164 
‘‘(C) recommendations on how to improve 
performance of the program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following 
new item: 
‘‘Sec. 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 sec-
tion shall be signed by the senior Coast Guard member 
or civilian employee who inspected the vessel, in addition 
to the officer in charge of marine inspection.’’. 
SEC. 724. POWERS AND DUTIES. 
Section 93 of title 14, United States Code, is amend-
ed by adding at the end the following new subsections: 
‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exer-
cising the Commandant’s duties and responsibilities with 
regard to marine safety, the individual with the highest 
rank who meets the experience qualifications set forth in 
section 50(a)(4) shall serve as the principal advisor to the 
Commandant regarding— 
‘‘(1) the operation, regulation, inspection, iden-
tification, manning, and measurement of vessels, in-
cluding plan approval and the application of load 
lines;
165 
‘‘(2) approval of materials, equipment, appli-
ances, and associated equipment; 
‘‘(3) the reporting and investigation of marine 
casualties and accidents; 
‘‘(4) the licensing, certification, documentation, 
protection and relief of merchant seamen; 
‘‘(5) suspension and revocation of licenses and 
certificates; 
‘‘(6) enforcement of manning requirements, citi-
zenship requirements, control of log books; 
‘‘(7) documentation and numbering of vessels; 
‘‘(8) State boating safety programs; 
‘‘(9) commercial instruments and maritime 
liens; 
‘‘(10) the administration of bridge safety; 
‘‘(11) administration of the navigation rules; 
‘‘(12) the prevention of pollution from vessels; 
‘‘(13) ports and waterways safety; 
‘‘(14) waterways management; including regula-
tion for regattas and marine parades; 
‘‘(15) aids to navigation; and 
‘‘(16) other duties and powers of the Secretary 
related to marine safety and stewardship. 
‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing 
in subsection (c) affects—
166 
‘‘(1) the authority of Coast Guard officers and 
members to enforce marine safety regulations using 
authority 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 sec-
tions 191 through 195 of title 50 on the date of en-
actment of this paragraph.’’. 
SEC. 725. APPEALS AND WAIVERS. 
(a) IN GENERAL.—Chapter 5 of title 14, United 
States Code, is further amended by inserting at the end 
the following new section: 
‘‘§ 102. Appeals and waivers 
‘‘Except for the Commandant of the Coast Guard, 
any individual adjudicating an appeal or waiver of a deci-
sion regarding marine safety, including inspection or man-
ning and threats to the environment, shall— 
‘‘(1) be a qualified specialist with the training, 
experience, and qualifications in marine safety to ef-
fectively judge the facts and circumstances involved 
in the appeal and make a judgment regarding the 
merits of the appeal; or 
‘‘(2) have a senior staff member who— 
‘‘(A) meets the requirements of paragraph 
(1);
167 
‘‘(B) actively advises the individual adjudi-
cating the appeal; and 
‘‘(C) concurs in writing on the decision on 
appeal.’’. 
(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. 726. 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 candidates a background and under-
standing of the marine safety program. These courses may 
include such topics as program history, vessel design and 
construction, vessel inspection, casualty 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.’’.
168 
SEC. 727. REPORT REGARDING CIVILIAN MARINE INSPEC-
TORS. 
Not later than one year after the date of enactment 
of this Act, the Commandant of the Coast Guard shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on Coast Guard’s efforts to recruit and 
retain civilian marine inspectors and investigators and the 
impact of such recruitment and retention efforts on Coast 
Guard organizational performance. 
TITLE VIII—MARINE SAFETY 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Maritime Safety Act 
of 2009’’. 
SEC. 802. VESSEL SIZE LIMITS. 
(a) LENGTH, TONNAGE, AND HORSEPOWER.—Sec-
tion 12113(d)(2) of title 46, United States Code, is 
amended— 
(1) by inserting ‘‘and’’ after the semicolon at 
the end of subparagraph (A)(i); 
(2) by striking ‘‘and’’ at the end of subpara-
graph (A)(ii); 
(3) by striking subparagraph (A)(iii); 
(4) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and
169 
(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 section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 
VESSEL
REBUILDING
AND
REPLACE-
MENT.—Section 208(g) of the American Fisheries 
Act (title II of division C of Public Law 105–277; 
112 Stat. 2681–627) is amended to read as follows: 
‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REBUILD
OR
REPLACE.—Notwith-
standing any limitation to the contrary on re-
placing, rebuilding, or lengthening vessels or 
transferring permits or licenses to a replace-
ment vessel contained in sections 679.2 and 
679.4 of title 50, Code of Federal Regulations, 
as in effect on the date of enactment of the 
Maritime Safety Act of 2009 and except as pro-
vided in paragraph (4), the owner of a vessel el-
igible under subsection (a), (b), (c), (d), or (e) 
(other than paragraph (21)), in order to im-
170 
prove vessel safety and operational efficiencies 
(including fuel efficiency), may rebuild or re-
place that vessel (including fuel efficiency) with 
a vessel documented with a fishery endorsement 
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 restric-
tions and limitations under such subsection as 
the vessel being rebuilt or replaced. 
‘‘(C) TRANSFER
OF
PERMITS
AND
LI-
CENSES.—Each fishing permit and license held 
by the owner of a vessel or vessels to be rebuilt 
or replaced under subparagraph (A) shall be 
transferred to the rebuilt or replacement vessel. 
‘‘(2) RECOMMENDATIONS
OF
NORTH
PACIFIC 
FISHERY MANAGEMENT COUNCIL.—The North Pa-
cific Fishery 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-Stevens Act as it considers nec-
essary to ensure that this subsection does not dimin-
ish the effectiveness of fishery management plans of
171 
the Bering Sea and Aleutian Islands Management 
Area or the Gulf of Alaska. 
‘‘(3) SPECIAL
RULE
FOR
REPLACEMENT
OF 
CERTAIN VESSELS.— 
‘‘(A) IN
GENERAL.—Notwithstanding the 
requirements of subsections (b)(2), (c)(1), and 
(c)(2) of section 12113 of title 46, United 
States Code, a vessel that is eligible under sub-
section (a), (b), (c), (d), or (e) (other than 
paragraph (21)) and that qualifies to be docu-
mented with a fishery endorsement pursuant to 
section 203(g) or 213(g) may be replaced with 
a replacement vessel under paragraph (1) if the 
vessel that is replaced is validly documented 
with a fishery endorsement pursuant to section 
203(g) or 213(g) before the replacement vessel 
is documented with a fishery endorsement 
under section 12113 of title 46, United States 
Code. 
‘‘(B) APPLICABILITY.—A replacement ves-
sel under subparagraph (A) and its owner and 
mortgagee are subject to the same limitations 
under section 203(g) or 213(g) that are appli-
cable to the vessel that has been replaced and 
its owner and mortgagee.
172 
‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER 
VESSELS.— 
‘‘(A) IN GENERAL.—A replacement for a 
covered vessel described in subparagraph (B) is 
prohibited from harvesting fish in any fishery 
(except for the Pacific whiting fishery) managed 
under the authority of any Regional Fishery 
Management Council (other than the North Pa-
cific Fishery Management Council) established 
under section 302(a) of the Magnuson-Stevens 
Act. 
‘‘(B) COVERED VESSELS.—A covered ves-
sel referred to in subparagraph (A) is— 
‘‘(i) a vessel eligible under subsection 
(a), (b), or (c) that is replaced under para-
graph (1); or 
‘‘(ii) a vessel eligible under subsection 
(a), (b), or (c) that is rebuilt to increase 
its registered length, gross tonnage, or 
shaft horsepower. 
‘‘(5) 
LIMITATION
ON
FISHERY
ENDORSE-
MENTS.—Any vessel that is replaced under this sub-
section shall thereafter not be eligible for a fishery 
endorsement under section 12113 of title 46, United
173 
States Code, unless 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 limita-
tion program under part 679 of title 50, Code of 
Federal Regulations, as in effect on the date of en-
actment of the Maritime Safety Act of 2009. 
‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Noth-
ing 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 im-
pacts caused by this Act.’’. 
(2) EXEMPTION
OF
CERTAIN
VESSELS.—Sec-
tion 203(g) of the American Fisheries Act (title II 
of division C of Public Law 105–277; 112 Stat. 
