242 
of making illegal border crossings through the maritime en-
vironment. 
(d) DEFINITION.—For the purposes of this section, the 
term ‘‘biometric identification’’ means use of fingerprint 
and digital photography images. 
SEC. 1108. REVIEW OF POTENTIAL THREATS. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit 
to the Committee on Homeland Security and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report analyzing the threat, 
vulnerability, and consequence of a terrorist attack on gaso-
line and chemical cargo shipments in port activity areas 
in the United States. 
SEC. 1109. PORT SECURITY PILOT. 
The Secretary of Homeland Security shall establish a 
pilot program to test and deploy preventive radiological or 
nuclear detection equipment on Coast Guard vessels and 
other locations in select port regions to enhance border secu-
rity and for other purposes. The pilot program shall lever-
age existing Federal grant funding to support this program 
and the procurement of additional equipment. 
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SEC. 1110. SEASONAL WORKERS. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study on the effects that the Trans-
portation Worker Identification Card (in this section re-
ferred to as ‘‘TWIC’’) required by section 70105 of title 46, 
United States Code, has on companies that employ seasonal 
employees. 
(b) REPORT.—Not later than one year after the date 
of enactment of this Act, the Comptroller General shall sub-
mit a report to the Committee on Homeland Security and 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the results 
of the study, including— 
(1) costs associated in requiring seasonal em-
ployees to obtain TWIC cards on companies; 
(2) whether the Coast Guard and Transportation 
Security Administration are processing TWIC appli-
cations quickly enough for seasonal workers to obtain 
TWIC certification; 
(3) whether TWIC compliance costs or other fac-
tors have led to a reduction in service; 
(3) the impact of TWIC on the recruiting and 
hiring of seasonal and other temporary employees; 
and 
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(4) an assessment of possible alternatives to 
TWIC certification that may be used for seasonal em-
ployees including any security vulnerabilities created 
by those alternatives. 
SEC. 1111. COMPARATIVE RISK ASSESSMENT OF VESSEL- 
BASED AND FACILITY-BASED LIQUEFIED NAT-
URAL GAS REGASIFICATION PROCESSES. 
(a) IN GENERAL.—Within 90 days after the date of 
enactment of this Act, the Secretary of Homeland Security, 
acting through the Commandant of the Coast Guard, shall 
enter into an arrangement for the performance of an inde-
pendent study to conduct a comparative risk assessment ex-
amining the relative safety and security risk associated 
with vessel-based and facility-based liquefied natural gas re-
gasification processes conducted within 3 miles from land 
versus such processes conducted more than 3 miles from 
land. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary Homeland Security, 
acting through the Commandant, shall provide a report on 
the findings and conclusions of the study required by this 
section to the Committees on Homeland Security, Transpor-
tation and Infrastructure, and Energy and Commerce of 
the House of Representatives, and the Committees on Home-
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land Security and Governmental Affairs and Commerce, 
Science, and Transportation of the Senate. 
SEC. 1112. PILOT PROGRAM FOR FINGERPRINTING OF MAR-
ITIME WORKERS. 
(a) IN GENERAL.—Within 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security 
shall establish procedures providing for an individual who 
is required to be fingerprinted for purposes of obtaining a 
transportation security card under section 70105 of title 46, 
United States Code, to be fingerprinted at any facility oper-
ated by or under contract with an agency of the Department 
of Homeland Security that fingerprints the public for the 
Department. 
(b) EXPIRATION.—This section expires on December 
31, 2012. 
SEC. 1113. TRANSPORTATION SECURITY CARDS ON VES-
SELS. 
Section 70105(b)(2) of title 46, United States Code, is 
amended— 
(1) in subparagraph (B), by inserting after 
‘‘title’’ the following: ‘‘allowed unescorted access to a 
secure area designated in a vessel security plan ap-
proved under section 70103 of this title’’; and 
(2) in subparagraph (D), by inserting after 
‘‘tank vessel’’ the following: ‘‘allowed unescorted access 
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to a secure area designated in a vessel security plan 
approved under section 70103 of this title’’. 
SEC. 1114. INTERNATIONAL LABOR STUDY. 
The Comptroller General of the United States shall 
conduct a study of methods to conduct a background secu-
rity investigation of an individual who possesses a biomet-
ric identification card that complies with International 
Labor Convention number 185 that are equivalent to the 
investigation conducted on individuals applying for a visa 
to enter the United States. The Comptroller General shall 
submit a report on the study within 180 days after the date 
of enactment of this Act to the Committee on Transpor-
tation and Infrastructure and the Committee on Homeland 
Security of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate. 
SEC. 1115. MARITIME SECURITY ADVISORY COMMITTEES. 
Section 70112 of title 46, United States Code, is 
amended— 
(1) by amending subsection (b)(5) to read as fol-
lows: 
‘‘(5)(A) The National Maritime Security Advisory 
Committee shall be composed of— 
‘‘(i) at least 1 individual who represents the in-
terests of the port authorities; 
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SEC. 1116. SEAMEN’S SHORESIDE ACCESS. 
