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aware of the breach of an acquisition program baseline for 
any Level 1 or Level 2 acquisition program, by— 
‘‘(1) a likely cost overrun greater than 15 percent 
of the acquisition program baseline for that individual 
capability or asset or a class of capabilities or assets; 
‘‘(2) a likely delay of more than 180 days in the de-
livery schedule for any individual capability or asset or 
class of capabilities or assets; or 
‘‘(3) an anticipated failure for any individual capa-
bility 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 subsection 
(a) shall include— 
‘‘(1) a detailed description of the breach and an ex-
planation 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 acquisi-
tion program baseline; 
‘‘(4) the updated acquisition schedule and the com-
plete history of changes to the original schedule; 
‘‘(5) a full life-cycle cost analysis for the capability 
or asset or class of capabilities or assets;
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‘‘(6) a remediation plan identifying corrective ac-
tions 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 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 explanation, that— 
‘‘(1) the capability or asset or capability or asset 
class to be acquired under the project or program is es-
sential to the accomplishment of Coast Guard missions; 
‘‘(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-effective and 
timely manner; 
‘‘(3) the new acquisition schedule and estimates for 
total acquisition cost are reasonable; and 
‘‘(4) the management structure for the acquisition 
program is adequate to manage and control perform-
ance, cost, and schedule.
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‘‘§ 576. Acquisition approval authority 
‘‘Nothing in this subchapter shall be construed as alter-
ing or diminishing in any way the statutory authority and re-
sponsibility of the Secretary of the department in which the 
Coast Guard is operating, or the Secretary’s designee, to— 
‘‘(1) manage and administer department procure-
ments, including procurements by department compo-
nents, as required by section 701 of the Homeland Secu-
rity 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 Procurement Policy 
Act (41 U.S.C. 414) and related implementing regula-
tions and directives. 
‘‘SUBCHAPTER III—DEFINITIONS 
‘‘§ 581. Definitions 
‘‘In this chapter: 
‘‘(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional committees’ 
means the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Sen-
ate.
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‘‘(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 ac-
quisition’ means— 
‘‘(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 Acquisition 
Officer of the Coast Guard determines to have a 
special interest— 
‘‘(i) due to— 
‘‘(I) the experimental or technically 
immature nature of the asset; 
‘‘(II) the technological complexity of 
the asset; 
‘‘(III) the commitment of resources; 
or 
‘‘(IV) the nature of the capability or 
set of capabilities to be achieved; or
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‘‘(ii) because such acquisition is a joint ac-
quisition. 
‘‘(5) LEVEL 2 ACQUISITION.—The term ‘Level 2 ac-
quisition’ 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 
‘‘(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, construc-
tion, and operations and support for a particular capa-
bility or asset, without regard to funding source or man-
agement control. 
‘‘(7) PROJECT OR PROGRAM MANAGER DEFINED.— 
The term ‘project or program manager’ means an indi-
vidual 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 concern’ 
means any hazard associated with a capability or asset
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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, repairing, or oper-
ating the capability, asset, or subsystem or any hazard 
associated with the capability, asset, or subsystem that 
is likely to cause major damage to the capability, asset, 
or subsystem during the 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 performance 
requirements, including technical performance re-
quirements, supportability requirements, and inter-
operability requirements and related specifications; 
and 
‘‘(B) the evaluation of the results of such test-
ing. 
‘‘(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 capability 
or asset and subsystems will actually be deployed,
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•HRES 1665 EH 
for the purpose of determining the effectiveness and 
suitability of the capability or asset and subsystems 
for use by typical Coast Guard users to conduct 
those missions for which the capability or asset and 
subsystems are intended to be used; and 
‘‘(B) the evaluation of the results of such test-
ing.’’. 
(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 De-
partment of Homeland Security Inspector General’s Report 
OIG–07–23 dated January 2007, the Commandant shall sub-
mit to the appropriate congressional committees all results of 
an assessment of the proposed hull strengthening design con-
ducted 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 per-
formance requirements;
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•HRES 1665 EH 
(2) a cost-benefit analysis of the proposed hull 
strengthening measures for National Security Cutters 1 
and 2; and 
(3) a description of any operational restrictions that 
would have to be applied to either National Security 
Cutter 1 or 2 if the proposed hull strengthening meas-
ures were not implemented on either cutter. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section the term ‘‘appropriate congressional committees’’ 
means the Committees on Transportation and Infrastructure 
and Homeland Security of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of 
the Senate. 
SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AU-
THORITY. 
(a) IN GENERAL.—For purposes of sections 3304, 5333, 
and 5753 of title 5, United States Code, the Commandant of 
the Coast Guard may— 
(1) designate any category of acquisition positions 
within the Coast Guard as shortage category positions; 
and 
(2) use the authorities in such sections to recruit 
and appoint highly qualified persons directly to positions 
so designated.