2681–620) is amended—
174 
(A) by inserting ‘‘and’’ after ‘‘(United 
States official number 651041)’’; 
(B) by striking ‘‘, NORTHERN TRAV-
ELER (United States official number 635986), 
and NORTHERN VOYAGER (United States 
official number 637398) (or a replacement ves-
sel for the NORTHERN VOYAGER that com-
plies with paragraphs (2), (5), and (6) of sec-
tion 208(g) of this Act)’’; and 
(C) by striking ‘‘, in the case of the 
NORTHERN’’ and all that follows through 
‘‘PHOENIX,’’. 
(3) 
FISHERY
COOPERATIVE
EXIT
PROVI-
SIONS.—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
PROVI-
SIONS.— 
‘‘(A) FISHING
ALLOWANCE
DETERMINA-
TION.—For purposes of determining the aggre-
gate percentage of directed fishing allowances
177 
tion 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 re-
ferred to in clause (i) in any manner that 
is not consistent with the fishery manage-
ment plan for the fishery developed by the 
Councils under section 303 of the Magnu-
son-Stevens Act.’’. 
SEC. 803. 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 Com-
merce, Science, and Transportation of the Senate on the 
efficacy of cold weather survival training conducted by the 
Coast Guard in Coast Guard District 17 over the pre-
ceding 5 years. The report shall include plans for con-
ducting such training in fiscal years 2010 through 2013. 
SEC. 804. 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 
inserting the following:
178 
‘‘(6) other equipment required to minimize the 
risk of injury to the crew during vessel operations, 
if the Secretary determines that a risk of serious in-
jury exists that can be eliminated or mitigated by 
that equipment; and’’; and 
(B) redesignating paragraph (8) as para-
graph (7); 
(2) in subsection (b)— 
(A) in paragraph (1) in the matter pre-
ceding subparagraph (A), by striking ‘‘docu-
mented’’; 
(B) in paragraph (1)(A), by striking ‘‘the 
Boundary Line’’ and inserting ‘‘3 nautical miles 
from the baseline from which the territorial sea 
of the United States is measured or beyond 3 
nautical miles from the coastline of the Great 
Lakes’’; 
(C) in paragraph (2)(B), by striking ‘‘life-
boats or liferafts’’ and inserting ‘‘a survival 
craft that ensures that no part of an individual 
is immersed in water’’; 
(D) in paragraph (2)(D), by inserting 
‘‘marine’’ before ‘‘radio’’; 
(E) in paragraph (2)(E), by striking 
‘‘radar reflectors, nautical charts, and anchors’’
179 
and inserting ‘‘nautical charts, and publica-
tions’’; 
(F) in paragraph (2)(F), by striking ‘‘, in-
cluding medicine chests’’ and inserting ‘‘and 
medical supplies sufficient for the size and area 
of operation of the vessel’’; and 
(G) by amending paragraph (2)(G) to read 
as follows: 
‘‘(G) ground tackle sufficient for the vessel.’’; 
(3) by amending subsection (f) to read as fol-
lows: 
‘‘(f) To ensure compliance with the requirements of 
this chapter, the Secretary— 
‘‘(1) shall require the individual in charge of a 
vessel described in subsection (b) to keep a record 
of equipment maintenance, and required instruction 
and drills; and 
‘‘(2) shall examine at dockside a vessel de-
scribed in subsection (b) at least once every 2 years, 
and shall issue a certificate of compliance to a vessel 
meeting the requirements of this chapter.’’; and 
(4) by adding at the end the following: 
‘‘(g)(1) The individual in charge of a vessel described 
in subsection (b) must pass a training program approved 
by the Secretary that meets the requirements in para-
180 
graph (2) of this subsection and hold a valid certificate 
issued under that program. 
‘‘(2) The training program shall— 
‘‘(A) be based on professional knowledge and 
skill obtained through sea service and hands-on 
training, including training in seamanship, stability, 
collision prevention, navigation, fire fighting and 
prevention, damage control, personal survival, emer-
gency medical care, emergency drills, and weather; 
‘‘(B) require an individual to demonstrate abil-
ity to communicate in an emergency situation and 
understand information found in navigation publica-
tions; 
‘‘(C) recognize and give credit for recent past 
experience in fishing vessel operation; and 
‘‘(D) provide for issuance of a certificate to an 
individual that has successfully completed the pro-
gram. 
‘‘(3) The Secretary shall prescribe regulations imple-
menting this subsection. The regulations shall require that 
individuals who are issued a certificate under paragraph 
(2)(D) must complete refresher training at least once 
every 5 years as a condition of maintaining the validity 
of the certificate.
181 
‘‘(4) The Secretary shall establish a publicly acces-
sible electronic database listing the names of individuals 
who have participated in and received a certificate con-
firming successful completion of a training program ap-
proved by the Secretary under this section. 
‘‘(h) A vessel to which this chapter applies shall be 
constructed 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 munici-
palities, port authorities, other appropriate public entities, 
not-for-profit organizations, and other qualified persons 
that provide commercial fishing safety training— 
‘‘(A) to conduct fishing vessel safety training 
for vessel operators and crewmembers that— 
‘‘(i) in the case of vessel operators, meets 
the requirements of subsection (g); and
182 
‘‘(ii) in the case of crewmembers, meets 
the requirements of subsection (g)(2)(A), such 
requirements of subsection (g)(2)(B) as are ap-
propriate for crewmembers, and the require-
ments of subsections (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 programs. 
‘‘(2) The Secretary shall award grants under this 
subsection on a competitive basis. 
‘‘(3) The Federal share of the cost of any activity 
carried 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 
businesses 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 com-
mercial fishing industry, including vessel design, emer-
gency and survival equipment, enhancement of vessel mon-
183 
itoring systems, communications devices, de-icing tech-
nology, and severe weather detection. 
‘‘(2) The Secretary shall award grants under this 
subsection on a competitive basis. 
‘‘(3) The Federal share of the cost of any activity 
carried out with a grant under this subsection shall not 
exceed 75 percent. 
‘‘(4) There is authorized to be appropriated 
$3,000,000 for each fiscal years 2010 through 2014 for 
activities under this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 4506(b) of 
title 46, United States Code, is repealed. 
(c) ADVISORY COMMITTEE.— 
(1) CHANGE OF NAME.—Section 4508 of title 
46, United States Code, is amended— 
(A) by striking the section heading and in-
serting the following: 
‘‘§ 4508. Commercial Fishing Safety Advisory Com-
mittee’’; 
and 
(B) in subsection (a) by striking ‘‘Industry 
Vessel’’. 
(2) 
MEMBERSHIP
REQUIREMENTS.—Section 
4508(b)(1) of that title is amended—
184 
(A) by striking ‘‘seventeen’’ and inserting 
‘‘eighteen’’; 
(B) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘from the commercial fishing 
industry who—’’ and inserting ‘‘who shall 
represent the commercial fishing industry 
and who—’’; and 
(ii) in clause (ii), by striking ‘‘an 
uninspected’’ and inserting ‘‘a’’; 
(C) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) three members who shall represent the 
general public, including, whenever possible— 
‘‘(i) an independent expert or consultant in 
maritime safety; 
‘‘(ii) a marine surveyor who provides serv-
ices to vessels to which this chapter applies; and 
‘‘(iii) a person familiar with issues affect-
ing fishing communities and families of fisher-
men;’’; and 
(D) in subparagraph (C)— 
(i) in the matter preceding clause (i), 
by striking ‘‘representing each of—’’
185 
and inserting ‘‘each of whom shall rep-
resent—’’; 
(ii) in clause (i), by striking ‘‘or ma-
rine surveyors;’’ and inserting ‘‘and marine 
engineers;’’; 
(iii) in clause (iii), by striking ‘‘and’’ 
after the semicolon at the end; 
(iv) in clause (iv), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(v) by adding at the end the following 
new clause: 
‘‘(v) owners of vessels to which this 
chapter applies.’’. 
(3) TERMINATION.—Section 4508(e)(1) of that 
title is amended by striking ‘‘September 30, 2010.’’ 
and inserting ‘‘September 30, 2020.’’. 
(4) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 45 of title 46, 
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.—Section 5102(b)(3) of title 46, United 
States Code, is amended by inserting after ‘‘vessel’’ the 
following ‘‘, unless the vessel is built or undergoes a sub-
186 
stantial change to the dimension of or type of the vessel 
completed after July 1, 2010’’. 
(e) CLASSING OF VESSELS.— 
(1) IN
GENERAL.—Section 4503 of title 46, 
United States Code, is amended— 
(A) by striking the section heading and in-
serting the following: 
‘‘§ 4503. Fishing, fish tender, and fish processing ves-
sel certification’’; 
(B) in subsection (a) by striking ‘‘fish 
processing’’; 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— 
‘‘(1) is built after July 1, 2010; or 
‘‘(2) undergoes a substantial change to the di-
mension of or type of the vessel completed after that 
date. 
