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‘‘(2) CHIEF
ACQUISITION
OFFICER.—The term 
‘Chief Acquisition Officer’ means the officer appointed 
under section 55 of this title. 
‘‘(3) COMMANDANT.—The term ‘Commandant’ 
means the Commandant of the Coast Guard. 
‘‘(4) JOINT
REVIEW
BOARD.—The term ‘Joint 
Review Board’ means the Department of Homeland 
Security’s Investment Review Board, Joint Require-
ments Council, or other entity within the Department 
designated by the Secretary as the Joint Review 
Board for purposes of this chapter. 
‘‘(5) LEVEL 1 ACQUISITION.—The term ‘Level 1 
acquisition’ 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 Acquisi-
tion Officer of the Coast Guard determines to 
have a special interest— 
‘‘(i) due to— 
‘‘(I) the experimental or tech-
nically immature nature of the asset;
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‘‘(II) the technological complexity 
of the asset; 
‘‘(III) the commitment of re-
sources; or 
‘‘(IV) the nature of the capability 
or set of capabilities to be achieved; or 
‘‘(ii) because such acquisition is a joint 
acquisition. 
‘‘(6) LEVEL 2 ACQUISITION.—The term ‘Level 2 
acquisition’ means an acquisition by the Coast 
Guard— 
‘‘(A) the estimated life-cycle costs of which 
are equal to or less than $1,000,000,000, but 
greater than $300,000,000; or 
‘‘(B) the estimated total acquisition costs of 
which are equal to or less than $300,000,0000, 
but greater than $100,000,000. 
‘‘(7) LIFE-CYCLE
COST.—The term ‘life-cycle 
cost’ means all costs for development, procurement, 
construction, and operations and support for a par-
ticular capability or asset, without regard to funding 
source or management control. 
‘‘(8) SAFETY CONCERN.—The term ‘safety con-
cern’ means any hazard associated with a capability 
or asset or a subsystem of a capability or asset that
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is likely to cause serious bodily injury or death to a 
typical Coast Guard user in testing, maintaining, re-
pairing, or operating the capability, asset, or sub-
system or any hazard associated with the capability, 
asset, or subsystem that is likely to cause major dam-
age to the capability, asset, or subsystem during the 
course of its normal operation by a typical Coast 
Guard user.’’. 
(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. 503. REPORT AND GUIDANCE ON EXCESS PASS- 
THROUGH CHARGES. 
(a) COMPTROLLER GENERAL REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Comptroller 
General shall issue a report on pass-through charges 
on contracts, subcontracts, delivery orders, and task 
orders that were executed by a lead systems integrator 
under contract to the Coast Guard during the 3 full 
calendar years preceding the date of enactment of this 
Act. 
(2) MATTERS COVERED.—The report under this 
subsection—
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(A) shall assess the extent to which the 
Coast Guard paid excessive pass-through charges 
to contractors or subcontractors that provided 
little or no value to the performance of a con-
tract or the production of a procured asset; and 
(B) shall assess the extent to which the 
Coast Guard has been particularly vulnerable to 
excessive pass-through charges on any specific 
category of contracts or by any specific category 
of contractors. 
(b) GUIDANCE REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Commandant 
shall prescribe guidance to ensure that pass-through 
charges on contracts, subcontracts, delivery orders, 
and task orders that are executed with a private enti-
ty acting as a lead systems integrator by or on behalf 
of the Coast Guard are not excessive in relation to the 
cost of work performed by the relevant contractor or 
subcontractor. The guidance shall, at a minimum— 
(A) set forth clear standards for deter-
mining when no, or negligible, value has been 
added to a contract by a contractor or subcon-
tractor;
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(B) set forth procedures for preventing the 
payment by the Government of excessive pass- 
through charges; and 
(C) identify any exceptions determined by 
the Commandant to be in the best interest of the 
Government. 
(2) SCOPE
OF
GUIDANCE.—The guidance pre-
scribed under this subsection— 
(A) shall not apply to any firm, fixed-price 
contract or subcontract, delivery order, or task 
order that is— 
(i) awarded on the basis of adequate 
price competition, as determined by the 
Commandant; or 
(ii) for the acquisition of a commercial 
item, as defined in section 4(12) of the Of-
fice of Federal Procurement Policy Act (41 
U.S.C. 403(12)); and 
(B) may include such additional exceptions 
as the Commandant determines to be necessary 
in the interest of the United States. 
(c) EXCESSIVE PASS-THROUGH CHARGE DEFINED.— 
In this section the term ‘‘excessive pass-through charge’’, 
with respect to a contractor or subcontractor that adds no, 
or negligible, value to a contract or subcontract, means a
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charge to the Government by the contractor or subcontractor 
that is for overhead or profit on work performed by a lower- 
tier contractor or subcontractor, other than reasonable 
charges for the direct costs of managing lower-tier contrac-
tors and subcontracts and overhead and profit based on 
such direct costs. 
(d) APPLICATION OF GUIDANCE.—The guidance pre-
scribed under this section shall apply to contracts awarded 
to a private entity acting as a lead systems integrator by 
or on behalf of the Coast Guard on or after the date that 
is 360 days after the date of enactment of this Act. 