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•HRES 1665 EH 
(b) LIMITATION.—The Commandant may not appoint a 
person to a position of employment under this paragraph 
after September 30, 2012. 
(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 Moderniza-
tion Act of 2010’’. 
Subtitle A—Coast Guard Leadership 
SEC. 511. VICE ADMIRALS. 
(a) VICE ADMIRALS.—Section 50 of such title is amend-
ed to read as follows: 
‘‘§ 50. Vice admirals 
‘‘(a)(1) The President may designate no more than 4 po-
sitions 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.
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•HRES 1665 EH 
‘‘(2) The President may appoint, by and with the advice 
and consent of the Senate, and reappoint, by and with the 
advice and consent of the Senate, to any such position an of-
ficer of the Coast Guard who is serving on active duty above 
the grade of captain. The Commandant shall make rec-
ommendations 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, marine 
casualty investigations, mariner licensing, or an equivalent 
technical expertise in the design and construction of commer-
cial vessels, with at least 4 years of leadership 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 marine 
safety, security, and stewrdship possesses that experience. 
‘‘(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.
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•HRES 1665 EH 
‘‘(2) An officer who is appointed to a position designated 
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), begin-
ning 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 dis-
charged 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 per-
manent grade.
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•HRES 1665 EH 
‘‘(d) Whenever a vacancy occurs in a position designated 
under subsection (a), the Commandant shall inform the 
President of the qualifications needed by an officer serving 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 in-
serting 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 re-
tired while serving in the grade of vice admiral, or who, after 
serving at least 21⁄2 years in the grade of vice admiral, is re-
tired while serving in a lower grade, may in the discretion 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
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•HRES 1665 EH 
(2) by striking ‘‘Area Commander, or Chief of 
Staff’’ in subsection (d)(2) and inserting ‘‘or Vice Admi-
ral’’. 
(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 provi-
sions of this section shall be considered as having been con-
tinued 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— 
(A) by striking the item relating to section 47 
and inserting the following: 
‘‘47. Vice Commandant; appointment.’’;
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•HRES 1665 EH 
(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 serv-
ing as Chief of Staff, Commander, Atlantic Area, or 
Commander, Pacific Area— 
(A) shall continue to have the grade of vice ad-
miral 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 al-
lowance of that grade, for not more than 1 year 
after the date of enactment of this Act, to perform
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•HRES 1665 EH 
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 sec-
tions: 
‘‘§ 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 positions are 
identified in terms of the education, training, experience, 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 as-
signed as a— 
‘‘(1) marine inspector shall have the training, expe-
rience, and qualifications equivalent to that required for 
a similar position at a classification society recognized by 
the Secretary under section 3316 of title 46 for the type 
of vessel, system, or equipment that is inspected;
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•HRES 1665 EH 
‘‘(2) marine casualty investigator shall have the 
training, experience, and qualifications in investigation, 
marine casualty reconstruction, evidence collection and 
preservation, human factors, and documentation using 
best investigation practices by Federal and non-Federal 
entities; or 
‘‘(3) marine safety engineer shall have knowledge, 
skill, and practical experience in— 
‘‘(A) the construction and operation of com-
mercial vessels; 
‘‘(B) judging the character, strength, stability, 
and safety qualities of such vessels and their equip-
ment; or 
‘‘(C) the qualifications and training of vessel 
personnel. 
‘‘(c) APPRENTICESHIP REQUIREMENT TO QUALIFY FOR 
CERTAIN CAREERS.—The Commandant may require an offi-
cer, member, or employee of the Coast Guard in training for 
a specialized prevention or response career path to serve an 
apprenticeship under the guidance of a qualified individual. 
However, an individual in training to become a marine in-
spector, marine casualty investigator, or marine safety engi-
neer shall serve a minimum of one-year as an apprentice un-
less the Commandant authorizes a shorter period for certain 
qualifications.
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•HRES 1665 EH 
‘‘(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 vessels, 
vessel systems, and equipment commonly found in the 
sector; and 
‘‘(2) qualified marine casualty investigator or ma-
rine safety engineer. 
‘‘(g) SIGNATORIES OF LETTER OF QUALIFICATION FOR 
CERTAIN PREVENTION PERSONNEL.—Each individual sign-
ing a letter of qualification for marine safety personnel must 
hold a letter of qualification for the type being certified. 
‘‘(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 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 ex-
pertise for prevention and response missions of the Coast 
Guard (in this section referred to as a ‘center’).
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‘‘(b) MISSIONS.—Each center shall— 
‘‘(1) promote and facilitate education, training, and 
research; 
‘‘(2) develop a repository of information on its mis-
sions 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.— 
‘‘(1) Except as provided in paragraph (2), the Com-
mandant may accept, on behalf of a center, donations to 
be used to defray the costs of the center or to enhance 
the operation of the center. Those donations may be ac-
cepted from any State or local government, any foreign 
government, any foundation or other charitable organiza-
tion (including any that is organized or operates under 
the laws of a foreign country), or any individual.