‘‘(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 coopera-
tion with the commercial fishing industry and prescribed 
by the Secretary, if the vessel—
187 
‘‘(A) is at least 50 feet overall in length; 
‘‘(B) is built before July 1, 2010; and 
‘‘(C) is 25 years of age or older. 
‘‘(2) Alternative safety compliance programs may be 
developed for purposes of paragraph (1) for specific re-
gions and fisheries. 
‘‘(3) A fishing vessel, fish processing vessel, or fish 
tender vessel to which section 4502(b) of this title applies 
that was classed before July 1, 2010, shall— 
‘‘(A) remain subject to the requirements of a 
classification society approved by the Secretary; and 
‘‘(B) have on board a certificate from that soci-
ety.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 45 of title 46, 
United States Code, is amended by striking the item 
relating to such section and inserting the following: 
‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’. 
(f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.— 
No later than January 1, 2017, the Secretary of the de-
partment in which the Coast Guard is operating shall pre-
scribe an alternative safety compliance program referred 
to in section 4503(d) of the title 46, United States Code, 
as amended by this section. 
(g) PROHIBITION ON EARMARKS.—None of the funds 
appropriated for the Fishing Safety Training Grants Pro-
188 
gram pursuant to section 4502(i) of title 46, United 
States Code, as amended by this section, may be used for 
a Congressional earmark as defined in clause 9(d) of rule 
XXI of the Rules of the House of Representatives. 
(h) PROHIBITION ON EARMARKS.—None of the funds 
appropriated for the Fishing Safety Research Grant Pro-
gram pursuant to section 4502(j) of title 46, United 
States Code, as amended by this section, may be used for 
a Congressional earmark as defined in clause 9(d) of rule 
XXI of the Rules of the House of Representatives. 
SEC. 805. MARINER RECORDS. 
Section 7502 of title 46, United States Code, is 
amended— 
(1) by inserting ‘‘(a)’’ before ‘‘The’’; 
(2) by striking ‘‘computerized records’’ and in-
serting ‘‘records, including electronic records,’’; and 
(3) by adding at the end the following: 
‘‘(b) The Secretary may prescribe regulations requir-
ing a vessel owner or managing operator of a commercial 
vessel, or the employer of a seaman on that vessel, to 
maintain records of each individual engaged on the vessel 
on matters of engagement, discharge, and service for not 
less than 5 years after the date of the completion of the 
service of that individual on the vessel. The regulations 
may require that a vessel owner, managing operator, or
189 
employer shall make these records available to the indi-
vidual and the Coast Guard on request. 
‘‘(c) A person violating this section, or a regulation 
prescribed under this section, is liable to the United States 
Government for a civil penalty of not more than $5,000.’’. 
SEC. 806. DELETION OF EXEMPTION OF LICENSE REQUIRE-
MENT FOR OPERATORS OF CERTAIN TOWING 
VESSELS. 
Section 8905 of title 46, United States Code, is 
amended— 
(1) by striking subsection (b); and 
(2) by redesignating subsection (c) as sub-
section (b). 
SEC. 807. LOG BOOKS. 
(a) IN GENERAL.—Chapter 113 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 11304. Additional logbook and entry requirements 
‘‘(a) A vessel of the United States that is subject to 
inspection under section 3301 of this title, except a vessel 
on a voyage from a port in the United States to a port 
in Canada, shall have an official logbook, which shall be 
kept available for review by the Secretary on request. 
‘‘(b) The log book required by subsection (a) shall 
include the following entries:
190 
‘‘(1) The time when each seaman and each offi-
cer assumed or relieved the watch. 
‘‘(2) The number of hours in service to the ves-
sels 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. 808. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 
(a) IN GENERAL.—Chapter 21 of title 46, United 
States Code, is further amended by adding at the end the 
following new sections: 
‘‘§ 2117. Termination for unsafe operation 
‘‘An individual authorized to enforce this title— 
‘‘(1) may remove a certificate required by this 
title from a vessel that is operating in a condition 
that does not comply with the provisions of the cer-
tificate; 
‘‘(2) may order the individual in charge of a 
vessel that is operating that does not have on board 
the certificate required by this title to return the 
vessel to a mooring and to remain there until the 
vessel is in compliance with this title; and
191 
‘‘(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 individ-
uals on board the vessel if the official observes the 
vessel being operated in an unsafe condition that the 
official believes creates an especially hazardous con-
dition, including ordering the individual 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 equip-
ment required on vessels subject to part B of this title, 
the Secretary shall establish standards that are— 
‘‘(1) based on performance using the best avail-
able technology that is economically achievable; and 
‘‘(2) operationally practical. 
‘‘(b) Using the standards established under sub-
section (a), the Secretary may also certify lifesaving equip-
ment that is not required to be carried on vessels subject 
to part B of this title to ensure that such equipment is 
suitable for its intended purpose. 
‘‘(c) At least once every 10 years the Secretary shall 
review and revise the standards established under sub-
192 
section (a) to ensure that the standards meet the require-
ments 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: 
‘‘Sec. 2117. Termination for unsafe operation. 
‘‘Sec. 2118. Establishment of equipment standards.’’. 
SEC. 809. APPROVAL OF SURVIVAL CRAFT. 
(a) IN GENERAL.—Chapter 31 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 3104. Survival craft 
‘‘(a) Except as provided in subsection (b), the Sec-
retary may not approve a survival craft as a safety device 
for purposes of this part, unless the craft ensures that 
no part of an individual is immersed in water. 
‘‘(b) The Secretary may authorize a survival craft 
that does not provide protection described in subsection 
(a) to remain in service until not later than January 1, 
2015, if— 
‘‘(1) it was approved by the Secretary before 
January 1, 2010; and 
‘‘(2) it is in serviceable condition.’’.
193 
(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. 810. SAFETY MANAGEMENT. 
(a) VESSELS TO WHICH REQUIREMENTS APPLY.— 
Section 3202 of title 46, United States Code, is amend-
ed— 
(1) in subsection (a) by striking the heading 
and inserting ‘‘FOREIGN VOYAGES
AND FOREIGN 
VESSELS.—’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) OTHER PASSENGER VESSELS.—This chapter 
applies to a vessel that is— 
‘‘(1) a passenger vessel or small passenger ves-
sel; and 
‘‘(2) is transporting more passengers than a 
number prescribed by the Secretary based on the 
number of individuals on the vessel that could be 
killed or injured in a marine casualty.’’; 
(4) in subsection (d), as so redesignated, by 
striking ‘‘subsection (b)’’ and inserting ‘‘subsection 
(c)’’; and
194 
(5) in subsection (d)(4), as so redesignated, by 
inserting ‘‘that is not described in subsection (b) of 
this section’’ after ‘‘waters’’. 
(b) SAFETY MANAGEMENT SYSTEM.—Section 3203 
of title 46, United States Code, is amended by adding at 
the end the following new subsection: 
‘‘(c) In prescribing regulations for passenger vessels 
and small passenger vessels, the Secretary shall con-
sider— 
‘‘(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 
operate.’’. 
SEC. 811. PROTECTION AGAINST DISCRIMINATION. 
(a) IN GENERAL.—Section 2114 of title 46, United 
States Code, is amended— 
(1) in subsection (a)(1)(A), by striking ‘‘or’’ 
after the semicolon; 
(2) in subsection (a)(1)(B), by striking the pe-
riod at the end and inserting a semicolon; 
(3) by adding at the end of subsection (a)(1) 
the following new subparagraphs:
195 
‘‘(C) the seaman testified in a proceeding 
brought to enforce a maritime safety law or regula-
tion prescribed under that law; 
‘‘(D) the seaman notified, or attempted to no-
tify, the vessel owner or the Secretary of a work-re-
lated personal injury or work-related illness of a sea-
man; 
‘‘(E) the seaman cooperated with a safety in-
vestigation by the Secretary or the National Trans-
portation Safety Board; 
‘‘(F) the seaman furnished information to the 
Secretary, the National Transportation Safety 
Board, or any other public official as to the facts re-
lating to any marine casualty resulting in injury or 
death to an individual or damage to property occur-
ring in connection with vessel transportation; or 
‘‘(G) the seaman accurately reported hours of 
duty under this part.’’; and 
(4) by amending subsection (b) to read as fol-
lows: 
‘‘(b) A seaman alleging discharge or discrimination 
in violation of subsection (a) of this section, or another 
person at the seaman’s request, may file a complaint with 
respect to such allegation in the same manner as a com-
plaint may be filed under subsection (b) of section 31105
196 
of title 49. Such complaint shall be subject to the proce-
dures, 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 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. 812. OIL FUEL TANK PROTECTION. 