TITLE VI—SHIPPING AND 
NAVIGATION 
SEC. 601. TECHNICAL AMENDMENTS TO CHAPTER 313 OF 
TITLE 46, UNITED STATES CODE. 
(a) IN GENERAL.—Chapter 313 of title 46, United 
States Code, is amended— 
(1) by striking ‘‘of Transportation’’ in sections 
31302, 31306, 31321, 31330, and 31343 each place it 
appears; 
(2) by striking ‘‘and’’ after the semicolon in sec-
tion 31301(5)(F); 
(3) by striking ‘‘office.’’ in section 31301(6) and 
inserting ‘‘office; and’’; and
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(4) by adding at the end of section 31301 the fol-
lowing: 
‘‘(7) ‘Secretary’ means the Secretary of the De-
partment of Homeland Security, unless otherwise 
noted.’’. 
(b) SECRETARY AS MORTGAGEE.—Section 31308 of 
such title is amended by striking ‘‘When the Secretary of 
Commerce or Transportation is a mortgagee under this 
chapter, the Secretary’’ and inserting ‘‘The Secretary of 
Commerce or Transportation, as a mortgagee under this 
chapter,’’. 
(c) 
SECRETARY
OF
TRANSPORTATION.—Section 
31329(d) of such title is amended by striking ‘‘Secretary.’’ 
and inserting ‘‘Secretary of Transportation.’’. 
(d) MORTGAGEE.— 
(1) Section 31330(a)(1) of such title, as amended 
by subsection (a)(1) of this section, is amended— 
(A) by inserting ‘‘or’’ after the semicolon in 
subparagraph (B); 
(B) by striking ‘‘Secretary; or’’ in subpara-
graph (C) and inserting ‘‘Secretary.’’; and 
(C) by striking subparagraph (D). 
(2) Section 31330(a)(2) is amended— 
(A) by inserting ‘‘or’’ after the semicolon in 
subparagraph (B);
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(B) by striking ‘‘faith; or’’ in subparagraph 
(C) and inserting ‘‘faith.’’; and 
(C) by striking subparagraph (D). 
SEC. 602. CLARIFICATION OF RULEMAKING AUTHORITY. 
(a) IN GENERAL.—Chapter 701 of title 46, United 
States Code, is amended by adding at the end the following: 
‘‘§ 70122. Regulations 
‘‘Unless otherwise provided, the Secretary may issue 
regulations necessary to implement this chapter.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
chapter 701 of such title is amended by adding at the end 
the following new item: 
‘‘70122. Regulations’’. 
SEC. 603. ICEBREAKERS. 
(a) ANALYSES.—Not later than 90 days after the date 
of enactment of this Act or the date of completion of the 
ongoing High Latitude Study to assess polar ice-breaking 
mission requirements, whichever occurs later, the Com-
mandant of the Coast Guard shall require a nongovern-
mental, independent third party (other than the National 
Academy of Sciences) which has extensive experience in the 
analysis of military procurements to— 
(1) conduct a comparative cost-benefit analysis, 
taking into account future Coast Guard budget projec-
tions (which assume Coast Guard budget growth of no
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more than inflation) and other recapitalization needs, 
of— 
(A) rebuilding, renovating, or improving 
the existing fleet of polar icebreakers for oper-
ation by the Coast Guard, 
(B) constructing new polar icebreakers for 
operation by the Coast Guard, 
(C) construction of new polar icebreakers by 
the National Science Foundation for operation 
by the Foundation, 
(D) rebuilding, renovating, or improving 
the existing fleet of polar icebreakers by the Na-
tional Science Foundation for operation by the 
Foundation, and 
(E) any combination of the activities de-
scribed in subparagraph (A), (B), (C), or (D) to 
carry out the missions of the Coast Guard and 
the National Science Foundation; 
(2) conduct an analysis of the impact on mission 
capacity and the ability of the United States to 
maintain a presence in the polar regions through the 
year 2020 if recapitalization of the polar icebreaker 
fleet, either by constructing new polar icebreakers or 
rebuilding, renovating, or improving the existing fleet 
of polar icebreakers, is not fully funded; and
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(3) conduct a comprehensive analysis of the im-
pact on all Coast Guard activities, including oper-
ations, maintenance, procurements, and end strength, 
of the acquisition of polar icebreakers described in 
paragraph (1) by the Coast Guard or the National 
Science Foundation assuming that total Coast Guard 
funding will not increase more than the annual rate 
of inflation. 
(b) REPORTS TO CONGRESS.— 
(1) Not later than one year and 90 days after 
the date of enactment of this Act or the date of com-
pletion of the ongoing High Latitude Study to assess 
polar ice-breaking mission requirements, whichever 
occurs later, the Commandant of the Coast Guard 
shall submit a report containing the results of the 
study, together with recommendations the Com-
mandant deems appropriate under section 93(a)(24) 
of title 14, United States Code, to the Senate Com-
mittee on Commerce, Science, and Transportation 
and the House of Representatives Committee on 
Transportation and Infrastructure. 
