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SEC. 1323. CONVEYANCE OF COAST GUARD PROPERTY IN 
CHEBOYGAN, MICHIGAN. 
(a) CONVEYANCE
AUTHORIZED.—Notwithstanding 
any other provision of law, the Commandant of the Coast 
Guard is authorized to convey, at fair market value, all 
right, title, and interest of the United States in and to 
a parcel of real property, consisting of approximately 3 
acres, more or less, that is under the administrative con-
trol of the Coast Guard and located at 900 S. Western 
Avenue in Cheboygan, Michigan. 
(b) RIGHT OF FIRST REFUSAL.—The Cornerstone 
Christian Academy, located in Cheboygan, MI, shall have 
the right of first refusal to purchase, at fair market value, 
all or a portion of the real property described in subsection 
(a). 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Commandant of the Coast Guard. 
(d) FAIR MARKET VALUE.—The fair market value 
of the property shall be— 
(1) determined by appraisal, in accordance with 
the Uniform Appraisal Standards for Federal Land 
Acquisitions and the Uniform Standards of Profes-
sional Appraisal Practice; and 
(2) subject to the approval of the Commandant. 
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(e) COSTS OF CONVEYANCE.—The purchaser shall be 
responsible for all reasonable and necessary costs, includ-
ing real estate transaction and environmental documenta-
tion costs, associated with the transaction. 
(f) CREDIT OF FUNDS.—Notwithstanding any other 
provision of law, the net proceeds of a conveyance, author-
ized under subsection (a), shall— 
(1) be credited to the Coast Guard Environ-
mental Compliance and Restoration appropriations 
account current at the time collection is made; 
(2) be made available, subject to appropriation, 
for environmental compliance and restoration pur-
poses in conjunction with any disposal of any prop-
erty under the administrative control of the Coast 
Guard; and 
(3) remain available for such purposes until ex-
pended. 
(g) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant of the Coast Guard may require such addi-
tional terms and conditions in connection with the convey-
ance under subsection (a) as is considered appropriate to 
protect the interests of the United States. 
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SEC. 1324. DISCHARGES INCIDENTAL TO NORMAL OPER-
ATION OF VESSELS. 
Public Law 110–299 (122 Stat. 2995, 33 U.S.C. 
1342 note) is amended in section 2(a) by striking ‘‘during 
the 2-year period beginning on the date of enactment of 
this Act’’ and inserting ‘‘during the period beginning on 
the date of enactment of this Act and ending December 
18, 2013’’. 
SEC. 1325. TALL SHIP CHALLENGE RACE. 
(a) FINDINGS.—The Congress finds that— 
(1) The Tall Ship Challenge race will occur on 
the Great Lakes in 2010; 
(2) the ships will race through all five Great 
Lakes, two Canadian provinces, and five American 
States for the first time; 
(3) the ships will also promote water conserva-
tion education and training of youth; and 
(4) thousands of Americans will visit the ships 
when they are in United States ports. 
(b) ENSURING PARTICIPATION.—The Congress urges 
the Commandant of the Coast Guard to take all initiative 
necessary to ensure that tall ships can participate in the 
Tall Ship Challenge race in a safe manner including modi-
fications to the pilotage requirements under the authority 
of section 2113 of title 46, United States Code. 
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SEC. 1326. HAITIAN MARITIME CADETS. 
Section 51304 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(e) HAITI.—The Secretary of Transportation, with 
the approval of the Secretary of State, may appoint indi-
viduals from Haiti to receive instruction at the Academy. 
Individuals appointed under this subsection are in addition 
to those appointed under any other provision of this chap-
ter.’’. 
SEC. 1327. ALTERNATIVE LICENSING PROGRAM FOR OPER-
ATORS OF UNINSPECTED PASSENGER VES-
SELS ON LAKE TEXOMA IN TEXAS AND OKLA-
HOMA. 