Section 3306 of title 46, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(k)(1) Each vessel of the United States that is con-
structed under a contract entered into after the date of 
enactment of the Maritime Safety Act of 2009, or that 
is delivered after January 1, 2011, with an aggregate ca-
pacity of 600 cubic meters or more of oil fuel, shall comply 
with the requirements of Regulation 12A under Annex I 
to the Protocol of 1978 relating to the International Con-
vention for the Prevention of Pollution from Ships, 1973, 
entitled ‘Oil Fuel Tank Protection’.
197 
‘‘(2) The Secretary may prescribe regulations to 
apply the requirements described in Regulation 12A to 
vessels described in paragraph (1) that are not otherwise 
subject to that convention. Any such regulation shall be 
considered to be an interpretive rule for the purposes of 
section 553 of title 5. 
‘‘(3) In this subsection the term ‘oil fuel’ means any 
oil used as fuel in connection with the propulsion and aux-
iliary machinery of the vessel in which such oil is carried.’’. 
SEC. 813. OATHS. 
Sections 7105 and 7305 of title 46, United States 
Code, and the items relating to such sections in the anal-
ysis for chapters 71 and 73 of such title, are repealed. 
SEC. 814. DURATION OF CREDENTIALS. 
(a) MERCHANT MARINER’S DOCUMENTS.—Section 
7302(f) of title 46, United States Code, is amended to 
read as follows: 
‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MER-
CHANT MARINERS’ DOCUMENTS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (g), a merchant mariner’s document issued 
under this chapter is valid for a 5-year period and 
may be renewed for additional 5-year periods. 
‘‘(2) ADVANCE
RENEWALS.—A renewed mer-
chant mariner’s document may be issued under this
198 
chapter up to 8 months in advance but is not effec-
tive until the date that the previously issued mer-
chant mariner’s document expires or until the com-
pletion of any active suspension or revocation of that 
previously issued merchant mariner’s document, 
whichever is later.’’. 
(b) DURATION OF LICENSES.—Section 7106 of such 
title is amended to read as follows: 
‘‘§ 7106. Duration of licenses 
‘‘(a) IN GENERAL.—A license issued under this part 
is valid for a 5-year period and may be renewed for addi-
tional 5-year periods; except that the validity of a license 
issued to a radio officer is conditioned on the continuous 
possession by the holder of a first-class or second-class ra-
diotelegraph operator license issued by the Federal Com-
munications Commission. 
‘‘(b) ADVANCE
RENEWALS.—A renewed license 
issued under this part may be issued up to 8 months in 
advance but is not effective until the date that the pre-
viously issued license 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:
199 
‘‘§ 7107. Duration of certificates of registry 
‘‘(a) IN GENERAL.—A certificate of registry issued 
under this part is valid for a 5-year period and may be 
renewed for additional 5-year periods; except that the va-
lidity of a certificate issued to a medical doctor or profes-
sional nurse is conditioned on the continuous possession 
by the holder of a license as a medical doctor or registered 
nurse, respectively, issued by a State. 
‘‘(b) ADVANCE RENEWALS.—A renewed certificate of 
registry issued under this part may be issued up to 8 
months in advance but is not effective until the date that 
the previously issued certificate of registry expires or until 
the completion of any active suspension or revocation of 
that previously issued merchant mariner’s document, 
whichever is later.’’. 
SEC. 815. FINGERPRINTING. 
(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. Fingerprinting 
‘‘The Secretary of the department in which the Coast 
Guard is operating may not require an individual to be 
fingerprinted for the issuance or renewal of a license, a 
certificate of registry, or a merchant mariner’s document 
under chapter 71 or 73 if the individual was fingerprinted
200 
when the individual applied for a transportation security 
card under section 70105.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘7507. Fingerprinting.’’. 
SEC. 816. AUTHORIZATION TO EXTEND THE DURATION OF 
LICENSES, CERTIFICATES OF REGISTRY, AND 
MERCHANT MARINERS’ DOCUMENTS. 
(a) MERCHANT MARINER LICENSES
AND DOCU-
MENTS.—Chapter 75 of title 46, United States Code, as 
amended by section 815(a) of this title, is further amended 
by adding at the end the following: 
‘‘§ 7508. Authority to extend the duration of licenses, 
certificates of registry, and merchant 
mariner documents 
‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.— 
Notwithstanding sections 7106 and 7107, the Secretary 
of the department in which the Coast Guard is operating 
may— 
‘‘(1) extend for not more than one year an ex-
piring license or certificate of registry issued for an 
individual under chapter 71 if the Secretary deter-
mines that the extension is required to enable the 
Coast Guard to eliminate a backlog in processing ap-
plications for those licenses or certificates of registry
201 
or in response to a national emergency or natural 
disaster, as deemed necessary by the Secretary; or 
‘‘(2) issue for not more than five years an ex-
piring license or certificate of registry issued for an 
individual under chapter 71 for the exclusive pur-
pose of aligning the expiration date of such license 
or certificate of registry 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 ex-
piring merchant mariner’s document issued for an 
individual under chapter 71 if the Secretary deter-
mines that the extension is required to enable the 
Coast Guard to eliminate a backlog in processing ap-
plications for those licenses or certificates of registry 
or in response to a national emergency or natural 
disaster, as deemed necessary by the Secretary; or 
‘‘(2) issue for not more than five years an ex-
piring merchant mariner’s document issued for an 
individual under chapter 71 for the exclusive pur-
pose of aligning the expiration date of such mer-
chant mariner’s document with the expiration date 
of a merchant mariner’s document.
202 
‘‘(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, as amended by section 815(b), is further amend-
ed by adding at the end the following: 
‘‘7508. Authority to extend the duration of licenses, certificates of registry, and 
merchant mariner documents.’’. 
SEC. 817. MERCHANT MARINER DOCUMENTATION. 
(a) INTERIM CLEARANCE PROCESS.—Not later than 
180 days after the date of enactment of this Act, the Sec-
retary of the department in which the Coast Guard is op-
erating shall develop an interim clearance process for 
issuance of a merchant mariner document to enable a 
newly hired seaman to begin working on an offshore sup-
ply vessel or towing vessel if the Secretary makes an initial 
determination that the seaman does not pose a safety and 
security risk. 
(b) CONTENTS
OF PROCESS.—The process under 
subsection (a) shall include a check against the consoli-
dated and integrated terrorist watch list maintained by the 
Federal Government, review of the seaman’s criminal 
record, and review of the results of testing the seaman 
for use of a dangerous drug (as defined in section 2101 
of title 46, United States Code) in violation of law or Fed-
eral regulation.
203 
SEC. 818. 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 Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report regarding the feasibility of— 
(1) expanding the streamlined evaluation proc-
ess program that was affiliated with the Houston 
Regional Examination Center of the Coast Guard to 
all processing centers of the Coast Guard nation-
wide; 
(2) including proposals to simplify the applica-
tion process for a license as an officer, staff officer, 
or operator and for a merchant mariner’s document 
to help eliminate errors by merchant mariners when 
completing the application form (CG–719B), includ-
ing instructions attached to the application form and 
a modified application form for renewals with ques-
tions pertaining only to the period of time since the 
previous application; 
(3) providing notice to an applicant of the sta-
tus of the pending application, including a process to 
allow the applicant to check on the status of the ap-
plication by electronic means; and
204 
(4) ensuring that all information collected with 
respect to applications for new or renewed licenses, 
merchant mariner documents, and certificates of 
registry is retained in a secure electronic format. 
SEC. 819. OFFSHORE SUPPLY VESSELS. 
(a) DEFINITION.—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 inserting before the period at the end the 
following: ‘‘of less than 500 gross tons as measured under 
section 14502, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary 
under section 14104 of this title’’. 
(c) REMOVAL OF TONNAGE LIMITS.— 
(1) ABLE
SEAMEN-OFFSHORE
SUPPLY
VES-
SELS.—Section 7310 of title 46, United States 
Code, is amended by striking ‘‘of less than 500 gross 
tons as measured under section 14502 of this title, 
or an alternate tonnage measured under section
205 
14302 of this title as prescribed by the Secretary 
under section 14104 of this title’’. 
