In the House of Representatives, U. S., 
September 28, 2010. 
Resolved, That the House agree to the amendment of the 
Senate to the bill (H.R. 3619) entitled ‘‘An Act to authorize 
appropriations for the Coast Guard for fiscal year 2010, and 
for other purposes.’’, with the following 
HOUSE ADMENDMENTS TO SENATE AMENDMENT: 
In lieu of the matter proposed to be inserted by the 
amendment of the Senate to the text of the bill, insert 
the following: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Coast Guard Authorization Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—AUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
TITLE II—COAST GUARD 
Sec. 201. Appointment of civilian Coast Guard judges. 
Sec. 202. Industrial activities. 
Sec. 203. Reimbursement for medical-related travel expenses. 
Sec. 204. Commissioned officers. 
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
(AFRH) system. 
Sec. 206. Grants to international maritime organizations. 
Sec. 207. Leave retention authority. 
Sec. 208. Enforcement authority. 
Sec. 209. Repeal. 
Sec. 210. Merchant Mariner Medical Advisory Committee.
Sec. 211. Reserve commissioned warrant officer to lieutenant program. 
Sec. 212. Enhanced status quo officer promotion system. 
Sec. 213. Coast Guard vessels and aircraft. 
Sec. 214. Coast Guard District Ombudsmen. 
Sec. 215. Coast Guard commissioned officers: compulsory retirement. 
Sec. 216. Enforcement of coastwise trade laws. 
Sec. 217. Report on sexual assaults in the Coast Guard. 
Sec. 218. Home port of Coast Guard vessels in Guam. 
Sec. 219. Supplemental positioning system. 
Sec. 220. Assistance to foreign governments and maritime authorities. 
Sec. 221. Coast guard housing. 
Sec. 222. Child development services. 
Sec. 223. Chaplain activity expense. 
Sec. 224. Coast Guard cross; silver star medal. 
TITLE III—SHIPPING AND NAVIGATION 
Sec. 301. Seaward extension of anchorage grounds jurisdiction. 
Sec. 302. Maritime Drug Law Enforcement Act amendment-simple possession. 
Sec. 303. Technical amendments to tonnage measurement law. 
Sec. 304. Merchant mariner document standards. 
Sec. 305. Ship emission reduction technology demonstration project. 
Sec. 306. Phaseout of vessels supporting oil and gas development. 
Sec. 307. Arctic marine shipping assessment implementation. 
TITLE IV—ACQUISITION REFORM 
Sec. 401. Chief Acquisition Officer. 
Sec. 402. Acquisitions. 
Sec. 403. National Security Cutters. 
Sec. 404. Acquisition workforce expedited hiring authority. 
TITLE V—COAST GUARD MODERNIZATION 
Sec. 501. Short title. 
Subtitle A—Coast Guard Leadership 
Sec. 511. Vice admirals. 
Subtitle B—Workforce Expertise 
Sec. 521. Prevention and response staff. 
Sec. 522. Marine safety mission priorities and long-term goals. 
Sec. 523. Powers and duties. 
Sec. 524. Appeals and waivers. 
Sec. 525. Coast Guard Academy. 
Sec. 526. Report regarding civilian marine inspectors. 
TITLE VI—MARINE SAFETY 
Sec. 601. Short title. 
Sec. 602. Vessel size limits. 
Sec. 603. Cold weather survival training. 
Sec. 604. Fishing vessel safety. 
Sec. 605. Mariner records. 
Sec. 606. Deletion of exemption of license requirement for operators of certain 
towing vessels.
Sec. 607. Log books. 
Sec. 608. Safe operations and equipment standards. 
Sec. 609. Approval of survival craft. 
Sec. 610. Safety management. 
Sec. 611. Protection against discrimination. 
Sec. 612. Oil fuel tank protection. 
Sec. 613. Oaths. 
Sec. 614. Duration of licenses, certificates of registry, and merchant mariners’ 
documents. 
Sec. 615. Authorization to extend the duration of licenses, certificates of registry, 
and merchant mariners’ documents. 
Sec. 616. Merchant mariner assistance report. 
Sec. 617. Offshore supply vessels. 
Sec. 618. Associated equipment. 
Sec. 619. Lifesaving devices on uninspected vessels. 
Sec. 620. Study of blended fuels in marine application. 
Sec. 621. Renewal of advisory committees. 
Sec. 622. Delegation of authority. 
TITLE VII—OIL POLLUTION PREVENTION 
Sec. 701. Rulemakings. 
Sec. 702. Oil transfers from vessels. 
Sec. 703. Improvements to reduce human error and near miss incidents. 
Sec. 704. Olympic Coast National Marine Sanctuary. 
Sec. 705. Prevention of small oil spills. 
Sec. 706. Improved coordination with tribal governments. 
Sec. 707. Report on availability of technology to detect the loss of oil. 
Sec. 708. Use of oil spill liability trust fund. 
Sec. 709. International efforts on enforcement. 
Sec. 710. Higher volume port area regulatory definition change. 
Sec. 711. Tug escorts for laden oil tankers. 
Sec. 712. Extension of financial responsibility. 
Sec. 713. Liability for use of single-hull vessels. 
TITLE VIII—PORT SECURITY 
Sec. 801. America’s Waterway Watch Program. 
Sec. 802. Transportation Worker Identification Credential. 
Sec. 803. Interagency operational centers for port security. 
Sec. 804. Deployable, specialized forces. 
Sec. 805. Coast Guard detection canine team program expansion. 
Sec. 806. Coast Guard port assistance Program. 
Sec. 807. Maritime biometric identification. 
Sec. 808. Pilot Program for fingerprinting of maritime workers. 
Sec. 809. Transportation security cards on vessels. 
Sec. 810. Maritime Security Advisory Committees. 
Sec. 811. Seamen’s shoreside access. 
Sec. 812. Waterside security of especially hazardous cargo. 
Sec. 813. Review of liquefied natural gas facilities. 
Sec. 814. Use of secondary authentication for transportation security cards. 
Sec. 815. Assessment of transportation security card enrollment sites. 
Sec. 816. Assessment of the feasibility of efforts to mitigate the threat of small 
boat attack in major ports. 
Sec. 817. Report and recommendation for uniform security background checks.
Sec. 818. Transportation security cards: access pending issuance; deadlines for 
processing; receipt. 
Sec. 819. Harmonizing security card expirations. 
Sec. 820. Clarification of rulemaking authority. 
Sec. 821. Port security training and certification. 
Sec. 822. Integration of security plans and systems with local port authorities, 
State harbor divisions, and law enforcement agencies. 
Sec. 823. Transportation security cards. 
Sec. 824. Pre-positioning interoperable communications equipment at interagency 
operational centers. 
Sec. 825. International port and facility inspection coordination. 
Sec. 826. Area transportation security incident mitigation plan. 
Sec. 827. Risk based resource allocation. 
Sec. 828. Port security zones. 
TITLE IX—MISCELLANEOUS PROVISIONS 
Sec. 901. Waivers. 
Sec. 902. Crew wages on passenger vessels. 
Sec. 903. Technical corrections. 
Sec. 904. Manning requirement. 
Sec. 905. Study of bridges over navigable waters. 
Sec. 906. Limitation on jurisdiction of States to tax certain seamen. 
Sec. 907. Land conveyance, Coast Guard property in Marquette County, 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, Michigan. 
Sec. 917. Maritime law enforcement. 
Sec. 918. Capital investment plan. 
Sec. 919. Reports. 
Sec. 920. Compliance provision. 
Sec. 921. Conveyance of Coast Guard property in Portland, Maine. 
TITLE X—CLEAN HULLS 
Subtitle A—General Provisions 
Sec. 1011. Definitions. 
Sec. 1012. Covered vessels. 
Sec. 1013. Administration and enforcement. 
Sec. 1014. Compliance with international law. 
Sec. 1015. Utilization of personnel, facilities or equipment of other Federal 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 surety. 
Sec. 1045. Warnings, detentions, dismissals, exclusion. 
Sec. 1046. Referrals for appropriate action by foreign country. 
Sec. 1047. Remedies not affected. 
Sec. 1048. Repeal. 
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for fiscal year 
2011 for necessary expenses of the Coast Guard as follows: 
(1) For the operation and maintenance of the 
Coast Guard, $6,970,681,000 of which $24,500,000 is 
authorized to be derived from the Oil Spill Liability 
Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)). 
(2) For the acquisition, construction, rebuilding, 
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment 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 Pollu-
tion Act of 1990, to remain available until ex-
pended; 
(B) $1,233,502,000 is authorized for the In-
tegrated Deepwater System Program; and 
(C) $100,000,000 is authorized for shore fa-
cilities and aids to navigation. 
(3) To the Commandant of the Coast Guard for 
research, development, test, and evaluation of tech-
nologies, materials, and human factors directly relat-
ing to improving the performance of the Coast 
Guard’s mission in search and rescue, aids to naviga-
tion, marine safety, marine environmental protection, 
enforcement of laws and treaties, ice operations, 
oceanographic 
research, 
and 
defense 
readiness, 
$28,034,000, to remain available until expended, of 
which $500,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of sec-
tion 1012(a)(5) of the Oil Pollution Act of 1990. 
(4) For retired pay (including the payment of 
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired 
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title 
10, United States Code, $1,400,700,000, to remain 
available until expended. 
(5) For alteration or removal of bridges over 
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Bridge Alter-
ation Program, $16,000,000. 
(6) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and 
equipment associated with operation and mainte-
nance), $13,329,000, to remain available until ex-
pended. 
(7) For the Coast Guard Reserve program, in-
cluding personnel and training costs, equipment, and 
services, $135,675,000. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is 
authorized an end-of-year strength for active duty personnel 
of 47,000 for the fiscal year ending on September 30, 2011. 
(b) MILITARY TRAINING STUDENT LOADS.—For fiscal 
year 2011, the Coast Guard is authorized average military 
training student loads as follows:
(1) For recruit and special training, 2,500 stu-
dent years. 
(2) For flight training, 165 student years. 
(3) For professional training in military and ci-
vilian 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 ap-
pellate 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:
‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL AC-
TIVITIES.—Under this section, the Coast Guard industrial 
activities may accept orders from and enter into reimburs-
able agreements with establishments, agencies, and depart-
ments of the Department of Defense and the Department 
of Homeland Security.’’. 
SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAV-
EL 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 de-
fined in section 1072(5) of title 10) resides on an island 
that is located in the 48 contiguous States and the District 
of Columbia and that lacks public access roads to the main-
land and is referred by a primary care physician to a spe-
cialty care provider (as defined in section 1074i(b) of title 
10) on the mainland who provides services less than 100 
miles from the location where the beneficiary resides, the 
Secretary shall reimburse the reasonable travel expenses of 
the covered beneficiary and, when accompaniment by an 
adult is necessary, for a parent or guardian of the covered
beneficiary or another member of the covered beneficiary’s 
family who is at least 21 years of age.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘518. Reimbursement for medical-related travel expenses for certain persons resid-
ing 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 offi-
cers 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 in-
crease 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 dis-
tributed in grade in the following percentages: 0.375 
percent for rear admiral; 0.375 percent for rear admi-
ral (lower half); 6.0 percent for captain; 15.0 percent 
for commander; and 22.0 percent for lieutenant com-
mander.
‘‘(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 
PERCENTAGE.—The Secretary— 
‘‘(A) may reduce, as the needs of the Coast 
Guard require, any of the percentages set forth 
in paragraph (1); and 
‘‘(B) shall apply that total percentage re-
duction 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 
applying the grade distribution percentages estab-
lished by or under this section to the total number of 
commissioned officers listed on the current active duty 
promotion list. 
‘‘(2) ROUNDING
FRACTIONS.—Subject to sub-
section (a), in making the computations under para-
graph (1), any fraction shall be rounded to the near-
est whole number. 
‘‘(3) TREATMENT
OF
OFFICERS
SERVING
OUT-
SIDE COAST GUARD.—The number of commissioned
officers on the active duty promotion list below the 
rank of rear admiral (lower half) serving with other 
Federal departments or agencies on a reimbursable 
basis or excluded under section 324(d) of title 49 shall 
not be counted against the total number of commis-
sioned officers authorized to serve in each grade. 
‘‘(d) USE OF NUMBERS; TEMPORARY INCREASES.— 
The numbers resulting from computations under subsection 
(c) shall be, for all purposes, the authorized number in each 
grade; except that the authorized number for a grade is tem-
porarily increased during the period between one computa-
tion and the next by the number of officers originally ap-
pointed 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 commis-
sioned teaching staff of the Coast Guard Academy and of 
the Reserve serving in connection with organizing, admin-
istering, recruiting, instructing, or training the reserve 
components shall be prescribed by the Secretary.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 
3 of such title is amended by striking the item relating to 
section 42 and inserting the following: 
‘‘42. Number and distribution of commissioned officers on active duty promotion 
list.’’. 
SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED 
FORCES RETIREMENT HOME (AFRH) SYSTEM. 
(a) IN GENERAL.—Section 1502 of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 401) is amend-
ed— 
(1) by striking paragraph (4); 
(2) in paragraph (5)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (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 
following: 
‘‘(E) The Master Chief Petty Officer of the 
Coast Guard.’’. 
(b) CONFORMING AMENDMENTS.—(1) Section 2772 of 
title 10, United States Code, is amended—
(A) in subsection (a) by inserting ‘‘or, in the 
case of the Coast Guard, the Commandant’’ after 
‘‘concerned’’; and 
(B) by striking subsection (c). 
(2) Section 1007(i) of title 37, United States Code, is 
amended— 
(A) in paragraph (3) by inserting ‘‘or, in the 
case of the Coast Guard, the Commandant’’ after 
‘‘Secretary of Defense’’; 
(B) by striking paragraph (4); and 
(C) by redesignating paragraph (5) as para-
graph (4). 
SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANI-
ZATIONS. 
Section 149 of title 14, United States Code, is amended 
by adding at the end the following: 
‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGANI-
ZATIONS.—After consultation with the Secretary of State, 
the Commandant may make grants to, or enter into cooper-
ative agreements, contracts, or other agreements with, inter-
national maritime organizations for the purpose of acquir-
ing information or data about merchant vessel inspections, 
security, safety, environmental protection, classification, 
and port state or flag state law enforcement or oversight.’’.
SEC. 207. LEAVE RETENTION AUTHORITY. 
(a) IN GENERAL.—Chapter 11 of title 14, United 
States Code, is amended by inserting after section 425 the 
following: 
‘‘§ 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 As-
sistance Act (42 U.S.C. 5121 et seq.) or in response to a 
spill of national significance shall be treated, for the pur-
pose of section 701(f)(2) of title 10, as a duty assignment 
in support of a contingency operation. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) SPILL
OF
NATIONAL
SIGNIFICANCE.—The 
term ‘spill of national significance’ means a discharge 
of oil or a hazardous substance that is declared by the 
Commandant to be a spill of national significance. 
‘‘(2) DISCHARGE.—The term ‘discharge’ has the 
meaning given that term in section 1001 of the Oil 
Pollution Act of 1990 (33 U.S.C. 2701).’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating to 
section 425 the following: 
‘‘426. Emergency leave retention authority.’’.
(c) APPLICATION.—The amendments made by this 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: 
‘‘§ 99. Enforcement authority 
‘‘Subject to guidelines approved by the Secretary, 
members of the Coast Guard, in the performance of official 
duties, may— 
‘‘(1) carry a firearm; and 
‘‘(2) while at a facility (as defined in section 
70101 of title 46)— 
‘‘(A) make an arrest without warrant for 
any offense against the United States committed 
in their presence; and 
‘‘(B) seize property as otherwise provided 
by law.’’. 
(b) CONFORMING REPEAL.—Section 70117 of title 46, 
United States Code, and the item relating to such section 
in the analysis at the beginning of chapter 701 of such title, 
are repealed. 
(c) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘99. Enforcement authority.’’.
SEC. 209. REPEAL. 
Section 216 of title 14, United States Code, and the 
item relating to such section in the analysis for chapter 11 
of such title, are repealed. 
SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COM-
MITTEE. 
(a) IN GENERAL.—Chapter 71 of title 46, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 7115. Merchant Mariner Medical Advisory Com-
mittee 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established a Mer-
chant Mariner Medical Advisory Committee (in this 
section referred to as the ‘Committee’). 
‘‘(2) FUNCTIONS.—The Committee shall advise 
the Secretary on matters relating to— 
‘‘(A) medical certification determinations 
for issuance of licences, certificates of registry, 
and merchant mariners’ documents; 
‘‘(B) medical standards and guidelines for 
the physical qualifications of operators of com-
mercial 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 experi-
ence regarding the medical examinations of mer-
chant mariners or occupational medicine; and 
‘‘(B) four who are professional mariners 
with knowledge and experience in mariner occu-
pational requirements. 
‘‘(2) STATUS
OF
MEMBERS.—Members of the 
Committee shall not be considered Federal employees 
or otherwise in the service or the employment of the 
Federal Government, except that members shall be 
considered special Government employees, as defined 
in section 202(a) of title 18, United States Code, and 
shall be subject to any administrative standards of 
conduct applicable to the employees of the department 
in which the Coast Guard is operating. 
‘‘(c) APPOINTMENTS; TERMS; VACANCIES.— 
‘‘(1) APPOINTMENTS.—The Secretary shall ap-
point the members of the Committee, and each mem-
ber shall serve at the pleasure of the Secretary. 
‘‘(2) TERMS.—Each member shall be appointed 
for a term of five years, except that, of the members
first appointed, three members shall be appointed for 
a term of two years. 
‘‘(3) VACANCIES.—Any member appointed to fill 
the vacancy prior to the expiration of the term for 
which that member’s predecessor was appointed shall 
be appointed for the remainder of that term. 
‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The Secretary 
shall designate one member of the Committee as the Chair-
man and one member as the Vice Chairman. The Vice 
Chairman shall act as Chairman in the absence or inca-
pacity of, or in the event of a vacancy in the office of, the 
Chairman. 
‘‘(e) COMPENSATION; REIMBURSEMENT.—Members of 
the Committee shall serve without compensation, except 
that, while engaged in the performance of duties away from 
their homes or regular places of business of the member, the 
member of the Committee may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5. 
‘‘(f) STAFF; SERVICES.—The Secretary shall furnish to 
the Committee the personnel and services as are considered 
necessary for the conduct of its business.’’. 
(b) FIRST MEETING.—No later than six months after 
the date of enactment of this Act, the Merchant Mariner
Medical Advisory Committee established by the amendment 
made by this section shall hold its first meeting. 
(c) CLERICAL AMENDMENT.—The analysis for chapter 
71 of that title is amended by adding at the end the fol-
lowing: 
‘‘7115. Merchant Mariner Medical Advisory Committee.’’. 
SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO 
LIEUTENANT PROGRAM. 
Section 214(a) of title 14, United States Code, is 
amended to read as follows: 
‘‘(a) The president may appoint temporary commis-
sioned officers— 
‘‘(1) in the Regular Coast Guard in a grade, not 
above lieutenant, appropriate to their qualifications, 
experience, and length of service, as the needs of the 
Coast Guard may require, from among the commis-
sioned warrant officers, warrant officers, and enlisted 
members of the Coast Guard, and from holders of li-
censes issued under chapter 71 of title 46; and 
‘‘(2) in the Coast Guard Reserve in a grade, not 
above lieutenant, appropriate to their qualifications, 
experience, and length of service, as the needs of the 
Coast Guard may require, from among the commis-
sioned warrant officers of the Coast Guard Reserve.’’.
SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION 
SYSTEM. 
Chapter 11 of title 14, United States Code, is amend-
ed— 
(1) in section 253(a)— 
(A) by inserting ‘‘and’’ after ‘‘considered,’’; 
and 
(B) by striking ‘‘, and the number of offi-
cers the board may recommend for promotion’’; 
(2) in section 258— 
(A) by inserting ‘‘(a) IN GENERAL.—’’ be-
fore ‘‘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 
pursuant to subsection (a), the Secretary may furnish 
the selection board— 
‘‘(A) specific direction relating to the needs 
of the Coast Guard for officers having particular 
skills, including direction relating to the need for 
a minimum number of officers with particular 
skills within a specialty; and
‘‘(B) any other guidance that the Secretary 
believes may be necessary to enable the board to 
properly perform its functions. 
‘‘(2) Selections made based on the direction and 
guidance provided under this subsection shall not ex-
ceed the maximum percentage of officers who may be 
selected from below the announced promotion zone at 
any given selection board convened under section 251 
of this title.’’; 
(3) in section 259(a), by inserting after ‘‘whom 
the board’’ the following: ‘‘, giving due consideration 
to the needs of the Coast Guard for officers with par-
ticular 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 ‘‘quali-
fied for promotion’’ the following: ‘‘to meet the needs 
of the service (as noted in specific direction furnished 
the board by the Secretary under section 258 of this 
title)’’. 
SEC. 213. COAST GUARD VESSELS AND AIRCRAFT. 
(a) AUTHORITY TO FIRE AT OR INTO A VESSEL.— 
Section 637(c) of title 14, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘; or’’ and in-
serting a semicolon;
SEC. 217. REPORT ON SEXUAL ASSAULTS IN THE COAST 
GUARD. 
(a) IN GENERAL.—Not later than January 15 of each 
year, the Commandant of the Coast Guard shall submit a 
report on the sexual assaults involving members of the Coast 
Guard to the Committee on Transportation and Infrastruc-
ture and the Committee on Homeland Security of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
(b) CONTENTS.—The report required under subsection 
(a) shall contain the following: 
(1) The number of sexual assaults against mem-
bers of the Coast Guard, and the number of sexual as-
saults by members of the Coast Guard, that were re-
ported to military officials during the year covered by 
such report, and the number of the cases so reported 
that were substantiated. 
(2) A synopsis of, and the disciplinary action 
taken in, each substantiated case. 
(3) The policies, procedures, and processes imple-
mented by the Secretary concerned during the year 
covered by such report in response to incidents of sex-
ual assault involving members of the Coast Guard 
concerned. 
(4) A plan for the actions that are to be taken 
in the year following the year covered by such report
on the prevention of and response to sexual assault 
involving members of the Coast Guard concerned. 
SEC. 218. HOME PORT OF COAST GUARD VESSELS IN GUAM. 
Section 96 of title 14, United States Code, is amend-
ed— 
(1) by striking ‘‘a State of the United States’’ 
and inserting ‘‘the United States or Guam’’; and 
(2) by inserting ‘‘or Guam’’ after ‘‘outside the 
United States’’. 
SEC. 219. SUPPLEMENTAL POSITIONING SYSTEM. 
Not later than 180 days after date of enactment of this 
Act, the Secretary of the department in which the Coast 
Guard is operating in consultation with the Commandant 
of the Coast Guard shall conclude their study of whether 
a single, domestic system is needed as a back-up navigation 
system to the Global Positioning System and notify the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate the results of 
such determination. 
SEC. 220. ASSISTANCE TO FOREIGN GOVERNMENTS AND 
MARITIME AUTHORITIES. 
Section 149 of title 14, United States Code, as amend-
ed by section 206, is further amended by adding at the end 
the following:
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) The Commandant may use funds for— 
‘‘(A) the activities of traveling contact 
teams, including any transportation expense, 
translation services expense, or administrative 
expense that is related to such activities; 
‘‘(B) the activities of maritime authority li-
aison teams of foreign governments making re-
ciprocal visits to Coast Guard units, including 
any transportation expense, translation services 
expense, or administrative expense that is related 
to such activities; 
‘‘(C) seminars and conferences involving 
members of maritime authorities of foreign gov-
ernments; 
‘‘(D) distribution of publications pertinent 
to engagement with maritime authorities of for-
eign governments; and 
‘‘(E) personnel expenses for Coast Guard ci-
vilian and military personnel to the extent that 
those expenses relate to participation in an ac-
tivity described in subparagraph (C) or (D). 
‘‘(2) An activity may not be conducted under 
this subsection with a foreign country unless the Sec-
retary of State approves the conduct of such activity 
in that foreign country.’’. 
SEC. 221. COAST GUARD HOUSING. 
(a) IN GENERAL.—Chapter 18 of title 14, United 
States Code, is amended— 
(1) in section 680— 
(A) by striking paragraphs (1), (2), and (3) 
and inserting the following new paragraphs: 
‘‘(1) The term ‘construct’ means to build, ren-
ovate, or improve military family housing and mili-
tary unaccompanied housing. 
‘‘(2) The term ‘construction’ means building, 
renovating, or improving military family housing 
and military unaccompanied housing.’’; and 
(B) by redesignating paragraphs (4) and 
(5) as paragraphs (3) and (4), respectively; 
(2) in section 681(a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘exercise any authority or any com-
bination of authorities provided under this chap-
ter in order to provide for the acquisition or con-
struction by private persons, including a small 
business concern qualified under section 8(a) of 
the Small Business Act (15 U.S.C. 637(a)), of
the following:’’ and inserting ‘‘acquire or con-
struct the following:’’; 
(B) in paragraph (1), by striking ‘‘Family 
housing units’’ and inserting ‘‘Military family 
housing’’; and 
(C) in paragraph (2), by striking ‘‘Unac-
companied housing units’’ and inserting ‘‘Mili-
tary unaccompanied housing’’; 
(3) by repealing sections 682, 683, and 684; 
(4) by amending section 685 to read as follows: 
‘‘§ 685. Conveyance of real property 
‘‘(a) CONVEYANCE
AUTHORIZED.—Notwithstanding 
any other provision of law, the Secretary may convey, at 
fair market value, real property, owned or under the ad-
ministrative control of the Coast Guard, for the purpose of 
expending the proceeds from such conveyance to acquire and 
construct military family housing and military unaccom-
panied housing. 
‘‘(b) TERMS AND CONDITIONS.— 
‘‘(1) The conveyance of real property under this 
section shall be by sale, for cash. The Secretary shall 
deposit the proceeds from the sale in the Coast Guard 
Housing Fund established under section 687 of this 
title, for the purpose of expending such proceeds to 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 capa-
bility of the Coast Guard with regard to military 
family housing or military unaccompanied housing. 
‘‘(c) RELATIONSHIP TO ENVIRONMENTAL LAW.—This 
section does not affect or limit the application of or obliga-
tion to comply with any environmental law, including sec-
tion 120(h) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9620(h)).’’; 
(5) by repealing section 686; 
(6) in section 687— 
(A) in subsection (b)— 
(i) in paragraph (2), by striking ‘‘or 
unaccompanied’’ and inserting ‘‘or military 
unaccompanied’’; 
(ii) in paragraph (3)— 
(I) by striking ‘‘or lease’’; 
(II) by striking ‘‘or facilities’’; 
and
(III) by striking ‘‘military family 
and’’ and inserting ‘‘military family 
housing and’’; and 
(iii) by repealing paragraph (4); 
(B) subsection (c), by amending paragraph 
(1) to read as follows:(1) In such amounts as 
provided in appropriations Acts, and except as 
provided in subsection (d), the Secretary may 
use amounts in the Coast Guard Housing Fund 
to carry out activities under this chapter with 
respect to military family housing and military 
unaccompanied housing, including— 
‘‘(A) the planning, execution, and adminis-
tration of the conveyance of real property; 
‘‘(B) all necessary expenses, including ex-
penses for environmental compliance and res-
toration, to prepare real property for convey-
ance; 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:
‘‘§ 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 
chapter executed during the prior calendar year.’’; and 
(9) by repealing section 689. 
(b) SAVINGS CLAUSE.—This section shall not affect 
any action commenced prior to the date of enactment of 
this Act. 
(c) CLERICAL AMENDMENT.—The chapter analysis at 
the beginning of such chapter is amended— 
(1) by striking the items relating to sections 682, 
683, 684, 686, 687a, and 689; and 
(2) by amending the item relating to section 685 
to read as follows: 
‘‘685. Conveyance of real property.’’. 
SEC. 222. CHILD DEVELOPMENT SERVICES. 
Section 515 of title 14, United States Code, is amend-
ed— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b)(1) The Commandant is authorized to use appro-
priated funds available to the Coast Guard to provide child 
development services.
‘‘(2)(A) The Commandant is authorized to establish, 
by regulations, fees to be charged parents for the attendance 
of children at Coast Guard child development centers. 
‘‘(B) Fees to be charged, pursuant to subparagraph 
(A), shall be based on family income, except that the 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 
available until expended for the purpose of providing serv-
ices, including the compensation of employees and the pur-
chase of consumable and disposable items, at Coast Guard 
child development centers. 
‘‘(3) The Commandant is authorized to use appro-
priated funds available to the Coast Guard to provide as-
sistance to family home daycare providers so that family 
home daycare services can be provided to uniformed service 
members and civilian employees of the Coast Guard at a 
cost comparable to the cost of services provided by Coast 
Guard child development centers.’’; 
(2) by repealing subsections (d) and (e); and 
(3) by redesignating subsections (f) and (g) as 
subsections (d) and (e), respectively.
SEC. 223. CHAPLAIN ACTIVITY EXPENSE. 
Section 145 of title 14, United States Code, is 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 Sec-
retary of the Navy pursuant to subsection (a)(4), the Sec-
retary may provide support services to chaplain-led pro-
grams to assist members of the Coast Guard on active duty 
and their dependents, and members of the reserve compo-
nent 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 component in an active status and their dependents, 
while participating in programs referred to in paragraph 
(1), including participation at retreats and conferences. 
‘‘(3) In this subsection, the term ‘dependents’ has the 
same meaning as defined in section 1072(2) of title 10.’’. 
SEC. 224. COAST GUARD CROSS; SILVER STAR MEDAL. 
(a) COAST GUARD CROSS.—Chapter 13 of title 14, 
United States Code, is amended by inserting after section 
491 the following new section: 
‘‘§ 491a. Coast Guard cross 
‘‘The President may award a Coast Guard cross of ap-
propriate design, with ribbons and appurtenances, to a per-
son who, while serving in any capacity with the Coast 
Guard, when the Coast Guard is not operating under the 
Department of the Navy, distinguishes himself or herself by 
extraordinary heroism not justifying the award of a medal 
of honor— 
‘‘(1) while engaged in an action against an 
enemy of the United States; 
‘‘(2) while engaged in military operations in-
volving conflict with an opposing foreign force or 
international terrorist organization; or 
‘‘(3) while serving with friendly foreign forces 
engaged in an armed conflict against an opposing
armed force in which the United States is not a bel-
ligerent party.’’. 
(b) SILVER STAR MEDAL.—Such chapter is further 
amended— 
(1) by striking the designation and heading of 
section 492a and inserting the following: 
‘‘§ 492b. Distinguished flying cross’’; 
and 
(2) by inserting after section 492 the following 
new section: 
‘‘§ 492a. Silver star medal 
‘‘The President may award a silver star medal of ap-
propriate design, with ribbons and appurtenances, to a per-
son who, while serving in any capacity with the Coast 
Guard, when the Coast Guard is not operating under the 
Department of the Navy, is cited for gallantry in action 
that does not warrant a medal of honor or Coast Guard 
cross— 
‘‘(1) while engaged in an action against an 
enemy of the United States; 
‘‘(2) while engaged in military operations in-
volving conflict with an opposing foreign force or 
international terrorist organization; or 
‘‘(3) while serving with friendly foreign forces 
engaged in an armed conflict against an opposing
armed force in which the United States is not a bel-
ligerent party.’’. 
(c) CONFORMING AMENDMENTS.—Such chapter is fur-
ther amended— 
(1) in section 494, by striking ‘‘distinguished 
service medal, distinguished flying cross,’’ and insert-
ing ‘‘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 serv-
ice medal, distinguished flying cross,’’ and in-
serting ‘‘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, distin-
guished service medal, silver star medal, distin-
guished flying cross,’’; and 
(3) in section 497, by striking ‘‘distinguished 
service medal, distinguished flying cross,’’ and insert-
ing ‘‘Coast Guard cross, distinguished service medal, 
silver star medal, distinguished flying cross,’’.
(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 
JURISDICTION. 
Section 7 of the Rivers and Harbors Appropriations 
Act of 1915 (33 U.S.C. 471) is amended— 
(1) by striking ‘‘That the’’ and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—The’’. 
(2) in subsection (a) (as designated by para-
graph (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-
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 
amended by adding at the end the following: 
‘‘(c) SIMPLE POSSESSION.— 
‘‘(1) IN GENERAL.—Any individual on a vessel 
subject to the jurisdiction of the United States who is 
found by the Secretary, after notice and an oppor-
tunity for a hearing, to have knowingly or inten-
tionally possessed a controlled substance within the 
meaning of the Controlled Substances Act (21 U.S.C. 
812) shall be liable to the United States for a civil 
penalty of not to exceed $5,000 for each violation. The 
Secretary shall notify the individual in writing of the 
amount of the civil penalty. 
‘‘(2) DETERMINATION
OF
AMOUNT.—In deter-
mining the amount of the penalty, the Secretary shall 
consider the nature, circumstances, extent, and grav-
ity of the prohibited acts committed and, with respect 
to the violator, the degree of culpability, any history 
of prior offenses, ability to pay, and other matters 
that justice requires.
‘‘(3) TREATMENT
OF
CIVIL
PENALTY
ASSESS-
MENT.—Assessment of a civil penalty under this sub-
section shall not be considered a conviction for pur-
poses of State or Federal law but may be considered 
proof of possession if such a determination is rel-
evant.’’. 
SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEAS-
UREMENT LAW. 
(a) DEFINITIONS.—Section 14101(4) of title 46, 
United States Code, is amended— 
(1) by striking ‘‘engaged’’ the first place it ap-
pears 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 ‘‘depart-
ing’’ and inserting ‘‘that departs’’; and 
(5) in subparagraph (D), by striking ‘‘making’’ 
and inserting ‘‘that makes’’.
(b) DELEGATION OF AUTHORITY.—Section 14103(c) of 
that title is amended by striking ‘‘intended to be engaged 
on’’ and inserting ‘‘that engages on’’. 
(c) APPLICATION.—Section 14301 of that title is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(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 govern-
ment 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 nation-
ality, or a vessel operated under the authority of 
the United States or Canada, and that is’’ after 
‘‘vessel’’; 
(C) in paragraph (4), by striking ‘‘a vessel 
(except a vessel engaged’’ and inserting ‘‘a vessel 
of United States registry or nationality, or one
‘‘(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 Conven-
tion does not apply, the Secretary shall prescribe 
a certificate to be issued as evidence of a vessel’s 
measurement under this chapter.’’; 
(B) in subsection (b), by inserting ‘‘issued 
under this section’’ after ‘‘certificate’’; and 
(C) in the section heading by striking 
‘‘International’’ and ‘‘(1969)’’. 
(2) MAINTENANCE.—Section 14503 of that title 
is amended— 
(A) by designating the existing text as 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 insert-
ing 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 reg-
istry or nationality, or a vessel operated under the author-
ity of the United States,’’. 
(g) APPLICATION.—Section 14501 of that title is 
amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) A vessel not measured under chapter 143 of 
this title if the application of an international agree-
ment or other law of the United States to the vessel 
depends on the vessel’s tonnage.’’; and 
(2) in paragraph (2), by striking ‘‘a vessel’’ and 
inserting ‘‘A vessel’’. 
(h) 
DUAL
TONNAGE
MEASUREMENT.—Section 
14513(c) of that title is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘vessel’s tonnage mark is 
below the uppermost part of the load line 
marks,’’ and inserting ‘‘vessel is assigned two
sets of gross and net tonnages under this sec-
tion,’’; 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 sec-
tion.’’. 
(i) RECIPROCITY
FOR
FOREIGN
VESSELS.—Sub-
chapter II of chapter 145 of that title is amended by adding 
at the end the following: 
‘‘§ 14514. Reciprocity for foreign vessels 
‘‘For a foreign vessel not measured under chapter 143, 
if the Secretary finds that the laws and regulations of a 
foreign country related to measurement of vessels are sub-
stantially similar to those of this chapter and the regula-
tions prescribed under this chapter, the Secretary may ac-
cept the measurement and certificate of a vessel of that for-
eign country as complying with this chapter and the regula-
tions prescribed 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 Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate— 
(1) a plan, including estimated costs, to ensure 
that the process for an application, by an individual 
who has, or has applied for, a transportation security 
card under section 70105 of title 46, United States 
Code, for a merchant mariner document can be com-
pleted entirely by mail; and 
(2) a report on the feasibility of, and a timeline 
to, redesign the merchant mariner document to com-
ply with the requirements of such section, including 
a biometric identifier, and all relevant international 
conventions, including the International Labour Or-
ganization Convention Number 185 concerning the 
seafarers identity document, and include a review on 
whether or not such redesign will eliminate the need 
for separate identity credentials and background 
screening and streamline the application process for 
mariners.
SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY 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 appli-
cations of existing technology for reducing air emis-
sions 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 tech-
nology 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 Committee on Transportation and Infrastructure and 
the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, 
and Transportation and the Committee on Environment 
and Public Works of the Senate. 
SEC. 306. PHASEOUT OF VESSELS SUPPORTING OIL AND 
GAS DEVELOPMENT. 