(a) IN GENERAL.—Upon the request of the Governor 
of the State of Texas or the Governor of the State of Okla-
homa, the Secretary of the department in which the Coast 
Guard is operating shall enter into an agreement with the 
Governor of the State whereby the State shall license oper-
ators of uninspected passenger vessels operating on Lake 
Texoma in Texas and Oklahoma in lieu of the Secretary 
issuing the license pursuant to section 8903 of title 46, 
United States Code, and the regulations issued there-
under, but only if the State plan for licensing the opera-
tors of uninspected passenger vessels— 
(1) meets the equivalent standards of safety 
and protection of the environment as those con-
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tained in subtitle II of title 46, United States Code, 
and regulations issued thereunder; 
(2) includes— 
(A) standards for chemical testing for such 
operators; 
(B) physical standards for such operators; 
(C) professional service and training re-
quirements for such operators; and 
(D) criminal history background check for 
such operators; 
(3) provides for the suspension and revocation 
of State licenses; 
(4) makes an individual, who is ineligible for a 
license issued under title 46, United States Code, in-
eligible for a State license; and 
(5) provides for a report that includes— 
(A) the number of applications that, for 
the preceding year, the State rejected due to 
failure to— 
(i) meet chemical testing standards; 
(ii) meet physical standards; 
(iii) meet professional service and 
training requirements; and 
(iv) pass criminal history background 
check for such operators; 
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(B) the number of licenses that, for the 
preceding year, the State issued; 
(C) the number of license investigations 
that, for the preceding year, the State con-
ducted; 
(D) the number of licenses that, for the 
preceding year, the State suspended or revoked, 
and the cause for such suspensions or revoca-
tions; and 
(E) the number of injuries, deaths, colli-
sions, and loss or damage associated with 
uninspected passenger vessels operations that, 
for the preceding year, the State investigated. 
(b) ADMINISTRATION.— 
(1) The Governor of the State may delegate the 
execution and enforcement of the State plan, includ-
ing the authority to license and the duty to report 
information pursuant to subsection (a), to any sub-
ordinate State officer. The Governor shall provide, 
to the Secretary, written notice of any delegation. 
(2) The Governor (or the Governor’s designee) 
shall provide written notice of any amendment to the 
State plan no less than 45 days prior to the effective 
date of such amendment. 
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(I) standards for chemical testing 
for such operators, 
(II) physical standards for such 
operators, 
(III) professional service and 
training requirements for such opera-
tors, or 
(IV) background and criminal in-
vestigations for such operators; 
(iii) does not provide for the suspen-
sion and revocation of State licenses; or 
(iv) does not make an individual, who 
is ineligible for a license issued under title 
46, United States Code, ineligible for a 
State license; or 
(B) the Governor (or the Governor’s des-
ignee) fails to report pursuant to subsection (b), 
the Secretary shall terminate the agreement author-
ized by this section, provided that the Secretary pro-
vides written notice to the Governor of the State 60 
days in advance of termination. The findings of fact 
and conclusions of the Secretary, if based on a pre-
ponderance of the evidence, shall be conclusive. 
(2) The Governor of the State may terminate 
the agreement authorized by this section, provided 
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that the Governor provides written notice to the Sec-
retary 60 days in advance of the termination date. 
(e) EXISTING AUTHORITY.—Nothing in this section 
shall affect or diminish the authority or jurisdiction of any 
Federal or State officer to investigate, or require reporting 
of, marine casualties. 
(f) DEFINITIONS.—For the purposes of this section, 
the term ‘‘uninspected passenger vessel’’ has the same 
meaning such term has in section 2101(42)(B) of title 46, 
United States Code. 
SEC. 1328. IMPROVEMENTS TO REDUCE HUMAN ERROR 
AND NEAR-MISS INCIDENTS. 