(2) SCALE OF EMPLOYMENT: ABLE SEAMEN.— 
Section 7312(d) of title 46, United States Code, is 
amended by striking ‘‘of less than 500 gross tons as 
measured under section 14502 of this title, or an al-
ternate tonnage measured under section 14302 of 
this title as prescribed by the Secretary under sec-
tion 14104 of this title’’. 
(d) WATCHES.—Section 8104 of title 46, United 
States Code, is amended— 
(1) in subsection (g), by inserting after ‘‘off-
shore supply vessel’’ the following: ‘‘of less than 500 
gross tons as measured under section 14502 of this 
title, or less than 6,000 gross tons as measured 
under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title’’; 
(2) in subsection (d), by inserting ‘‘(1)’’ after 
‘‘(d)’’, and by adding at the end the following: 
‘‘(2) Paragraph (1) does not apply to an offshore sup-
ply vessel of at least 6,000 gross tons as measured under 
section 14302 of this title if the individuals engaged on 
the vessel are in compliance with hours of service require-
ments (including recording and record-keeping of that 
service) prescribed by the Secretary.’’; and
206 
(3) in subsection (e), by striking ‘‘subsection 
(d)’’ and inserting ‘‘subsection (d)(1)’’. 
(e) MINIMUM
NUMBER
OF
LICENSED
INDIVID-
UALS.—Section 8301(b) of title 46, United States Code, 
is amended to read as follows: 
‘‘(b)(1) An offshore supply vessel of less than 6,000 
gross tons, as measured under section 14302 of this title, 
on a voyage of less than 600 miles shall have at least one 
licensed mate. Such a vessel on a voyage of 600 miles or 
more shall have two licensed mates. 
‘‘(2) An offshore supply vessel of more than 200 
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, may not be operated without a licensed 
engineer. 
‘‘(3) An offshore supply vessel shall have at least one 
mate. Additional mates on an offshore supply vessel of at 
least 6,000 gross tons as measured under section 14302 
of this title shall be prescribe in accordance with hours 
of service requirements (including recording and record- 
keeping of that service) prescribed by the Secretary.’’. 
(f) REGULATIONS.— 
(1) IN GENERAL.—The Secretary of the depart-
ment in which the Coast Guard is operating shall
207 
promulgate regulations to implement the amend-
ments enacted by this section and chapter 37 of title 
46, United States Code, for offshore supply vessels 
of at least 6,000 gross tons, before January 1, 2010. 
(2) INTERIM
FINAL
RULE
AUTHORITY.—The 
Secretary shall issue an interim final rule as a tem-
porary regulation implementing this section (includ-
ing the amendments made by this section), and 
chapter 37 of title 46, United States Code, for off-
shore supply vessels of at least 6,000 gross tons, as 
soon as practicable after the date of enactment of 
this section, without regard to the provisions of 
chapter 5 of title 5, United States Code. All regula-
tions prescribed under the authority of this para-
graph that are not earlier superseded by final regu-
lations shall expire not later than 1 year after the 
date of enactment of this Act. 
(3) INITIATION
OF
RULEMAKING.—The Sec-
retary may initiate a rulemaking to implement this 
section (including the amendments made by this sec-
tion), and chapter 37 of title 46, United States 
Code, for offshore supply vessels of at least 6,000 
gross tons, as soon as practicable after the date of 
enactment of this section. The final rule issued pur-
208 
suant to that rulemaking may supersede the interim 
final rule promulgated under this subsection. 
(4) INTERIM PERIOD.—After the date of enact-
ment of this Act and prior to the effective date of 
the regulations promulgated to implement the 
amendments enacted by this section under para-
graph (2), and notwithstanding the tonnage limits of 
applicable regulations promulgated prior to the date 
of enactment of this Act, the Secretary may— 
(A) issue a certificate of inspection under 
section 3309 of title 46, United States Code, to 
an offshore supply vessel of at least 500 gross 
tons as measured under section 14502 of title 
46, United States Code, or of at least 6,000 
gross tons as measured under section 14302 of 
title 46, United States Code, if the Secretary 
determines that such vessel’s arrangements, 
equipment, classification, and certifications pro-
vide for the safe carriage of individuals in addi-
tion to the crew and oil and hazardous sub-
stances, taking into consideration the character-
istics of offshore supply vessels, their methods 
of operation, and their service in support of ex-
ploration, exploitation, or production of offshore 
mineral or energy resources;
209 
(B) for the purpose of enforcing chapter 
37 of title 46, United States Code, use tank 
vessel standards for offshore supply vessels of 
at least 6,000 gross tons after considering the 
characteristics, methods of operation, and na-
ture of the service of the vessel; and 
(C) authorize a master, mate, or engineer 
whom the Secretary decides possesses the expe-
rience on an offshore supply vessel under 6,000 
gross tons to serve on an offshore supply vessel 
over at least 6,000 gross tons. 
SEC. 820. ASSOCIATED EQUIPMENT. 
Section 2101(1)(B) of title 46, United States Code, 
is amended by inserting ‘‘with the exception of emergency 
locator beacons,’’ before ‘‘does’’. 
SEC. 821. LIFESAVING DEVICES ON UNINSPECTED VESSELS. 
Section 4102(b) of title 46, United States Code, is 
amended to read as follows: 
‘‘(b) The Secretary shall prescribe regulations requir-
ing the installation, maintenance, and use of life pre-
servers and other lifesaving devices for individuals on 
board uninspected vessels.’’. 
SEC. 822. STUDY OF BLENDED FUELS IN MARINE APPLICA-
TION. 
(a) SURVEY.—
212 
(C) fires and explosions on board vessels 
propelled by engines using blended fuels. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Home-
land Security to carry out the survey and study under this 
section $1,000,000. 
SEC. 823. RENEWAL OF ADVISORY COMMITTEES. 
(a) GREAT
LAKES
PILOTAGE
ADVISORY
COM-
MITTEE.—Section 9307(f)(1) of title 46, United States 
Code, is amended by striking ‘‘September 30, 2010.’’ and 
inserting ‘‘September 30, 2020.’’. 
(b) NATIONAL BOATING SAFETY ADVISORY COUN-
CIL.—Section 13110 of title 46, United States Code, is 
amended— 
(1) in subsection (d), by striking the first sen-
tence; and 
(2) in subsection (e), by striking ‘‘September 
30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 
(c) HOUSTON-GALVESTON NAVIGATION SAFETY AD-
VISORY COMMITTEE.—Section 18(h) of the Coast Guard 
Authorization Act of 1991 (Public Law 102–241 as 
amended by Public Law 104–324) is amended by striking 
‘‘September 30, 2010.’’ and inserting ‘‘September 30, 
2020.’’.
213 
(d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY 
ADVISORY COMMITTEE.—Section 19 of the Coast Guard 
Authorization Act of 1991 (Public Law 102–241) is 
amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘twenty-four’’ and inserting ‘‘twen-
ty-five’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(12) One member representing the Associated 
Federal Pilots and Docking Masters of Louisiana.’’; 
and 
(2) in subsection (g), by striking ‘‘September 
30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 
(e) TOWING SAFETY ADVISORY COMMITTEE.—The 
Act to Establish a Towing Safety Advisory Committee in 
the Department of Transportation (33 U.S.C. 1231a) is 
amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) There is established a Towing Safety Advisory 
Committee (hereinafter referred to as the ‘Committee’). 
The Committee shall consist of eighteen members with 
particular expertise, knowledge, and experience regarding
214 
shallow-draft inland and coastal waterway navigation and 
towing safety as follows: 
‘‘(1) Seven members representing the barge and 
towing industry, reflecting a regional geographic bal-
ance. 
‘‘(2) One member representing the offshore 
mineral and oil supply vessel industry. 
‘‘(3) One member representing holders of active 
licensed Masters or Pilots of towing vessels with ex-
perience on the Western Rivers and the Gulf Intra-
coastal Waterway. 
‘‘(4) One member representing the holders of 
active licensed Masters of towing vessels in offshore 
service. 
‘‘(5) One member representing Masters who are 
active ship-docking or harbor towing vessel. 
‘‘(6) One member representing licensed or unli-
censed towing vessel engineers with formal training 
and experience. 
‘‘(7) Two members representing each of the fol-
lowing groups: 
‘‘(A) Port districts, authorities, or terminal 
operators.
215 
‘‘(B) Shippers (of whom at least one shall 
be engaged in the shipment of oil or hazardous 
materials by barge). 