(a) IN GENERAL.—Notwithstanding section 12111(d) 
of title 46, United States Code, foreign-flag vessels may be 
chartered by, or on behalf of, a lessee to be employed for 
the setting, relocation, or recovery of anchors or other moor-
ing equipment of a mobile offshore drilling unit that is lo-
cated 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 Federal Register, that insufficient vessels docu-
mented under section 12111(d) of title 46, United 
States Code, are reasonably available and suitable for 
these support operations and all such reasonably 
available and suitable vessels are employed in support 
of such operations; and 
(2) for an additional period until such vessels 
are available if the Secretary of Transportation 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 docu-
mented under section 12111(d) of title 46,
United States Code, in sufficient numbers and 
with sufficient suitability to replace any foreign- 
flag vessel or vessels operating under this section; 
and 
(B) after publishing notice in the Federal 
Register, that insufficient vessels documented 
under section 12111(d) of title 46, United States 
Code, are reasonably available and suitable for 
these support operations and all such reasonably 
available and suitable vessels are employed in 
support of such operations. 
(b) EXPIRATION.—Irrespective of the year in which the 
commitment referred to in subsection (a)(2)(A) occurs, for-
eign-flag anchor handling vessels may not be employed for 
the setting, relocation, or recovery of anchors or other moor-
ing equipment of a mobile offshore drilling unit after De-
cember 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 giv-
ing 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 IMPLE-
MENTATION. 
(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 exe-
cute agreements to promote coordinated action among the 
United States, Russia, Canada, Iceland, Norway, and Den-
mark and other seafaring and Arctic nations to ensure, in 
the Arctic— 
(1) placement and maintenance of aids to navi-
gation; 
(2) appropriate marine safety, tug, and salvage 
capabilities; 
(3) oil spill prevention and response capability;
(4) maritime domain awareness, including long- 
range vessel tracking; and 
(5) search and rescue. 
(c) COORDINATION BY COMMITTEE ON THE MARITIME 
TRANSPORTATION SYSTEM.—The Committee on the 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 
transportation policies in the Arctic necessary to carry out 
the purpose of this section. 
(d) AGREEMENTS AND CONTRACTS.—The Secretary of 
the department in which the Coast Guard is operating may, 
subject to the availability of appropriations, enter into co-
operative agreements, contracts, or other agreements with, 
or make grants to individuals and governments to carry 
out the purpose of this section or any agreements established 
under subsection (b). 
(e) ICEBREAKING.—The Secretary of the department 
in which the Coast Guard is operating shall promote safe 
maritime navigation by means of icebreaking where nec-
essary, feasible, and effective to carry out the purposes of 
this section. 
(f) INDEPENDENT ICE BREAKER ANALYSES.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating 
shall require a nongovernmental, independent third 
party (other than the National Academy of Sciences) 
that has extensive experience in the analysis of mili-
tary 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 recapitalization needs, of— 
(i) rebuilding, renovating, or improv-
ing the existing fleet of polar icebreakers for 
operation by the Coast Guard; 
(ii) constructing new polar icebreakers 
for operation by the Coast Guard; 
(iii) construction of new polar ice-
breakers by the National Science Founda-
tion for operation by the Foundation; 
(iv) rebuilding, renovating, or improv-
ing the existing fleet of polar icebreakers by 
the National Science Foundation for oper-
ation by the Foundation; and 
(v) any combination of the activities 
described in clause (i), (ii), (iii), or (iv) to
carry out the missions of the Coast Guard 
and the National Science Foundation; and 
(B) conduct a comprehensive analysis of the 
impact on all Coast Guard activities, including 
operations, maintenance, procurements, and end 
strength, of the acquisition of polar icebreakers 
described in subparagraph (A) by the Coast 
Guard or the National Science Foundation as-
suming 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 de-
partment in which the Coast Guard is operating shall 
submit a report containing the results of the analyses 
required under paragraph (1), together with rec-
ommendations the Commandant considers appro-
priate under section 93(a)(24) of title 14, United 
States Code, to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of 
Representatives. 
(g) HIGH-LATITUDE STUDY.—Not later than 90 days 
after the date of enactment of this Act or the date of 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 re-
sponse and prevention, fisheries enforcement, and maritime 
commerce, whichever occurs later, the Commandant of the 
Coast Guard shall submit a report containing the results 
of the study, together with recommendations the Com-
mandant considers appropriate under section 93(a)(24) of 
title 14, United States Code, to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives. 
(h) ARCTIC DEFINITION.—In this section the term 
‘‘Arctic’’ has the same meaning as in section 112 of the 
Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). 
TITLE IV—ACQUISITION REFORM 
SEC. 401. CHIEF ACQUISITION OFFICER. 
(a) IN GENERAL.—Chapter 3 of title 14, United States 
Code, is further amended by adding at the end the following: 
‘‘§ 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 Ac-
quisition Officer shall serve at the Assistant Commandant
level and have acquisition management as that individual’s 
primary duty. 
‘‘(b) QUALIFICATIONS.— 
‘‘(1) The Chief Acquisition Officer and any flag 
officer serving in the Acquisition Directorate shall be 
an acquisition professional with a Level III acquisi-
tion management certification and must have at least 
10 years experience in an acquisition position, of 
which at least 4 years were spent as— 
‘‘(A) the program executive officer; 
‘‘(B) the program manager of a Level 1 or 
Level 2 acquisition project or program; 
‘‘(C) the deputy program manager of a 
Level 1 or Level 2 acquisition; 
‘‘(D) the project manager of a Level 1 or 
Level 2 acquisition; or 
‘‘(E) any other acquisition position of sig-
nificant responsibility in which the primary du-
ties are supervisory or management duties. 
‘‘(2) The Commandant shall periodically publish 
a list of the positions designated under paragraph 
(1). 
‘‘(3) In this subsection each of the terms ‘Level 
1 acquisition’ and ‘Level 2 acquisition’ has the mean-
ing 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 Com-
mandant, through the chain of command, regarding 
the appropriate business strategy to achieve the mis-
sions of the Coast Guard; 
‘‘(2) maximizing the use of full and open com-
petition at the prime contract and subcontract levels 
in the acquisition of property, capabilities, assets, 
and services by the Coast Guard by establishing poli-
cies, procedures, and practices that ensure that the 
Coast Guard receives a sufficient number of sealed 
bids or competitive proposals from responsible sources 
to fulfill the Government’s requirements, including 
performance and delivery schedules, at the lowest cost 
or best value considering the nature of the property, 
capability, asset, or service procured; 
‘‘(3) making acquisition decisions in concurrence 
with the technical authority, or technical authorities, 
of the Coast Guard, as designated by the Com-
mandant, consistent with all other applicable laws
and decisions establishing procedures within the 
Coast Guard; 
‘‘(4) ensuring the use of detailed performance 
specifications in instances in which performance- 
based contracting is used; 
‘‘(5) managing the direction of acquisition policy 
for the Coast Guard, including implementation of the 
unique acquisition policies, regulations, and stand-
ards of the Coast Guard; 
‘‘(6) developing and maintaining an acquisition 
career management program in the Coast Guard to 
ensure that there is an adequate acquisition work-
force; 
‘‘(7) assessing the requirements established for 
Coast Guard personnel regarding knowledge and skill 
in acquisition resources and management and the 
adequacy of such requirements for facilitating the 
achievement of the performance goals established for 
acquisition management; 
‘‘(8) developing strategies and specific plans for 
hiring, training, and professional development; and 
‘‘(9) reporting to the Commandant, through the 
chain of command, on the progress made in improv-
ing acquisition management capability.’’.
(b) CLERICAL AMENDMENT.—The table of contents for 
chapter 3 of title 14, United States Code, is amended by 
adding at the end the following: 
‘‘56. Chief Acquisition Officer.’’. 
(c) SELECTION DEADLINE.—As soon as practicable 
after the date of enactment of this Act, but no later than 
October 1, 2011, the Commandant of the Coast Guard shall 
select a Chief Acquisition Officer under section 56 of title 
14, United States Code, as amended by this section. 
(d) SPECIAL RATE SUPPLEMENTS.— 
(1) REQUIREMENT
TO
ESTABLISH.—Not later 
than 1 year after the date of enactment of this Act 
and in accordance with part 9701.333 of title 5, Code 
of Federal Regulations, the Commandant of the Coast 
Guard shall establish special rate supplements that 
provide higher pay levels for employees necessary to 
carry out the amendment made by this section. 
(2) SUBJECT TO APPROPRIATIONS.—The require-
ment under paragraph (1) is subject to the avail-
ability 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 dis-
pute 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 fol-
lowing: 
‘‘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 agen-
cy. 
‘‘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 guidance and oversight for the implementation and
management of all Coast Guard acquisition processes, pro-
grams, 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 
performance, and create a safe working environment; 
and 
‘‘(2) to assist in the development of a workforce 
that is trained and qualified to further the Coast 
Guard’s missions and deliver the best-value products 
and services to the Nation. 
‘‘§ 562. Improvements in Coast Guard acquisition 
management 
‘‘(a) PROJECT OR PROGRAM MANAGERS.— 
‘‘(1) LEVEL 1 PROJECTS.—An individual may 
not be assigned as the project or program manager for 
a Level 1 acquisition unless the individual holds a 
Level III acquisition certification as a program man-
ager. 
‘‘(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 man-
ager.
‘‘(b) GUIDANCE ON TENURE AND ACCOUNTABILITY OF 
PROGRAM AND PROJECT MANAGERS.— 
‘‘(1) ISSUANCE OF GUIDANCE.—Not later than 
one year after the date of enactment of the Coast 
Guard Authorization Act for Fiscal Years 2010 and 
2011, the Commandant shall issue guidance to ad-
dress the qualifications, resources, responsibilities, 
tenure, and accountability of program and project 
managers for the management of acquisition projects 
and programs. The guidance shall address, at a min-
imum— 
‘‘(A) the qualifications required for project 
or program managers, including the number of 
years of acquisition experience and the profes-
sional training levels to be required of those ap-
pointed to project or program management posi-
tions; 
‘‘(B) authorities available to project or pro-
gram managers, including, to the extent appro-
priate, the authority to object to the addition of 
new program requirements that would be incon-
sistent with the parameters established for an ac-
quisition program; and 
‘‘(C) the extent to which a project or pro-
gram manager who initiates a new acquisition
project or program will continue in management 
of that project or program without interruption 
until the delivery of the first production units of 
the program. 
‘‘(2) STRATEGY.— 
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this sec-
tion, the Commandant shall develop a com-
prehensive strategy for enhancing the role of 
Coast Guard project or program managers in de-
veloping and carrying out acquisition programs. 
‘‘(B) MATTERS
TO
BE
ADDRESSED.—The 
strategy required by this section shall address, at 
a minimum— 
‘‘(i) the creation of a specific career 
path and career opportunities for individ-
uals who are or may become project or pro-
gram managers, including the rotational 
assignments that will be provided to project 
or program managers; 
‘‘(ii) the provision of enhanced train-
ing and educational opportunities for indi-
viduals who are or may become project or 
program managers;
‘‘(1) IN GENERAL.—The Commandant shall des-
ignate a sufficient number of positions to be in the 
Coast Guard’s acquisition workforce to perform acqui-
sition-related functions at Coast Guard headquarters 
and field activities. 
‘‘(2) REQUIRED POSITIONS.—In designating po-
sitions under subsection (a), the Commandant shall 
include, at a minimum, positions encompassing the 
following competencies and functions: 
‘‘(A) Program management. 
‘‘(B) Systems planning, research, develop-
ment, engineering, and testing. 
‘‘(C) Procurement, including contracting. 
‘‘(D) Industrial and contract property man-
agement. 
‘‘(E) Life-cycle logistics. 
‘‘(F) Quality control and assurance. 
‘‘(G) Manufacturing and production. 
‘‘(H) Business, cost estimating, financial 
management, and auditing. 
‘‘(I) Acquisition education, training, and 
career development. 
‘‘(J) Construction and facilities engineer-
ing. 
‘‘(K) Testing and evaluation.
‘‘(3) ACQUISITION MANAGEMENT HEADQUARTER 
ACTIVITIES.—The Commandant shall also designate 
as positions in the acquisition workforce under para-
graph (1) those acquisition-related positions located 
at Coast Guard headquarters units. 
‘‘(4) APPROPRIATE EXPERTISE REQUIRED.—The 
Commandant shall ensure that each individual as-
signed to a position in the acquisition workforce has 
the appropriate expertise to carry out the responsibil-
ities of that position. 
‘‘(d) MANAGEMENT INFORMATION SYSTEM.— 
‘‘(1) IN GENERAL.—The Commandant shall es-
tablish a management information system capability 
to improve acquisition workforce management and re-
porting. 
‘‘(2) INFORMATION
MAINTAINED.—Information 
maintained with such capability shall include the fol-
lowing standardized information on individuals as-
signed to positions in the workforce: 
‘‘(A) Qualifications, assignment history, 
and tenure of those individuals assigned to posi-
tions in the acquisition workforce or holding ac-
quisition-related certifications.
‘‘(B) Promotion rates for officers and mem-
bers of the Coast Guard in the acquisition work-
force. 
‘‘(e) REPORT ON ADEQUACY OF ACQUISITION WORK-
FORCE.— 
‘‘(1) IN GENERAL.—The Commandant shall re-
port to the appropriate congressional committees and 
the Committee on Homeland Security of the House of 
Representatives by July 1 of each year on the scope 
of the acquisition activities to be performed in the 
next fiscal year and on the adequacy of the current 
acquisition workforce to meet that anticipated work-
load. 
‘‘(2) CONTENTS.—The report shall— 
‘‘(A) specify the number of officers, mem-
bers, and employees of the Coast Guard currently 
and planned to be assigned to each position des-
ignated under subsection (c); and 
‘‘(B) identify positions that are understaffed 
to meet the anticipated acquisition workload, 
and actions that will be taken to correct such 
understaffing. 
‘‘(f) APPOINTMENTS TO ACQUISITION POSITIONS.—The 
Commandant shall ensure that no requirement or preference 
for officers or members of the Coast Guard is used in the
consideration of persons for positions in the acquisition 
workforce. 
‘‘(g) CAREER PATHS.— 
‘‘(1) IDENTIFICATION OF CAREER PATHS.—To es-
tablish acquisition management as a core competency 
of the Coast Guard, the Commandant shall— 
‘‘(A) ensure that career paths for officers, 
members, and employees of the Coast Guard who 
wish to pursue careers in acquisition are identi-
fied in terms of the education, training, experi-
ence, and assignments necessary for career pro-
gression of those officers, members, and employ-
ees to the most senior positions in the acquisition 
workforce; and 
‘‘(B) publish information on such career 
paths. 
‘‘(2) PROMOTION
PARITY.—The Commandant 
shall ensure that promotion parity is established for 
officers and members of the Coast Guard who have 
been assigned to the acquisition workforce relative to 
officers and members who have not been assigned to 
the acquisition workforce.
‘‘§ 563. Recognition of Coast Guard personnel for ex-
cellence in acquisition 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of the Coast Guard Authorization Act for 
Fiscal Years 2010 and 2011, the Commandant shall com-
mence implementation of a program to recognize excellent 
performance by individuals and teams comprised of officers, 
members, and employees of the Coast Guard that contrib-
uted to the long-term success of a Coast Guard acquisition 
project or program. 
‘‘(b) ELEMENTS.—The program shall include— 
‘‘(1) specific award categories, criteria, and eli-
gibility and manners of recognition; 
‘‘(2) procedures for the nomination by personnel 
of the Coast Guard of individuals and teams com-
prised of officers, members, and employees of the 
Coast Guard for recognition under the program; and 
‘‘(3) procedures for the evaluation of nomina-
tions for recognition under the program by one or 
more panels of individuals from the Government, aca-
demia, and the private sector who have such expertise 
and are appointed in such manner as the Com-
mandant shall establish for the purposes of this pro-
gram. 
‘‘(c) AWARD OF CASH BONUSES.—As part of the pro-
gram required by subsection (a), the Commandant, subject
to the availability of appropriations, may award to any 
civilian employee recognized pursuant to the program a 
cash bonus to the extent that the performance of such indi-
vidual so recognized warrants the award of such bonus. 
‘‘§ 564. Prohibition on use of lead systems integrators 
‘‘(a) IN GENERAL.— 
‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex-
cept as provided in subsection (b), the Commandant 
may not use a private sector entity as a lead systems 
integrator for an acquisition contract awarded or de-
livery order or task order issued after the date of en-
actment of the Coast Guard Authorization Act for 
Fiscal Years 2010 and 2011. 
‘‘(2) FULL AND OPEN COMPETITION.—The Com-
mandant and any lead systems integrator engaged by 
the Coast Guard, pursuant to the exceptions described 
in subsection (b), shall use full and open competition 
for any acquisition contract awarded after the date of 
enactment of that Act, unless otherwise excepted in 
accordance with Federal acquisition laws and regula-
tions promulgated under those laws, including the 
Federal Acquisition Regulation. 
‘‘(3) NO EFFECT ON SMALL BUSINESS ACT.— 
Nothing in this subsection shall be construed to super-
sede or otherwise affect the authorities provided by
and under the Small Business Act (15 U.S.C. 631 et 
seq.). 
‘‘(b) EXCEPTIONS.— 
‘‘(1) NATIONAL DISTRESS AND RESPONSE SYS-
TEM MODERNIZATION PROGRAM; C4ISR; NATIONAL SE-
CURITY
CUTTERS
AND
3.—Notwithstanding sub-
section (a), the Commandant may use a private sec-
tor entity as a lead systems integrator for the Coast 
Guard to complete the National Distress and Re-
sponse System Modernization Program (otherwise 
known as the ‘Rescue 21’ program), the C4ISR 
projects directly related to the Integrated Deepwater 
program, and National Security Cutters 2 and 3, if 
the Secretary of the department in which the Coast 
Guard is operating certifies that— 
‘‘(A) the acquisition is in accordance with 
Federal law and the Federal Acquisition Regula-
tion; and 
‘‘(B) the acquisition and the use of a pri-
vate sector lead systems integrator for the acqui-
sition is in the best interest of the Federal Gov-
ernment. 
‘‘(2) REPORT ON DECISIONMAKING PROCESS.—If 
the Commandant uses a private sector lead systems 
integrator for an acquisition, the Commandant shall
notify in writing the appropriate congressional com-
mittees of the Commandant’s determination and shall 
provide to such committees a detailed rationale for 
the determination, at least 30 days before the award 
of a contract or issuance of a delivery order or task 
order, using a private sector lead systems integrator, 
including a comparison of the cost of the acquisition 
through the private sector lead systems integrator 
with the expected cost if the acquisition were awarded 
directly to the manufacturer or shipyard. For pur-
poses of that comparison, the cost of award directly 
to a manufacturer or shipyard shall include the costs 
of Government contract management and oversight. 