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•HRES 1665 EH 
‘‘(2) The Commandant may not accept a donation 
under paragraph (1) if the acceptance of the donation 
would compromise or appear to compromise— 
‘‘(A) the ability of the Coast Guard or the de-
partment in which the Coast Guard is operating, 
any employee of the Coast Guard or the depart-
ment, 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 pro-
gram. 
‘‘(3) The Commandant shall prescribe written guid-
ance setting forth the criteria to be used in determining 
whether or not the acceptance of a donation from a for-
eign 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 purpose of pro-
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•HRES 1665 EH 
viding training to an officer, member, or employee. Policies 
to carry out the program— 
‘‘(1) with regard to an employee of the Coast 
Guard, shall include provisions, consistent with sections 
3702 through 3704 of title 5, as to matters con-
cerning— 
‘‘(A) the duration and termination of assign-
ments; 
‘‘(B) reimbursements; and 
‘‘(C) status, entitlements, benefits, and obliga-
tions of program participants; and 
‘‘(2) shall require the Commandant, before approv-
ing the assignment of an officer, member, or employee 
of the Coast Guard to a private entity, to determine that 
the assignment is an effective use of the Coast Guard’s 
funds, taking into account the best interests of the Coast 
Guard and the costs and benefits 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—
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•HRES 1665 EH 
‘‘(1) the number of officers, members, and employ-
ees 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 sec-
tion: 
‘‘§ 2116. Marine safety strategy, goals, and performance 
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 im-
proving vessel safety and the safety of individuals on vessels. 
The strategy shall include the issuance each year of an an-
nual plan and schedule for achieving the following goals: 
‘‘(1) Reducing the number and rates of marine cas-
ualties.
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•HRES 1665 EH 
‘‘(2) Improving the consistency and effectiveness of 
vessel and operator enforcement and compliance pro-
grams. 
‘‘(3) Identifying and targeting enforcement efforts 
at high-risk vessels and operators. 
‘‘(4) Improving research efforts to enhance and pro-
mote vessel and operator safety and performance. 
‘‘(b) CONTENTS OF STRATEGY AND ANNUAL PLANS.— 
‘‘(1) MEASURABLE GOALS.—The strategy and an-
nual plans shall include specific numeric or measurable 
goals designed to achieve the goals set forth in sub-
section (a). The purposes of the numeric or measurable 
goals are the following: 
‘‘(A) To increase the number of safety exami-
nations on all high-risk vessels. 
‘‘(B) To eliminate the backlog of marine safe-
ty-related rulemakings. 
‘‘(C) To improve the quality and effectiveness 
of marine safety information databases by ensuring 
that all Coast Guard personnel accurately and effec-
tively report all safety, casualty, and injury infor-
mation. 
‘‘(D) To provide for a sufficient number of 
Coast Guard marine safety personnel, and provide
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•HRES 1665 EH 
adequate facilities and equipment to carry out the 
functions referred to in section 93(c). 
‘‘(2) RESOURCE NEEDS.—The strategy and annual 
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 transmission 
of the President’s budget submission under section 1105 of 
title 31. 
‘‘(d) ACHIEVEMENT OF GOALS.— 
‘‘(1) PROGRESS ASSESSMENT.—No less frequently 
than semiannually, the Coast Guard Commandant shall 
assess the progress of the Coast Guard toward achieving 
the goals set forth in subsection (b). The Commandant 
shall convey the Commandant’s assessment to the em-
ployees of the marine safety workforce and shall identify 
any deficiencies that should be remedied before the next 
progress assessment.
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•HRES 1665 EH 
‘‘(2) REPORT TO CONGRESS.—The Secretary shall 
report annually to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation 
of the Senate— 
‘‘(A) on the performance of the marine safety 
program in achieving the goals of the marine safety 
strategy and annual plan under subsection (a) for 
the year covered by the report; 
‘‘(B) on the program’s mission performance in 
achieving numerical measurable goals established 
under subsection (b); and 
‘‘(C) recommendations on how to improve per-
formance of the program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following new 
item: 
‘‘2116. Marine safety strategy, goals, and performance assessments.’’. 
(c) CERTIFICATES
OF INSPECTION.—Section 3309 of 
title 46, United States Code, is amended by adding at the 
end the following: 
‘‘(d) A certificate of inspection issued under this section 
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.’’.