Each facility security plan approved under section 
70103(c) of title 46, United States Code, shall provide a 
system for seamen assigned to a vessel at that facility, pi-
lots, and representatives of seamen’s welfare and labor orga-
nizations to board and depart the vessel through the facility 
in a timely manner at no cost to the individual. 
SEC. 1117. WATERSIDE SECURITY AROUND ESPECIALLY 
HAZARDOUS 
MATERIAL 
TERMINALS 
AND 
TANKERS. 
(a) ENFORCEMENT OF SECURITY ZONES.—Consistent 
with other provisions of Federal law, any security zone es-
tablished by the Coast Guard around a tanker containing 
an especially hazardous material shall be enforced by the 
Coast Guard. If the Coast Guard must enforce multiple si-
multaneous security zones, the Coast Guard shall allocate 
resources so as to deter to the maximum extent practicable 
a transportation security incident (as that term is defined 
in section 70101 of title 46, United States Code). 
(b) LIMITATION ON RELIANCE ON STATE AND LOCAL 
GOVERNMENT.—Any security arrangement approved as 
part of a facility security plan approved after the date of 
enactment of this Act under section 70103 of title 46, 
United States Code, to assist in the enforcement of any secu-
rity zone established by the Coast Guard around a tanker 
containing an especially hazardous material, or around an 
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especially hazardous material terminal on or adjacent to 
the navigable waters of the United States and served by 
tankers carrying especially hazardous materials, may not 
be based upon the provision of security by a State or local 
government unless the State or local government has entered 
into a contract, cooperative agreement, or other arrange-
ment with the terminal operator to provide such services 
and the Secretary of the department in which the Coast 
Guard is operating, acting through the Commandant of the 
Coast Guard, ensures that the waterborne patrols operated 
as part of that security arrangement by a State or local 
government have the training, resources, personnel, equip-
ment, and experience necessary to deter to the maximum 
extent practicable a transportation security incident (as 
that term is defined in section 70101 of title 46, United 
States Code). 
(c) DETERMINATION REQUIRED
FOR NEW TERMI-
NALS.—The Secretary of the department in which the Coast 
Guard is operating, acting through the Commandant of the 
Coast Guard, may not approve a facility security plan 
under section 70103 of title 46, United States Code, for a 
new especially hazardous material terminal the construc-
tion of which is begun after the date of enactment of this 
Act unless the Secretary determines that the Coast Guard 
sector in which the terminal is located has available the 
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resources, including State and local government resources 
in accordance with subsection (b), to carry out the naviga-
tion and maritime security risk management measures 
identified by the Coast Guard pursuant to the Ports and 
Waterways Safety Act. 
(d) ESPECIALLY HAZARDOUS MATERIAL DEFINED.— 
The term ‘‘especially hazardous material’’ means anhydrous 
ammonia, ammonium nitrate, chlorine, liquefied natural 
gas, liquefied petroleum gas, and any other substance iden-
tified by the Secretary of the department in which the Coast 
Guard is operating as an especially hazardous material. 
SEC. 1118. REVIEW OF LIQUEFIED NATURAL GAS FACILI-
TIES. 
(a) NOTICE
OF DETERMINATION.—Consistent with 
other provisions of law, the Secretary of Homeland Security 
must notify the Federal Energy Regulatory Commission 
when a determination is made that the waterway to a pro-
posed waterside liquefied natural gas facility is suitable or 
unsuitable for the marine traffic associated with such facil-
ity. 
(b) FEDERAL ENERGY REGULATORY COMMISSION RE-
SPONSE.—The Federal Energy Regulatory Commission 
shall respond to the Secretary’s determination under sub-
section (a) by informing the Secretary within 90 days of 
notification or at the conclusion of any available appeal 
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process, whichever is later, of what action the Commission 
has taken, pursuant to its authorities under the Natural 
Gas Act, regarding a proposal to construct and operate a 
waterside liquefied natural gas facility subject to a deter-
mination made under subsection (a). 
SEC. 1119. USE OF SECONDARY AUTHENTICATION FOR 
TRANSPORTATION SECURITY CARDS. 
The Secretary of Homeland Security may use a sec-
ondary authentication system for individuals applying for 
transportation security cards when fingerprints are not 
able to be taken or read to enhance transportation security. 