‘‘(c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.— 
Neither an entity performing lead systems integrator func-
tions for a Coast Guard acquisition nor a Tier 1 subcon-
tractor for any acquisition may have a financial interest 
in a subcontractor below the Tier 1 subcontractor level un-
less— 
‘‘(1) the subcontractor was selected by the prime 
contractor through full and open competition for such 
procurement; 
‘‘(2) the procurement was awarded by the lead 
systems integrator or a subcontractor through full and 
open competition;
‘‘(3) the procurement was awarded by a subcon-
tractor through a process over which the lead systems 
integrator and a Tier 1 subcontractor exercised no 
control; or 
‘‘(4) the Commandant has determined that the 
procurement was awarded in a manner consistent 
with Federal acquisition laws and regulations pro-
mulgated under those laws, including the Federal Ac-
quisition Regulation. 
‘‘(d) TERMINATION DATE FOR EXCEPTIONS.—Except 
as described in subsection (b)(1), the Commandant may not 
use a private sector entity as a lead systems integrator for 
acquisition contracts awarded, or task orders or delivery 
orders issued, after the earlier of— 
‘‘(1) September 30, 2011; or 
‘‘(2) the date on which the Commandant certifies 
in writing to the appropriate congressional commit-
tees that the Coast Guard has available and can re-
tain sufficient acquisition workforce personnel and ex-
pertise within the Coast Guard, through an arrange-
ment with other Federal agencies, or through con-
tracts or other arrangements with private sector enti-
ties, to perform the functions and responsibilities of 
the lead systems integrator in an efficient and cost- 
effective manner.
‘‘§ 565. Required contract terms 
‘‘(a) IN GENERAL.—The Commandant shall ensure 
that a contract awarded or a delivery order or task order 
issued for an acquisition of a capability or an asset with 
an expected service life of 10 or more years and with a total 
acquisition cost that is equal to or exceeds $10,000,000 
awarded or issued by the Coast Guard after the date of en-
actment of the Coast Guard Authorization Act for Fiscal 
Years 2010 and 2011— 
‘‘(1) provides that all certifications for an end- 
state capability or asset under such contract, delivery 
order, or task order, respectively, will be conducted by 
the Commandant or an independent third party, and 
that self-certification by a contractor or subcontractor 
is not allowed; 
‘‘(2) provides that the Commandant shall main-
tain the authority to establish, approve, and main-
tain technical requirements; 
‘‘(3) requires that any measurement of contractor 
and subcontractor performance be based on the status 
of all work performed, including the extent to which 
the work performed met all performance, cost, and 
schedule requirements; 
‘‘(4) specifies that, for the acquisition or upgrade 
of air, surface, or shore capabilities and assets for 
which compliance with TEMPEST certification is a
requirement, the standard for determining such com-
pliance 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 gen-
eral Atlantic and North Pacific Sea conditions, max-
imum range, and maximum speed the cutter will be 
built to achieve. 
‘‘(b) PROHIBITED PROVISIONS.— 
‘‘(1) IN GENERAL.—The Commandant shall en-
sure that any contract awarded or delivery order or 
task order issued by the Coast Guard after the date 
of enactment of the Coast Guard Authorization Act of 
2010 does not include any provision allowing for eq-
uitable adjustment that is not consistent with the 
Federal Acquisition Regulations. 
‘‘(2) EXTENSION OF PROGRAM.—A contract, con-
tract modification, or award term extending a con-
tract with a lead systems integrator— 
‘‘(A) may not include any minimum re-
quirements for the purchase of a given or deter-
minable number of specific capabilities or assets; 
and
‘‘(B) shall be reviewed by an independent 
third party with expertise in acquisition man-
agement, and the results of that review shall be 
submitted to the appropriate congressional com-
mittees at least 60 days prior to the award of the 
contract, contract modification, or award term. 
‘‘(c) INTEGRATED PRODUCT TEAMS.—Integrated prod-
uct teams, and all teams that oversee integrated product 
teams, shall be chaired by officers, members, or employees 
of the Coast Guard. 
‘‘(d) TECHNICAL
AUTHORITY.—The Commandant 
shall maintain or designate the technical authority to estab-
lish, approve, and maintain technical requirements. Any 
such designation shall be made in writing and may not 
be delegated to the authority of the Chief Acquisition Officer 
established by section 56 of this title. 
‘‘§ 566. Department of Defense consultation 
‘‘(a) IN GENERAL.—The Commandant shall make ar-
rangements as appropriate with the Secretary of Defense 
for support in contracting and management of Coast Guard 
acquisition programs. The Commandant shall also seek op-
portunities to make use of Department of Defense contracts, 
and contracts of other appropriate agencies, to obtain the 
best possible price for assets acquired for the Coast Guard.
‘‘(b) INTERSERVICE TECHNICAL ASSISTANCE.—The 
Commandant shall seek to enter into a memorandum of un-
derstanding or a memorandum of agreement with the Sec-
retary of the Navy to obtain the assistance of the Office of 
the Assistant Secretary of the Navy for Research, Develop-
ment, and Acquisition, including the Navy Systems Com-
mand, with the oversight of Coast Guard major acquisition 
programs. The memorandum of understanding or memo-
randum of agreement shall, at a minimum, provide for— 
‘‘(1) the exchange of technical assistance and 
support that the Assistant Commandants for Acquisi-
tion, Human Resources, Engineering, and Informa-
tion technology may identify; 
‘‘(2) the use, as appropriate, of Navy technical 
expertise; and 
‘‘(3) the temporary assignment or exchange of 
personnel between the Coast Guard and the Office of 
the Assistant Secretary of the Navy for Research, De-
velopment, and Acquisition, including Naval Systems 
Command, to facilitate the development of organic ca-
pabilities in the Coast Guard. 
‘‘(c) TECHNICAL REQUIREMENT APPROVAL PROCE-
DURES.—The Chief Acquisition Officer shall adopt, to the 
extent practicable, procedures modeled after those used by
the Navy Senior Acquisition Official to approve all tech-
nical requirements. 
‘‘(d) ASSESSMENT.—Within 180 days after the date of 
enactment of the Coast Guard Authorization Act for fiscal 
years 2010 and 2011, the Comptroller General of the United 
States shall transmit a report to the appropriate congres-
sional committees that— 
‘‘(1) contains an assessment of current Coast 
Guard acquisition and management capabilities to 
manage Level 1 and Level 2 acquisitions; 
‘‘(2) includes recommendations as to how the 
Coast Guard can improve its acquisition manage-
ment, either through internal reforms or by seeking 
acquisition expertise from the Department of Defense; 
and 
‘‘(3) addresses specifically the question of wheth-
er the Coast Guard can better leverage Department of 
Defense or other agencies’ contracts that would meet 
the needs of Level 1 or Level 2 acquisitions in order 
to obtain the best possible price. 
‘‘§ 567. Undefinitized contractual actions 
‘‘(a) IN GENERAL.—The Coast Guard may not enter 
into an undefinitized contractual action unless such action 
is directly approved by the Head of Contracting Activity 
of the Coast Guard.
‘‘(b) REQUESTS FOR UNDEFINITIZED CONTRACTUAL 
ACTIONS.—Any request to the Head of Contracting Activity 
for approval of an undefinitized contractual action shall 
include a description of the anticipated effect on require-
ments of the Coast Guard if a delay is incurred for the 
purposes of determining contractual terms, specifications, 
and price before performance is begun under the contractual 
action. 
‘‘(c) REQUIREMENTS FOR UNDEFINITIZED CONTRAC-
TUAL ACTIONS.— 
‘‘(1) DEADLINE
FOR
AGREEMENT
ON
TERMS, 
SPECIFICATIONS, AND PRICE.—A contracting officer of 
the Coast Guard may not enter into an undefinitized 
contractual action unless the contractual action pro-
vides for agreement upon contractual terms, specifica-
tion, and price by the earlier of— 
‘‘(A) the end of the 180-day period begin-
ning on the date on which the contractor submits 
a qualifying proposal to definitize the contrac-
tual terms, specifications, and price; or 
‘‘(B) the date on which the amount of funds 
obligated under the contractual action is equal to 
more than 50 percent of the negotiated overall 
ceiling price for the contractual action. 
‘‘(2) LIMITATION ON OBLIGATIONS.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the contracting officer for an 
undefinitized contractual action may not obli-
gate under such contractual action an amount 
that exceeds 50 percent of the negotiated overall 
ceiling price until the contractual terms, speci-
fications, and price are definitized for such con-
tractual action. 
‘‘(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), if a contractor submits a quali-
fying proposal to definitize an undefinitized con-
tractual action before an amount that exceeds 50 
percent of the negotiated overall ceiling price is 
obligated on such action, the contracting officer 
for such action may not obligate with respect to 
such contractual action an amount that exceeds 
75 percent of the negotiated overall ceiling price 
until the contractual terms, specifications, and 
price are definitized for such contractual action. 
‘‘(3) WAIVER.—The Commandant may waive the 
application of this subsection with respect to a con-
tract if the Commandant determines that the waiver 
is necessary to support— 
‘‘(A) a contingency operation (as that term 
is defined in section 101(a)(13) of title 10);
‘‘(B) operations to prevent or respond to a 
transportation security incident (as defined in 
section 70101(6) of title 46); 
‘‘(C) an operation in response to an emer-
gency that poses an unacceptable threat to 
human health or safety or to the marine environ-
ment; or 
‘‘(D) an operation in response to a natural 
disaster or major disaster or emergency des-
ignated by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.). 
‘‘(4) LIMITATION
ON
APPLICATION.—This sub-
section does not apply to an undefinitized contractual 
action for the purchase of initial spares. 
‘‘(d) INCLUSION OF NONURGENT REQUIREMENTS.— 
Requirements for spare parts and support equipment that 
are not needed on an urgent basis may not be included in 
an undefinitized contractual action by the Coast Guard for 
spare parts and support equipment that are needed on an 
urgent basis unless the Commandant approves such inclu-
sion as being— 
‘‘(1) good business practice; and 
‘‘(2) in the best interests of the United States.
‘‘(e) MODIFICATION
OF SCOPE.—The scope of an 
undefinitized contractual action under which performance 
has begun may not be modified unless the Commandant ap-
proves such modification as being— 
‘‘(1) good business practice; and 
‘‘(2) in the best interests of the United States. 
‘‘(f) ALLOWABLE PROFIT.—The Commandant shall en-
sure that the profit allowed on an undefinitized contractual 
action for which the final price is negotiated after a sub-
stantial portion of the performance required is completed 
reflects— 
‘‘(1) the possible reduced cost risk of the con-
tractor with respect to costs incurred during perform-
ance of the contract before the final price is nego-
tiated; and 
‘‘(2) the reduced cost risk of the contractor with 
respect to costs incurred during performance of the re-
maining portion of the contract. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) UNDEFINITIZED CONTRACTUAL ACTION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘undefinitized con-
tractual action’ means a new procurement action 
entered into by the Coast Guard for which the 
contractual terms, specifications, or price are not
agreed upon before performance is begun under 
the action. 
‘‘(B) EXCLUSION.—The term ‘undefinitized 
contractual action’ does not include contractual 
actions with respect to— 
‘‘(i) foreign military sales; 
‘‘(ii) purchases in an amount not in 
excess of the amount of the simplified acqui-
sition threshold; or 
‘‘(iii) special access programs. 
‘‘(2) QUALIFYING PROPOSAL.—The term ‘‘quali-
fying proposal’ means a proposal that contains suffi-
cient information to enable complete and meaningful 
audits of the information contained in the proposal as 
determined by the contracting officer. 
‘‘§ 568. Guidance on excessive pass-through charges 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of the Coast Guard Authorization Act for 
Fiscal Years 2010 and 2011, the Commandant shall issue 
guidance to ensure that pass-through charges on contracts, 
subcontracts, delivery orders, and task orders that are en-
tered into with a private entity acting as a lead systems 
integrator by or on behalf of the Coast Guard are not exces-
sive in relation to the cost of work performed by the relevant
contractor or subcontractor. The guidance shall, at a min-
imum— 
‘‘(1) set forth clear standards for determining 
when no, or negligible, value has been added to a con-
tract by a contractor or subcontractor; 
‘‘(2) set forth procedures for preventing the pay-
ment by the Government of excessive pass-through 
charges; and 
‘‘(3) identify any exceptions determined by the 
Commandant to be in the best interest of the Govern-
ment. 
‘‘(b) 
EXCESSIVE
PASS-THROUGH
CHARGE
DE-
FINED.—In this section the term ‘excessive pass-through 
charge’, with respect to a contractor or subcontractor that 
adds no, or negligible, value to a contract or subcontract, 
means a charge to the Government by the contractor or sub-
contractor that is for overhead or profit on work performed 
by a lower tier contractor or subcontractor, other than rea-
sonable charges for the direct costs of managing lower tier 
contractors and subcontracts and overhead and profit based 
on such direct costs. 
‘‘(c) APPLICATION
OF
GUIDANCE.—The guidance 
under this subsection shall apply to contracts awarded to 
a private entity acting as a lead systems integrator by or 
on behalf of the Coast Guard on or after the date that is
360 days after the date of enactment of the Coast Guard 
Authorization Act for Fiscal Years 2010 and 2011. 
‘‘§ 569. Report on former Coast Guard officials em-
ployed by contractors to the agency 
‘‘(a) REPORT REQUIRED.—Not later than December 
31, 2011, and annually thereafter, the Comptroller General 
of the United States shall submit a report to the appro-
priate congressional committees on the employment during 
the preceding year by Coast Guard contractors of individ-
uals who were Coast Guard officials in the previous 5-year 
period. The report shall assess the extent to which former 
Coast Guard officials were provided compensation by Coast 
Guard contractors in the preceding calendar year. 
‘‘(b) OBJECTIVES OF REPORT.—At a minimum, the 
report required by this section shall assess the extent to 
which former Coast Guard officials who receive compensa-
tion from Coast Guard contractors have been assigned by 
those contractors to work on contracts or programs between 
the contractor and the Coast Guard, including contracts or 
programs for which the former official personally had over-
sight responsibility or decisionmaking authority when they 
served in or worked for the Coast Guard. 
‘‘(c) CONFIDENTIALITY REQUIREMENT.—The report 
required by this subsection shall not include the names of
the former Coast Guard officials who receive compensation 
from Coast Guard contractors. 
‘‘(d) ACCESS TO INFORMATION.—A Coast Guard con-
tractor shall provide the Comptroller General access to in-
formation requested by the Comptroller General for the pur-
pose of conducting the study required by this section. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) COAST
GUARD
CONTRACTOR.—The term 
‘Coast Guard contractor’ includes any person that re-
ceived at least $10,000,000 in contractor awards from 
the Coast Guard in the calendar year covered by the 
annual report. 
‘‘(2) COAST GUARD OFFICIAL.—The term ‘Coast 
Guard official’ includes former officers of the Coast 
Guard who were compensated at a rate of pay for 
grade O–7 or above during the calendar year prior to 
the date on which they separated from the Coast 
Guard, and former civilian employees of the Coast 
Guard who served at any Level of the Senior Execu-
tive Service under subchapter VIII of chapter 53 of 
title 5, United States Code, during the calendar year 
prior to the date on which they separated from the 
Coast Guard.
‘‘SUBCHAPTER II—IMPROVED ACQUISITION 
PROCESS AND PROCEDURES 
‘‘§ 571. Identification of major system acquisitions 
‘‘(a) IN GENERAL.— 
‘‘(1) SUPPORT MECHANISMS.—The Commandant 
shall develop and implement mechanisms to support 
the establishment of mature and stable operational re-
quirements for all acquisitions. 
‘‘(2) MISSION ANALYSIS; AFFORDABILITY ASSESS-
MENT.—The Commandant may not initiate a Level 1 
or Level 2 acquisition project or program until the 
Commandant— 
‘‘(A) completes a mission analysis that— 
‘‘(i) identifies the specific capability 
gaps to be addressed by the project or pro-
gram; and 
‘‘(ii) develops a clear mission need to 
be addressed by the project or program; and 
‘‘(B) prepares a preliminary affordability 
assessment for the project or program. 
‘‘(b) ELEMENTS.— 
‘‘(1) REQUIREMENTS.—The mechanisms required 
by subsection (a) shall ensure the implementation of 
a formal process for the development of a mission- 
needs statement, concept-of-operations document, ca-
pability development plan, and resource proposal for 
the initial project or program funding, and shall en-
sure the project or program is included in the Coast 
Guard Capital Investment Plan. 
‘‘(2) ASSESSMENT
OF
TRADE-OFFS.—In con-
ducting an affordability assessment under subsection 
(a)(2)(B), the Commandant shall develop and imple-
ment mechanisms to ensure that trade-offs among 
cost, schedule, and performance are considered in the 
establishment of preliminary operational require-
ments for development and production of new assets 
and capabilities for Level 1 and Level 2 acquisitions 
projects and programs. 
‘‘(c) HUMAN RESOURCE CAPITAL PLANNING.—The 
Commandant shall develop staffing predictions, define 
human capital performance initiatives, and identify pre-
liminary training needs required to implement each Level 
1 and Level 2 acquisition project and program. 
‘‘§ 572. Acquisition 
‘‘(a) IN GENERAL.—The Commandant may not estab-
lish a Level 1 or Level 2 acquisition project or program 
until the Commandant— 
‘‘(1) clearly defines the operational requirements 
for the project or program; 
‘‘(2) establishes the feasibility of alternatives;
‘‘(3) develops an acquisition project or program 
baseline; 
‘‘(4) produces a life-cycle cost estimate; and 
‘‘(5) assesses the relative merits of alternatives to 
determine a preferred solution in accordance with the 
requirements of this section. 
‘‘(b) SUBMISSION REQUIRED BEFORE PROCEEDING.— 
Any Coast Guard Level 1 or Level 2 acquisition project or 
program may not begin to obtain any capability or asset 
or proceed beyond that phase of its development that entails 
approving the supporting acquisition until the Com-
mandant submits to the appropriate congressional commit-
tees the following: 
‘‘(1) The key performance parameters, the key 
system attributes, and the operational performance 
attributes of the capability or asset to be acquired 
under the proposed acquisition project or program. 
‘‘(2) A detailed list of the systems or other capa-
bilities with which the capability or asset to be ac-
quired is intended to be interoperable, including an 
explanation of the attributes of interoperability. 
‘‘(3) The anticipated acquisition project or pro-
gram baseline and acquisition unit cost for the capa-
bility or asset to be acquired under the project or pro-
gram.
‘‘(4) A detailed schedule for the acquisition proc-
ess showing when all capability and asset acquisitions 
are to be completed and when all acquired capabili-
ties and assets are to be initially and fully deployed. 
