. 
SEC. 902. FINDINGS. 
The Congress makes the following findings: 
(1) There are approximately 200 overnight 
ocean-going cruise vessels worldwide. The average 
ocean-going cruise vessel carries 2,000 passengers 
with a crew of 950 people. 
(2) In 2007 alone, approximately 12,000,000 
passengers were projected to take a cruise world-
wide. 
(3) Passengers on cruise vessels have an inad-
equate appreciation of their potential vulnerability to 
crime while on ocean voyages, and those who may be 
victimized lack the information they need to under-
stand their legal rights or to know whom to contact 
for help in the immediate aftermath of the crime. 
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(4) Sexual violence, the disappearance of pas-
sengers from vessels on the high seas, and other se-
rious crimes have occurred during luxury cruises. 
(5) Over the last 5 years, sexual assault and 
physical assaults on cruise vessels were the leading 
crimes investigated by the Federal Bureau of Inves-
tigation with regard to cruise vessel incidents. 
(6) These crimes at sea can involve attacks 
both by passengers and crew members on other pas-
sengers and crew members. 
(7) Except for United States flagged vessels, or 
foreign flagged vessels operating in an area subject 
to the direct jurisdiction of the United States, there 
are no Federal statutes or regulations that explicitly 
require cruise lines to report alleged crimes to 
United States Government officials. 
(8) It is not known precisely how often crimes 
occur on cruise vessels or exactly how many people 
have disappeared during ocean voyages because 
cruise line companies do not make comprehensive, 
crime-related data readily available to the public. 
(9) Obtaining reliable crime-related cruise data 
from governmental sources can be difficult, because 
multiple countries may be involved when a crime oc-
curs on the high seas, including the flag country for 
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the vessel, the country of citizenship of particular 
passengers, and any countries having special or mar-
itime jurisdiction. 
(10) It can be difficult for professional crime 
investigators to immediately secure an alleged crime 
scene on a cruise vessel, recover evidence of an on-
board offense, and identify or interview potential 
witnesses to the alleged crime. 
(11) Most cruise vessels that operate into and 
out of United States ports are registered under the 
laws of another country, and investigations and 
prosecutions of crimes against passengers and crew 
members may involve the laws and authorities of 
multiple nations. 
(12) The Coast Guard has found it necessary to 
establish 500-yard security zones around cruise ves-
sels to limit the risk of terrorist attack. Recently pi-
racy has dramatically increased throughout the 
world. 
(13) To enhance the safety of cruise pas-
sengers, the owners of cruise vessels could upgrade, 
modernize, and retrofit the safety and security infra-
structure on such vessels by installing peep holes in 
passenger room doors, installing security video cam-
eras in targeted areas, limiting access to passenger 
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rooms to select staff during specific times, and in-
stalling acoustic hailing and warning devices capable 
of communicating over distances. 
SEC. 903. CRUISE VESSEL SECURITY AND SAFETY REQUIRE-
MENTS. 
(a) IN GENERAL.—Chapter 35 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3507. Passenger vessel security and safety require-
ments 
‘‘(a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 
AND RETROFITTING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Each vessel to which this 
subsection applies shall comply with the following 
design and construction standards: 
‘‘(A) The vessel shall be equipped with 
ship rails that are located not less than 42 
inches above the cabin deck. 
‘‘(B) Each passenger stateroom and crew 
cabin shall be equipped with entry doors that 
include peep holes or other means of visual 
identification. 
‘‘(C) For any vessel the keel of which is 
laid after the date of enactment of the Cruise 
Vessel Security and Safety Act of 2009, each 
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passenger stateroom and crew cabin shall be 
equipped with— 
‘‘(i) security latches; and 
‘‘(ii) time-sensitive key technology. 
‘‘(D) The vessel shall integrate technology 
that can be used for capturing images of pas-
sengers or detecting passengers who have fallen 
overboard, to the extent that such technology is 
available. 
‘‘(E) The vessel shall be equipped with a 
sufficient number of operable acoustic hailing 
or other such warning devices to provide com-
munication capability around the entire vessel 
when operating in high risk areas (as defined 
by the United States Coast Guard). 
‘‘(2) FIRE
SAFETY
CODES.—In administering 
the requirements of paragraph (1)(C), the Secretary 
shall take into consideration fire safety and other 
applicable emergency requirements established by 
the U.S. Coast Guard and under international law, 
as appropriate. 
‘‘(3) EFFECTIVE DATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the requirements of para-
graph (1) shall take effect 18 months after the 
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date of enactment of the Cruise Vessel Security 
and Safety Act of 2009. 