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•HRES 1665 EH 
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 exercising 
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 re-
garding— 
‘‘(1) the operation, regulation, inspection, identifica-
tion, manning, and measurement of vessels, including 
plan approval and the application of load lines; 
‘‘(2) approval of materials, equipment, appliances, 
and associated equipment; 
‘‘(3) the reporting and investigation of marine cas-
ualties and accidents; 
‘‘(4) the licensing, certification, documentation, pro-
tection and relief of merchant seamen; 
‘‘(5) suspension and revocation of licenses and cer-
tificates; 
‘‘(6) enforcement of manning requirements, citizen-
ship 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;
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‘‘(11) administration of the navigation rules; 
‘‘(12) the prevention of pollution from vessels; 
‘‘(13) ports and waterways safety; 
‘‘(14) waterways management; including regulation 
for regattas and marine parades; 
‘‘(15) aids to navigation; and 
‘‘(16) other duties and powers of the Secretary re-
lated 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 au-
thority under section 89 of this title; or 
‘‘(2) the exercise of authority under section 91 of 
this title and the provisions of law codified at 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 re-
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garding marine safety, including inspection or manning and 
threats to the environment, shall— 
‘‘(1) be a qualified specialist with the training, ex-
perience, and qualifications in marine safety to effec-
tively 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 ap-
peal.’’. 
(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 provided at 
the Coast Guard Academy, and during other officer accession 
programs, to give Coast Guard cadets and other officer can-
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didates a background and understanding of the marine safety 
program. These courses may include such topics as program 
history, vessel design and construction, vessel inspection, cas-
ualty investigation, and administrative 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 INSPECTORS. 
Not later than 1 year after the date of enactment of this 
Act, the Commandant of the Coast Guard 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 on Coast 
Guard’s efforts to recruit and retain civilian marine inspec-
tors and investigators and the impact of such recruitment 
and retention efforts on Coast Guard organizational perform-
ance. 
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—
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(1) by inserting ‘‘and’’ after the semicolon at the 
end of subparagraph (A)(i); 
(2) by striking ‘‘and’’ at the end of subparagraph 
(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 
Public Law 105–277; 112 Stat. 2681–627) and is 
eligible for a fishery endorsement under this sec-
tion; 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.—
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‘‘(A) REBUILD OR REPLACE.—Notwithstanding 
any limitation to the contrary on replacing, rebuild-
ing, or lengthening vessels or transferring permits 
or licenses to a replacement vessel contained in sec-
tions 679.2 and 679.4 of title 50, Code of Federal 
Regulations, as in effect on the date of enactment 
of the Coast Guard Authorization 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 oper-
ational efficiencies (including fuel efficiency), may 
rebuild or replace that vessel (including fuel effi-
ciency) with a vessel documented with a fishery en-
dorsement 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 LICENSES.— 
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
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permit such rebuilt or replacement vessel to operate 
in the same manner as the vessel prior to the re-
building or the vessel it replaced, respectively. 
‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC FISH-
ERY MANAGEMENT COUNCIL.—The North Pacific Fish-
ery Management Council may recommend for approval 
by the Secretary such conservation and management 
measures, including size limits and measures to control 
fishing capacity, in accordance with the Magnuson-Ste-
vens Act as it considers necessary to ensure that this 
subsection does not diminish the effectiveness of fishery 
management plans of the Bering Sea and Aleutian Is-
lands 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 documented with a 
fishery endorsement pursuant to section 213(g) may 
be replaced with a replacement vessel under para-
graph (1) if the vessel that is replaced is validly 
documented with a fishery endorsement pursuant to 
section 213(g) before the replacement vessel is doc-
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umented 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 mort-
gagee are subject to the same limitations under sec-
tion 213(g) that are applicable to the vessel that 
has been replaced and its owner and mortgagee. 
‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER VES-
SELS.— 
‘‘(A) IN GENERAL.—A replacement for a cov-
ered vessel described in subparagraph (B) is prohib-
ited from harvesting fish in any fishery (except for 
the Pacific whiting fishery) managed under the au-
thority of any Regional Fishery Management Coun-
cil (other than the North Pacific Fishery Manage-
ment Council) established under section 302(a) of 
the Magnuson-Stevens Act. 
‘‘(B) COVERED VESSELS.—A covered vessel re-
ferred to in subparagraph (A) is— 
‘‘(i) a vessel eligible under subsection (a), 
(b), or (c) that is replaced under paragraph 
(1); or 
‘‘(ii) a vessel eligible under subsection (a), 
(b), or (c) that is rebuilt to increase its reg-
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istered length, gross tonnage, or shaft horse-
power. 
‘‘(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, un-
less that vessel is also a replacement vessel described in 
paragraph (1). 
‘‘(6) GULF
OF
ALASKA
LIMITATION.—Notwith-
standing paragraph (1), the Secretary shall prohibit 
from participation in the groundfish fisheries of the Gulf 
of Alaska any vessel that is rebuilt or replaced under 
this subsection and that exceeds the maximum length 
overall specified on the license that authorizes fishing for 
groundfish pursuant to the license limitation program 
under part 679 of title 50, Code of Federal 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 otherwise 
affect the authority of the Pacific Council to recommend 
to the Secretary conservation and management measures 
to protect fisheries under its jurisdiction (including the 
Pacific whiting fishery) and participants in such fisheries 
from adverse impacts caused by this Act.’’.