‘‘(c) ANALYSIS OF ALTERNATIVES.— 
‘‘(1) IN GENERAL.—The Coast Guard may not 
acquire an experimental or technically immature ca-
pability or asset or implement a Level 1 or Level 2 
acquisition project or program, unless it has prepared 
an analysis of alternatives for the capability or asset 
to be acquired in the concept and technology develop-
ment phase of the acquisition process for the capa-
bility or asset. 
‘‘(2) REQUIREMENTS.—The analysis of alter-
natives shall be prepared by a federally funded re-
search and development center, a qualified entity of 
the Department of Defense, or a similar independent 
third-party entity that has appropriate acquisition 
expertise and has no financial interest in any part of 
the acquisition project or program that is the subject 
of the analysis. At a minimum, the analysis of alter-
natives shall include— 
‘‘(A) an assessment of the technical matu-
rity of the capability or asset, and technical and 
other risks;
‘‘(B) an examination of capability, inter-
operability, and other advantages and disadvan-
tages; 
‘‘(C) an evaluation of whether different 
combinations or quantities of specific assets or 
capabilities could meet the Coast Guard’s overall 
performance needs; 
‘‘(D) a discussion of key assumptions and 
variables, and sensitivity to change in such as-
sumptions and variables; 
‘‘(E) when an alternative is an existing ca-
pability, asset, or prototype, an evaluation of 
relevant safety and performance records and 
costs; 
‘‘(F) a calculation of life-cycle costs includ-
ing— 
‘‘(i) an examination of likely research 
and development costs and the levels of un-
certainty associated with such estimated 
costs; 
‘‘(ii) an examination of likely produc-
tion and deployment costs and the levels of 
uncertainty associated with such estimated 
costs;
‘‘(D) modeling and simulation activities to 
be performed, if any, and the scope of such ac-
tivities; 
‘‘(E) early operational assessments to be 
performed, if any, and the scope of such assess-
ments; 
‘‘(F) operational test and evaluation phases; 
‘‘(G) an estimate of the resources, including 
funds, that will be required for all test, evalua-
tion, assessment, modeling, and simulation ac-
tivities; and 
‘‘(H) the Government entity or independent 
entity that will perform the test, evaluation, as-
sessment, modeling, and simulation activities. 
‘‘(4) UPDATE.—The Chief Acquisition Officer 
must approve an updated master plan whenever there 
is a revision to project or program test and evalua-
tion strategy, scope, or phasing. 
‘‘(5) LIMITATION.—The Coast Guard may not— 
‘‘(A) proceed beyond that phase of the ac-
quisition process that entails approving the sup-
porting acquisition of a capability or asset before 
the master plan is approved by the Chief Acqui-
sition Officer; or
‘‘(B) award any production contract for a 
capability, asset, or subsystem for which a mas-
ter plan is required under this subsection before 
the master plan is approved by the Chief Acqui-
sition Officer. 
‘‘(e) LIFE-CYCLE COST ESTIMATES.— 
‘‘(1) IN GENERAL.—The Commandant shall im-
plement mechanisms to ensure the development and 
regular updating of life-cycle cost estimates for each 
acquisition with a total acquisition cost that equals 
or exceeds $10,000,000 and an expected service life of 
10 or more years, and to ensure that these estimates 
are considered in decisions to develop or produce new 
or enhanced capabilities and assets. 
‘‘(2) TYPES OF ESTIMATES.—In addition to life- 
cycle cost estimates that may be developed by acquisi-
tion program offices, the Commandant shall require 
that an independent life-cycle cost estimate be devel-
oped for each Level 1 or Level 2 acquisition project 
or program. 
‘‘(3) REQUIRED UPDATES.—For each Level 1 or 
Level 2 acquisition project or program the Com-
mandant shall require that life-cycle cost estimates 
shall be updated before each milestone decision is con-
cluded and the project or program enters a new ac-
quisition phase. 
‘‘§ 573. Preliminary development and demonstration 
‘‘(a) IN GENERAL.—The Commandant shall ensure 
that developmental test and evaluation, operational test and 
evaluation, life-cycle cost estimates, and the development 
and demonstration requirements applied by this chapter to 
acquisition projects and programs are met to confirm that 
the projects or programs meet the requirements identified 
in the mission-analysis and affordability assessment pre-
pared under section 571(a)(2), the operational requirements 
developed under section 572(a)(1) and the following devel-
opment and demonstration objectives: 
‘‘(1) To demonstrate that the design, manufac-
turing, and production solution is based upon a sta-
ble, producible, and cost-effective product design. 
‘‘(2) To ensure that the product capabilities meet 
contract specifications, acceptable operational per-
formance requirements, and system security require-
ments. 
‘‘(3) To ensure that the product design is mature 
enough to commit to full production and deployment. 
‘‘(b) TESTS AND EVALUATIONS.— 
‘‘(1) IN GENERAL.—The Commandant shall en-
sure that the Coast Guard conducts developmental
100 
tests and evaluations and operational tests and eval-
uations of a capability or asset and the subsystems of 
the capability or asset in accordance with the master 
plan prepared for the capability or asset under sec-
tion 572(d)(1). 
‘‘(2) USE
OF
THIRD
PARTIES.—The Com-
mandant shall ensure that the Coast Guard uses inde-
pendent third parties with expertise in testing and 
evaluating the capabilities or assets and the sub-
systems of the capabilities or assets being acquired to 
conduct developmental tests and evaluations and 
operational tests and evaluations whenever the Coast 
Guard lacks the capability to conduct the tests and 
evaluations required by a master plan. 
‘‘(3) COMMUNICATION OF SAFETY CONCERNS.— 
The Commandant shall require that safety concerns 
identified during developmental or operational tests 
and evaluations or through independent or Govern-
ment-conducted design assessments of capabilities or 
assets and subsystems of capabilities or assets to be 
acquired by the Coast Guard shall be communicated 
as soon as practicable, but not later than 30 days 
after the completion of the test or assessment event or 
activity that identified the safety concern, to the pro-
gram manager for the capability or asset and the sub-
101 
systems concerned and to the Chief Acquisition Offi-
cer. 
‘‘(4) REPORTING
OF
SAFETY
CONCERNS.—Any 
safety concerns that have been reported to the Chief 
Acquisition Officer for an acquisition program or 
project shall be reported by the Commandant to the 
appropriate congressional committees at least 90 days 
before the award of any contract or issuance of any 
delivery order or task order for low, initial, or full- 
rate production of the capability or asset concerned if 
they will remain uncorrected or unmitigated at the 
time such a contract is awarded or delivery order or 
task order is issued. The report shall include a jus-
tification for the approval of that level of production 
of the capability or asset before the safety concerns are 
corrected or mitigated. The report shall also include 
an explanation of the actions that will be taken to 
correct or mitigate the safety concerns, the date by 
which those actions will be taken, and the adequacy 
of current funding to correct or mitigate the safety 
concerns. 
‘‘(5) ASSET ALREADY IN LOW, INITIAL, OR FULL- 
RATE PRODUCTION.—If operational test and evalua-
tion of a capability or asset already in low, initial, 
or full-rate production identifies a safety concern
102 
with the capability or asset or any subsystems of the 
capability or asset not previously identified during 
developmental or operational test and evaluation, the 
Commandant shall— 
‘‘(A) notify the program manager and the 
Chief Acquisition Officer of the safety concern as 
soon as practicable, but not later than 30 days 
after the completion of the test and evaluation 
event or activity that identified the safety con-
cern; and 
‘‘(B) notify the Chief Acquisition Officer 
and include in such notification— 
‘‘(i) an explanation of the actions that 
will be taken to correct or mitigate the safe-
ty concern in all capabilities or assets and 
subsystems of the capabilities or assets yet 
to be produced, and the date by which those 
actions will be taken; 
‘‘(ii) an explanation of the actions that 
will be taken to correct or mitigate the safe-
ty concern in previously produced capabili-
ties or assets and subsystems of the capabili-
ties or assets, and the date by which those 
actions will be taken; and
103 
‘‘(iii) an assessment of the adequacy of 
current funding to correct or mitigate the 
safety concern in capabilities or assets and 
subsystems of the capabilities or assets and 
in previously produced capabilities or assets 
and subsystems. 
‘‘(c) TECHNICAL CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Commandant shall en-
sure that any Level 1 or Level 2 acquisition project 
or program is certified by the technical authority of 
the Coast Guard after review by an independent third 
party with capabilities in the mission area, asset, or 
particular asset component. 
‘‘(2) TEMPEST TESTING.—The Commandant 
shall— 
‘‘(A) cause all electronics on all aircraft, 
surface, and shore capabilities and assets that re-
quire TEMPEST certification and that are de-
livered after the date of enactment of the Coast 
Guard Authorization Act of 2010 to be tested in 
accordance with TEMPEST standards and com-
munications security (comsec) standards by an 
independent third party that is authorized by 
the Federal Government to perform such testing; 
and
104 
‘‘(B) certify that the assets meet all applica-
ble TEMPEST requirements. 
‘‘(3) CUTTER CLASSIFICATION.— 
‘‘(A) IN GENERAL.—The Commandant shall 
cause each cutter, other than a National Security 
Cutter, acquired by the Coast Guard and deliv-
ered after the date of enactment of the Coast 
Guard Authorization Act of 2010 to be classed by 
the American Bureau of Shipping before final 
acceptance. 
‘‘(B) REPORTS.—Not later than December 
31, 2011, and biennially thereafter, the Com-
mandant shall provide a report to the Committee 
on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the 
Senate identifying which, if any, Coast Guard 
cutters that have been issued a certificate of clas-
sification by the American Bureau of Shipping 
have not been maintained in class and detailing 
the reasons why they have not been maintained 
in class. 
‘‘(4) OTHER VESSELS.—The Commandant shall 
cause the design and construction of each National 
Security Cutter, other than National Security Cutters
105 
1, 2, and 3, to be assessed by an independent third 
party with expertise in vessel design and construction 
certification. 
‘‘(5) AIRCRAFT
AIRWORTHINESS.—The Com-
mandant shall cause all aircraft and aircraft engines 
acquired by the Coast Guard and delivered after the 
date of enactment of the Coast Guard Authorization 
Act of 2010 to be assessed for airworthiness by an 
independent third party with expertise in aircraft 
and aircraft engine certification before final accept-
ance. 
‘‘§ 574. Acquisition, production, deployment, and sup-
port 
‘‘(a) IN GENERAL.—The Commandant shall— 
‘‘(1) ensure there is a stable and efficient produc-
tion and support capability to develop an asset or ca-
pability for the Coast Guard; 
‘‘(2) conduct follow-on testing to confirm and 
monitor performance and correct deficiencies; and 
‘‘(3) conduct acceptance tests and trials prior to 
the delivery of each asset or system to ensure the de-
livered asset or system achieves full operational capa-
bility. 
‘‘(b) ELEMENTS.—The Commandant shall— 
‘‘(1) execute production contracts;
106 
‘‘(2) ensure that delivered assets and capabilities 
meet operational cost and schedules requirements es-
tablished in the acquisition program baseline; 
‘‘(3) validate manpower and training require-
ments to meet system needs to operate, maintain, sup-
port, and instruct the assets or capabilities; and 
‘‘(4) prepare an acquisition project or program 
transition 
plan 
to 
enter 
into 
programmatic 
sustainment, operations, and support. 
‘‘§ 575. Acquisition program baseline breach 
‘‘(a) IN GENERAL.—The Commandant shall submit a 
report to the appropriate congressional committees and the 
Committee on Homeland Security of the House of Rep-
resentatives as soon as possible, but not later than 30 days, 
after the Chief Acquisition Officer of the Coast Guard be-
comes aware of the breach of an acquisition program base-
line for any Level 1 or Level 2 acquisition program, by— 
‘‘(1) a likely cost overrun greater than 15 per-
cent of the acquisition program baseline for that indi-
vidual capability or asset or a class of capabilities or 
assets; 
‘‘(2) a likely delay of more than 180 days in the 
delivery schedule for any individual capability or 
asset or class of capabilities or assets; or
107 
‘‘(3) an anticipated failure for any individual 
capability or asset or class of capabilities or assets to 
satisfy any key performance threshold or parameter 
under the acquisition program baseline. 
‘‘(b) CONTENT.—The report submitted under sub-
section (a) shall include— 
‘‘(1) a detailed description of the breach and an 
explanation of its cause; 
‘‘(2) the projected impact to performance, cost, 
and schedule; 
‘‘(3) an updated acquisition program baseline 
and the complete history of changes to the original ac-
quisition program baseline; 
‘‘(4) the updated acquisition schedule and the 
complete history of changes to the original schedule; 
‘‘(5) a full life-cycle cost analysis for the capa-
bility or asset or class of capabilities or assets; 
‘‘(6) a remediation plan identifying corrective 
actions and any resulting issues or risks; and 
‘‘(7) a description of how progress in the remedi-
ation plan will be measured and monitored. 
‘‘(c) SUBSTANTIAL VARIANCES IN COSTS OR SCHED-
ULE.—If a likely cost overrun is greater than 20 percent 
or a likely delay is greater than 12 months from the costs 
and schedule described in the acquisition program baseline
108 
for any Level 1 or Level 2 acquisition project or program 
of the Coast Guard, the Commandant shall include in the 
report a written certification, with a supporting expla-
nation, that— 
‘‘(1) the capability or asset or capability or asset 
class to be acquired under the project or program is 
essential to the accomplishment of Coast Guard mis-
sions; 
‘‘(2) there are no alternatives to such capability 
or asset or capability or asset class that will provide 
equal or greater capability in both a more cost-effec-
tive and timely manner; 
‘‘(3) the new acquisition schedule and estimates 
for total acquisition cost are reasonable; and 
‘‘(4) the management structure for the acquisi-
tion program is adequate to manage and control per-
formance, cost, and schedule. 
‘‘§ 576. Acquisition approval authority 
‘‘Nothing in this subchapter shall be construed as alter-
ing or diminishing in any way the statutory authority and 
responsibility of the Secretary of the department in which 
the Coast Guard is operating, or the Secretary’s designee, 
to— 
‘‘(1) manage and administer department pro-
curements, including procurements by department
109 
components, as required by section 701 of the Home-
land Security Act of 2002 (6 U.S.C. 341); or 
‘‘(2) manage department acquisition activities 
and act as the Acquisition Decision Authority with 
regard to the review or approval of a Coast Guard 
Level 1 or Level 2 acquisition project or program, as 
required by section 16 of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 414) and related im-
plementing regulations and directives. 
‘‘SUBCHAPTER III—DEFINITIONS 
‘‘§ 581. Definitions 
‘‘In this chapter: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional commit-
tees’ means the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
‘‘(2) CHIEF
ACQUISITION
OFFICER.—The term 
‘Chief Acquisition Officer’ means the officer appointed 
under section 56 of this title. 
‘‘(3) COMMANDANT.—The term ‘Commandant’ 
means the Commandant of the Coast Guard. 
‘‘(4) LEVEL 1 ACQUISITION.—The term ‘Level 1 
acquisition’ means—
110 
‘‘(A) an acquisition by the Coast Guard— 
‘‘(i) the estimated life-cycle costs of 
which exceed $1,000,000,000; or 
‘‘(ii) the estimated total acquisition 
costs of which exceed $300,000,000; or 
‘‘(B) any acquisition that the Chief Acquisi-
tion Officer of the Coast Guard determines to 
have a special interest— 
‘‘(i) due to— 
‘‘(I) the experimental or tech-
nically immature nature of the asset; 
‘‘(II) the technological complexity 
of the asset; 
‘‘(III) the commitment of re-
sources; or 
‘‘(IV) the nature of the capability 
or set of capabilities to be achieved; or 
‘‘(ii) because such acquisition is a joint 
acquisition. 
‘‘(5) LEVEL 2 ACQUISITION.—The term ‘Level 2 
acquisition’ means an acquisition by the Coast 
Guard— 
‘‘(A) the estimated life-cycle costs of which 
are equal to or less than $1,000,000,000, but 
greater than $300,000,000; or
111 
‘‘(B) the estimated total acquisition costs of 
which are equal to or less than $300,000,0000, 
but greater than $100,000,000. 
‘‘(6) LIFE-CYCLE
COST.—The term ‘life-cycle 
cost’ means all costs for development, procurement, 
construction, and operations and support for a par-
ticular capability or asset, without regard to funding 
source or management control. 
‘‘(7) PROJECT
OR
PROGRAM
MANAGER
DE-
FINED.—The term ‘project or program manager’ 
means an individual designated— 
‘‘(A) to develop, produce, and deploy a new 
asset to meet identified operational requirements; 
and 
‘‘(B) to manage cost, schedule, and perform-
ance of the acquisition, project, or program. 
‘‘(8) SAFETY CONCERN.—The term ‘safety con-
cern’ means any hazard associated with a capability 
or asset or a subsystem of a capability or asset that 
is likely to cause serious bodily injury or death to a 
typical Coast Guard user in testing, maintaining, re-
pairing, or operating the capability, asset, or sub-
system or any hazard associated with the capability, 
asset, or subsystem that is likely to cause major dam-
age to the capability, asset, or subsystem during the
112 
course of its normal operation by a typical Coast 
Guard user. 
‘‘(9) DEVELOPMENTAL TEST AND EVALUATION.— 
The 
term 
‘developmental 
test 
and 
evaluation’ 
means— 
‘‘(A) the testing of a capability or asset and 
the subsystems of the capability or asset to deter-
mine whether they meet all contractual perform-
ance requirements, including technical perform-
ance requirements, supportability requirements, 
and interoperability requirements and related 
specifications; and 
‘‘(B) the evaluation of the results of such 
testing. 
‘‘(10) OPERATIONAL TEST AND EVALUATION.— 
The term ‘operational test and evaluation’ means— 
‘‘(A) the testing of a capability or asset and 
the subsystems of the capability or asset, under 
conditions similar to those in which the capa-
bility or asset and subsystems will actually be 
deployed, for the purpose of determining the ef-
fectiveness and suitability of the capability or 
asset and subsystems for use by typical Coast 
Guard users to conduct those missions for which
113 
the capability or asset and subsystems are in-
tended to be used; and 
‘‘(B) the evaluation of the results of such 
testing.’’. 
(b) CONFORMING AMENDMENT.—The part analysis for 
part I of title 14, United States Code, is amended by insert-
ing after the item relating to chapter 13 the following: 
‘‘15. Acquisitions ..............................................................................................
561’’. 
SEC. 403. NATIONAL SECURITY CUTTERS. 