(a) REPORT.—Within 1 year after the date of enact-
ment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall transmit a report to 
the House of Representatives Committee on Transpor-
tation and Infrastructure and the Senate Committee on 
Commerce, Science, and Transportation that, using avail-
able data— 
(1) identifies the types of human errors that, 
combined, account for over 50 percent of all oils 
spills involving vessels that have been caused by 
human error in the past 10 years; 
(2) identifies the most frequent types of near- 
miss oil spill incidents involving vessels such as colli-
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sions, groundings, and loss of propulsion in the past 
10 years; 
(3) describes the extent to which there are gaps 
in the data with respect to the information required 
under paragraphs (1) and (2) and explains the rea-
son for those gaps; and 
(4) includes recommendations by the Secretary 
to address the identified types of errors and inci-
dents to address any such gaps in the data. 
(b) MEASURES.—Based on the findings contained in 
the report required by subsection (a), the Secretary shall 
take appropriate action, both domestically and at the 
International Maritime Organization, to reduce the risk 
of oil spills caused by human error. 
SEC. 1329. CONVEYANCE OF COAST GUARD PROPERTY IN 
PORTLAND, MAINE. 
Section 347 of the Maritime Transportation Security 
Act of 2002 (116 Stat. 2108; as amended by section 706 
of Public Law 109–347 (120 Stat. 1946)) is amended— 
(1) in subsection (c)(1), by striking ‘‘December 
31, 2009’’ and inserting ‘‘December 31, 2011’’; 
(2) in subsection (d)(1), by striking ‘‘its pro-
posed public aquarium’’ and inserting ‘‘a new build-
ing in compliance with the waterfront provisions of 
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the City of Portland Code of Ordinances adjacent to 
the pier and bulkhead’’; and 
(3) in subsection (i), by adding at the end the 
following new paragraph: 
‘‘(3) PUBLIC AQUARIUM.—For purposes of this 
section, the term ‘aquarium’ or ‘public aquarium’ as 
used in this section or in the deed delivered to the 
Corporation or any agreement entered into pursuant 
to this section, means any new building constructed 
by the Corporation adjacent to the pier and bulk-
head in compliance with the waterfront provisions of 
the City of Portland Code of Ordinances.’’. 
SEC. 1330. TUG ESCORTS FOR LADEN OIL TANKERS. 
Within 1 year after the date of enactment of this Act, 
the Secretary of State, in consultation with the Com-
mandant of the Coast Guard, is encouraged to enter into 
negotiations with the Government of Canada to ensure 
that tugboat escorts are required for all tank ships with 
a capacity over 40,000 deadweight tons in the Strait of 
Juan de Fuca, Strait of Georgia, and in Haro Strait. The 
Commandant shall consult with the State of Washington 
and affected tribal governments during negotiations with 
the Government of Canada. 
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SEC. 1331. STUDY AND REPORT REGARDING EFFECTS RE-
SULTING FROM CHANGES IN UNITED STATES 
IMMIGRATION POLICY TOWARD HAITI. 
The Secretary of the department in which the Coast 
Guard is operating shall conduct a study and submit a 
report to Congress within 180 days after the date of the 
enacment of this Act examining the Coast Guard’s current 
ability to respond to any possible short- and long-term ef-
fects resulting from changes in United States immigration 
policy toward Haiti. The study and report shall examine 
several likely scenarios and draw upon past experiences 
with changes to immigration policy with regards to Haiti. 
SEC. 1332. STRATEGY REGARDING DRUG TRAFFICKING 
VESSELS. 
Within 180 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast 
Guard is operating, acting through the Commandant of 
the Coast Guard, shall develop a comprehensive strategy 
to combat the illicit flow of narcotics, weapons, bulk cash, 
and other contraband through the use of submersible and 
semi-submersible vessels. The strategy shall be developed 
in coordination with other Federal agencies engaged in de-
tection, interdiction, or apprehension of such vessels. At 
a minimum, the strategy shall include the following: 
(1) An assessment of the threats posed by sub-
mersible and semi-submersible vessels, including the 
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number of such vessels that have been detected or 
interdicted. 