(2) Not later than 1 year after the date of enact-
ment of this Act, the Commandant shall submit re-
ports containing the results of the analyses required 
under paragraphs (1) and (2) of subsection (a), to-
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gether with recommendations the Commandant deems 
appropriate under section 93(a)(24) of title 14, 
United States Code, to the Senate Committee on Com-
merce, Science, and Transportation and the House of 
Representatives Committee on Transportation and 
Infrastructure. 
SEC. 604. PHASEOUT OF VESSELS SUPPORTING OIL AND 
GAS DEVELOPMENT. 
Section 705 of the Security and Accountability for 
Every Port Act of 2006 (Public Law 109–347; 120 Stat. 
1945) is amended to read as follows: 
‘‘SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND 
GAS DEVELOPMENT. 
‘‘(a) IN GENERAL.—Notwithstanding section 12111(d) 
of title 46, United States Code, a foreign-flag vessel may 
be chartered by, or on behalf of, a lessee to be employed 
for the setting, relocation, or recovery of anchors or other 
mooring equipment of a mobile offshore drilling unit that 
is located over the Outer Continental Shelf (as defined in 
section 2(a) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1331(a)) for operations in support of exploration, 
or flow-testing and stimulation of wells, for offshore mineral 
or energy resources in the Beaufort Sea or the Chukchi Sea 
adjacent to Alaska—
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‘‘(1) until December 31, 2012, if the Secretary of 
Transportation determines, after publishing notice in 
the Federal Register, that insufficient vessels docu-
mented under section 12111(d) of title 46, United 
States Code, are reasonably available and suitable for 
these support operations and all such reasonably 
available and suitable vessels are employed in support 
of such operations; and 
‘‘(2) for an additional 2-year period beginning 
January 1, 2013, if the Secretary of Transportation 
determines— 
‘‘(A) that, as of December 31, 2012, the les-
see has entered into a binding agreement to em-
ploy a suitable vessel or vessels to be documented 
under such section 12111(d) in sufficient num-
bers and with sufficient suitability to replace 
any foreign-flag vessel or vessels operating under 
this section; and 
‘‘(B) after publishing notice in the Federal 
Register, that insufficient vessels documented 
under such section 12111(d) are reasonably 
available and suitable for these support oper-
ations and all such reasonably available and 
suitable vessels are employed in support of such 
operations.
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‘‘(b) LESSEE DEFINED.—In this section, the term ‘les-
see’ means the holder of a lease (defined in section 2(c) of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1331(c)), 
who has entered into a binding agreement to employ a suit-
able vessel documented or to be documented under section 
12111(d) of title 46, United States Code. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in subsection 
(a) shall be construed to authorize employment in the coast-
wise trade of a vessel that does not meet the requirements 
set forth in section 12112 of title 46, United States Code.’’. 
TITLE VII—VESSEL CONVEYANCE 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Vessel Conveyance Act’’. 
SEC. 702. CONVEYANCE OF COAST GUARD VESSELS FOR 
PUBLIC PURPOSES. 
(a) IN GENERAL.—Whenever the transfer of ownership 
of a Coast Guard vessel to an eligible entity for use for edu-
cational, cultural, historical, charitable, recreational, or 
other public purposes is authorized by law, the Coast Guard 
shall transfer the vessel to the General Services Administra-
tion for conveyance to the eligible entity. 
(b) CONDITIONS OF CONVEYANCE.—The General Serv-
ices Administration may not convey a vessel to an eligible 
entity as authorized by law unless the eligible entity 
agrees—
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(1) to provide the documentation needed by the 
General Services Administration to process a request 
for aircraft or vessels under section 102.37.225 of title 
41, Code of Federal Regulations; 
(2) to comply with the special terms, conditions, 
and restrictions imposed on aircraft and vessels under 
section 102–37.460 of such title; 
(3) to make the vessel available to the United 
States Government if it is needed for use by the Com-
mandant of the Coast Guard in time of war or a na-
tional emergency; and 
(4) to hold the United States Government harm-
less for any claims arising from exposure to haz-
ardous materials, including asbestos and poly-
chlorinated biphenyls, after conveyance of the vessel, 
except for claims arising from use of the vessel by the 
United States Government under paragraph (3). 
(c) ELIGIBLE ENTITY DEFINED.—In this section, the 
term ‘‘eligible entity’’ means a State or local government, 
nonprofit corporation, educational agency, community de-
velopment organization, or other entity that agrees to com-
ply with the conditions established under this section.
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TITLE VIII—OIL POLLUTION 
PREVENTION 
SEC. 801. RULEMAKINGS. 
(a) STATUS REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary shall 
provide a report to the Senate Committee on Com-
merce, Science, and Transportation and the House of 
Representatives Committee on Transportation and 
Infrastructure on the status of all Coast Guard 
rulemakings required (but for which no final rule has 
been issued as of the date of enactment of this Act) 
under section 311 of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321). 
(2) INFORMATION
REQUIRED.—The Secretary 
shall include in the report required in paragraph 
(1)— 
(A) a detailed explanation with respect to 
each such rulemaking as to— 
(i) what steps have been completed; 
(ii) what areas remain to be addressed; 
and 
(iii) the cause of any delays; and 
(B) the date by which a final rule may rea-
sonably be expected to be issued.