(a) NATIONAL SECURITY CUTTERS 1 AND 2.—Not later 
than 90 days before the Coast Guard awards any contract 
or issues any delivery order or task order to strengthen the 
hull of either of National Security Cutter 1 or 2 to resolve 
the structural design and performance issues identified in 
the Department of Homeland Security Inspector General’s 
Report OIG–07–23 dated January 2007, the Commandant 
shall submit to the appropriate congressional committees all 
results of an assessment of the proposed hull strengthening 
design conducted by the Coast Guard, including— 
(1) a description in detail of the extent to which 
the hull strengthening measures to be implemented on 
those cutters will enable the cutters to meet contract 
and performance requirements; 
(2) a cost-benefit analysis of the proposed hull 
strengthening measures for National Security Cutters 
1 and 2; and
114 
(3) a description of any operational restrictions 
that would have to be applied to either National Se-
curity Cutter 1 or 2 if the proposed hull strengthening 
measures were not implemented on either cutter. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section the term ‘‘appropriate congressional commit-
tees’’ means the Committees on Transportation and Infra-
structure and Homeland Security of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING 
AUTHORITY. 
(a) IN GENERAL.—For purposes of sections 3304, 
5333, and 5753 of title 5, United States Code, the Com-
mandant of the Coast Guard may— 
(1) designate any category of acquisition posi-
tions within the Coast Guard as shortage category po-
sitions; and 
(2) use the authorities in such sections to recruit 
and appoint highly qualified persons directly to posi-
tions so designated. 
(b) LIMITATION.—The Commandant may not appoint 
a person to a position of employment under this paragraph 
after September 30, 2012.
115 
(c) REPORTS.—The Commandant shall include in re-
ports under section 562(d) of title 14, United States Code, 
as added by this title, information described in that section 
regarding positions designated under this section. 
TITLE V—COAST GUARD 
MODERNIZATION 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Coast Guard Mod-
ernization Act of 2010’’. 
Subtitle A—Coast Guard 
Leadership 
SEC. 511. VICE ADMIRALS. 
(a) VICE ADMIRALS.—Section 50 of such title is 
amended to read as follows: 
‘‘§ 50. Vice admirals 
‘‘(a)(1) The President may designate no more than 4 
positions of importance and responsibility that shall be held 
by officers who— 
‘‘(A) while so serving, shall have the grade 
of vice admiral, with the pay and allowances of 
that grade; and 
‘‘(B) shall perform such duties as the Com-
mandant may prescribe. 
‘‘(2) The President may appoint, by and with the ad-
vice and consent of the Senate, and reappoint, by and with
116 
the advice and consent of the Senate, to any such position 
an officer of the Coast Guard who is serving on active duty 
above the grade of captain. The Commandant shall make 
recommendations for such appointments. 
‘‘(3) (A) Except as provided in subparagraph (B), one 
of the vice admirals designated under paragraph (1) must 
have at least 10 years experience in vessel inspection, ma-
rine casualty investigations, mariner licensing, or an 
equivalent technical expertise in the design and construc-
tion of commercial vessels, with at least 4 years of leader-
ship experience at a staff or unit carrying out marine safety 
functions and shall serve as the principal advisor to the 
Commandant on these issues. 
‘‘(B) The requirements of subparagraph (A) do not 
apply to such vice admiral if the subordinate officer serving 
in the grade of rear admiral with responsibilities for ma-
rine safety, security, and stewrdship possesses that experi-
ence. 
‘‘(b)(1) The appointment and the grade of vice admiral 
shall be effective on the date the officer assumes that duty 
and, except as provided in paragraph (2) of this subsection 
or in section 51(d) of this title, shall terminate on the date 
the officer is detached from that duty.
117 
‘‘(2) An officer who is appointed to a position des-
ignated under subsection (a) shall continue to hold the 
grade of vice admiral— 
‘‘(A) while under orders transferring the officer 
to another position designated under subsection (a), 
beginning on the date the officer is detached from that 
duty and terminating on the date before the day the 
officer assumes the subsequent duty, but not for more 
than 60 days; 
‘‘(B) while hospitalized, beginning on the day of 
the hospitalization and ending on the day the officer 
is discharged from the hospital, but not for more than 
180 days; and 
‘‘(C) while awaiting retirement, beginning on the 
date the officer is detached from duty and ending on 
the day before the officer’s retirement, but not for 
more than 60 days. 
‘‘(c)(1) An appointment of an officer under subsection 
(a) does not vacate the permanent grade held by the officer. 
‘‘(2) An officer serving in a grade above rear admiral 
who holds the permanent grade of rear admiral (lower half) 
shall be considered for promotion to the permanent grade 
of rear admiral as if the officer was serving in the officer’s 
permanent grade.
118 
‘‘(d) Whenever a vacancy occurs in a position des-
ignated under subsection (a), the Commandant shall inform 
the President of the qualifications needed by an officer serv-
ing in that position or office to carry out effectively the 
duties and responsibilities of that position or office.’’. 
(b) REPEAL.—Section 50a of such title is repealed. 
(c) CONFORMING AMENDMENTS.—Section 51 of such 
title is amended— 
(1) by striking subsections (a), (b), and (c) and 
inserting the following: 
‘‘(a) An officer, other than the Commandant, who, 
while serving in the grade of vice admiral, is retired for 
physical disability shall be placed on the retired list with 
the highest grade in which that officer served. 
‘‘(b) An officer, other than the Commandant, who is 
retired while serving in the grade of vice admiral, or who, 
after serving at least 21⁄2 years in the grade of vice admiral, 
is retired while serving in a lower grade, may in the discre-
tion of the President, be retired with the highest grade in 
which that officer served. 
‘‘(c) An officer, other than the Commandant, who, after 
serving less than 21⁄2 years in the grade of vice admiral, 
is retired while serving in a lower grade, shall be retired 
in his permanent grade.’’; and
119 
(2) by striking ‘‘Area Commander, or Chief of 
Staff’’ in subsection (d)(2) and inserting ‘‘or Vice Ad-
miral’’. 
(d) CONTINUITY OF GRADE.—Section 52 of title 14, 
United States Code, is amended by inserting ‘‘or admiral’’ 
after ‘‘vice admiral’’ the first place it appears. 
(e) CONTINUATION ON ACTIVE DUTY.—The second sen-
tence of section 290(a) of title 14, United States Code, is 
amended to read as follows: ‘‘Officers, other than the Com-
mandant, serving for the time being or who have served in 
the grade of vice admiral are not subject to consideration 
for continuation under this subsection, and as to all other 
provisions of this section shall be considered as having been 
continued at the grade of rear admiral.’’. 
(f) CLERICAL AMENDMENTS.— 
(1) The section caption for section 47 of such 
title is amended to read as follows: 
‘‘§ 47. Vice commandant; appointment’’. 
(2) The section caption for section 52 of title 14, 
United States Code, is amended to read as follows: 
‘‘§ 52. Vice admirals and admiral, continuity of 
grade’’. 
(3) The table of contents for chapter 3 of such 
title is amended—
120 
(A) by striking the item relating to section 
47 and inserting the following: 
‘‘47. Vice Commandant; appointment.’’; 
(B) by striking the item relating to section 
50a; 
(C) by striking the item relating to section 
50 and inserting the following: 
‘‘50. Vice admirals.’’; and 
(D) by striking the item relating to section 
52 and inserting the following: 
‘‘52. Vice admirals and admiral, continuity of grade.’’. 
(g) TECHNICAL CORRECTION.—Section 47 of such title 
is further amended by striking ‘‘subsection’’ in the fifth sen-
tence and inserting ‘‘section’’. 
(h) TREATMENT OF INCUMBENTS; TRANSITION.— 
(1) Notwithstanding any other provision of law, 
an officer who, on the date of enactment of this Act, 
is serving as Chief of Staff, Commander, Atlantic 
Area, or Commander, Pacific Area— 
(A) shall continue to have the grade of vice 
admiral with pay and allowance of that grade 
until such time that the officer is relieved of his 
duties and appointed and confirmed to another 
position as a vice admiral or admiral; or 
(B) for the purposes of transition, may con-
tinue at the grade of vice admiral with pay and
121 
allowance of that grade, for not more than 1 
year after the date of enactment of this Act, to 
perform the duties of the officer’s former position 
and any other such duties that the Commandant 
prescribes. 
Subtitle B—Workforce Expertise 
SEC. 521. PREVENTION AND RESPONSE STAFF. 
(a) IN GENERAL.—Chapter 3 of title 14, United States 
Code, is amended by adding at the end the following new 
sections: 
‘‘§ 57. Prevention and response workforces 
‘‘(a) CAREER PATHS.—The Secretary, acting through 
the Commandant, shall ensure that appropriate career 
paths for civilian and military Coast Guard personnel who 
wish to pursue career paths in prevention or response posi-
tions are identified in terms of the education, training, ex-
perience, and assignments necessary for career progression 
of civilians and members of the Armed Forces to the most 
senior prevention or response positions, as appropriate. The 
Secretary shall make available published information on 
such career paths. 
‘‘(b) QUALIFICATIONS FOR CERTAIN ASSIGNMENTS.— 
An officer, member, or civilian employee of the Coast Guard 
assigned as a—
122 
‘‘(1) marine inspector shall have the training, 
experience, and qualifications equivalent to that re-
quired for a similar position at a classification soci-
ety recognized by the Secretary under section 3316 of 
title 46 for the type of vessel, system, or equipment 
that is inspected; 
‘‘(2) marine casualty investigator shall have the 
training, experience, and qualifications in investiga-
tion, marine casualty reconstruction, evidence collec-
tion and preservation, human factors, and docu-
mentation using best investigation practices by Fed-
eral and non-Federal entities; or 
‘‘(3) marine safety engineer shall have knowl-
edge, skill, and practical experience in— 
‘‘(A) the construction and operation of com-
mercial vessels; 
‘‘(B) judging the character, strength, sta-
bility, and safety qualities of such vessels and 
their equipment; or 
‘‘(C) the qualifications and training of ves-
sel personnel. 
‘‘(c) APPRENTICESHIP REQUIREMENT TO QUALIFY 
FOR CERTAIN CAREERS.—The Commandant may require 
an officer, member, or employee of the Coast Guard in 
training for a specialized prevention or response career
123 
path to serve an apprenticeship under the guidance of a 
qualified individual. However, an individual in training 
to become a marine inspector, marine casualty investigator, 
or marine safety engineer shall serve a minimum of one- 
year as an apprentice unless the Commandant authorizes 
a shorter period for certain qualifications. 
‘‘(d) MANAGEMENT INFORMATION SYSTEM.—The Sec-
retary, acting through the Commandant, shall establish a 
management information system for the prevention and re-
sponse workforces that shall provide, at a minimum, the 
following standardized information on persons serving in 
those workforces: 
‘‘(1) Qualifications, assignment history, and ten-
ure in assignments. 
‘‘(2) Promotion rates for military and civilian 
personnel. 
‘‘(e) ASSESSMENT OF ADEQUACY OF MARINE SAFETY 
WORKFORCE.— 
‘‘(1) REPORT.—The Secretary, acting through 
the Commandant, shall report to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate by Decem-
ber 1 of each year on the adequacy of the current ma-
124 
rine safety workforce to meet that anticipated work-
load. 
‘‘(2) CONTENTS.—The report shall specify the 
number of civilian and military Coast Guard per-
sonnel currently assigned to marine safety positions 
and shall identify positions that are understaffed to 
meet the anticipated marine safety workload. 
‘‘(f) SECTOR CHIEF OF PREVENTION.—There shall be 
in each Coast Guard sector a Chief of Prevention who shall 
be at least a Lieutenant Commander or civilian employee 
within the grade GS–13 of the General Schedule, and who 
shall be a— 
‘‘(1) marine inspector, qualified to inspect ves-
sels, vessel systems, and equipment commonly found 
in the sector; and 
‘‘(2) qualified marine casualty investigator or 
marine safety engineer. 
‘‘(g) SIGNATORIES OF LETTER OF QUALIFICATION FOR 
CERTAIN
PREVENTION
PERSONNEL.—Each individual 
signing a letter of qualification for marine safety personnel 
must hold a letter of qualification for the type being cer-
tified. 
‘‘(h) SECTOR CHIEF OF RESPONSE.—There shall be in 
each Coast Guard sector a Chief of Response who shall be 
at least a Lieutenant Commander or civilian employee
125 
within the grade GS–13 of the General Schedule in each 
Coast Guard sector. 
‘‘§ 58. Centers of expertise for Coast Guard prevention 
and response 
‘‘(a) ESTABLISHMENT.—The Commandant of the 
Coast Guard may establish and operate one or more centers 
of expertise for prevention and response missions of the 
Coast Guard (in this section referred to as a ‘center’). 
‘‘(b) MISSIONS.—Each center shall— 
‘‘(1) promote and facilitate education, training, 
and research; 
‘‘(2) develop a repository of information on its 
missions and specialties; and 
‘‘(3) perform any other missions as the Com-
mandant may specify. 
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITU-
TION AUTHORIZED.—The Commandant may enter into an 
agreement with an appropriate official of an institution of 
higher education to— 
‘‘(1) provide for joint operation of a center; and 
‘‘(2) provide necessary administrative services 
for a center, including administration and allocation 
of funds. 
‘‘(d) ACCEPTANCE OF DONATIONS.—
126 
‘‘(1) Except as provided in paragraph (2), the 
Commandant may accept, on behalf of a center, dona-
tions to be used to defray the costs of the center or to 
enhance the operation of the center. Those donations 
may be accepted from any State or local government, 
any foreign government, any foundation or other 
charitable organization (including any that is orga-
nized or operates under the laws of a foreign coun-
try), or any individual. 
‘‘(2) The Commandant may not accept a dona-
tion under paragraph (1) if the acceptance of the do-
nation would compromise or appear to compromise— 
‘‘(A) the ability of the Coast Guard or the 
department in which the Coast Guard is oper-
ating, any employee of the Coast Guard or the 
department, or any member of the Armed Forces 
to carry out any responsibility or duty in a fair 
and objective manner; or 
‘‘(B) the integrity of any program of the 
Coast Guard, the department in which the Coast 
Guard is operating, or of any person involved in 
such a program. 
‘‘(3) The Commandant shall prescribe written 
guidance setting forth the criteria to be used in deter-
mining whether or not the acceptance of a donation
127 
from a foreign source would have a result described 
in paragraph (2). 
‘‘§ 59. Marine industry training program 
‘‘(a) IN GENERAL.—The Commandant shall, by policy, 
establish a program under which an officer, member, or em-
ployee of the Coast Guard may be assigned to a private 
entity to further the institutional interests of the Coast 
Guard with regard to marine safety, including for the pur-
pose of providing training to an officer, member, or em-
ployee. Policies to carry out the program— 
‘‘(1) with regard to an employee of the Coast 
Guard, shall include provisions, consistent with sec-
tions 3702 through 3704 of title 5, as to matters con-
cerning— 
‘‘(A) the duration and termination of as-
signments; 
‘‘(B) reimbursements; and 
‘‘(C) status, entitlements, benefits, and obli-
gations of program participants; and 
‘‘(2) shall require the Commandant, before ap-
proving the assignment of an officer, member, or em-
ployee of the Coast Guard to a private entity, to de-
termine that the assignment is an effective use of the 
Coast Guard’s funds, taking into account the best in-
terests of the Coast Guard and the costs and benefits
128 
of alternative methods of achieving the same results 
and objectives. 
‘‘(b) ANNUAL REPORT.—Not later than the date of the 
submission each year of the President’s budget request under 
section 1105 of title 31, the Commandant shall submit to 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that de-
scribes— 
‘‘(1) the number of officers, members, and em-
ployees of the Coast Guard assigned to private entities 
under this section; and 
‘‘(2) the specific benefit that accrues to the Coast 
Guard for each assignment.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is further amended by adding 
at the end the following new items: 
‘‘57. Prevention and response workforces. 
‘‘58. Centers of expertise for Coast Guard prevention and response. 
‘‘59. Marine industry training programs.’’. 
SEC. 522. MARINE SAFETY MISSION PRIORITIES AND LONG- 
TERM GOALS. 
(a) IN GENERAL.—Chapter 21 of title 46, United 
States Code, is amended by adding at the end the following 
new section:
129 
‘‘§ 2116. Marine safety strategy, goals, and perform-
ance assessments 
‘‘(a) LONG-TERM STRATEGY AND GOALS.—In conjunc-
tion with existing federally required strategic planning ef-
forts, the Secretary shall develop a long-term strategy for 
improving vessel safety and the safety of individuals on ves-
sels. The strategy shall include the issuance each year of 
an annual plan and schedule for achieving the following 
goals: 
‘‘(1) Reducing the number and rates of marine 
casualties. 
‘‘(2) Improving the consistency and effectiveness 
of vessel and operator enforcement and compliance 
programs. 
‘‘(3) Identifying and targeting enforcement ef-
forts at high-risk vessels and operators. 
‘‘(4) Improving research efforts to enhance and 
promote vessel and operator safety and performance. 
‘‘(b) CONTENTS OF STRATEGY AND ANNUAL PLANS.— 
‘‘(1) MEASURABLE
GOALS.—The strategy and 
annual plans shall include specific numeric or meas-
urable goals designed to achieve the goals set forth in 
subsection (a). The purposes of the numeric or meas-
urable goals are the following: 
‘‘(A) To increase the number of safety ex-
aminations on all high-risk vessels.
130 
‘‘(B) To eliminate the backlog of marine 
safety-related rulemakings. 
‘‘(C) To improve the quality and effective-
ness of marine safety information databases by 
ensuring that all Coast Guard personnel accu-
rately and effectively report all safety, casualty, 
and injury information. 
‘‘(D) To provide for a sufficient number of 
Coast Guard marine safety personnel, and pro-
vide adequate facilities and equipment to carry 
out the functions referred to in section 93(c). 
‘‘(2) RESOURCE NEEDS.—The strategy and an-
nual plans shall include estimates of— 
‘‘(A) the funds and staff resources needed to 
accomplish each activity included in the strategy 
and plans; and 
‘‘(B) the staff skills and training needed for 
timely and effective accomplishment of each goal. 
‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.— 
Beginning with fiscal year 2011 and each fiscal year there-
after, the Secretary shall submit to Congress the strategy 
and annual plan not later than 60 days following the trans-
mission of the President’s budget submission under section 
1105 of title 31. 
‘‘(d) ACHIEVEMENT OF GOALS.—
131 
‘‘(1) PROGRESS
ASSESSMENT.—No less fre-
quently than semiannually, the Coast Guard Com-
mandant shall assess the progress of the Coast Guard 
toward achieving the goals set forth in subsection (b). 
The Commandant shall convey the Commandant’s as-
sessment to the employees of the marine safety work-
force and shall identify any deficiencies that should 
be remedied before the next progress assessment. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall report annually to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate— 
‘‘(A) on the performance of the marine safe-
ty program in achieving the goals of the marine 
safety strategy and annual plan under sub-
section (a) for the year covered by the report; 
‘‘(B) on the program’s mission performance 
in achieving numerical measurable goals estab-
lished 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.’’.
132 
(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. 523. POWERS AND DUTIES. 