(2) Information regarding the Federal per-
sonnel, technology and other resources available to 
detect and interdict such vessels. 
(3) An explanation of the Coast Guard’s plan, 
working with other Federal agencies as appropriate, 
to detect and interdict such vessels. 
(4) An assessment of additional personnel, tech-
nology, or other resources necessary to address such 
vessels. 
SEC. 1333. AUTHORITY OF THE COAST GUARD TO CARRY 
OUT ITS HOMELAND SECURITY MISSIONS. 
The provisions of this Act that relate to the Coast 
Guard’s marine safety mission shall not impair the author-
ity of the Coast Guard to carry out its homeland security 
missions, including— 
(1) protecting ports, waterways, and marine 
transportation systems in the United States from 
acts of terrorism; 
(2) safeguarding the United States’ inter-
national borders from maritime intrusions by aliens 
seeking unlawful entry into the United States, and 
from individuals who aim to traffic in illegal drugs, 
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firearms, and weapons of mass destruction in the 
United States; 
(3) maintaining defense readiness, as one of the 
armed forces, to rapidly mobilize and deploy defen-
sive security personnel during a national emergency; 
(4) coordinating efforts with Federal, State, 
and local intelligence agencies to deter, detect, and 
take action against acts of terrorism; 
(5) preventing human smuggling operations at 
ports, on waterways, and throughout the marine 
transportation system; and 
(6) enhancing stability in the United States in 
support of the national security strategy of the 
United States as referred to in section 108 of the 
National Security Act of 1947 (50 U.S.C. 404a). 
SEC. 1334. USE OF FORCE AGAINST PIRACY. 
(a) IN GENERAL.—Notwithstanding title X of this 
Act, chapter 81 of title 46, United States Code, is amend-
ed by adding at the end the following new section: 
‘‘§ 8107. Use of force against piracy 
‘‘(a) LIMITATION ON LIABILITY.—An owner, oper-
ator, time charterer, master, or mariner who uses force, 
or authorizes the use of force, to defend a vessel of the 
United States against an act of piracy shall not be liable 
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for any injury or death caused by such force to any person 
participating in the act of piracy. 
‘‘(b) PROMOTION
OF COORDINATED ACTION.—To 
carry out the purpose of this section, the Secretary of the 
department in which the Coast Guard is operating shall 
work through the International Maritime Organization to 
establish agreements to promote coordinated action among 
flag- and port-states to deter, protect against, and rapidly 
respond to acts of piracy against the vessels of, and in 
the waters under the jurisdiction of, those nations, and 
to ensure limitations on liability similar to those estab-
lished by subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following new item: 
‘‘8107. Use of force against piracy.’’. 
SEC. 1335. REPORT ON THE EFFECT OF FACILITIES INFRA-
STRUCTURE ON MISSION FULFILLMENT. 
(a) STUDY.—The Commandant of the Coast Guard 
shall conduct a national study on the facility infrastruc-
ture requirements needed to fulfill the Coast Guard’s pre-
scribed missions and capabilities, and ensure that the de-
partment in which the Coast Guard is operating maintains 
the ability to utilize the latest technologies. 
(b) REPORT.—Within 180 days after the date of en-
actment of this Act, the Commandant shall submit a re-
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port on the results of the study conducted under sub-
section (a) to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate. The report shall include— 
(1) an assessment of any current shortfalls in 
facility infrastructure, including the extent of the 
use of temporary trailers and an inventory of the 
number and type of new facilities needed to meet the 
Coast Guards’s mission needs; and 
(2) a plan for how the Commandant will de-
velop the appropriate facility infrastructure, includ-
ing timelines, budgets, and any additional legislative 
authority the Commandant determines is required to 
implement such plan. 
TITLE XIV—SERVICEMEMBER 
BENEFITS IMPROVEMENT 
SEC. 1401. SHORT TITLE. 