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(b) FINAL RULES.—The Secretary shall issue a final 
rule in each pending rulemaking described in subsection (a) 
as soon as practicable, but in no event later than 18 months 
after the date of enactment of this Act. 
(c) TOWING VESSELS.—No later than 1 year after the 
date of enactment of this Act, the Secretary shall issue a 
notice of proposed rulemaking regarding inspection require-
ments for towing vessels required under section 3306(j) of 
title 46, United States Code. The Secretary shall issue a 
final rule pursuant to that rulemaking no later than 2 
years after the date of enactment of this Act. 
SEC. 802. OIL TRANSFERS FROM VESSELS. 
(a) REGULATIONS.—Within 1 year after the date of 
enactment of this Act, the Secretary shall promulgate regu-
lations to reduce the risks of oil spills in operations involv-
ing the transfer of oil from or to a tank vessel. The regula-
tions— 
(1) shall focus on operations that have the high-
est risks of discharge, including operations at night 
and in inclement weather; 
(2) shall consider— 
(A) requirements for the use of equipment, 
such as putting booms in place for transfers, 
safety, and environmental impacts;
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(B) operational procedures such as man-
ning standards, communications protocols, and 
restrictions on operations in high-risk areas; or 
(C) both such requirements and operational 
procedures; and 
(3) shall take into account the safety of personnel 
and effectiveness of available procedures and equip-
ment for preventing or mitigating transfer spills. 
(b) APPLICATION WITH STATE LAWS.—The regulations 
promulgated under subsection (a) do not preclude the en-
forcement of any State law or regulation the requirements 
of which are at least as stringent as requirements under 
the regulations (as determined by the Secretary) that— 
(1) applies in State waters; 
(2) does not conflict with, or interfere with the 
enforcement of, requirements and operational proce-
dures under the regulations; and 
(3) has been enacted or promulgated before the 
date of enactment of this Act. 
SEC. 803. 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 shall transmit a report to 
the Senate Committee on Commerce, Science, and Trans-
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portation and the House Committee on Transportation and 
Infrastructure that, using available data— 
(1) identifies the types of human errors that, 
combined, account for over 50 percent of all oil 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-
sions, allisions, 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 incidents 
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 Inter-
national Maritime Organization, to reduce the risk of oil 
spills caused by human error. 
(c) CONFIDENTIALITY OF VOLUNTARILY SUBMITTED 
INFORMATION.—The identity of a person making a vol-
untary disclosure under this section, and any information
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obtained from any such voluntary disclosure, shall be treat-
ed as confidential. 
(d) DISCOVERY OF VOLUNTARILY SUBMITTED INFOR-
MATION.— 
(1) IN GENERAL.—Except as provided in this 
subsection, a party in a judicial proceeding may not 
use discovery to obtain information or data collected 
or received by the Secretary for use in the report re-
quired in subsection (a). 
(2) EXCEPTION.— 
(A) Notwithstanding paragraph (1), a court 
may allow discovery by a party in a judicial 
proceeding of information or 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 dis-
covery. 
(B) When a court allows discovery in a ju-
dicial proceeding as permitted under this para-
graph, the court shall issue a protective order— 
(i) to limit the use of the information 
or data to the judicial proceeding; and 
(ii) to prohibit dissemination of the in-
formation or data to any person who does
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not need access to the information or data 
for the proceeding. 
(C) A court may allow information or data 
it has decided is discoverable under this para-
graph to be admitted into evidence in a judicial 
proceeding only if the court places the informa-
tion or data under seal to prevent the use of the 
information or data for a purpose other than for 
the proceeding. 
(3) APPLICATION.—Paragraph (1) shall not 
apply to— 
(A) any disclosure made with actual knowl-
edge that the disclosure was false, inaccurate, or 
misleading; or 
(B) any disclosure made with reckless dis-
regard as to the truth or falsity of that disclo-
sure. 
SEC. 804. OLYMPIC COAST NATIONAL MARINE SANCTUARY. 
(a) OLYMPIC COAST NATIONAL MARINE SANCTUARY 
AREA TO BE AVOIDED.—The Secretary of the Department 
in which the Coast Guard is operating and the Under Sec-
retary of Commerce for Oceans and Atmosphere shall revise 
the area to be avoided off the coast of the State of Wash-
ington so that restrictions apply to all vessels required to 
prepare a response plan pursuant to section 311(j) of the
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Federal Water Pollution Control Act (33 U.S.C. 1321(j)) 
(other than fishing or research vessels while engaged in fish-
ing or research within the area to be avoided). 
SEC. 805. PREVENTION OF SMALL OIL SPILLS. 