Section 93 of title 14, United States Code, is amended 
by adding at the end the following new subsections: 
‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In 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)(3) shall serve as the principal advisor to the 
Commandant regarding— 
‘‘(1) the operation, regulation, inspection, identi-
fication, 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;
133 
‘‘(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 
‘‘(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
134 
‘‘(2) the exercise of authority under section 91 of 
this title and the provisions of law codified at sections 
191 through 195 of title 50 on the date of enactment 
of this paragraph.’’. 
SEC. 524. APPEALS AND WAIVERS. 
(a) IN GENERAL.—Chapter 5 of title 14, United States 
Code, is further amended by inserting at the end the fol-
lowing new section: 
‘‘§ 102. Appeals and waivers 
‘‘Except for the Commandant of the Coast Guard, any 
individual adjudicating an appeal or waiver of a decision 
regarding marine safety, including inspection or manning 
and threats to the environment, shall— 
‘‘(1) be a qualified specialist with the training, 
experience, and qualifications in marine safety to ef-
fectively judge the facts and circumstances involved in 
the appeal and make a judgment regarding the merits 
of the appeal; or 
‘‘(2) have a senior staff member who— 
‘‘(A) meets the requirements of paragraph 
(1); 
‘‘(B) actively advises the individual adjudi-
cating the appeal; and 
‘‘(C) concurs in writing on the decision on 
appeal.’’.
135 
(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. 525. COAST GUARD ACADEMY. 
(a) IN GENERAL.—Chapter 9 of title 14, United States 
Code, is further amended by adding at the end the following 
new section: 
‘‘§ 200. Marine safety curriculum 
‘‘The Commandant of the Coast Guard shall ensure 
that professional courses of study in marine safety are pro-
vided at the Coast Guard Academy, and during other officer 
accession programs, to give Coast Guard cadets and other 
officer candidates a background and understanding of the 
marine safety program. These courses may include such 
topics as program history, vessel design and construction, 
vessel inspection, casualty investigation, and administra-
tive law and regulations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing new item: 
‘‘200. Marine safety curriculum.’’. 
SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPEC-
TORS. 
Not later than 1 year after the date of enactment of 
this Act, the Commandant of the Coast Guard shall submit
136 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on Coast Guard’s efforts to recruit and retain civilian ma-
rine inspectors and investigators and the impact of such 
recruitment and retention efforts on Coast Guard organiza-
tional performance. 
TITLE VI—MARINE SAFETY 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Maritime Safety Act 
of 2010’’. 
SEC. 602. VESSEL SIZE LIMITS. 
(a) LENGTH, TONNAGE, AND HORSEPOWER.—Section 
12113(d)(2) of title 46, United States Code, is amended— 
(1) by inserting ‘‘and’’ after the semicolon at the 
end of subparagraph (A)(i); 
(2) by striking ‘‘and’’ at the end of subpara-
graph (A)(ii); 
(3) by striking subparagraph (A)(iii); 
(4) by striking the period at the end of subpara-
graph (B) and inserting a semicolon; and 
(5) by inserting at the end the following: 
‘‘(C) the vessel is either a rebuilt vessel or 
a replacement vessel under section 208(g) of the 
American Fisheries Act (title II of division C of
137 
Public Law 105–277; 112 Stat. 2681–627) and 
is eligible for a fishery endorsement under this 
section; or 
‘‘(D) the vessel is a fish tender vessel that 
is not engaged in the harvesting or processing of 
fish.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) VESSEL REBUILDING AND REPLACEMENT.— 
Section 208(g) of the American Fisheries Act (title II 
of division C of Public Law 105–277; 112 Stat. 2681– 
627) is amended to read as follows: 
‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REBUILD
OR
REPLACE.—Notwith-
standing any limitation to the contrary on re-
placing, rebuilding, or lengthening vessels or 
transferring permits or licenses to a replacement 
vessel contained in sections 679.2 and 679.4 of 
title 50, Code of Federal Regulations, as in effect 
on the date of enactment of the Coast Guard Au-
thorization Act of 2010 and except as provided 
in paragraph (4), the owner of a vessel eligible 
under subsection (a), (b), (c), (d), or (e), in order 
to improve vessel safety and operational effi-
ciencies (including fuel efficiency), may rebuild
138 
or replace that vessel (including fuel efficiency) 
with a vessel documented with a fishery endorse-
ment under section 12113 of title 46, United 
States Code. 
‘‘(B) SAME REQUIREMENTS.—The rebuilt or 
replacement vessel shall be eligible in the same 
manner and subject to the same restrictions and 
limitations under such subsection as the vessel 
being rebuilt or replaced. 
‘‘(C) TRANSFER
OF
PERMITS
AND
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 or 
its owner, as necessary to permit such rebuilt or 
replacement vessel to operate in the same man-
ner as the vessel prior to the rebuilding or the 
vessel it replaced, respectively. 
‘‘(2) RECOMMENDATIONS
OF
NORTH
PACIFIC 
FISHERY MANAGEMENT COUNCIL.—The North Pacific 
Fishery Management Council may recommend for ap-
proval by the Secretary such conservation and man-
agement measures, including size limits and measures 
to control fishing capacity, in accordance with the 
Magnuson-Stevens Act as it considers necessary to en-
139 
sure that this subsection does not diminish the effec-
tiveness of fishery management plans of the Bering 
Sea and Aleutian Islands Management Area or the 
Gulf of Alaska. 
‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CER-
TAIN VESSELS.— 
‘‘(A) IN GENERAL.—Notwithstanding the re-
quirements of subsections (b)(2), (c)(1), and 
(c)(2) of section 12113 of title 46, United States 
Code, a vessel that is eligible under subsection 
(a), (b), (c), or (e) and that qualifies to be docu-
mented with a fishery endorsement pursuant to 
section 213(g) may be replaced with a replace-
ment vessel under paragraph (1) if the vessel 
that is replaced is validly documented with a 
fishery endorsement pursuant to section 213(g) 
before the replacement vessel is documented with 
a fishery endorsement under section 12113 of 
title 46, United States Code. 
‘‘(B) APPLICABILITY.—A replacement vessel 
under subparagraph (A) and its owner and 
mortgagee are subject to the same limitations 
under section 213(g) that are applicable to the 
vessel that has been replaced and its owner and 
mortgagee.
140 
‘‘(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 vessel 
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 its 
registered length, gross tonnage, or shaft 
horsepower. 
‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.— 
Any vessel that is replaced under this subsection shall 
thereafter not be eligible for a fishery endorsement 
under section 12113 of title 46, United States Code,
141 
unless that vessel is also a replacement vessel de-
scribed 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 Fed-
eral Regulations, as in effect on the date of enactment 
of the Coast Guard Authorization Act of 2010. 
‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing 
in this section shall be construed to diminish or other-
wise affect the authority of the Pacific Council to rec-
ommend to the Secretary conservation and manage-
ment measures to protect fisheries under its jurisdic-
tion (including the Pacific whiting fishery) and par-
ticipants in such fisheries from adverse impacts 
caused by this Act.’’. 
(2) REPEAL OF EXEMPTION OF CERTAIN VES-
SELS.—Section 203(g) of the American Fisheries Act 
(title II of division C of Public Law 105–277; 112 
Stat. 2681–620) is repealed.
142 
(3) FISHERY COOPERATIVE EXIT PROVISIONS.— 
Section 210(b) of the American Fisheries Act (title II 
of division C of Public Law 105–277; 112 Stat. 2681– 
629) is amended— 
(A) by moving the matter beginning with 
‘‘the Secretary shall’’ in paragraph (1) 2 ems to 
the right; and 
(B) by adding at the end the following: 
‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— 
‘‘(A) FISHING
ALLOWANCE
DETERMINA-
TION.—For purposes of determining the aggre-
gate percentage of directed fishing allowances 
under paragraph (1), when a catcher vessel is re-
moved from the directed pollock fishery, the fish-
ery allowance for pollock for the vessel being re-
moved— 
‘‘(i) shall be based on the catch history 
determination for the vessel made pursuant 
to section 679.62 of title 50, Code of Federal 
Regulations, as in effect on the date of en-
actment of the Coast Guard Authorization 
Act of 2010; and 
‘‘(ii) shall be assigned, for all purposes 
under this title, in the manner specified by 
the owner of the vessel being removed to any
143 
other catcher vessel or among other catcher 
vessels participating in the fishery coopera-
tive if such vessel or vessels remain in the 
fishery cooperative for at least one year 
after the date on which the vessel being re-
moved 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 vessel 
for any permit to participate in any fishery 
within the exclusive economic zone of the United 
States shall be extinguished, unless such removed 
vessel is thereafter designated to replace a vessel 
to be removed pursuant to this paragraph. 
‘‘(C) LIMITATIONS
ON
STATUTORY
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
144 
States 
official 
number 
678234), 
and 
PROVIDIAN (United States official num-
ber 1062183) ineligible for a fishery en-
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 section 
302(a)(1) of the Magnuson-Stevens Act; or 
‘‘(ii) to allow the vessels referred to in 
clause (i) to participate in any fishery 
under the authority of the Councils referred 
to in clause (i) in any manner that is not 
consistent with the fishery management 
plan for the fishery developed by the Coun-
cils under section 303 of the Magnuson-Ste-
vens Act.’’. 
SEC. 603. COLD WEATHER SURVIVAL TRAINING. 
The Commandant of the Coast Guard shall report to 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the efficacy 
of cold weather survival training conducted by the Coast 
Guard over the preceding 5 years. The report shall include
145 
plans for conducting such training in fiscal years 2010 
through 2013. 
SEC. 604. FISHING VESSEL SAFETY. 
(a) SAFETY STANDARDS.—Section 4502 of title 46, 
United States Code, is amended— 
(1) in subsection (a), by— 
(A) striking paragraphs (6) and (7) and in-
serting the following: 
‘‘(6) other equipment required to minimize the 
risk of injury to the crew during vessel operations, if 
the Secretary determines that a risk of serious injury 
exists that can be eliminated or mitigated by that 
equipment; and’’; and 
(B) redesignating paragraph (8) as 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’’;
146 
(C) in paragraph (2)(B), by striking ‘‘life-
boats or liferafts’’ and inserting ‘‘a survival craft 
that ensures that no part of an individual is im-
mersed in water’’; 
(D) in paragraph (2)(D), by inserting ‘‘ma-
rine’’ 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 follows: 
‘‘(f) To ensure compliance with the requirements of 
this chapter, the Secretary— 
‘‘(1) shall require the individual in charge of a 
vessel described in subsection (b) to keep a record of 
equipment maintenance, and required instruction 
and drills; and
147 
‘‘(2) shall examine at dockside a vessel described 
in subsection (b) at least once every 2 years, and shall 
issue a certificate of compliance to a vessel meeting 
the requirements of this chapter.’’; and 
(4) by adding at the end the following: 
‘‘(g)(1) The individual in charge of a vessel described 
in subsection (b) must pass a training program approved 
by the Secretary that meets the requirements in paragraph 
(2) of this subsection and hold a valid certificate issued 
under that program. 
‘‘(2) The training program shall— 
‘‘(A) be based on professional knowledge and skill 
obtained through sea service and hands-on training, 
including training in seamanship, stability, collision 
prevention, navigation, fire fighting and prevention, 
damage control, personal survival, emergency medical 
care, emergency drills, and weather; 
‘‘(B) require an individual to demonstrate abil-
ity to communicate in an emergency situation and 
understand information found in navigation publica-
tions; 
‘‘(C) recognize and give credit for recent past ex-
perience in fishing vessel operation; and
148 
‘‘(D) provide for issuance of a certificate to an 
individual that has successfully completed the pro-
gram. 
‘‘(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 accessible 
electronic database listing the names of individuals who 
have participated in and received a certificate confirming 
successful completion of a training program approved by 
the Secretary under this section. 
‘‘(h) A vessel to which this chapter applies shall be con-
structed in a manner that provides a level of safety equiva-
lent to the minimum safety standards the Secretary may 
establish for recreational vessels under section 4302, if— 
‘‘(1) subsection (b) of this section applies to the 
vessel; 
‘‘(2) the vessel is less than 50 feet overall in 
length; and 
‘‘(3) the vessel is built after January 1, 2010. 
‘‘(i)(1) The Secretary shall establish a Fishing Safety 
Training Grants Program to provide funding to munici-
149 
palities, port authorities, other appropriate public entities, 
not-for-profit organizations, and other qualified persons 
that provide commercial fishing safety training— 
‘‘(A) to conduct fishing vessel safety training for 
vessel operators and crewmembers that— 
‘‘(i) in the case of vessel operators, meets the 
requirements of subsection (g); and 
‘‘(ii) in the case of crewmembers, meets the 
requirements of subsection (g)(2)(A), such re-
quirements of subsection (g)(2)(B) as are appro-
priate for crewmembers, and the requirements of 
subsections (g)(2)(D), (g)(3), and (g)(4); and 
‘‘(B) for purchase of safety equipment and train-
ing aids for use in those fishing vessel safety training 
programs. 
‘‘(2) The Secretary shall award grants under this sub-
section on a competitive basis. 
‘‘(3) The Federal share of the cost of any activity car-
ried 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
150 
in academia, members of non-profit organizations and busi-
nesses involved in fishing and maritime matters, and other 
persons with expertise in fishing safety, to conduct research 
on methods of improving the safety of the commercial fish-
ing industry, including vessel design, emergency and sur-
vival equipment, enhancement of vessel monitoring systems, 
communications devices, de-icing technology, and severe 
weather detection. 
‘‘(2) The Secretary shall award grants under this sub-
section on a competitive basis. 
‘‘(3) The Federal share of the cost of any activity car-
ried 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:
151 
‘‘§ 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 gen-
eral 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
152 
‘‘(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,
153 
United States Code, is amended by striking the item 
relating to such section and inserting the following: 
‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 
(d) LOADLINES FOR VESSELS 79 FEET OR GREATER 
IN LENGTH.— 
(1) LIMITATION
ON
EXEMPTION
FOR
FISHING 
VESSELS.—Section 5102(b)(3) of title 46, United 
States Code, is amended by inserting after ‘‘vessel’’ 
the following ‘‘, unless the vessel is built after July 1, 
2012’’. 
(2) ALTERNATE PROGRAM FOR CERTAIN FISHING 
VESSELS.—Section 5103 of title 46, United States 
Code, is amended by adding at the end the following: 
‘‘(c) A fishing vessel built on or before July 1, 2012, 
that undergoes a substantial change to the dimension of or 
type of the vessel completed after the later of July 1, 2012, 
or the date the Secretary establishes standards for an alter-
nate loadline compliance program, shall comply with such 
an alternative loadline compliance program that is devel-
oped in cooperation with the commercial fishing industry 
and prescribed by the Secretary.’’. 
(e) CLASSING OF VESSELS.— 
(1) IN
GENERAL.—Section 4503 of title 46, 
United States Code, is amended— 
(A) by striking the section heading and in-
serting the following:
154 
‘‘§ 4503. Fishing, fish tender, and fish processing ves-
sel certification’’; 
(B) in subsection (a) by striking ‘‘fish proc-
essing’’; and 
(C) by adding at the end the following: 
‘‘(c) This section applies to a vessel to which section 
4502(b) of this title applies that is at least 50 feet overall 
in length and is built after July 1, 2012. 
‘‘(d)(1) After January 1, 2020, a fishing vessel, fish 
processing vessel, or fish tender vessel to which section 
4502(b) of this title applies shall comply with an alternate 
safety compliance program that is developed in cooperation 
with the commercial fishing industry and prescribed by the 
Secretary, if the vessel— 
‘‘(A) is at least 50 feet overall in length; 
‘‘(B) is built before July 1, 2012; and 
‘‘(C) is 25 years of age or older. 
‘‘(2) A fishing vessel, fish processing vessel, or fish ten-
der vessel built before July 1, 2012, that undergoes a sub-
stantial change to the dimension of or type of vessel com-
pleted after the later of July 1, 2012, or the date the Sec-
retary establishes standards for an alternate safety compli-
ance program, shall comply with such an alternative safety 
compliance program that is developed in cooperation with 
the commercial fishing industry and prescribed by the Sec-
retary.
155 
‘‘(3) Alternative safety compliance programs may be 
developed for purposes of paragraph (1) for specific regions 
and fisheries. 
‘‘(4) Notwithstanding paragraph (1), vessels owned by 
a person that owns more than 30 vessels subject to that 
paragraph are not required to meet the alternate safety 
compliance requirements of that paragraph until January 
1, 2030, if that owner enters into a compliance agreement 
with the Secretary that provides for a fixed schedule for all 
of the vessels owned by that person to meet requirements 
of that paragraph by that date and the vessel owner is meet-
ing that schedule. 
‘‘(5) A fishing vessel, fish processing vessel, or fish ten-
der vessel to which section 4502(b) of this title applies that 
was classed before July 1, 2012, shall— 
‘‘(A) remain subject to the requirements of a 
classification society approved by the Secretary; and 
‘‘(B) have on board a certificate from that 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 depart-
156 
ment in which the Coast Guard is operating shall prescribe 
an alternative safety compliance program referred to in sec-
tion 4503(d)(1) of the title 46, United States Code, as 
amended by this section. 
SEC. 605. MARINER RECORDS. 
Section 7502 of title 46, United States Code, is amend-
ed— 
(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 main-
tain records of each individual engaged on the vessel subject 
to inspection under chapter 33 on matters of engagement, 
discharge, and service for not less than 5 years after the 
date of the completion of the service of that individual on 
the vessel. The regulations may require that a vessel owner, 
managing operator, or employer shall make these records 
available to the individual and the Coast Guard on request. 
‘‘(c) A person violating this section, or a regulation 
prescribed under this section, is liable to the United States 
Government for a civil penalty of not more than $5,000.’’.
157 
SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIRE-
MENT FOR OPERATORS OF CERTAIN TOWING 
VESSELS. 
Section 8905 of title 46, United States Code, is amend-
ed— 
(1) by striking subsection (b); and 
(2) by redesignating subsection (c) as subsection 
(b). 
SEC. 607. LOG BOOKS. 
(a) IN GENERAL.—Chapter 113 of title 46, United 
States Code, is amended by adding at the end the following: 
‘‘§ 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 in-
clude 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 vessels 
of each seaman and each officer. 
‘‘(3) An account of each accident, illness, and in-
jury that occurs during each watch.’’.
158 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following: 
‘‘11304. Additional logbook and entry requirements.’’. 
SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 
(a) IN GENERAL.—Chapter 21 of title 46, United 
States Code, is further amended by adding at the end the 
following new sections: 
‘‘§ 2117. Termination for unsafe operation 
‘‘An individual authorized to enforce this title— 
‘‘(1) may remove a certificate required by this 
title from a vessel that is operating in a condition 
that does not comply with the provisions of the certifi-
cate; 
‘‘(2) may order the individual in charge of a ves-
sel that is operating that does not have on board the 
certificate required by this title to return the vessel to 
a mooring and to remain there until the vessel is in 
compliance with this title; and 
‘‘(3) may direct the individual in charge of a 
vessel to which this title applies to immediately take 
reasonable steps necessary for the safety of individuals 
on board the vessel if the official observes the vessel 
being operated in an unsafe condition that the official 
believes creates an especially hazardous condition, in-
cluding ordering the individual in charge to return
159 
the vessel to a mooring and to remain there until the 
situation creating the hazard is corrected or ended. 
‘‘§ 2118. Establishment of equipment standards 
‘‘(a) In establishing standards for approved equipment 
required on vessels subject to part B of this title, the Sec-
retary 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 subsection 
(a), the Secretary may also certify lifesaving equipment 
that is not required to be carried on vessels subject to part 
B of this title to ensure that such equipment is suitable for 
its intended purpose. 
‘‘(c) At least once every 10 years the Secretary shall 
review and revise the standards established under subsection 
(a) to ensure that the standards meet the requirements of 
this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is further amended by adding 
at the end the following: 
‘‘2117. Termination for unsafe operation. 
‘‘2118. Establishment of equipment standards.’’.
160 
SEC. 609. APPROVAL OF SURVIVAL CRAFT. 
(a) IN GENERAL.—Chapter 31 of title 46, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 3104. Survival craft 
‘‘(a) Except as provided in subsection (b), the 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. 610. SAFETY MANAGEMENT. 
(a) VESSELS TO WHICH REQUIREMENTS APPLY.—Sec-
tion 3202 of title 46, United States Code, is amended— 
(1) in subsection (a) by striking the heading and 
inserting ‘‘FOREIGN VOYAGES
AND FOREIGN VES-
SELS.—’’;
161 
(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 ap-
plies to a vessel that is— 
‘‘(1) a passenger vessel or small passenger vessel; 
and 
‘‘(2) is transporting more passengers than a 
number prescribed by the Secretary based on the 
number of individuals on the vessel that could be 
killed or injured in a marine casualty.’’; 
(4) in subsection (d), as so redesignated, by 
striking ‘‘subsection (b)’’ and inserting ‘‘subsection 
(c)’’; and 
(5) in subsection (d)(4), as so redesignated, by 
inserting ‘‘that is not described in subsection (b) of 
this section’’ after ‘‘waters’’. 
(b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of 
title 46, United States Code, is amended by adding at the 
end the following new subsection: 
‘‘(c) In prescribing regulations for passenger vessels 
and small passenger vessels, the Secretary shall consider— 
‘‘(1) the characteristics, methods of operation, 
and nature of the service of these vessels; and
162 
‘‘(2) with respect to vessels that are ferries, the 
sizes of the ferry systems within which the vessels op-
erate.’’. 
SEC. 611. PROTECTION AGAINST DISCRIMINATION. 
(a) IN GENERAL.—Section 2114 of title 46, United 
States Code, is amended— 
(1) in subsection (a)(1)(A), by striking ‘‘or’’ after 
the semicolon; 
(2) in subsection (a)(1)(B), by striking the 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 notify, 
the vessel owner or the Secretary of a work-related 
personal injury or work-related illness of a seaman; 
‘‘(E) the seaman cooperated with a safety inves-
tigation by the Secretary or the National Transpor-
tation Safety Board; 
‘‘(F) the seaman furnished information to the 
Secretary, the National Transportation Safety Board, 
or any other public official as to the facts relating to 
any marine casualty resulting in injury or death to
163 
an individual or damage to property occurring in 
connection with vessel transportation; or 
‘‘(G) the seaman accurately reported hours of 
duty under this part.’’; and 
(4) by amending subsection (b) to read as 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 complaint may 
be filed under subsection (b) of section 31105 of title 49. 
Such complaint shall be subject to the procedures, require-
ments, and rights described in that section, including with 
respect to the right to file an objection, the right of a person 
to file for a petition for review under subsection (c) of that 
section, and the requirement to bring a civil action under 
subsection (d) of that section.’’. 
(b) EXISTING ACTIONS.—This section shall not affect 
the application of section 2114(b) of title 46, United States 
Code, as in effect before the date of enactment of this Act, 
to an action filed under that section before that date. 
SEC. 612. OIL FUEL TANK PROTECTION. 
Section 3306 of title 46, United States Code, is amend-
ed by adding at the end the following new subsection:
164 
‘‘(k)(1) Each vessel of the United States that is con-
structed under a contract entered into after the date of en-
actment of the Maritime Safety Act of 2010, or that is deliv-
ered after January 1, 2011, with an aggregate capacity of 
600 cubic meters or more of oil fuel, shall comply with the 
requirements of Regulation 12A under Annex I to the Pro-
tocol of 1978 relating to the International Convention for 
the Prevention of Pollution from Ships, 1973, entitled ‘Oil 
Fuel Tank Protection’. 
‘‘(2) The Secretary may prescribe regulations to apply 
the requirements described in Regulation 12A to vessels de-
scribed in paragraph (1) that are not otherwise subject to 
that convention. Any such regulation shall be considered to 
be an interpretive rule for the purposes of section 553 of 
title 5. 
‘‘(3) In this subsection the term ‘oil fuel’ means any 
oil used as fuel in connection with the propulsion and aux-
iliary machinery of the vessel in which such oil is carried.’’. 
SEC. 613. OATHS. 
Section 7105 of title 46, United States Code, is amend-
ed by striking ‘‘before a designated official’’.
165 
SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REG-
ISTRY, AND MERCHANT MARINERS’ DOCU-
MENTS. 
(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 merchant 
mariner’s document may be issued under this chapter 
up to 8 months in advance but is not effective until 
the date that the previously issued merchant mari-
ner’s document expires or until the completion of any 
active suspension or revocation of that previously 
issued merchant mariner’s document, whichever is 
later.’’. 
(b) DURATION OF LICENSES.—Section 7106 of such 
title is amended to read as follows: 
‘‘§ 7106. Duration of licenses 
‘‘(a) IN GENERAL.—A license issued under this part 
is valid for a 5-year period and may be renewed for addi-
tional 5-year periods; except that the validity of a license
166 
issued to a radio officer is conditioned on the continuous 
possession by the holder of a first-class or second-class ra-
diotelegraph operator license issued by the Federal Commu-
nications Commission. 
‘‘(b) ADVANCE RENEWALS.—A renewed license issued 
under this part may be issued up to 8 months in advance 
but is not effective until the date that the previously issued 
license expires or until the completion of any active suspen-
sion or revocation of that previously issued merchant mari-
ner’s document, whichever is later.’’. 
(c) CERTIFICATES
OF REGISTRY.—Section 7107 of 
such title is amended to read as follows: 
‘‘§ 7107. Duration of certificates of registry 
‘‘(a) IN GENERAL.—A certificate of registry issued 
under this part is valid for a 5-year period and may be 
renewed for additional 5-year periods; except that the valid-
ity of a certificate issued to a medical doctor or professional 
nurse is conditioned on the continuous possession by the 
holder of a license as a medical doctor or registered nurse, 
respectively, issued by a State. 
‘‘(b) ADVANCE RENEWALS.—A renewed certificate of 
registry issued under this part may be issued up to 8 
months in advance but is not effective until the date that 
the previously issued certificate of registry expires or until 
the completion of any active suspension or revocation of
167 
that previously issued merchant mariner’s document, 
whichever is later.’’. 
SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF 
LICENSES, CERTIFICATES OF REGISTRY, AND 
MERCHANT MARINERS’ DOCUMENTS. 
(a) MERCHANT
MARINER
LICENSES
AND
DOCU-
MENTS.—Chapter 75 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘§ 7507. Authority to extend the duration of licenses, 
certificates of registry, and merchant 
mariner documents 
‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.— 
Notwithstanding sections 7106 and 7107, the Secretary of 
the department in which the Coast Guard is operating 
may— 
‘‘(1) extend for not more than one year an expir-
ing license or certificate of registry issued for an indi-
vidual under chapter 73 if the Secretary determines 
that the extension is required to enable the Coast 
Guard to eliminate a backlog in processing applica-
tions 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 expir-
ing license or certificate of registry issued for an indi-
168 
vidual under chapter 73 for the exclusive purpose of 
aligning the expiration date of such license or certifi-
cate of registry with the expiration date of a mer-
chant mariner’s document. 
‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwith-
standing section 7302(g), the Secretary may— 
‘‘(1) extend for not more than one year an expir-
ing merchant mariner’s document issued for an indi-
vidual under chapter 73 if the Secretary determines 
that the extension is required to enable the Coast 
Guard to eliminate a backlog in processing applica-
tions 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 expir-
ing merchant mariner’s document issued for an indi-
vidual under chapter 73 for the exclusive purpose of 
aligning the expiration date of such merchant mari-
ner’s document with the expiration date of a mer-
chant mariner’s document. 
‘‘(c) MANNER OF EXTENSION.—Any extensions grant-
ed under this section may be granted to individual seamen 
or a specifically identified group of seamen.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following:
169 
‘‘7507. Authority to extend the duration of licenses, certificates of registry, and 
merchant mariner documents.’’. 
SEC. 616. MERCHANT MARINER ASSISTANCE REPORT. 
Not later than 180 days after the date of enactment 
of this Act, the Commandant of the Coast Guard shall sub-
mit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
regarding the feasibility of— 
(1) expanding the streamlined evaluation process 
program that was affiliated with the Houston Re-
gional Examination Center of the Coast Guard to all 
processing centers of the Coast Guard nationwide; 
(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 status 
of the pending application, including a process to 
allow the applicant to check on the status of the ap-
plication by electronic means; and
170 
(4) ensuring that all information collected with 
respect to applications for new or renewed licenses, 
merchant mariner documents, and certificates of reg-
istry is retained in a secure electronic format. 
SEC. 617. OFFSHORE SUPPLY VESSELS. 
(a) REMOVAL OF TONNAGE LIMITS.— 
(1) DEFINITION.— 
(A) IN GENERAL.—Section 2101(19) of title 
46, United States Code, is amended by striking 
‘‘of more than 15 gross tons but less than 500 
gross tons as measured under section 14502 of 
this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by 
the Secretary under section 14104 of this title’’. 
(B) EXEMPTION.—Section 5209(b)(1) of the 
Oceans Act of 1992 (Public Law 102–587; 46 
U.S.C. 2101 note) is amended by striking ‘‘ves-
sel.’’ and inserting ‘‘vessel of less than 500 gross 
tons as measured under section 14502, or an al-
ternate tonnage measured under section 14302 of 
such title as prescribed by the Secretary under 
section 14104 of such title.’’. 
(2) APPLICATION.—Section 3702(b) of title 46, 
United States Code, is amended by striking para-
171 
graph (1) and redesignating paragraphs (2) and (3) 
as paragraphs (1) and (2), respectively. 
(b) SCALE OF EMPLOYMENT: ABLE SEAMEN.—Section 
7312(d) of title 46, United States Code, is amended to read 
as follows: 
‘‘(d) INDIVIDUALS QUALIFIED AS ABLE SEAMEN.— 
Offshore supply vessel under section 7310 of this title may 
constitute all of the able seamen required on board a vessel 
of less than 500 gross tons as measured under section 14502 
of this title or 6,000 gross tons as measured under section 
14302 of this title engaged in support of exploration, exploi-
tation, or production of offshore mineral or energy re-
sources. Individuals qualified as able seamen—limited 
under section 7308 of this title may constitute all of the 
able seamen required on board a vessel of at least 500 gross 
tons as measured under section 14502 of this title or 6,000 
gross tons as measured under section as measured under 
section 14302 of this title as prescribed by the Secretary 
under section 14104 of this title engaged in support of ex-
ploration, exploitation, or production of offshore mineral or 
energy resources.’’. 
(c) MINIMUM NUMBER OF LICENSED INDIVIDUALS.— 
Section 8301(b) of title 46, United States Code, is amended 
to read as follows:
173 
of this title if the individuals engaged on the vessel are in 
compliance with hours of service requirements (including 
recording and recordkeeping of that service) as prescribed 
by the Secretary.’’. 
(e) OIL FUEL TANK PROTECTION.— 
(1) APPLICATION.—An offshore supply vessel of 
at least 6,000 gross tons as measured under section 
14302 of title 46, United States Code, that is con-
structed under a contract entered into after the date 
of enactment of this Act, or that is delivered after Au-
gust 1, 2010, with an aggregate capacity of 600 cubic 
meters or more of oil fuel, shall comply with the re-
quirements of Regulation 12A under Annex I to the 
Protocol of 1978 relating to the International Conven-
tion for the Prevention of Pollution from Ships, 1973, 
entitled Oil Fuel Tank Protection, regardless of 
whether such vessel is engaged in the coastwise trade 
or on an international voyage. 
(2) DEFINITION.—In this subsection the term 
‘‘oil fuel’’ means any oil used as fuel in connection 
with the propulsion and auxiliary machinery of the 
vessel in which such oil is carried. 
(f) REGULATIONS.— 
(1) IN GENERAL.—Not later than January 1, 
2012, the Secretary of the department in which the
174 
Coast Guard is operating shall promulgate regula-
tions to implement the amendments and authorities 
enacted by this section for offshore supply vessels of 
at least 6,000 gross tons as measured under section 
14302 of title 46, United States Code, and to ensure 
the safe carriage of oil, hazardous substances, and in-
dividuals in addition to the crew on such vessels. The 
final rule issued pursuant to such rulemaking may 
supersede the interim final rule promulgated under 
paragraph (2) of this subsection. In promulgating 
regulations under this subsection, the Secretary shall 
take into consideration the characteristics of offshore 
supply vessels, their methods of operation, and their 
service in support of exploration, exploitation, or pro-
duction of offshore mineral or energy resources. 
(2) INTERIM FINAL RULE AUTHORITY.—As soon 
as is practicable and without regard to the provisions 
of chapters 5 and 6 of title 5, United States Code, the 
Secretary shall issue an interim final rule as a tem-
porary regulation implementing this section (includ-
ing the amendments made by this section) for offshore 
supply vessels of at least 6,000 gross tons as measured 
under section 14302 of title 46, United States Code, 
and to ensure the safe carriage of oil, hazardous sub-
175 
stances, and individuals in addition to the crew on 
such vessels. 
(3) INTERIM PERIOD.—After the effective date of 
this Act, prior to the effective date of the regulations 
prescribed by paragraph (2) of this subsection, and 
without regard to the provisions of chapters 5 and 6 
of title 5, United States Code, and the offshore supply 
vessel tonnage limits of applicable regulations and 
policy guidance promulgated prior to the date of en-
actment of this Act, the Secretary of the department 
in which the Coast Guard is operating may— 
(A) issue a certificate of inspection under 
section 3309 of title 46, United States Code, to 
an offshore supply vessel of at least 6,000 gross 
tons as measured under section 14302 of that 
title if the Secretary determines that such vessel’s 
arrangements and equipment meet the current 
Coast Guard requirements for certification as a 
cargo and miscellaneous vessel; 
(B) authorize a master, mate, or engineer 
who possesses an ocean or near coastal license 
and endorsement under part 11 of subchapter B 
of title 46, Code of Federal Regulations, (or any 
successor regulation) that qualifies the licensed 
officer for service on offshore supply vessels of at
176 
least 3,000 gross tons but less than 6,000 gross 
tons, as measured under section 14302 of title 
46, United States Code, to operate offshore sup-
ply vessels of at least 6,000 gross tons, as meas-
ured under such section; and 
(C) authorize any such master, mate, or en-
gineer who also possesses an ocean or near coast-
al license and endorsement under such part that 
qualifies the licensed officer for service on non 
trade-restricted vessels of at least 1,600 gross tons 
but less than 3,000 gross tons, as measured 
under such section, to increase the tonnage limi-
tation of such license and endorsement under sec-
tion 402(c) of such part, using service on vessels 
certificated under both subchapters I and L of 
such title and measured only under such section, 
except that such tonnage limitation shall not ex-
ceed 10,000 gross tons as measured under such 
section. 
SEC. 618. ASSOCIATED EQUIPMENT. 
Section 2101(1)(B) of title 46, United States Code, is 
amended by inserting ‘‘with the exception of emergency lo-
cator beacons for recreational vessels operating beyond 3 
nautical miles from the baselines from which the territorial
177 
sea of the United States is measured or beyond 3 nautical 
miles from the coastline of the Great Lake,’’ before ‘‘does’’. 
SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS. 
Section 4102(b) of title 46, United States Code, is 
amended to read as follows: 
‘‘(b) The Secretary shall prescribe regulations requir-
ing the installation, maintenance, and use of life preservers 
and other lifesaving devices for individuals on board 
uninspected vessels.’’. 
SEC. 620. STUDY OF BLENDED FUELS IN MARINE APPLICA-
TION. 
(a) SURVEY.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of 
Homeland Security, acting through the Commandant 
of the Coast Guard, shall submit a survey of pub-
lished data and reports, pertaining to the use, safety, 
and performance of blended fuels in marine applica-
tions, to the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committees on Commerce, Science, and Transpor-
tation of the Senate. 
(2) INCLUDED INFORMATION.—To the extent pos-
sible, the survey required in subsection (a), shall in-
clude data and reports on—
178 
(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 Secretary, 
acting through the Commandant, shall conduct a 
comprehensive study on the use, safety, and perform-
ance of blended fuels in marine applications. The Sec-
retary is authorized to conduct such study in conjunc-
tion with— 
(A) any other Federal agency; 
(B) any State government or agency; 
(C) any local government or agency, includ-
ing local police and fire departments; and
199 
(3) to the extent practicable, involve tribal gov-
ernments in deciding how to respond to the spill. 
(c) COOPERATIVE ARRANGEMENTS.—The Coast Guard 
may enter into memoranda of agreement and associated 
protocols with Indian tribal governments in order to estab-
lish cooperative arrangements for oil pollution prevention, 
preparedness, and response. Such memoranda may be en-
tered into prior to the development of the tribal consultation 
and coordination policy to provide Indian tribes grant and 
contract assistance. Such memoranda of agreement and as-
sociated protocols with Indian tribal governments may in-
clude— 
(1) arrangements for the assistance of the tribal 
government to participate in the development of the 
National Contingency Plan and local Area Contin-
gency Plans to the extent they affect tribal lands, cul-
tural and natural resources; 
(2) arrangements for the assistance of the tribal 
government to develop the capacity to implement the 
National Contingency Plan and local Area Contin-
gency Plans to the extent they affect tribal lands, cul-
tural and natural resources; 
(3) provisions on coordination in the event of a 
spill, including agreements that representatives of the 
tribal government will be included as part of the re-