SEC. 1120. REPORT ON STATE AND LOCAL LAW ENFORCE-
MENT AUGMENTATION OF COAST GUARD RE-
SOURCES 
WITH 
RESPECT 
TO 
SECURITY 
ZONES AND UNITED STATES PORTS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of the department in which the 
Coast Guard is operating shall submit to the Committees 
on Transportation and Infrastructure and Homeland Secu-
rity of the House of Representatives and the Committees 
on Commerce, Science, and Transportation and Homeland 
Security and Governmental Affairs of the Senate a report 
on the extent to which State and local law enforcement enti-
ties are augmenting Coast Guard resources by enforcing 
Coast Guard-imposed security zones around vessels 
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transiting to, through, or from United States ports and con-
ducting port security patrols. At a minimum, the report 
shall specify– 
(1) the number of ports in which State and local 
law enforcement entities are providing any services to 
enforce Coast Guard-imposed security zones around 
vessels transiting to, through, or from United States 
ports or to conduct security patrols in United States 
ports; 
(2) the number of formal agreements entered into 
between the Coast Guard and State and local law en-
forcement entities to engage State and local law en-
forcement entities in the enforcement of Coast Guard- 
imposed security zones around vessels transiting to, 
through, or from United States ports or the conduct 
of port security patrols in United States ports, the 
duration of those agreements, and the aid that State 
and local entities are engaged to provided through 
these agreements; 
(3) the extent to which the Coast Guard has set 
national standards for training, equipment, and re-
sources to ensure that State and local law enforcement 
entities engaged in enforcing Coast Guard-imposed se-
curity zones around vessels transiting to, through, or 
from United States ports or in conducting port secu-
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rity patrols in United States ports (or both) can deter 
to the maximum extent practicable a transportation 
security incident (as that term is defined in section 
70101 of title 46, United States Code); 
(4) the extent to which the Coast Guard has as-
sessed the ability of State and local law enforcement 
entities to carry out the security assignments which 
they have been engaged to perform, including their 
ability to meet any national standards for training, 
equipment, and resources that have been established 
by the Coast Guard in order to ensure that these enti-
ties can deter to the maximum extent practicable a 
transportation security incident (as that term is de-
fined in section 70101 of title 46, United States 
Code); 
(5) the extent to which State and local law en-
forcement entities are able to meet national standards 
for training, equipment, and resources established by 
the Coast Guard to ensure that those entities can 
deter to the maximum extent practicable a transpor-
tation security incident (as that term is defined in 
section 70101 of title 46, United States Code); 
(6) the differences in law enforcement authority, 
and particularly boarding authority, between the 
Coast Guard and State and local law enforcement en-
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tities, and the impact that these differences have on 
the ability of State and local law enforcement entities 
to provide the same level of security that the Coast 
Guard provides during the enforcement of Coast 
Guard-imposed security zones and the conduct of se-
curity patrols in United States ports; and 
(7) the extent of resource, training, and equip-
ment differences between State and local law enforce-
ment entities and the Coast Guard units engaged in 
enforcing Coast Guard-imposed security zones around 
vessels transiting to, through, or from United States 
ports or conducting security patrols in United States 
ports. 
SEC. 1121. ASSESSMENT OF TRANSPORTATION SECURITY 
CARD ENROLLMENT SITES. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Homeland 
Security shall prepare an assessment of the enrollment sites 
for transportation security cards issued under section 70105 
of title 46, United States Code, including— 
(1) the feasibility of keeping those enrollment 
sites open after September 23, 2009; and 
(2) the quality of customer service, including the 
periods of time individuals are kept on hold on the 
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telephone, whether appointments are kept, and proc-
essing times for applications. 
(b) TIMELINES
AND BENCHMARKS.—The Secretary 
shall develop timelines and benchmarks for implementing 
the findings of the assessment as the Secretary deems nec-
essary. 
TITLE XII—ALIEN SMUGGLING 
SEC. 1201. SHORT TITLE. 
This title may be cited as the ‘‘Alien Smuggling and 
Terrorism Prevention Act of 2009’’. 
SEC. 1202. FINDINGS. 
The Congress makes the following findings: 
(1) Alien smuggling by land, air and sea is a 
transnational crime that violates the integrity of 
United States borders, compromises our Nation’s sov-
ereignty, places the country at risk of terrorist activ-
ity, and contravenes the rule of law. 
(2) Aggressive enforcement activity against alien 
smuggling is needed to protect our borders and ensure 
the security of our Nation. The border security and 
anti-smuggling efforts of the men and women on the 
Nation’s front line of defense are to be commended. 
Special recognition is due the Department of Home-
land Security through the United States Border Pa-
trol, United States Coast Guard, Customs and Border 
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Protection, and Immigration and Customs Enforce-
ment, and the Department of Justice through the Fed-
eral Bureau of Investigation. 
(3) The law enforcement community must be 
given the statutory tools necessary to address this se-
curity threat. Only through effective alien smuggling 
statutes can the Justice Department, through the 
United States Attorneys’ Offices and the Domestic Se-
curity Section of the Criminal Division, prosecute 
these cases successfully. 
(4) Alien smuggling has a destabilizing effect on 
border communities. State and local law enforcement, 
medical personnel, social service providers, and the 
faith community play important roles in combating 
smuggling and responding to its effects. 
(5) Existing penalties for alien smuggling are 
insufficient to provide appropriate punishment for 
alien smugglers. 
(6) Existing alien smuggling laws often fail to 
reach the conduct of alien smugglers, transporters, re-
cruiters, guides, and boat captains. 
(7) Existing laws concerning failure to heave to 
are insufficient to appropriately punish boat opera-
tors and crew who engage in the reckless transpor-
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tation of aliens on the high seas and seek to evade 
capture. 
(8) Much of the conduct in alien smuggling rings 
occurs outside of the United States. Extraterritorial 
jurisdiction is needed to ensure that smuggling rings 
can be brought to justice for recruiting, sending, and 
facilitating the movement of those who seek to enter 
the United States without lawful authority. 
(9) Alien smuggling can include unsafe or reck-
lessly dangerous conditions that expose individuals to 
particularly high risk of injury or death. 
SEC. 1203. CHECKS AGAINST TERRORIST WATCHLIST. 