‘‘(8) Two members representing the general 
public.’’; and 
(2) in subsection (e), by striking ‘‘September 
30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 
(f) NAVIGATION SAFETY ADVISORY COUNCIL.—Sec-
tion 5 of the Inland Navigational Rules Act of 1980 (33 
U.S.C. 2073) is amended— 
(1) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) ESTABLISHMENT OF COUNCIL.— 
‘‘(1) IN GENERAL.—The Secretary of the de-
partment in which the Coast Guard is operating 
shall establish a Navigation Safety Advisory Council 
(hereinafter referred to as the ‘Council’), consisting 
of not more than 21 members. All members shall 
have expertise in Inland and International vessel 
navigation Rules of the Road, aids to maritime navi-
gation, maritime law, vessel safety, port safety, or 
commercial diving safety. Upon appointment, all 
non-Federal members shall be designated as rep-
resentative members to represent the viewpoints and
216 
interests of one of the following groups or organiza-
tions: 
‘‘(A) Commercial vessel owners or opera-
tors. 
‘‘(B) Professional mariners. 
‘‘(C) Recreational boaters. 
‘‘(D) The recreational boating industry. 
‘‘(E) State agencies responsible for vessel 
or port safety. 
‘‘(F) The Maritime Law Association. 
‘‘(2) PANELS.—Additional persons may be ap-
pointed to panels of the Council to assist the Council 
in performance of its functions. 
‘‘(3) NOMINATIONS.—The Secretary, through 
the Coast Guard Commandant, shall not less often 
than once a year publish a notice in the Federal 
Register soliciting nominations for membership on 
the Council. 
‘‘(b) FUNCTIONS.—The Council shall advise, consult 
with, and make recommendations to the Secretary, 
through the Coast Guard Commandant, on matters relat-
ing to maritime collisions, rammings, groundings, Inland 
Rules of the Road, International Rules of the Road, navi-
gation regulations and equipment, routing measures, ma-
rine information, diving safety, and aids to navigation sys-
217 
tems. Any advice and recommendations made by the 
Council to the Secretary shall reflect the independent 
judgment of the Council on the matter concerned. The 
Council shall meet at the call of the Coast Guard Com-
mandant, but in any event not less than twice during each 
calendar year. All proceedings of the Council shall be pub-
lic, and a record of the proceedings shall be made available 
for public inspection.’’; and 
(2) in subsection (d), by striking ‘‘September 
30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 
SEC. 824. PILOT REQUIRED. 
Section 8502(g) of title 46, United States Code, is 
amended— 
(1) in paragraph (1), by inserting ‘‘and Buz-
zards Bay, Massachusetts’’ before ‘‘, if any,’’; and 
(2) by adding at the end the following: 
‘‘(3) In any area of Buzzards Bay, Massachu-
setts, where a single-hull tanker or tank vessel car-
rying 5,000 or more barrels of oil or other haz-
ardous material is required to be under the direction 
and control of a Federal first class pilot, the pilot 
may not be a member of the crew of that vessel, and 
shall be a pilot licensed—
218 
‘‘(A) by the State of Massachusetts who is 
operating under a Federal first class pilot’s li-
cense; or 
‘‘(B) under section 7101 of this title as a 
Federal first class pilot who has made at least 
20 round trips on a vessel as a quartermaster, 
wheelsman, able seaman, or apprentice pilot, or 
in an equivalent capacity, including— 
‘‘(i) at least 1 round trip through 
Buzzards Bay in the preceding 12-month 
period; and 
‘‘(ii) if the vessel will be navigating in 
periods of darkness in an area of Buzzards 
Bay where a vessel is required by regula-
tion to have a pilot, at least 5 round trips 
through Buzzards Bay during periods of 
darkness.’’. 
SEC. 825. DELEGATION OF AUTHORITY TO CLASSIFICATION 
SOCIETIES REGARDING OFFSHORE FACILI-
TIES. 
(a) IN GENERAL.—Section 3316 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d)(1) The Secretary may delegate to the American 
Bureau of Shipping or another classification society recog-
219 
nized by the Secretary as meeting acceptable standards 
for such a society, for a United States offshore facility, 
the authority to— 
‘‘(A) review and approve plans required for 
issuing a certificate of inspection, a certificate of 
compliance, or any other certification and related 
documents issued by the Coast Guard pursuant to 
regulations issued under section 30 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1356); and 
‘‘(B) conduct inspections and examinations. 
‘‘(2) The Secretary may make a delegation under 
paragraph (1) to a foreign classification society only if— 
‘‘(A) the foreign society has offices and main-
tains records in the United States; and 
‘‘(B)(i) the government of the foreign country 
in which the foreign society is headquartered dele-
gates that authority to the American Bureau of 
Shipping; or 
‘‘(ii) the Secretary has entered into an agree-
ment with the government of the foreign country in 
which the foreign society is headquartered that— 
‘‘(I) ensures the government of the foreign 
country will accept plan review, inspections, or 
examinations conducted by the American Bu-
reau of Shipping and provide equivalent access
220 
to inspect, certify, and provide related services 
to offshore facilities located in that country or 
operating under the authority of that country; 
and 
‘‘(II) is in full accord with principles of 
reciprocity in regards to any delegation con-
templated by the Secretary under paragraph 
(1). 
‘‘(3) If an inspection or examination is conducted 
under authority delegated under this subsection, the per-
son to which the authority was delegated— 
‘‘(A) shall maintain in the United States com-
plete files of all information derived from or nec-
essarily connected with the inspection or examina-
tion for at least 2 years after the United States off-
shore facility ceases to be certified; and 
‘‘(B) shall permit access to those files at all 
reasonable times to any officer, employee, or mem-
ber of the Coast Guard designated— 
‘‘(i) as a marine inspector and serving in 
a position as a marine inspector; or 
‘‘(ii) in writing by the Secretary to have 
access to those files. 
‘‘(4) For purposes of this subsection—
221 
‘‘(A) the term ‘offshore facility’ means any in-
stallation, structure, or other device (including any 
vessel not documented under chapter 121 of this 
title or the laws of another country), fixed or float-
ing, that dynamically holds position or is temporarily 
or permanently attached to the seabed or subsoil 
under the sea; and 
‘‘(B) the term ‘United States offshore facility’ 
means any offshore facility, fixed or floating, that 
dynamically holds position or is temporarily or per-
manently attached to the seabed or subsoil under the 
territorial sea of the United States or the outer Con-
tinental Shelf (as that term is defined in section 2 
of the Outer Continental Shelf Lands Act (43 
U.S.C. 1331)), including any vessel, rig, platform, or 
other vehicle or structure subject to regulation under 
section 30 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1356).’’. 
(b) REVIEW AND APPROVAL OF CLASSIFICATION SO-
CIETY REQUIRED.—Section 3316(c) of title 46, United 
States Code, is amended by striking so much as precedes 
paragraph (2) and inserting the following: 
‘‘(c)(1) A classification society (including an em-
ployee or agent of that society) may not review, examine, 
survey, or certify the construction, repair, or alteration of
222 
a vessel in the United States unless the society has applied 
for approval under this subsection and the Secretary has 
reviewed and approved that society with respect to the 
conduct of that society under paragraph (2).’’. 
TITLE IX—CRUISE VESSEL 
SAFETY 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Cruise Vessel Security 
and Safety Act of 2009’’. 
SEC. 902. FINDINGS. 
The Congress makes the following findings: 
(1) There are approximately 200 overnight 
ocean-going cruise vessels worldwide. The average 
ocean-going cruise vessel carries 2,000 passengers 
with a crew of 950 people. 
(2) In 2007 alone, approximately 12,000,000 
passengers were projected to take a cruise world-
wide. 
(3) Passengers on cruise vessels have an inad-
equate appreciation of their potential vulnerability to 
crime while on ocean voyages, and those who may be 
victimized lack the information they need to under-
stand their legal rights or to know whom to contact 
for help in the immediate aftermath of the crime.
223 
(4) Sexual violence, the disappearance of pas-
sengers from vessels on the high seas, and other se-
rious crimes have occurred during luxury cruises. 
(5) Over the last 5 years, sexual assault and 
physical assaults on cruise vessels were the leading 
crimes investigated by the Federal Bureau of Inves-
tigation with regard to cruise vessel incidents. 
(6) These crimes at sea can involve attacks 
both by passengers and crew members on other pas-
sengers and crew members. 
(7) Except for United States flagged vessels, or 
foreign flagged vessels operating in an area subject 
to the direct jurisdiction of the United States, there 
are no Federal statutes or regulations that explicitly 
require cruise lines to report alleged crimes to 
United States Government officials. 