The Under Secretary of Commerce for Oceans and At-
mosphere, in consultation with the Secretary of the Depart-
ment in which the Coast Guard is operating and other ap-
propriate agencies, shall establish an oil spill prevention 
and education program for small vessels. The program shall 
provide for assessment, outreach, and training and vol-
untary compliance activities to prevent and improve the 
effective response to oil spills from vessels and facilities not 
required to prepare a vessel response plan under the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.), in-
cluding recreational vessels, commercial fishing vessels, ma-
rinas, and aquaculture facilities. The Under Secretary may 
provide grants to sea grant colleges and institutes des-
ignated under section 207 of the National Sea Grant College 
Program Act (33 U.S.C. 1126) and to State agencies, tribal 
governments, and other appropriate entities to carry out— 
(1) regional assessments to quantify the source, 
incidence and volume of small oil spills, focusing ini-
tially on regions in the country where, in the past 10 
years, the incidence of such spills is estimated to be 
the highest;
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(2) voluntary, incentive-based clean marina pro-
grams that encourage marina operators, recreational 
boaters, and small commercial vessel operators to en-
gage in environmentally sound operating and mainte-
nance procedures and best management practices to 
prevent or reduce pollution from oil spills and other 
sources; 
(3) cooperative oil spill prevention education 
programs that promote public understanding of the 
impacts of spilled oil and provide useful information 
and techniques to minimize pollution, including 
methods to remove oil and reduce oil contamination 
of bilge water, prevent accidental spills during main-
tenance and refueling and properly cleanup and dis-
pose of oil and hazardous substances; and 
(4) support for programs, including outreach 
and education to address derelict vessels and the 
threat of such vessels sinking and discharging oil and 
other hazardous substances, including outreach and 
education to involve efforts to the owners of such ves-
sels. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Under Secretary of 
Commerce for Oceans and Atmosphere to carry out this sec-
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tion, $10,000,000 for each of fiscal years 2010 through 
2014. 
SEC. 806. IMPROVED COORDINATION WITH TRIBAL GOV-
ERNMENTS. 
(a) IN GENERAL.—Within 6 months after the date of 
enactment of this Act, the Secretary of the Department in 
which the Coast Guard is operating shall complete the devel-
opment of a tribal consultation policy, which recognizes and 
protects to the maximum extent practicable tribal treaty 
rights and trust assets in order to improve the Coast 
Guard’s consultation and coordination with the tribal gov-
ernments of federally recognized Indian tribes with respect 
to oil spill prevention, preparedness, response and natural 
resource damage assessment. 
(b) INCLUSION OF TRIBAL GOVERNMENT.—The Sec-
retary of the Department in which the Coast Guard is oper-
ating shall ensure that, as soon as practicable after identi-
fying an oil spill that is likely to have a significant impact 
on natural or cultural resources owned or directly utilized 
by a federally recognized Indian tribe, the Coast Guard 
will— 
(1) ensure that representatives of the tribal gov-
ernment of the affected tribes are included as part of 
the incident command system established by the Coast 
Guard to respond to the spill;
100 
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(2) share information about the oil spill with the 
tribal government of the affected tribe; and 
(3) to the extent practicable, involve tribal gov-
ernments in deciding how to respond to the spill. 
(c) COOPERATIVE ARRANGEMENTS.—The Coast Guard 
may enter into memoranda of agreement and associated 
protocols with Indian tribal governments in order to estab-
lish cooperative arrangements for oil pollution prevention, 
preparedness, and response. Such memoranda may be en-
tered into prior to the development of the tribal consultation 
and coordination policy to provide Indian tribes grant and 
contract assistance. Such memoranda of agreement and as-
sociated protocols with Indian tribal governments may in-
clude— 
(1) arrangements for the assistance of the tribal 
government to participate in the development of the 
National Contingency Plan and local Area Contin-
gency Plans to the extent they affect tribal lands, cul-
tural and natural resources; 
(2) arrangements for the assistance of the tribal 
government to develop the capacity to implement the 
National Contingency Plan and local Area Contin-
gency Plans to the extent they affect tribal lands, cul-
tural and natural resources;
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(3) provisions on coordination in the event of a 
spill, including agreements that representatives of the 
tribal government will be included as part of the re-
gional response team co-chaired by the Coast Guard 
and the Environmental Protection Agency to establish 
policies for responding to oil spills; 
(4) arrangements for the Coast Guard to provide 
training of tribal incident commanders and spill re-
sponders for oil spill preparedness and response; 
(5) demonstration projects to assist tribal gov-
ernments in building the capacity to protect tribal 
treaty rights and trust assets from oil spills; and 
(6) such additional measures the Coast Guard 
determines to be necessary for oil pollution preven-
tion, preparedness, and response. 
(d) FUNDING FOR TRIBAL PARTICIPATION.—Subject to 
the availability of appropriations, the Commandant of the 
Coast Guard shall provide assistance to participating tribal 
governments in order to facilitate the implementation of co-
operative arrangements under subsection (c) and ensure the 
participation of tribal governments in such arrangements. 
There are authorized to be appropriated to the Com-
mandant $500,000 for each of fiscal years 2010 through 
2014 to be used to carry out this section.
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SEC. 807. REPORT ON AVAILABILITY OF TECHNOLOGY TO 
DETECT THE LOSS OF OIL. 
Within 1 year after the date of enactment of this Act, 
the Secretary of the Department in which the Coast Guard 
is operating shall submit a report to the Senate Committee 
on Commerce, Science, and Transportation and the House 
of Representatives Committee on Energy and Commerce on 
the availability, feasibility, and potential cost of technology 
to detect the loss of oil carried as cargo or as fuel on tank 
and non-tank vessels greater than 400 gross tons. 