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(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. 
(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 DETERMINATION.— 
For purposes of determining the aggregate percent-
age of directed fishing allowances under paragraph 
(1), when a catcher vessel is removed from the di-
rected pollock fishery, the fishery allowance for pol-
lock for the vessel being removed— 
‘‘(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 enact-
ment of the Coast Guard Authorization Act of 
2010; and
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‘‘(ii) shall be assigned, for all purposes 
under this title, in the manner specified by the 
owner of the vessel being removed to any other 
catcher vessel or among other catcher vessels 
participating in the fishery cooperative if such 
vessel or vessels remain in the fishery coopera-
tive for at least one year after the date on 
which the vessel being removed leaves the di-
rected 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 endorse-
ment, and any claim (including relating to catch 
history) associated with such vessel that could qual-
ify any owner of such vessel for any permit to par-
ticipate in any fishery within the exclusive economic 
zone of the United States shall be extinguished, un-
less such removed vessel is thereafter designated to 
replace a vessel to be removed pursuant to this 
paragraph. 
‘‘(C) LIMITATIONS ON STATUTORY CONSTRUC-
TION.—Nothing in this paragraph shall be con-
strued—
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‘‘(i) to make the vessels AJ (United 
States 
official 
number 
905625), 
DONA 
MARTITA (United States official number 
651751), 
NORDIC 
EXPLORER 
(United 
States 
official 
number 
678234), 
and 
PROVIDIAN (United States official number 
1062183) ineligible for a fishery endorsement 
or any permit necessary to participate in any 
fishery under the authority of the New Eng-
land Fishery Management Council or the Mid- 
Atlantic Fishery Management Council estab-
lished, 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 fish-
ery developed by the Councils under section 
303 of the Magnuson-Stevens 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,
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•HRES 1665 EH 
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 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 insert-
ing the following: 
‘‘(6) other equipment required to minimize the risk 
of injury to the crew during vessel operations, if the Sec-
retary determines that a risk of serious injury exists that 
can be eliminated or mitigated by that equipment; and’’; 
and 
(B) redesignating paragraph (8) as paragraph 
(7); 
(2) in subsection (b)— 
(A) in paragraph (1) in the matter preceding 
subparagraph (A), by striking ‘‘documented’’; 
(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’’;
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•HRES 1665 EH 
(C) in paragraph (2)(B), by striking ‘‘lifeboats 
or liferafts’’ and inserting ‘‘a survival craft that en-
sures that no part of an individual is immersed in 
water’’; 
(D) in paragraph (2)(D), by inserting ‘‘ma-
rine’’ before ‘‘radio’’; 
(E) in paragraph (2)(E), by striking ‘‘radar re-
flectors, nautical charts, and anchors’’ and inserting 
‘‘nautical charts, and publications’’; 
(F) in paragraph (2)(F), by striking ‘‘, includ-
ing 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 ves-
sel described in subsection (b) to keep a record of equip-
ment maintenance, and required instruction and drills; 
and 
‘‘(2) shall examine at dockside a vessel described in 
subsection (b) at least once every 2 years, and shall
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•HRES 1665 EH 
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, in-
cluding training in seamanship, stability, collision pre-
vention, navigation, fire fighting and prevention, damage 
control, personal survival, emergency medical care, emer-
gency drills, and weather; 
‘‘(B) require an individual to demonstrate ability to 
communicate in an emergency situation and understand 
information found in navigation publications; 
‘‘(C) recognize and give credit for recent past expe-
rience in fishing vessel operation; and 
‘‘(D) provide for issuance of a certificate to an indi-
vidual that has successfully completed the program. 
‘‘(3) The Secretary shall prescribe regulations imple-
menting this subsection. The regulations shall require that in-
dividuals who are issued a certificate under paragraph (2)(D)
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•HRES 1665 EH 
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 success-
ful completion of a training program approved by the Sec-
retary under this section. 
‘‘(h) A vessel to which this chapter applies shall be con-
structed in a manner that provides a level of safety equivalent 
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 municipali-
ties, port authorities, other appropriate public entities, not- 
for-profit organizations, and other qualified persons that pro-
vide 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
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•HRES 1665 EH 
‘‘(ii) in the case of crewmembers, meets the re-
quirements of subsection (g)(2)(A), such require-
ments of subsection (g)(2)(B) as are appropriate 
for crewmembers, and the requirements of sub-
sections (g)(2)(D), (g)(3), and (g)(4); and 
‘‘(B) for purchase of safety equipment and training 
aids for use in those fishing vessel safety training pro-
grams. 