The Secretary of Homeland Security shall, to the ex-
tent practicable, check against all available terrorist 
watchlists those persons suspected of alien smuggling and 
smuggled individuals who are interdicted at the land, air, 
and sea borders of the United States. 
SEC. 1204. STRENGTHENING PROSECUTION AND PUNISH-
MENT OF ALIEN SMUGGLERS. 
Section 274(a) of the Immigration and Nationality 
Act (8 U.S.C. 1324(a)) is amended— 
(1) by amending the subsection heading to read 
as follows: ‘‘BRINGING IN, HARBORING, AND SMUG-
GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 
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(2) by amending paragraphs (1) through (2) to 
read as follows: 
‘‘(1)(A) Whoever, knowing or in reckless disregard of 
the fact that an individual is an alien who lacks lawful 
authority to come to, enter, or reside in the United States, 
knowingly— 
‘‘(i) brings that individual to the United States 
in any manner whatsoever regardless of any future 
official action which may be taken with respect to 
such individual; 
‘‘(ii) recruits, encourages, or induces that indi-
vidual to come to, enter, or reside in the United 
States; 
‘‘(iii) transports or moves that individual in the 
United States, in furtherance of their unlawful pres-
ence; or 
‘‘(iv) harbors, conceals, or shields from detection 
the individual in any place in the United States, in-
cluding any building or any means of transportation; 
or attempts or conspires to do so, shall be punished as pro-
vided in subparagraph (C). 
‘‘(B) Whoever, knowing that an individual is an alien, 
brings that individual to the United States in any manner 
whatsoever at a place, other than a designated port of entry 
or place designated by the Secretary of Homeland Security, 
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212(a)(3)(B)), be fined under title 18, United States 
Code, or imprisoned not more than 30 years, or both; 
‘‘(iv) if the offense results in serious bodily in-
jury (as defined in section 1365 of title 18, United 
States Code) or places in jeopardy the life of any per-
son, be fined under title 18, United States Code, or 
imprisoned not more than 20 years, or both; 
‘‘(v) if the offense is a violation of paragraph 
(1)(A)(i) and was committed for the purpose of profit, 
commercial advantage, or private financial gain, or 
if the offense was committed with the intent or reason 
to believe that the individual unlawfully brought into 
the United States will commit an offense against the 
United States or any State that is punishable by im-
prisonment for more than 1 year, be fined under title 
18, United States Code, and imprisoned, in the case 
of a first or second violation, not less than 3 nor more 
than 10 years, and for any other violation, not less 
than 5 nor more than 15 years; 
‘‘(vi) if the offense is a violation of paragraphs 
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and 
was committed for the purpose of profit, commercial 
advantage, or private financial gain, be fined under 
title 18, United States Code, or imprisoned not more 
than 10 years, or both; 
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‘‘(vii) if the offense involves the transit of the de-
fendant’s spouse, child, sibling, parent, grandparent, 
or niece or nephew, and the offense is not described 
in any of clauses (i) through (vi), be fined under title 
18, United States Code, or imprisoned not more than 
1 year, or both; and 
‘‘(viii) in any other case, be fined under title 18, 
United States Code, or imprisoned not more than 5 
years, or both. 
‘‘(2)(A) There is extraterritorial jurisdiction over the 
offenses described in paragraph (1). 
‘‘(B) In a prosecution for a violation of, or an attempt 
or 
conspiracy 
to 
violate, 
subsection 
(a)(1)(A)(i), 
(a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no 
defense based on necessity can be raised unless the defend-
ant— 
‘‘(i) as soon as practicable, reported to the Coast 
Guard the circumstances of the necessity, and if a res-
cue is claimed, the name, description, registry num-
ber, and location of the vessel engaging in the rescue; 
and 
‘‘(ii) did not bring, attempt to bring, or in any 
manner intentionally facilitate the entry of any alien 
into the land territory of the United States without 
lawful authority, unless exigent circumstances existed 
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that placed the life of that alien in danger, in which 
case the reporting requirement set forth in clause (i) 
is satisfied by notifying the Coast Guard as soon as 
practicable after delivering the alien to emergency 
medical or law enforcement personnel ashore. 
‘‘(C) It is not a violation of, or an attempt or con-
spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 
or paragraph (1)(A)(ii) (except if a person recruits, encour-
ages, or induces an alien to come to or enter the United 
States), for a religious denomination having a bona fide 
nonprofit, religious organization in the United States, or 
the agents or officer of such denomination or organization, 
to encourage, invite, call, allow, or enable an alien who is 
present in the United States to perform the vocation of a 
minister or missionary for the denomination or organiza-
tion in the United States as a volunteer who is not com-
pensated as an employee, notwithstanding the provision of 
room, board, travel, medical assistance, and other basic liv-
ing expenses, provided the minister or missionary has been 
a member of the denomination for at least one year. 
‘‘(D) For purposes of this paragraph and paragraph 
(1)— 
‘‘(i) the term ‘United States’ means the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United 
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States Virgin Islands, the Commonwealth of the 
Northern Mariana Islands, and any other territory or 
possession of the United States; and 
‘‘(ii) the term ‘lawful authority’ means permis-
sion, authorization, or waiver that is expressly pro-
vided for in the immigration laws of the United 
States or the regulations prescribed under those laws 
and does not include any such authority secured by 
fraud or otherwise obtained in violation of law or au-
thority that has been sought but not approved.’’. 