SEC. 808. USE OF OIL SPILL LIABILITY TRUST FUND. 
(a) IN GENERAL.—Section 1012(a)(5) of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2712(a)(5)) is amended— 
(1) by redesignating subparagraphs (B) and (C) 
as subparagraphs (C) and (D), respectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) not more than $15,000,000 in each fis-
cal year shall be available to the Under Sec-
retary of Commerce for Oceans and Atmosphere 
for expenses incurred by, and activities related 
to, response and damage assessment capabilities 
of the National Oceanic and Atmospheric Ad-
ministration;’’. 
(b) AUDITS; ANNUAL REPORTS.—Section 1012 of the 
Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended—
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(1) by striking subsection (g) and inserting the 
following: 
‘‘(g) AUDITS.— 
‘‘‘(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct an audit, including 
a detailed accounting of each disbursement from the 
Fund in excess of $500,000 that is— 
‘‘(A) disbursed by the National Pollution 
Fund Center; and 
‘‘(B) administered and managed by the re-
ceiving Federal agencies, including final pay-
ments made to agencies and contractors and, to 
the extent possible, subcontractors. 
‘‘(2) FREQUENCY.—The audits shall be con-
ducted— 
‘‘(A) at least once every 3 years after the 
date of enactment of the Coast Guard Authoriza-
tion Act for Fiscal Years 2010 and 2011 until 
2016; and 
‘‘(B) at least once every 5 years after the 
last audit conducted under subparagraph (A). 
‘‘(3) SUBMISSION
OF
RESULTS.—The Comp-
troller shall submit the results of each audit conducted 
under paragraph (1) to—
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‘‘(A) the Senate Committee on Commerce, 
Science, and Transportation; 
‘‘(B) the House of Representatives Com-
mittee on Transportation and Infrastructure; 
and 
‘‘(C) the Secretary or Administrator of each 
agency referred to in paragraph (1)(B).’’; and 
(2) by adding at the end thereof the following: 
‘‘(h) REPORTS.— 
‘‘(1) IN GENERAL.—Within one year after the 
date of enactment of the Coast Guard Authorization 
Act for Fiscal Years 2010 and 2011, and annually 
thereafter, the President, through the Secretary of the 
Department in which the Coast Guard is operating, 
shall— 
‘‘(A) provide a report on disbursements for 
the preceding fiscal year from the Fund, regard-
less of whether those disbursements were subject 
to annual appropriations, to— 
‘‘(i) the Senate Committee on Com-
merce, Science, and Transportation; and 
‘‘(ii) the House of Representatives 
Committee on Transportation and Infra-
structure: and
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‘‘(B) make the report available to the public 
on the National Pollution Funds Center Internet 
website. 
‘‘(2) CONTENTS.—The report shall include— 
‘‘(A) a list of each disbursement of $250,000 
or more from the Fund during the preceding fis-
cal year; and 
‘‘(B) a description of how each such use of 
the Fund meets the requirements of subsection 
(a). 
‘‘(3) AGENCY
RECORDKEEPING.—Each Federal 
agency that receives amounts from the Fund shall 
maintain records describing the purposes for which 
such funds were obligated or expended in such detail 
as the Secretary may require for purposes of the re-
port required under paragraph (1). 
‘‘(i) AUTHORIZATIONS.—There are authorized to be 
appropriated such sums as may be necessary to carry out 
subsections (g) and (h).’’. 
SEC. 809. INTERNATIONAL EFFORTS ON ENFORCEMENT. 
The Secretary, in consultation with the heads of other 
appropriate Federal agencies, shall ensure that the Coast 
Guard pursues stronger enforcement in the International 
Maritime Organization of agreements related to oil dis-
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charges, including joint enforcement operations, training, 
and stronger compliance mechanisms. 
SEC. 810. HIGHER VOLUME PORT AREA REGULATORY DEFI-
NITION CHANGE. 
(a) IN GENERAL.—Within 1 year after the date of en-
actment of this Act, the Commandant shall initiate a rule-
making proceeding to modify the definition of the term 
‘‘higher volume port area’’ in section 155.1020 of the Coast 
Guard regulations (33 C.F.R. 155.1020) by striking ‘‘Port 
Angeles, WA’’ in paragraph (13) of that section and insert-
ing ‘‘Cape Flattery, WA’’. 
(b) EMERGENCY RESPONSE PLAN REVIEWS.—Within 
5 years after the date of enactment of this Act, the Coast 
Guard shall complete its review of any changes to emer-
gency response plans under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) resulting from the 
modification of the higher volume port area definition re-
quired by subsection (a). 
SEC. 811. TUG ESCORTS FOR LADEN OIL TANKERS. 