‘‘(B) LATCH AND KEY REQUIREMENTS.— 
The requirements of paragraph (1)(C) take ef-
fect on the date of enactment of the Cruise Ves-
sel Security and Safety Act of 2009. 
‘‘(b) VIDEO RECORDING.— 
‘‘(1) REQUIREMENT
TO
MAINTAIN
SURVEIL-
LANCE.—The owner of a vessel to which this section 
applies shall maintain a video surveillance system to 
assist in documenting crimes on the vessel and in 
providing evidence for the prosecution of such 
crimes, as determined by the Secretary. 
‘‘(2) ACCESS TO VIDEO RECORDS.—The owner 
of a vessel to which this section applies shall provide 
to any law enforcement official performing official 
duties in the course and scope of an investigation, 
upon request, a copy of all records of video surveil-
lance that the official believes may provide evidence 
of a crime reported to law enforcement officials. 
‘‘(c) SAFETY INFORMATION.—The owner of a vessel 
to which this section applies shall provide in each pas-
senger stateroom, and post in a location readily accessible 
to all crew and in other places specified by the Secretary, 
information regarding the locations of the United States 
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embassy and each consulate of the United States for each 
country the vessel will visit during the course of the voy-
age. 
‘‘(d) SEXUAL ASSAULT.—The owner of a vessel to 
which this section applies shall— 
‘‘(1) maintain on the vessel adequate, in-date 
supplies of anti-retroviral medications and other 
medications designed to prevent sexually transmitted 
diseases after a sexual assault; 
‘‘(2) maintain on the vessel equipment and ma-
terials for performing a medical examination in sex-
ual assault cases to evaluate the patient for trauma, 
provide medical care, and preserve relevant medical 
evidence; 
‘‘(3) make available on the vessel at all times 
medical staff who have undergone a credentialing 
process to verify that he or she— 
‘‘(A) possesses a current physician’s or 
registered nurse’s license and— 
‘‘(i) has at least 3 years of post-grad-
uate or post-registration clinical practice in 
general and emergency medicine; or 
‘‘(ii) holds board certification in emer-
gency medicine, family practice medicine, 
or internal medicine; 
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‘‘(B) is able to provide assistance in the 
event of an alleged sexual assault, has received 
training in conducting forensic sexual assault 
examination, and is able to promptly perform 
such an examination upon request and provide 
proper medical treatment of a victim, including 
administration of anti-retroviral medications 
and other medications that may prevent the 
transmission of human immunodeficiency virus 
and other sexually transmitted diseases; and 
‘‘(C) meets guidelines established by the 
American College of Emergency Physicians re-
lating to the treatment and care of victims of 
sexual assault; 
‘‘(4) prepare, provide to the patient, and main-
tain written documentation of the findings of such 
examination that is signed by the patient; and 
‘‘(5) provide the patient free and immediate ac-
cess to— 
‘‘(A) contact information for local law en-
forcement, the Federal Bureau of Investigation, 
the United States Coast Guard, the nearest 
United States consulate or embassy, and the 
National Sexual Assault Hotline program or 
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other third party victim advocacy hotline serv-
ice; and 
‘‘(B) a private telephone line and Internet- 
accessible computer terminal by which the indi-
vidual may confidentially access law enforce-
ment officials, an attorney, and the information 
and support services available through the Na-
tional Sexual Assault Hotline program or other 
third party victim advocacy hotline service. 
‘‘(e) CONFIDENTIALITY OF SEXUAL ASSAULT EXAM-
INATION AND SUPPORT INFORMATION.—The master or 
other individual in charge of a vessel to which this section 
applies shall— 
‘‘(1) treat all information concerning an exam-
ination under subsection (d) confidential, so that no 
medical information may be released to the cruise 
line or other owner of the vessel or any legal rep-
resentative thereof without the prior knowledge and 
approval in writing of the patient, or, if the patient 
is unable to provide written authorization, the pa-
tient’s next-of-kin, except that nothing in this para-
graph prohibits the release of— 
‘‘(A) information, other than medical find-
ings, necessary for the owner or master of the 
vessel to comply with the provisions of sub-
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section (g) or other applicable incident report-
ing laws; 
‘‘(B) information to secure the safety of 
passengers or crew on board the vessel; or 
‘‘(C) any information to law enforcement 
officials performing official duties in the course 
and scope of an investigation; and 
‘‘(2) treat any information derived from, or ob-
tained in connection with, post-assault counseling or 
other supportive services confidential, so no such in-
formation may be released to the cruise line or any 
legal representative thereof without the prior knowl-
edge and approval in writing of the patient, or, if 
the patient is unable to provide written authoriza-
tion, the patient’s next-of-kin. 