SEC. 1205. MARITIME LAW ENFORCEMENT. 
(a) PENALTIES.—Subsection (b) of section 2237 of title 
18, United States Code, is amended to read as follows: 
‘‘(b) Whoever intentionally violates this section shall— 
‘‘(1) if the offense results in death or involves 
kidnapping, an attempt to kidnap, the conduct re-
quired for aggravated sexual abuse (as defined in sec-
tion 2241 without regard to where it takes place), or 
an attempt to commit such abuse, or an attempt to 
kill, be fined under such title or imprisoned for any 
term of years or life, or both; 
‘‘(2) if the offense results in serious bodily injury 
(as defined in section 1365 of this title) or transpor-
tation under inhumane conditions, be fined under 
this title, imprisoned not more than 15 years, or both; 
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‘‘(3) if the offense is committed in the course of 
a violation of section 274 of the Immigration and Na-
tionality Act (alien smuggling); chapter 77 (peonage, 
slavery, and trafficking in persons), section 111 (ship-
ping), 111A (interference with vessels), 113 (stolen 
property), or 117 (transportation for illegal sexual 
activity) of this title; chapter 705 (maritime drug law 
enforcement) of title 46, or title II of the Act of June 
15, 1917 (Chapter 30; 40 Stat. 220), be fined under 
this title or imprisoned for not more than 10 years, 
or both; and 
‘‘(4) in any other case, be fined under this title 
or imprisoned for not more than 5 years, or both.’’. 
(b) LIMITATION
ON NECESSITY DEFENSE.—Section 
2237(c) of title 18, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
(2) by adding at the end the following: 
‘‘(2) In a prosecution for a violation of this section, 
no defense based on necessity can be raised unless the de-
fendant— 
‘‘(A) as soon as practicable upon reaching shore, 
delivered the person with respect to which the neces-
sity arose to emergency medical or law enforcement 
personnel; 
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‘‘(B) as soon as practicable, reported to the Coast 
Guard the circumstances of the necessity resulting 
giving rise to the defense; and 
‘‘(C) did not bring, attempt to bring, or in any 
manner intentionally facilitate the entry of any alien, 
as that term is defined in section 101(a)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1101 
(a)(3)), into the land territory of the United States 
without 
lawful 
authority, 
unless 
exigent 
cir-
cumstances existed that placed the life of that alien in 
danger, in which case the reporting requirement of 
subparagraph (B) is satisfied by notifying the Coast 
Guard as soon as practicable after delivering that 
person to emergency medical or law enforcement per-
sonnel ashore.’’. 
(c) DEFINITION.—Section 2237(e) of title 18, United 
States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5) the term ‘transportation under inhumane 
conditions’ means the transportation of persons in an 
engine compartment, storage compartment, or other 
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confined space, transportation at an excessive speed, 
transportation of a number of persons in excess of the 
rated capacity of the means of transportation, or in-
tentionally grounding a vessel in which persons are 
being transported.’’. 
SEC. 1206. AMENDMENT TO THE SENTENCING GUIDELINES. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994 of title 28, United States Code, and in accord-
ance with this section, the United States Sentencing Com-
mission shall review and, if appropriate, amend the sen-
tencing guidelines and policy statements applicable to per-
sons convicted of alien smuggling offenses and criminal fail-
ure to heave to or obstruction of boarding. 
(b) CONSIDERATIONS.—In carrying out this section, 
the Sentencing Commission, shall— 
(1) consider providing sentencing enhancements 
or stiffening existing enhancements for those convicted 
of offenses described in subsection (a) that— 
(A) involve a pattern of continued and fla-
grant violations; 
(B) are part of an ongoing commercial or-
ganization or enterprise; 
(C) involve aliens who were transported in 
groups of 10 or more; 
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(D) involve the transportation or abandon-
ment of aliens in a manner that endangered 
their lives; or 
(E) involve the facilitation of terrorist ac-
tivity; and 
(2) consider cross-references to the guidelines for 
Criminal Sexual Abuse and Attempted Murder. 
(c) EXPEDITED PROCEDURES.—The Commission may 
promulgate the guidelines or amendments under this section 
in accordance with the procedures set forth in section 21(a) 
of the Sentencing Act of 1987, as though the authority under 
that Act had not expired. 
TITLE XIII—MISCELLANEOUS 
PROVISIONS 
SEC. 1301. CERTIFICATE OF DOCUMENTATION FOR GAL-
LANT LADY. 
Section 1120(c) of the Coast Guard Authorization Act 
of 1996 (110 Stat. 3977) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘of Transportation’’ and in-
serting ‘‘of the department in which the Coast 
Guard is operating’’; and 
(B) by striking subparagraph (A) and in-
serting the following: 
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‘‘(A) the vessel GALLANT LADY (Feadship 
hull number 672, approximately 168 feet in 
length).’’; 
(2) by striking paragraphs (3) and (4) and re-
designating paragraph (5) as paragraph (3); and 
(3) in paragraph (3) (as so redesignated) by 
striking all after ‘‘shall expire’’ and inserting ‘‘on the 
date of the sale of the vessel by the owner.’’. 