This title may be cited as the ‘‘United States Coast 
Guard Servicemember Benefits Improvements Act’’. 
SEC. 1402. COAST GUARD HOUSING. 
(a) IN GENERAL.—The Secretary of the department 
in which the Coast Guard is operating shall conduct a 
study of military family housing and military unaccom-
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panied housing available to members and officers of the 
Coast Guard. 
(b) COMPONENTS OF THE STUDY.—The study re-
quired in subsection (a) shall include— 
(1) an inventory of all military family housing 
and military unaccompanied housing units adminis-
tered by the Coast Guard and their locations; 
(2) a review of the physical condition of such 
units; 
(3) a review of the availability of housing units 
administered by the Coast Guard to members and 
officers assigned to field units of the Coast Guard; 
(4) a review of the availability of housing units 
administered by the other armed services to mem-
bers and officers assigned to field units of the Coast 
Guard; and 
(5) recommendations on statutory authorities 
that are necessary to improve availability of military 
housing to members and officers of the Coast Guard. 
(c) REPORT.—The Secretary shall submit a report in-
cluding the findings and recommendations of the study re-
quired under subsection (a) to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
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Transportation of the Senate not later than 1 year after 
the date of enactment of this Act. 
SEC. 1403. CHILD DEVELOPMENT SERVICES. 
Section 515 of title 14, United States Code, is 
amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b)(1) The Commandant is authorized to use 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 attend-
ance 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 
expend 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. 
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‘‘(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 
servicemembers 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. 1404. CHAPLAIN ACTIVITY EXPENSE. 
Section 145 of title 14, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the pe-
riod 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: 
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‘‘(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 
component in an active status and their dependents, in 
building and maintaining a strong family structure. 
‘‘(2) In this subsection, the term ‘support services’ 
include transportation, food, lodging, child care, supplies, 
fees, and training materials for members of the Coast 
Guard on active duty and their dependents, and members 
of the reserve component in an active status and their de-
pendents, while participating in programs referred to in 
paragraph (1), including participation at retreats and con-
ferences. 
‘‘(3) In this subsection, the term ‘dependents’ has the 
same meaning as defined in section 1072(2) of title 10.’’. 
SEC. 1405. 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 
appropriate design, with ribbons and appurtenances, to a 
person who, while serving in any capacity with the Coast 
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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 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 
person who, while serving in any capacity with the Coast 
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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 
further amended— 
(1) in section 494, by striking ‘‘distinguished 
service medal, distinguished flying cross,’’ and in-
serting ‘‘Coast Guard cross, distinguished service 
medal, silver star medal, distinguished flying cross,’’ 
in both places it appears; 
(2) in section 496— 
(A) in the matter preceding paragraph (1) 
of subsection (a), by striking ‘‘distinguished 
service medal, distinguished flying cross,’’ and 
inserting ‘‘Coast Guard cross, distinguished 
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362 
HR 3619 PCS 
service medal, silver star medal, distinguished 
flying cross,’’; and 
(B) in subsection (b)(2), by striking ‘‘dis-
tinguished service medal, distinguished flying 
cross,’’ and inserting ‘‘Coast Guard cross, dis-
tinguished service medal, silver star medal, dis-
tinguished flying cross,’’; and 
(3) in section 497, by striking ‘‘distinguished 
service medal, distinguished flying cross,’’ and in-
serting ‘‘Coast Guard cross, distinguished service 
medal, silver star medal, distinguished flying cross,’’. 
(d) CLERICAL AMENDMENTS.—The analysis at the 
beginning of such chapter is amended— 
(1) by inserting after the item relating to sec-
tion 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.’’. 
Passed the House of Representatives October 23, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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Calendar No. 195 
111TH CONGRESS 
1ST SESSION 
H. R. 3619 
AN ACT 
To authorize appropriations for the Coast Guard 
for fiscal year 2010, and for other purposes. 
NOVEMBER 2, 2009 
Read twice and placed on the calendar 
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