‘‘(f) CREW ACCESS TO PASSENGER STATEROOMS.— 
The owner of a vessel to which this section applies shall— 
‘‘(1) establish and implement procedures and 
restrictions concerning— 
‘‘(A) which crew members have access to 
passenger staterooms; and 
‘‘(B) the periods during which they have 
that access; and 
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‘‘(2) ensure that the procedures and restrictions 
are fully and properly implemented and periodically 
reviewed. 
‘‘(g) LOG BOOK AND REPORTING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The owner of a vessel to 
which this section applies shall— 
‘‘(A) record in a log book, either electroni-
cally or otherwise, in a centralized location 
readily accessible to law enforcement personnel, 
a report on— 
‘‘(i) all complaints of crimes described 
in paragraph (3)(A)(i), 
‘‘(ii) all complaints of theft of prop-
erty valued in excess of $1,000, and 
‘‘(iii) all complaints of other crimes, 
committed on any voyage that embarks or dis-
embarks passengers in the United States; and 
‘‘(B) make such log book available upon 
request to any agent of the Federal Bureau of 
Investigation, any member of the United States 
Coast Guard, and any law enforcement officer 
performing official duties in the course and 
scope of an investigation. 
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‘‘(2) DETAILS REQUIRED.—The information re-
corded under paragraph (1) shall include, at a min-
imum— 
‘‘(A) the vessel operator; 
‘‘(B) the name of the cruise line; 
‘‘(C) the flag under which the vessel was 
operating at the time the reported incident oc-
curred; 
‘‘(D) the age and gender of the victim and 
the accused assailant; 
‘‘(E) the nature of the alleged crime or 
complaint, as applicable, including whether the 
alleged perpetrator was a passenger or a crew 
member; 
‘‘(F) the vessel’s position at the time of the 
incident, if known, or the position of the vessel 
at the time of the initial report; 
‘‘(G) the time, date, and method of the ini-
tial report and the law enforcement authority to 
which the initial report was made; 
‘‘(H) the time and date the incident oc-
curred, if known; 
‘‘(I) the total number of passengers and 
the total number of crew members on the voy-
age; and 
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‘‘(J) the case number or other identifier 
provided by the law enforcement authority to 
which the initial report was made. 
‘‘(3) REQUIREMENT TO REPORT CRIMES AND 
OTHER INFORMATION.— 
‘‘(A) IN GENERAL.—The owner of a vessel 
to which this section applies (or the owner’s 
designee)— 
‘‘(i) shall contact the nearest Federal 
Bureau of Investigation Field Office or 
Legal Attache by telephone as soon as pos-
sible after the occurrence on board the ves-
sel of an incident involving homicide, sus-
picious death, a missing United States na-
tional, kidnapping, assault with serious 
bodily injury, any offense to which section 
2241, 2242, 2243, or 2244 (a) or (c) of 
title 18 applies, firing or tampering with 
the vessel, or theft of money or property in 
excess of $10,000 to report the incident; 
‘‘(ii) shall furnish a written report of 
the incident to the Secretary via an Inter-
net based portal; 
‘‘(iii) may report any serious incident 
that does not meet the reporting require-
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228 
ments of clause (i) and that does not re-
quire immediate attention by the Federal 
Bureau of Investigation via the Internet 
based portal maintained by the Secretary 
of Transportation; and 
‘‘(iv) may report any other criminal 
incident involving passengers or crew mem-
bers, or both, to the proper State or local 
government law enforcement authority. 
‘‘(B) INCIDENTS
TO
WHICH
SUBPARA-
GRAPH (A) APPLIES.—Subparagraph (A) ap-
plies to an incident involving criminal activity 
if— 
‘‘(i) the vessel, regardless of registry, 
is owned, in whole or in part, by a United 
States person, regardless of the nationality 
of the victim or perpetrator, and the inci-
dent occurs when the vessel is within the 
admiralty and maritime jurisdiction of the 
United States and outside the jurisdiction 
of any State; 
‘‘(ii) the incident concerns an offense 
by or against a United States national 
committed outside the jurisdiction of any 
nation; 
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229 
‘‘(iii) the incident occurs in the Terri-
torial Sea of the United States, regardless 
of the nationality of the vessel, the victim, 
or the perpetrator; or 
‘‘(iv) the incident concerns a victim or 
perpetrator who is a United States na-
tional on a vessel during a voyage that de-
parted from or will arrive at a United 
States port. 