(8) It is not known precisely how often crimes 
occur on cruise vessels or exactly how many people 
have disappeared during ocean voyages because 
cruise line companies do not make comprehensive, 
crime-related data readily available to the public. 
(9) Obtaining reliable crime-related cruise data 
from governmental sources can be difficult, because 
multiple countries may be involved when a crime oc-
curs on the high seas, including the flag country for
224 
the vessel, the country of citizenship of particular 
passengers, and any countries having special or mar-
itime jurisdiction. 
(10) It can be difficult for professional crime 
investigators to immediately secure an alleged crime 
scene on a cruise vessel, recover evidence of an on-
board offense, and identify or interview potential 
witnesses to the alleged crime. 
(11) Most cruise vessels that operate into and 
out of United States ports are registered under the 
laws of another country, and investigations and 
prosecutions of crimes against passengers and crew 
members may involve the laws and authorities of 
multiple nations. 
(12) The Coast Guard has found it necessary to 
establish 500-yard security zones around cruise ves-
sels to limit the risk of terrorist attack. Recently pi-
racy has dramatically increased throughout the 
world. 
(13) To enhance the safety of cruise pas-
sengers, the owners of cruise vessels could upgrade, 
modernize, and retrofit the safety and security infra-
structure on such vessels by installing peep holes in 
passenger room doors, installing security video cam-
eras in targeted areas, limiting access to passenger
225 
rooms to select staff during specific times, and in-
stalling acoustic hailing and warning devices capable 
of communicating over distances. 
SEC. 903. CRUISE VESSEL SECURITY AND SAFETY REQUIRE-
MENTS. 
(a) IN GENERAL.—Chapter 35 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3507. Passenger vessel security and safety require-
ments 
‘‘(a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 
AND RETROFITTING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Each vessel to which this 
subsection applies shall comply with the following 
design and construction standards: 
‘‘(A) The vessel shall be equipped with 
ship rails that are located not less than 42 
inches above the cabin deck. 
‘‘(B) Each passenger stateroom and crew 
cabin shall be equipped with entry doors that 
include peep holes or other means of visual 
identification. 
‘‘(C) For any vessel the keel of which is 
laid after the date of enactment of the Cruise 
Vessel Security and Safety Act of 2009, each
226 
passenger stateroom and crew cabin shall be 
equipped with— 
‘‘(i) security latches; and 
‘‘(ii) time-sensitive key technology. 
‘‘(D) The vessel shall integrate technology 
that can be used for capturing images of pas-
sengers or detecting passengers who have fallen 
overboard, to the extent that such technology is 
available. 
‘‘(E) The vessel shall be equipped with a 
sufficient number of operable acoustic hailing 
or other such warning devices to provide com-
munication capability around the entire vessel 
when operating in high risk areas (as defined 
by the Coast Guard). 
‘‘(2) FIRE
SAFETY
CODES.—In administering 
the requirements of paragraph (1)(C), the Secretary 
shall take into consideration fire safety and other 
applicable emergency requirements established by 
the Coast Guard and under international law, as ap-
propriate. 
‘‘(3) EFFECTIVE DATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the requirements of para-
graph (1) shall take effect 18 months after the
227 
date of enactment of the Cruise Vessel Security 
and Safety Act of 2009. 
‘‘(B) LATCH AND KEY REQUIREMENTS.— 
The requirements of paragraph (1)(C) take ef-
fect on the date of enactment of the Cruise Ves-
sel Security and Safety Act of 2009. 
‘‘(b) VIDEO RECORDING.— 
‘‘(1) REQUIREMENT
TO
MAINTAIN
SURVEIL-
LANCE.—The owner of a vessel to which this section 
applies shall maintain a video surveillance system to 
assist in documenting crimes on the vessel and in 
providing evidence for the prosecution of such 
crimes, as determined by the Secretary. 
‘‘(2) ACCESS TO VIDEO RECORDS.—The owner 
of a vessel to which this section applies shall provide 
to any law enforcement official performing official 
duties in the course and scope of an investigation, 
upon request, a copy of all records of video surveil-
lance that the official believes may provide evidence 
of a crime reported to law enforcement officials. 
‘‘(c) SAFETY INFORMATION.—The owner of a vessel 
to which this section applies shall provide in each pas-
senger stateroom, and post in a location readily accessible 
to all crew and in other places specified by the Secretary, 
information regarding the locations of the United States
228 
embassy and each consulate of the United States for each 
country the vessel will visit during the course of the voy-
age. 
‘‘(d) SEXUAL ASSAULT.—The owner of a vessel to 
which this section applies shall— 
‘‘(1) maintain on the vessel adequate, in-date 
supplies of anti-retroviral medications and other 
medications designed to prevent sexually transmitted 
diseases after a sexual assault; 
‘‘(2) maintain on the vessel equipment and ma-
terials for performing a medical examination in sex-
ual assault cases to evaluate the patient for trauma, 
provide medical care, and preserve relevant medical 
evidence; 
‘‘(3) make available on the vessel at all times 
medical staff who have undergone a credentialing 
process to verify that he or she— 
‘‘(A) possesses a current physician’s or 
registered nurse’s license and— 
‘‘(i) has at least 3 years of post-grad-
uate or post-registration clinical practice in 
general and emergency medicine; or 
‘‘(ii) holds board certification in emer-
gency medicine, family practice medicine, 
or internal medicine;
229 
‘‘(B) is able to provide assistance in the 
event of an alleged sexual assault, has received 
training in conducting forensic sexual assault 
examination, and is able to promptly perform 
such an examination upon request and provide 
proper medical treatment of a victim, including 
administration of anti-retroviral medications 
and other medications that may prevent the 
transmission of human immunodeficiency virus 
and other sexually transmitted diseases; and 
‘‘(C) meets guidelines established by the 
American College of Emergency Physicians re-
lating to the treatment and care of victims of 
sexual assault; 
‘‘(4) prepare, provide to the patient, and main-
tain written documentation of the findings of such 
examination that is signed by the patient; and 
‘‘(5) provide the patient free and immediate ac-
cess to— 
‘‘(A) contact information for local law en-
forcement, the Federal Bureau of Investigation, 
the Coast Guard, the nearest United States 
consulate or embassy, and the National Sexual 
Assault Hotline program or other third party 
victim advocacy hotline service; and
230 
‘‘(B) a private telephone line and Internet- 
accessible computer terminal by which the indi-
vidual may confidentially access law enforce-
ment officials, an attorney, and the information 
and support services available through the Na-
tional Sexual Assault Hotline program or other 
third party victim advocacy hotline service. 
‘‘(e) CONFIDENTIALITY OF SEXUAL ASSAULT EXAM-
INATION AND SUPPORT INFORMATION.—The master or 
other individual in charge of a vessel to which this section 
applies shall— 
‘‘(1) treat all information concerning an exam-
ination under subsection (d) confidential, so that no 
medical information may be released to the cruise 
line or other owner of the vessel or any legal rep-
resentative thereof without the prior knowledge and 
approval in writing of the patient, or, if the patient 
is unable to provide written authorization, the pa-
tient’s next-of-kin, except that nothing in this para-
graph prohibits the release of— 
‘‘(A) information, other than medical find-
ings, necessary for the owner or master of the 
vessel to comply with the provisions of sub-
section (g) or other applicable incident report-
ing laws;
231 
‘‘(B) information to secure the safety of 
passengers or crew on board the vessel; or 
‘‘(C) any information to law enforcement 
officials performing official duties in the course 
and scope of an investigation; and 
‘‘(2) treat any information derived from, or ob-
tained in connection with, post-assault counseling or 
other supportive services confidential, so no such in-
formation may be released to the cruise line or any 
legal representative thereof without the prior knowl-
edge and approval in writing of the patient, or, if 
the patient is unable to provide written authoriza-
tion, the patient’s next-of-kin. 
‘‘(f) CREW ACCESS TO PASSENGER STATEROOMS.— 
The owner of a vessel to which this section applies shall— 
‘‘(1) establish and implement procedures and 
restrictions concerning— 
‘‘(A) which crew members have access to 
passenger staterooms; and 
‘‘(B) the periods during which they have 
that access; and 
‘‘(2) ensure that the procedures and restrictions 
are fully and properly implemented and periodically 
reviewed. 