‘‘(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 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 fishing 
industry, including vessel design, emergency and survival 
equipment, enhancement of vessel monitoring systems, com-
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•HRES 1665 EH 
munications 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 insert-
ing the following: 
‘‘§ 4508. Commercial Fishing Safety Advisory Committee’’; 
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’’;
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(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 inserting 
the following: 
‘‘(B) three members who shall represent the general 
public, including, whenever possible— 
‘‘(i) an independent expert or consultant in 
maritime safety; 
‘‘(ii) a marine surveyor who provides services 
to vessels to which this chapter applies; and 
‘‘(iii) a person familiar with issues affecting 
fishing communities and families of fishermen;’’; 
and 
(D) in subparagraph (C)— 
(i) in the matter preceding clause (i), by 
striking 
‘‘representing 
each 
of—’’ 
and inserting ‘‘each of whom shall represent— 
’’;
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•HRES 1665 EH 
(ii) in clause (i), by striking ‘‘or marine 
surveyors;’’ and inserting ‘‘and marine engi-
neers;’’; 
(iii) in clause (iii), by striking ‘‘and’’ after 
the semicolon at the end; 
(iv) in clause (iv), by striking the period 
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 ap-
plies.’’. 
(3) TERMINATION.—Section 4508(e)(1) of that title 
is amended by striking ‘‘September 30, 2010.’’ and in-
serting ‘‘September 30, 2020.’’. 
(4) CLERICAL AMENDMENT.—The table of sections 
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: 
‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 
(d) LOADLINES FOR VESSELS 79 FEET OR GREATER IN 
LENGTH.— 
(1) LIMITATION ON EXEMPTION FOR FISHING VES-
SELS.—Section 5102(b)(3) of title 46, United States 
Code, is amended by inserting after ‘‘vessel’’ the fol-
lowing ‘‘, unless the vessel is built after July 1, 2012’’.
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•HRES 1665 EH 
(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 developed in 
cooperation with the commercial fishing industry and pre-
scribed 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 insert-
ing the following: 
‘‘§ 4503. Fishing, fish tender, and fish processing vessel 
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.
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•HRES 1665 EH 
‘‘(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 Secretary. 
‘‘(3) Alternative safety compliance programs may be de-
veloped 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 para-
graph are not required to meet the alternate safety compli-
ance requirements of that paragraph until January 1, 2030, 
if that owner enters into a compliance agreement with the
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•HRES 1665 EH 
Secretary that provides for a fixed schedule for all of the ves-
sels owned by that person to meet requirements of that para-
graph by that date and the vessel owner is meeting 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 classi-
fication society approved by the Secretary; and 
‘‘(B) have on board a certificate from that society.’’. 
(2) CLERICAL AMENDMENT.—The table of sections 
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 department 
in which the Coast Guard is operating shall prescribe an al-
ternative safety compliance program referred to in section 
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’’;
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•HRES 1665 EH 
(2) by striking ‘‘computerized records’’ and insert-
ing ‘‘records, including electronic records,’’; and 
(3) by adding at the end the following: 
‘‘(b) The Secretary may prescribe regulations requiring 
a vessel owner or managing operator of a commercial vessel, 
or the employer of a seaman on that vessel, to maintain 
records of each individual engaged on the vessel subject to in-
spection under chapter 33 on matters of engagement, dis-
charge, and service for not less than 5 years after the date 
of the completion of the service of that individual on the ves-
sel. The regulations may require that a vessel owner, man-
aging operator, or employer shall make these records avail-
able to the individual and the Coast Guard on request. 
‘‘(c) A person violating this section, or a regulation pre-
scribed under this section, is liable to the United States Gov-
ernment for a civil penalty of not more than $5,000.’’. 
SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIRE-
MENT FOR OPERATORS OF CERTAIN TOWING VES-
SELS. 
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).
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•HRES 1665 EH 
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 in-
spection under section 3301 of this title, except a vessel on 
a voyage from a port in the United States to a port in Can-
ada, shall have an official logbook, which shall be kept avail-
able 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 officer 
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 injury 
that occurs during each watch.’’. 
(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:
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‘‘§ 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 certificate; 
‘‘(2) may order the individual in charge of a vessel 
that is operating that does not have on board the certifi-
cate required by this title to return the vessel to a moor-
ing 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, including ordering the in-
dividual in charge to return 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 available 
technology that is economically achievable; and 
‘‘(2) operationally practical.
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‘‘(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 in-
tended purpose. 
‘‘(c) At least once every 10 years the Secretary shall re-
view 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.’’. 
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 sec-
tion: 
‘‘§ 3104. Survival craft 
‘‘(a) Except as provided in subsection (b), the Secretary 
may not approve a survival craft as a safety device for pur-
poses 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 re-
main in service until not later than January 1, 2015, if—
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‘‘(1) it was approved by the Secretary before Janu-
ary 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 in-
serting ‘‘FOREIGN VOYAGES AND FOREIGN VESSELS.— 
’’; 
(2) by redesignating subsections (b) and (c) as sub-
sections (c) and (d), respectively; 
(3) by inserting after subsection (a) the following: 
‘‘(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 num-
ber 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
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(5) in subsection (d)(4), as so redesignated, by in-
serting ‘‘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 
‘‘(2) with respect to vessels that are ferries, the 
sizes of the ferry systems within which the vessels oper-
ate.’’. 