(a) COMPARABILITY ANALYSIS.— 
(1) IN GENERAL.—Within 1 year after the date 
of enactment of this Act, the Commandant, in con-
sultation with the Secretary of State, shall enter into 
negotiations with the Government of Canada to up-
date the comparability analysis which serves as the
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basis for the Cooperative Vessel Traffic Service agree-
ment between the United States and Canada for the 
management of maritime traffic in Puget Sound, the 
Strait of Georgia, Haro Strait, Rosario Strait, and 
the Strait of Juan de Fuca. The updated analysis 
shall, at a minimum, consider— 
(A) requirements for laden tank vessels to be 
escorted by tug boats; 
(B) vessel emergency response towing capa-
bility at the entrance to the Strait of Juan de 
Fuca; and 
(C) spill response capability throughout the 
shared water, including oil spill response plan-
ning requirements for vessels bound for one na-
tion transiting in innocent passage through the 
waters of the other nation. 
(2) CONSULTATION
REQUIREMENT.—In con-
ducting the analysis required under this subsection, 
the Commandant shall consult with the State of 
Washington and affected tribal governments. 
(3) RECOMMENDATIONS.—Within 18 months 
after the date of enactment of this Act, the Com-
mandant shall submit recommendations based on the 
analysis required under this subsection to the Senate 
Committee on Commerce, Science, and Transpor-
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tation and the House of Representatives Committee 
on Transportation and Infrastructure. The rec-
ommendations shall consider a full range of options 
for the management of maritime traffic, including 
Federal legislation, promulgation of Federal rules, 
and the establishment of cooperative agreements for 
shared funding of spill prevention and response sys-
tems. 
(b) DUAL ESCORT VESSELS FOR DOUBLE HULLED 
TANKERS IN PRINCE WILLIAM SOUND, ALASKA.— 
(1) IN
GENERAL.—Section 4116(c) of the Oil 
Pollution Act of 1990 (46 U.S.C. 3703 note) is 
amended— 
(A) by striking ‘‘Not later than 6 months 
after the date of the enactment of this Act, the’’ 
and inserting ‘‘(1) IN GENERAL.—The’’; and 
(B) by adding at the end the following: 
‘‘(2) PRINCE WILLIAM SOUND, ALASKA.— 
‘‘(A) IN
GENERAL.—The requirement in 
paragraph (1) relating to single hulled tankers 
in Prince William Sound, Alaska, described in 
that paragraph being escorted by at least 2 tow-
ing vessels or other vessels considered to be ap-
propriate by the Secretary (including regulations 
promulgated 
in 
accordance 
with 
section
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3703(a)(3) of title 46, United States Code, as set 
forth in part 168 of title 33, Code of Federal 
Regulations (as in effect on March 1, 2009) im-
plementing this subsection with respect to those 
tankers) shall apply to double hulled tankers over 
5,000 gross tons transporting oil in bulk in 
Prince William Sound, Alaska. 
‘‘(B) 
IMPLEMENTATION
OF
REQUIRE-
MENTS.—The Secretary of the Federal agency 
with jurisdiction over the Coast Guard shall 
carry out subparagraph (A) by order without no-
tice and hearing pursuant to section 553 of title 
5 of the United States Code.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by subsection (b) take effect on the date that is 90 
days after the date of enactment of this Act. 
(c) PRESERVATION OF STATE AUTHORITY.—Nothing 
in this Act or in any other provision of Federal law related 
to the regulation of maritime transportation of oil shall af-
fect, or be construed or interpreted as preempting, the laws 
or regulations of any State or political subdivision thereof 
in effect on the date of enactment of this Act which require 
the escort by one or more tugs of laden oil tankers in the 
areas other than Prince William Sound which are specified
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in section 4116(c) of the Oil Pollution Act of 1990 (46 
U.S.C. 3703 note). 
SEC. 812. EXTENSION OF FINANCIAL RESPONSIBILITY. 
Section 1016(a) of the Oil Pollution Act of 1990 (33 
U.S.C. 2716(a)) is amended— 
(1) by striking ‘‘or’’ after the semicolon in para-
graph (1); 
(2) by inserting ‘‘or’’ after the semicolon in 
paragraph (2); and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) any tank vessel over 100 gross tons (except 
a non-self-propelled vessel that does not carry oil as 
cargo) using any place subject to the jurisdiction of 
the United States;’’. 
SEC. 813. OIL SPILL LIABILITY TRUST FUND INVESTMENT 
AMOUNT. 
Within 30 days after the date of enactment of this Act, 
the Secretary of the Treasury shall increase the amount in-
vested in income producing securities under section 5006(b) 
of the Oil Pollution Act of 1990 (33 U.S.C. 2736(b)) by 
$12,851,340. 
SEC. 814. LIABILITY FOR USE OF SINGLE-HULL VESSELS. 
Section 1001(32)(A) of the Oil Pollution Act of 1990 
(33 U.S.C. 2701(32)(A)) is amended by inserting ‘‘In the
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case of a vessel, the term ‘responsible party’ also includes 
the owner of oil being transported in a tank vessel with 
a single hull after December 31, 2010 (other than a vessel 
described in section 3703a(b)(3) of title 46, United States 
Code).’’ after ‘‘vessel.’’. 
TITLE IX—MISCELLANEOUS 
PROVISIONS 
SEC. 901. VESSEL DETERMINATION. 