‘‘(4) AVAILABILITY
OF
INCIDENT
DATA
VIA 
INTERNET.— 
‘‘(A) WEBSITE.—The Secretary of Trans-
portation shall maintain a statistical compila-
tion of all incidents described in paragraph 
(3)(A)(i) on an Internet site that provides a nu-
merical accounting of the missing persons and 
alleged crimes recorded in each report filed 
under paragraph (3)(A)(i) that are no longer 
under investigation by the Federal Bureau of 
Investigation. The data shall be updated no less 
frequently than quarterly, aggregated by— 
‘‘(i) cruise line, with each cruise line 
identified by name; and 
‘‘(ii) whether each crime was com-
mitted by a passenger or a crew member. 
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230 
‘‘(B) ACCESS TO WEBSITE.—Each cruise 
line taking on or discharging passengers in the 
United States shall include a link on its Inter-
net website to the website maintained by the 
Secretary under subparagraph (A). 
‘‘(h) ENFORCEMENT.— 
‘‘(1) PENALTIES.— 
‘‘(A) CIVIL
PENALTY.—Any person that 
violates this section or a regulation under this 
section shall be liable for a civil penalty of not 
more than $25,000 for each day during which 
the violation continues, except that the max-
imum penalty for a continuing violation is 
$50,000. 
‘‘(B) CRIMINAL
PENALTY.—Any person 
that willfully violates this section or a regula-
tion under this section shall be fined not more 
than $250,000 or imprisoned not more than 1 
year, or both. 
‘‘(2) DENIAL OF ENTRY.—The Secretary may 
deny entry into the United States to a vessel to 
which this section applies if the owner of the ves-
sel— 
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231 
‘‘(A) commits an act or omission for which 
a penalty may be imposed under this sub-
section; or 
‘‘(B) fails to pay a penalty imposed on the 
owner under this subsection. 
‘‘(i) PROCEDURES.—Within 6 months after the date 
of enactment of the Cruise Vessel Security and Safety Act 
of 2009, the Secretary shall issue guidelines, training cur-
ricula, and inspection and certification procedures nec-
essary to carry out the requirements of this section. 
‘‘(j) REGULATIONS.—The Secretary of Transpor-
tation and the Commandant shall each issue such regula-
tions as are necessary to implement this section. 
‘‘(k) APPLICATION.— 
‘‘(1) IN
GENERAL.—This section and section 
3508 apply to a passenger vessel (as defined in sec-
tion 2101(22)) that— 
‘‘(A) is authorized to carry at least 250 
passengers; 
‘‘(B) has onboard sleeping facilities for 
each passenger; 
‘‘(C) is on a voyage that embarks or dis-
embarks passengers in the United States; and 
‘‘(D) is not engaged on a coastwise voyage. 
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232 
‘‘(2) FEDERAL AND STATE VESSELS.—This sec-
tion and section 3508 do not apply to a vessel that 
is owned and operated by the United States Govern-
ment or a vessel that is owned and operated by a 
State. 
‘‘(l) OWNER DEFINED.—In this section and section 
3508, the term ‘owner’ means the owner, charterer, man-
aging operator, master, or other individual in charge of 
a vessel. 
‘‘§ 3508. Crime scene preservation training for pas-
senger vessel crew members 
‘‘(a) IN GENERAL.—Within 1 year after the date of 
enactment of the Cruise Vessel Security and Safety Act 
of 2009, the Secretary, in consultation with the Director 
of the Federal Bureau of Investigation and the Maritime 
Administrator, shall develop training standards and cur-
ricula to allow for the certification of passenger vessel se-
curity personnel, crew members, and law enforcement offi-
cials on the appropriate methods for prevention, detection, 
evidence preservation, and reporting of criminal activities 
in the international maritime environment. The Adminis-
trator of the Maritime Administration may certify organi-
zations in the United States and abroad that offer the cur-
riculum for training and certification under subsection (c). 
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‘‘(b) MINIMUM STANDARDS.—The standards estab-
lished by the Secretary under subsection (a) shall in-
clude— 
‘‘(1) the training and certification of vessel se-
curity personnel, crew members, and law enforce-
ment officials in accordance with accepted law en-
forcement and security guidelines, policies, and pro-
cedures, 
including 
recommendations 
for 
incor-
porating a background check process for personnel 
trained and certified in foreign countries; 
‘‘(2) the training of students and instructors in 
all aspects of prevention, detection, evidence preser-
vation, and reporting of criminal activities in the 
international maritime environment; and 
‘‘(3) the provision or recognition of off-site 
training and certification courses in the United 
States and foreign countries to develop and provide 
the required training and certification described in 
subsection (a) and to enhance security awareness 
and security practices related to the preservation of 
evidence in response to crimes on board passenger 
vessels. 
‘‘(c) CERTIFICATION REQUIREMENT.—Beginning 2 
years after the standards are established under subsection 
(b), no vessel to which this section applies may enter a 
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