SEC. 1302. WAIVERS. 
Notwithstanding section 12112 and chapter 551 of title 
46, United States Code, the Secretary of the department in 
which the Coast Guard is operating may issue a certificate 
of documentation with a coastwise endorsement for the fol-
lowing vessels: 
(1) OCEAN VERITAS (IMO Number 7366805). 
(2) MAYA (United States official number 
11073). 
(3) ZIPPER (State of New York regulation 
number NY3205EB). 
(4) GULF DIVER IV (United States official 
number 553457). 
(5) M/V GEYSIR (United States official number 
622178). 
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SEC. 1303. GREAT LAKES MARITIME RESEARCH INSTITUTE. 
Section 605 of the Coast Guard and Maritime Trans-
portation Act of 2004 (118 Stat. 1052) is amended— 
(1) in subsection (b)(1)— 
(A) by striking ‘‘The Secretary of Transpor-
tation shall conduct a study that’’ and inserting 
‘‘The Institute shall conduct maritime transpor-
tation studies of the Great Lakes region, includ-
ing studies that’’; 
(B) in subparagraphs (A), (B), (C), (E), 
(F), (H), (I), and (J) by striking ‘‘evaluates’’ 
and inserting ‘‘evaluate’’; 
(C) in subparagraphs (D) and (G) by strik-
ing ‘‘analyzes’’ and inserting ‘‘analyze’’; 
(D) by striking ‘‘and’’ at the end of sub-
paragraph (I); 
(E) by striking the period at the end of sub-
paragraph (J) and inserting a semicolon; 
(F) by adding at the end the following: 
‘‘(K) identify ways to improve the integra-
tion of the Great Lakes marine transportation 
system into the national transportation system; 
‘‘(L) examine the potential of expanded op-
erations on the Great Lakes marine transpor-
tation system; 
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‘‘(M) identify ways to include intelligent 
transportation applications into the Great Lakes 
marine transportation system; 
‘‘(N) analyze the effects and impacts of 
aging infrastructure and port corrosion on the 
Great Lakes marine transportation system; 
‘‘(O) establish and maintain a model Great 
Lakes marine transportation system database; 
and 
‘‘(P) identify market opportunities for, and 
impediments to, the use of United States-flag 
vessels in trade with Canada on the Great 
Lakes.’’; and 
(2) by striking subsection (b)(4) and inserting 
the following: 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
paragraph (1)— 
‘‘(A) $2,400,000 for fiscal year 2010; 
‘‘(B) $2,500,000 for fiscal year 2011; 
‘‘(C) $2,600,000 for fiscal year 2012; and 
‘‘(D) $2,700,000 for fiscal year 2013.’’. 
SEC. 1304. CONVEYANCE OF COAST GUARD BOAT HOUSE, 
NANTUCKET, MASSACHUSETTS. 
(a) STATION BRANT POINT BOAT HOUSE.— 
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(1) REQUIREMENT.—The Secretary of the de-
partment in which the Coast Guard is operating shall 
convey to the town of Nantucket, Massachusetts, all 
right, title, and interest of the United States in and 
to the buildings known as the Station Brant Point 
Boat House located at Coast Guard Station Brant 
Point, Nantucket, Massachusetts, for use for a public 
purpose. 
(2) TERMS OF CONVEYANCE.—A conveyance of 
the building under paragraph (1) shall be made— 
(A) without the payment of consideration; 
and 
(B) subject to appropriate terms and condi-
tions the Secretary considers necessary. 
(3) REVERSIONARY INTEREST.—All right, title, 
and interest in property conveyed under this sub-
section shall revert to the United States if any por-
tion of the property is used other than for a public 
purpose. 
(b) LEASE.— 
(1) REQUIREMENT.—The Secretary of the de-
partment in which the Coast Guard is operating shall 
enter into a lease with the town of Nantucket that au-
thorizes the town of Nantucket to occupy the land on 
which the buildings conveyed under subsection (a) are 
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located, subject to appropriate terms and conditions 
the Secretary considers necessary. 
(2) LEASE TERM.—A lease under this subsection 
shall not expire before January 31, 2033. 
(3) TERMINATION OF LEASE.—If the Secretary 
determines that the property leased under paragraph 
(1) is necessary for purposes of the Coast Guard, the 
Secretary— 
(A) may terminate the lease without pay-
ment of compensation; and 
(B) shall provide the town of Nantucket not 
less than 12 months notice of the requirement to 
vacate the site and move the buildings conveyed 
under subsection (a) to another location. 
SEC. 1305. CREW WAGES ON PASSENGER VESSELS. 
(a) FOREIGN AND INTERCOASTAL VOYAGES.— 
(1) CAP ON PENALTY WAGES.—Section 10313(g) 
of title 46, United States Code, is amended— 
(A) by striking ‘‘When’’ and inserting ‘‘(1) 
Subject to paragraph (2), when’’; and 
(B) by adding at the end the following: 
‘‘(2) The total amount required to be paid under para-
graph (1) with respect to all claims in a class action suit 
by seamen on a passenger vessel capable of carrying more 
than 500 passengers for wages under this section against 
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a vessel master, owner, or operator or the employer of the 
seamen shall not exceed ten times the unpaid wages that 
are the subject of the claims. 