(a) VESSELS DEEMED TO BE NEW VESSELS.—The 
vessel with United States official number 981472 and the 
vessel with United States official number 988333 shall each 
be deemed to be a new vessel effective upon the date of deliv-
ery after January 1, 2008, from a privately-owned United 
States shipyard if no encumbrances are on record with the 
United States Coast Guard at the time of the issuance of 
the new vessel certificate of documentation for such vessel 
(b) SAFETY INSPECTION.—Each vessel shall be subject 
to the vessel safety and inspection requirements of title 46, 
United States Code, applicable to any such vessel as of the 
day before the date of enactment of this Act. 
SEC. 902. CONVEYANCE OF THE PRESQUE ISLE LIGHT STA-
TION 
FRESNEL 
LENS 
TO 
PRESQUE 
ISLE 
TOWNSHIP, MICHIGAN. 
(a) CONVEYANCE OF LENS AUTHORIZED.—
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(1) 
TRANSFER
OF
POSSESSION.—Notwith-
standing any other provision of law, the Com-
mandant of the Coast Guard may transfer to Presque 
Isle Township, a township in Presque Isle County in 
the State of Michigan (in this section referred to as 
the ‘‘Township’’), possession of the Historic Fresnel 
Lens (in this section referred to as the ‘‘Lens’’) from 
the Presque Isle Light Station Lighthouse, Michigan 
(in this section referred to as the ‘‘Lighthouse’’). 
(2) CONDITION.—As a condition of the transfer 
of possession authorized by paragraph (1), the Town-
ship shall, not later than one year after the date of 
transfer, install the Lens in the Lighthouse for the 
purpose of operating the Lens and Lighthouse as a 
Class I private aid to navigation pursuant to section 
85 of title 14, United States Code, and the applicable 
regulations under that section. 
(3) CONVEYANCE
OF
LENS.—Upon the certifi-
cation of the Commandant that the Township has in-
stalled the Lens in the Lighthouse and is able to oper-
ate the Lens and Lighthouse as a private aid to navi-
gation as required by paragraph (2), the Com-
mandant shall convey to the Township all right, title, 
and interest of the United States in and to the Lens.
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(4) CESSATION OF UNITED STATES OPERATIONS 
OF AIDS TO NAVIGATION AT LIGHTHOUSE.—Upon the 
making of the certification described in paragraph 
(3), all active Federal aids to navigation located at 
the Lighthouse shall cease to be operated and main-
tained by the United States. 
(b) REVERSION.— 
(1) REVERSION FOR FAILURE OF AID TO NAVIGA-
TION.—If the Township does not comply with the con-
dition set forth in subsection (a)(2) within the time 
specified in that subsection, the Township shall, ex-
cept as provided in paragraph (2), return the Lens to 
the Commandant at no cost to the United States and 
under such conditions as the Commandant may re-
quire. 
(2) EXCEPTION
FOR
HISTORICAL
PRESERVA-
TION.—Notwithstanding the lack of compliance of the 
Township as described in paragraph (1), the Town-
ship may retain possession of the Lens for installa-
tion as an artifact in, at, or near the Lighthouse 
upon the approval of the Commandant. The Lens 
shall be retained by the Township under this para-
graph under such conditions for the preservation and 
conservation of the Lens as the Commandant shall 
specify for purposes of this paragraph. Installation of
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the Lens under this paragraph shall occur, if at all, 
not later than two years after the date of the transfer 
of the Lens to the Township under subsection (a)(1). 
(3) REVERSION
FOR
FAILURE
OF
HISTORICAL 
PRESERVATION.—If retention of the Lens by the 
Township is authorized under paragraph (2) and the 
Township does not install the Lens in accordance 
with that paragraph within the time specified in that 
paragraph, the Township shall return the lens to the 
Coast Guard at no cost to the United States and 
under such conditions as the Commandant may re-
quire. 
(c) CONVEYANCE OF ADDITIONAL PERSONAL PROP-
ERTY.— 
(1) TRANSFER AND CONVEYANCE OF PERSONAL 
PROPERTY.—Notwithstanding any other provision of 
law, the Commandant may transfer to the Township 
any additional personal property of the United States 
related to the Lens that the Commandant considers 
appropriate for conveyance under this section. If the 
Commandant conveys the Lens to the Township under 
subsection (a)(3), the Commandant may convey to the 
Township any personal property previously trans-
ferred to the Township under this subsection.
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(2) REVERSION.—If the Lens is returned to the 
Coast Guard pursuant to subsection (b), the Township 
shall return to the Coast Guard all personal property 
transferred or conveyed to the Township under this 
subsection except to the extent otherwise approved by 
the Commandant. 
(d) CONVEYANCE
WITHOUT
CONSIDERATION.—The 
conveyance of the Lens and any personal property under 
this section shall be without consideration. 
(e) DELIVERY OF PROPERTY.—The Commandant shall 
deliver property conveyed under this section— 
(1) at the place where such property is located 
on the date of the conveyance; 
(2) in condition on the date of conveyance; and 
(3) without cost to the United States. 
(f) MAINTENANCE OF PROPERTY.—As a condition of 
the conveyance of any property to the Township under this 
section, the Commandant shall enter into an agreement 
with the Township under which the Township agrees— 
(1) to operate the Lens as a Class I private aid 
to navigation under section 85 of title 14, United 
States Code, and application regulations under that 
section; and