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 period 
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 regulation prescribed 
under that law;
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‘‘(D) the seaman notified, or attempted to notify, 
the vessel owner or the Secretary of a work-related per-
sonal injury or work-related illness of a seaman; 
‘‘(E) the seaman cooperated with a safety investiga-
tion by the Secretary or the National Transportation 
Safety Board; 
‘‘(F) the seaman furnished information to the Sec-
retary, 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 an indi-
vidual 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 follows: 
‘‘(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, requirements, 
and rights described in that section, including with respect to 
the right to file an objection, the right of a person to file for 
a petition for review under subsection (c) of that section, and
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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 amended 
by adding at the end the following new subsection: 
‘‘(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.
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‘‘(3) 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.’’. 
SEC. 613. OATHS. 
Section 7105 of title 46, United States Code, is amended 
by striking ‘‘before a designated official’’. 
SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REG-
ISTRY, AND MERCHANT MARINERS’ DOCUMENTS. 
(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 re-
newed 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 mariner’s document 
expires or until the completion of any active suspension 
or revocation of that previously issued merchant mari-
ner’s document, whichever is later.’’.
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(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 additional 
5-year periods; except that the validity of a license issued to 
a radio officer is conditioned on the continuous possession by 
the holder of a first-class or second-class radiotelegraph oper-
ator license issued by the Federal Communications Commis-
sion. 
‘‘(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 li-
cense expires or until the completion of any active suspension 
or revocation of that previously issued merchant mariner’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 re-
newed for additional 5-year periods; except that the validity 
of a certificate issued to a medical doctor or professional 
nurse is conditioned on the continuous possession by the
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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 pre-
viously issued certificate of registry expires or until the com-
pletion of any active suspension or revocation of that pre-
viously issued merchant mariner’s document, whichever is 
later.’’. 
SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF LI-
CENSES, CERTIFICATES OF REGISTRY, AND MER-
CHANT 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, cer-
tificates of registry, and merchant mariner 
documents 
‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.—Not-
withstanding 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 expiring 
license or certificate of registry issued for an individual 
under chapter 73 if the Secretary determines that the 
extension is required to enable the Coast Guard to elimi-
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nate a backlog in processing applications for those li-
censes or certificates of registry or in response to a na-
tional emergency or natural disaster, as deemed nec-
essary by the Secretary; or 
‘‘(2) issue for not more than five years an expiring 
license or certificate of registry issued for an individual 
under chapter 73 for the exclusive purpose of aligning 
the expiration date of such license or certificate of reg-
istry with the expiration date of a merchant mariner’s 
document. 
‘‘(b) 
MERCHANT
MARINER
DOCUMENTS.—Notwith-
standing section 7302(g), the Secretary may— 
‘‘(1) extend for not more than one year an expiring 
merchant mariner’s document issued for an individual 
under chapter 73 if the Secretary determines that the 
extension is required to enable the Coast Guard to elimi-
nate a backlog in processing applications for those li-
censes or certificates of registry or in response to a na-
tional emergency or natural disaster, as deemed nec-
essary by the Secretary; or 
‘‘(2) issue for not more than five years an expiring 
merchant mariner’s document issued for an individual 
under chapter 73 for the exclusive purpose of aligning 
the expiration date of such merchant mariner’s docu-
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ment with the expiration date of a merchant mariner’s 
document. 
‘‘(c) MANNER OF EXTENSION.—Any extensions granted 
under this section may be granted to individual seamen or a 
specifically identified group of seamen.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘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 submit 
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 re-
garding the feasibility of— 
(1) expanding the streamlined evaluation process 
program that was affiliated with the Houston Regional 
Examination Center of the Coast Guard to all processing 
centers of the Coast Guard nationwide; 
(2) including proposals to simplify the application 
process for a license as an officer, staff officer, or oper-
ator and for a merchant mariner’s document to help 
eliminate errors by merchant mariners when completing 
the application form (CG–719B), including instructions 
attached to the application form and a modified applica-
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tion form for renewals with questions 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 application by 
electronic means; and 
(4) ensuring that all information collected with re-
spect to applications for new or renewed licenses, mer-
chant mariner documents, and certificates of registry 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 ‘‘vessel.’’ 
and inserting ‘‘vessel of less than 500 gross tons as 
measured under section 14502, or an alternate ton-
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nage 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 paragraph 
(1) and redesignating paragraphs (2) and (3) as para-
graphs (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.—Off-
shore supply vessel under section 7310 of this title may con-
stitute 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 resources. 