‘‘(3) A class action suit for wages under this subsection 
must be commenced within three years after the later of— 
‘‘(A) the date of the end of the last voyage for 
which the wages are claimed; or 
‘‘(B) the receipt, by a seaman who is a claimant 
in the suit, of a payment of wages that are the subject 
of the suit that is made in the ordinary course of em-
ployment.’’. 
(2) DEPOSITS.—Section 10315 of such title is 
amended by adding at the end the following: 
‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written re-
quest signed by the seaman, a seaman employed on a pas-
senger vessel capable of carrying more than 500 passengers 
may authorize the master, owner, or operator of the vessel, 
or the employer of the seaman, to make deposits of wages 
of the seaman into a checking, savings, investment, or re-
tirement account, or other account to secure a payroll or 
debit card for the seaman if— 
‘‘(1) the wages designated by the seaman for such 
deposit are deposited in a United States or inter-
national financial institution designated by the sea-
man; 
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‘‘(2) such deposits in the financial institution 
are fully guaranteed under commonly accepted inter-
national standards by the government of the country 
in which the financial institution is licensed; 
‘‘(3) a written wage statement or pay stub, in-
cluding an accounting of any direct deposit, is deliv-
ered to the seaman no less often than monthly; and 
‘‘(4) while on board the vessel on which the sea-
man is employed, the seaman is able to arrange for 
withdrawal of all funds on deposit in the account in 
which the wages are deposited.’’. 
(b) COASTWISE VOYAGES.— 
(1) CAP ON PENALTY WAGES.—Section 10504(c) 
of such title is amended— 
(A) by striking ‘‘When’’ and inserting ‘‘(1) 
Subject to subsection (d), and except as provided 
in paragraph (2), when’’; and 
(B) by inserting at the end the following: 
‘‘(2) The total amount required to be paid under para-
graph (1) with respect to all claims in a class action suit 
by seamen on a passenger vessel capable of carrying more 
than 500 passengers for wages under this section against 
a vessel master, owner, or operator or the employer of the 
seamen shall not exceed ten times the unpaid wages that 
are the subject of the claims. 
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‘‘(3) A class action suit for wages under this subsection 
must be commenced within three years after the later of— 
‘‘(A) the date of the end of the last voyage for 
which the wages are claimed; or 
‘‘(B) the receipt, by a seaman who is a claimant 
in the suit, of a payment of wages that are the subject 
of the suit that is made in the ordinary course of em-
ployment.’’. 
(2) DEPOSITS.—Section 10504 of such title is 
amended by adding at the end the following: 
‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written re-
quest signed by the seaman, a seaman employed on a pas-
senger vessel capable of carrying more than 500 passengers 
may authorize, the master, owner, or operator of the vessel, 
or the employer of the seaman, to make deposits of wages 
of the seaman into a checking, savings, investment, or re-
tirement account, or other account to secure a payroll or 
debit card for the seaman if— 
‘‘(1) the wages designated by the seaman for such 
deposit are deposited in a United States or inter-
national financial institution designated by the sea-
man; 
‘‘(2) such deposits in the financial institution 
are fully guaranteed under commonly accepted inter-
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national standards by the government of the country 
in which the financial institution is licensed; 
‘‘(3) a written wage statement or pay stub, in-
cluding an accounting of any direct deposit, is deliv-
ered to the seaman no less often than monthly; and 
‘‘(4) while on board the vessel on which the sea-
man is employed, the seaman is able to arrange for 
withdrawal of all funds on deposit in the account in 
which the wages are deposited.’’. 
SEC. 1306. TECHNICAL CORRECTIONS. 
(a) COAST GUARD AND MARITIME TRANSPORTATION 
ACT OF 2006.—Effective with enactment of the Coast Guard 
and Maritime Transportation Act of 2006 (Public Law 
109–241), such Act is amended— 
(1) in section 311(b) (120 Stat. 530) by insert-
ing ‘‘paragraphs (1) and (2) of’’ before ‘‘section 
8104(o)’’; 
(2) in section 603(a)(2) (120 Stat. 554) by strik-
ing ‘‘33 U.S.C. 2794(a)(2)’’ and inserting ‘‘33 U.S.C. 
2704(a)(2)’’; 
(3) in section 901(r)(2) (120 Stat. 566) by strik-
ing ‘‘the’’ the second place it appears; 
(4) in section 902(c) (120 Stat. 566) by inserting 
‘‘of the United States’’ after ‘‘Revised Statutes’’; 
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(9) in section 902(k) (120 Stat. 568) is amend-
ed— 
(A) by inserting ‘‘the Act of March 23, 
1906, commonly known as’’ before ‘‘the General 
Bridge’’; 
(B) by striking ‘‘491)’’ and inserting 
‘‘494),’’; and 
(C) by inserting ‘‘each place it appears’’ be-
fore ‘‘and inserting’’. 
(b) TITLE 14.— 
(1) The analysis for chapter 7 of title 14, United 
States Code, is amended by adding a period at the 
end of the item relating to section 149. 
(2) The analysis for chapter 17 of title 14, 
United States Code, is amended by adding a period 
at the end of the item relating to section 677. 
(3) The analysis for chapter 9 of title 14, United 
States Code, is amended by adding a period at the 
end of the item relating to section 198. 
(c) TITLE 46.— 
(1) The analysis for chapter 81 of title 46, 
United States Code, is amended by adding a period 
at the end of the item relating to section 8106. 
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(2) Section 70105(c)(3)(C) of such title is 
amended by striking ‘‘National Intelligence Director’’ 
and inserting ‘‘Director of National Intelligence’’. 
(d) DEEPWATER PORT ACT OF 1974.—Section 5(c)(2) 
of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)) 
is amended by aligning the left margin of subparagraph 
(K) with the left margin of subparagraph (L). 
(e) OIL POLLUTION ACT OF 1990.— 
(1) Section 1004(a)(2) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2704(a)(2)) is amended by strik-
ing the first comma following ‘‘$800,000’’. 
(2) The table of sections in section 2 of such Act 
is amended by inserting a period at the end of the 
item relating to section 7002. 
(f) COAST GUARD AUTHORIZATION ACT OF 1996.— 
The table of sections in section 2 of the Coast Guard Author-
ization Act of 1996 is amended in the item relating to sec-
tion 103 by striking ‘‘reports’’ and inserting ‘‘report’’. 
SEC. 1307. CONVEYANCE OF DECOMMISSIONED COAST 
GUARD CUTTER STORIS. 
(a) IN GENERAL.—Upon the scheduled decommis-
sioning of the Coast Guard Cutter STORIS, the Com-
mandant of the Coast Guard shall convey, without consider-
ation, all right, title, and interest of the United States in 
and to that vessel to the USCG Cutter STORIS Museum 
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and Maritime Education Center, LLC, located in the State 
of Alaska if the recipient— 
(1) agrees— 
(A) to use the vessel for purposes of a mu-
seum and historical display; 
(B) not to use the vessel for commercial 
transportation purposes; 
(C) to make the vessel available to the 
United States Government if needed for use by 
the Commandant in time of war or a national 
emergency; and 
(D) to hold the Government harmless for 
any claims arising from exposure to hazardous 
materials, 
including 
asbestos 
and 
poly-
chlorinated biphenyls, after conveyance of the 
vessel, except for claims arising from the use by 
the Government under subparagraph (C); 
(2) has funds available that will be committed to 
operate and maintain in good working condition the 
vessel conveyed, in the form of cash, liquid assets, or 
a written loan commitment and in an amount of at 
least $700,000; and 
(3) agrees to any other conditions the Com-
mandant considers appropriate. 
(b) MAINTENANCE AND DELIVERY OF VESSEL.— 
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(1) MAINTENANCE.—Before conveyance of the 
vessel under this section, the Commandant shall make, 
to the extent practical and subject to other Coast 
Guard mission requirements, every effort to maintain 
the integrity of the vessel and its equipment until the 
time of delivery. 
(2) DELIVERY.—If a conveyance is made under 
this section, the Commandant shall deliver the vessel 
to a suitable mooring in the local area in its present 
condition. 
(3) TREATMENT OF CONVEYANCE.—The convey-
ance of the vessel under this section shall not be con-
sidered a distribution in commerce for purposes of 
section 6(e) of Public Law 94–469 (15 U.S.C. 
2605(e)). 
(c) OTHER EXCESS EQUIPMENT.—The Commandant 
may convey to the recipient of a conveyance under sub-
section (a) any excess equipment or parts from other decom-
missioned Coast Guard vessels for use to enhance the oper-
ability and function of the vessel conveyed under subsection 
(a) for purposes of a museum and historical display. 
SEC. 1308. CONVEYANCE OF COAST GUARD HU–25 FALCON 
JET AIRCRAFT. 
(a) AUTHORITY TO CONVEY.—Notwithstanding any 
other law, the Commandant of the Coast Guard may convey 
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to the Elizabeth City State University (in this section re-
ferred to as the ‘‘University’’), a public university located 
in the State of North Carolina, without consideration all 
right, title, and interest of the United States in an HU– 
25 Falcon Jet aircraft under the administrative jurisdic-
tion of the Coast Guard that the Commandant determines— 
(1) is appropriate for use by the University; and 
(2) is excess to the needs of the Coast Guard. 
(b) CONDITIONS.— 
(1) IN GENERAL.—As a condition of conveying 
an aircraft to the University under subsection (a), the 
Commandant shall enter into an agreement with the 
University under which the University agrees— 
(A) to utilize the aircraft for educational 
purposes or other public purposes as jointly 
agreed upon by the Commandant and the Uni-
versity before conveyance; and 
(B) to hold the United States harmless for 
any claim arising with respect to the aircraft 
after conveyance of the aircraft. 
(2) REVERSIONARY
INTEREST.—If the Com-
mandant determines that the recipient violated sub-
paragraph (A) or (B) of paragraph (1), then— 
(A) all right, title, and interest in the air-
craft shall revert to the United States; 
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