Individuals qualified as able seamen—limited under section 
7308 of this title may constitute all of the able seamen re-
quired on board a vessel of at least 500 gross tons as meas-
ured 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 exploration, exploitation, 
or production of offshore mineral or energy resources.’’.
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(2) in subsection (d), by striking ‘‘September 30, 
2010.’’ and inserting ‘‘September 30, 2020.’’. 
(g) DELAWARE RIVER AND BAY OIL SPILL ADVISORY 
COMMITTEE.— 
(1) IN GENERAL.—Section 607 of the Coast Guard 
and Maritime Transportation Act of 2006 (Public Law 
109–241; 120 Stat. 556) is amended— 
(A) in subsection (c)(2), by striking ‘‘Not later 
than 18 months after the date that the Com-
mandant completes appointment of the members of 
the Committee,’’ and inserting ‘‘Not later than De-
cember 31, 2010,’’; 
(B) in subsection (h), by striking ‘‘2007’’ and 
inserting ‘‘2011’’; and 
(C) by striking subsection (i) and inserting the 
following: 
‘‘(i) TERMINATION.—The Committee shall terminate 30 
days after it transmits its report, pursuant to subsection 
(c)(2), but no later than December 31, 2010, whichever is 
earlier.’’. 
(2) EFFECTIVE DATE.—The amendments made by 
this subsection are deemed to have taken effect as if 
they were enacted on July 11, 2006. 
(3) CHARTER.—Any charter pertaining to the Dela-
ware River and Bay Oil Spill Advisory Committee is
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deemed not to have lapsed, and to have remained in ef-
fect, and, notwithstanding any other provision of law or 
policy, shall terminate 30 days after the date the Com-
mittee transmits its report, pursuant to section 
607(c)(2) of the Coast Guard and Maritime Transpor-
tation Act of 2006 (Public Law 109–241; 120 Stat. 
557), but not later than December 31, 2010, whichever 
is earlier. 
(4) APPOINTMENTS TO COMMITTEE.—Any appoint-
ment to the Delaware River and Bay Oil Spill Advisory 
Committee is deemed not to have lapsed, and to have re-
mained in effect, and, notwithstanding any other provi-
sion of law or policy, shall terminate 30 days after the 
Committee transmits its report, pursuant to section 
607(c)(2) of the Coast Guard and Maritime Transpor-
tation Act of 2006 (Public Law 109–241; 120 Stat. 
557), but not later than December 31, 2010, whichever 
is earlier. 
SEC. 622. DELEGATION OF AUTHORITY. 
(a) IN GENERAL.—Section 3316 of title 46, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(d)(1) The Secretary may delegate to the American Bu-
reau of Shipping or another classification society recognized 
by the Secretary as meeting acceptable standards for such a
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(1) identifies the types of human errors that, com-
bined, could cause oil spills, with particular attention to 
human error caused by fatigue, in the past 10 years; 
(2) in consultation with representatives of industry 
and labor and experts in the fields of marine casualties 
and human factors, identifies the most frequent types of 
near-miss oil spill incidents involving vessels such as col-
lisions, allisions, groundings, and loss of propulsion in 
the past 10 years; 
(3) describes the extent to which there are gaps in 
the data required under paragraphs (1) and (2), includ-
ing gaps in the ability to define and identify fatigue, and 
explains the reason for those gaps; and 
(4) includes recommendations by the Secretary and 
representatives of industry and labor and experts in the 
fields of marine casualties and human factors to address 
the identified types of errors and any such gaps in the 
data. 
(b) MEASURES.—Based on the findings contained in the 
report required by subsection (a), the Secretary shall take ap-
propriate action to reduce the risk of oil spills caused by 
human error. 
(c) CONFIDENTIALITY OF VOLUNTARILY SUBMITTED IN-
FORMATION.—The identity of a person making a voluntary 
disclosure under this section, and any information obtained
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from any such voluntary disclosure, shall be treated as con-
fidential. 
(d) DISCOVERY OF VOLUNTARILY SUBMITTED INFORMA-
TION.— 
(1) IN GENERAL.—Except as provided in this sub-
section, a party in a judicial proceeding may not use dis-
covery to obtain information or data collected or received 
by the Secretary for use in the report required in sub-
section (a). 
(2) EXCEPTION.— 
(A) Notwithstanding paragraph (1), a court 
may allow discovery by a party in a judicial pro-
ceeding of data described in paragraph (1) if, after 
an in camera review of the information or data, the 
court decides that there is a compelling reason to 
allow the discovery. 
(B) When a court allows discovery in a judicial 
proceeding as permitted under this paragraph, the 
court shall issue a protective order— 
(i) to limit the use of the data to the judi-
cial proceeding; and 
(ii) to prohibit dissemination of the data 
to any person who does not need access to the 
data for the proceeding.