‘‘(g) LOG BOOK AND REPORTING REQUIREMENTS.—
232 
‘‘(1) IN GENERAL.—The owner of a vessel to 
which this section applies shall— 
‘‘(A) record in a log book, either electroni-
cally or otherwise, in a centralized location 
readily accessible to law enforcement personnel, 
a report on— 
‘‘(i) all complaints of crimes described 
in paragraph (3)(A)(i), 
‘‘(ii) all complaints of theft of prop-
erty valued in excess of $1,000, and 
‘‘(iii) all complaints of other crimes, 
committed on any voyage that embarks or dis-
embarks passengers in the United States; and 
‘‘(B) make such log book available upon 
request to any agent of the Federal Bureau of 
Investigation, any member of the Coast Guard, 
and any law enforcement officer performing of-
ficial duties in the course and scope of an inves-
tigation. 
‘‘(2) DETAILS REQUIRED.—The information re-
corded under paragraph (1) shall include, at a min-
imum— 
‘‘(A) the vessel operator; 
‘‘(B) the name of the cruise line;
233 
‘‘(C) the flag under which the vessel was 
operating at the time the reported incident oc-
curred; 
‘‘(D) the age and gender of the victim and 
the accused assailant; 
‘‘(E) the nature of the alleged crime or 
complaint, as applicable, including whether the 
alleged perpetrator was a passenger or a crew 
member; 
‘‘(F) the vessel’s position at the time of the 
incident, if known, or the position of the vessel 
at the time of the initial report; 
‘‘(G) the time, date, and method of the ini-
tial report and the law enforcement authority to 
which the initial report was made; 
‘‘(H) the time and date the incident oc-
curred, if known; 
‘‘(I) the total number of passengers and 
the total number of crew members on the voy-
age; and 
‘‘(J) the case number or other identifier 
provided by the law enforcement authority to 
which the initial report was made. 
‘‘(3) REQUIREMENT TO REPORT CRIMES AND 
OTHER INFORMATION.—
234 
‘‘(A) IN GENERAL.—The owner of a vessel 
to which this section applies (or the owner’s 
designee)— 
‘‘(i) shall contact the nearest Federal 
Bureau of Investigation Field Office or 
Legal Attache by telephone as soon as pos-
sible after the occurrence on board the ves-
sel of an incident involving homicide, sus-
picious death, a missing United States na-
tional, kidnapping, assault with serious 
bodily injury, any offense to which section 
2241, 2242, 2243, or 2244 (a) or (c) of 
title 18 applies, firing or tampering with 
the vessel, or theft of money or property in 
excess of $10,000 to report the incident; 
‘‘(ii) shall furnish a written report of 
the incident to the Secretary via an Inter-
net based portal; 
‘‘(iii) may report any serious incident 
that does not meet the reporting require-
ments of clause (i) and that does not re-
quire immediate attention by the Federal 
Bureau of Investigation via the Internet 
based portal maintained by the Secretary 
of Transportation; and
235 
‘‘(iv) may report any other criminal 
incident involving passengers or crew mem-
bers, or both, to the proper State or local 
government law enforcement authority. 
‘‘(B) INCIDENTS
TO
WHICH
SUBPARA-
GRAPH (A) APPLIES.—Subparagraph (A) ap-
plies to an incident involving criminal activity 
if— 
‘‘(i) the vessel, regardless of registry, 
is owned, in whole or in part, by a United 
States person, regardless of the nationality 
of the victim or perpetrator, and the inci-
dent occurs when the vessel is within the 
admiralty and maritime jurisdiction of the 
United States and outside the jurisdiction 
of any State; 
‘‘(ii) the incident concerns an offense 
by or against a United States national 
committed outside the jurisdiction of any 
nation; 
‘‘(iii) the incident occurs in the Terri-
torial Sea of the United States, regardless 
of the nationality of the vessel, the victim, 
or the perpetrator; or
236 
‘‘(iv) the incident concerns a victim or 
perpetrator who is a United States na-
tional on a vessel during a voyage that de-
parted from or will arrive at a United 
States port. 
‘‘(4) AVAILABILITY
OF
INCIDENT
DATA
VIA 
INTERNET.— 
‘‘(A) WEBSITE.—The Secretary of Trans-
portation shall maintain a statistical compila-
tion of all incidents described in paragraph 
(3)(A)(i) on an Internet site that provides a nu-
merical accounting of the missing persons and 
alleged crimes recorded in each report filed 
under paragraph (3)(A)(i) that are no longer 
under investigation by the Federal Bureau of 
Investigation. The data shall be updated no less 
frequently than quarterly, aggregated by— 
‘‘(i) cruise line, with each cruise line 
identified by name; and 
‘‘(ii) whether each crime was com-
mitted by a passenger or a crew member. 
‘‘(B) ACCESS TO WEBSITE.—Each cruise 
line taking on or discharging passengers in the 
United States shall include a link on its Inter-
237 
net website to the website maintained by the 
Secretary under subparagraph (A). 
‘‘(h) ENFORCEMENT.— 
‘‘(1) PENALTIES.— 
‘‘(A) CIVIL
PENALTY.—Any person that 
violates this section or a regulation under this 
section shall be liable for a civil penalty of not 
more than $25,000 for each day during which 
the violation continues, except that the max-
imum penalty for a continuing violation is 
$50,000. 
‘‘(B) CRIMINAL
PENALTY.—Any person 
that willfully violates the log book or reporting 
requirements required under subsection (g) 
shall be fined not more than $250,000 or im-
prisoned not more than 1 year, or both. 
‘‘(2) DENIAL OF ENTRY.—The Secretary may 
deny entry into the United States to a vessel to 
which this section applies if the owner of the ves-
sel— 
‘‘(A) commits an act or omission for which 
a penalty may be imposed under this sub-
section; or 
‘‘(B) fails to pay a penalty imposed on the 
owner under this subsection.
238 
‘‘(i) PROCEDURES.—Within 6 months after the date 
of enactment of the Cruise Vessel Security and Safety Act 
of 2009, the Secretary shall issue guidelines, training cur-
ricula, and inspection and certification procedures nec-
essary to carry out the requirements of this section. 
‘‘(j) REGULATIONS.—The Secretary of Transpor-
tation and the Commandant shall each issue such regula-
tions as are necessary to implement this section. 
‘‘(k) APPLICATION.— 
‘‘(1) IN
GENERAL.—This section and section 
3508 apply to a passenger vessel (as defined in sec-
tion 2101(22)) that— 
‘‘(A) is authorized to carry at least 250 
passengers; 
‘‘(B) has onboard sleeping facilities for 
each passenger; 
‘‘(C) is on a voyage that embarks or dis-
embarks passengers in the United States; and 
‘‘(D) is not engaged on a coastwise voyage. 
‘‘(2) FEDERAL AND STATE VESSELS.—This sec-
tion and section 3508 do not apply to a vessel that 
is owned and operated by the United States Govern-
ment or a vessel that is owned and operated by a 
State.
239 
‘‘(l) OWNER DEFINED.—In this section and section 
3508, the term ‘owner’ means the owner, charterer, man-
aging operator, master, or other individual in charge of 
a vessel. 
‘‘§ 3508. Crime scene preservation training for pas-
senger vessel crew members 
‘‘(a) IN GENERAL.—Within 1 year after the date of 
enactment of the Cruise Vessel Security and Safety Act 
of 2009, the Secretary, in consultation with the Director 
of the Federal Bureau of Investigation and the Maritime 
Administrator, shall develop training standards and cur-
ricula to allow for the certification of passenger vessel se-
curity personnel, crew members, and law enforcement offi-
cials on the appropriate methods for prevention, detection, 
evidence preservation, and reporting of criminal activities 
in the international maritime environment. The Adminis-
trator of the Maritime Administration may certify organi-
zations in the United States and abroad that offer the cur-
riculum for training and certification under subsection (c). 
‘‘(b) MINIMUM STANDARDS.—The standards estab-
lished by the Secretary under subsection (a) shall in-
clude— 
‘‘(1) the training and certification of vessel se-
curity personnel, crew members, and law enforce-
ment officials in accordance with accepted law en-
240 
forcement and security guidelines, policies, and pro-
cedures, 
including 
recommendations 
for 
incor-
porating a background check process for personnel 
trained and certified in foreign countries; 
‘‘(2) the training of students and instructors in 
all aspects of prevention, detection, evidence preser-
vation, and reporting of criminal activities in the 
international maritime environment; and 
‘‘(3) the provision or recognition of off-site 
training and certification courses in the United 
States and foreign countries to develop and provide 
the required training and certification described in 
subsection (a) and to enhance security awareness 
and security practices related to the preservation of 
evidence in response to crimes on board passenger 
vessels. 
‘‘(c) CERTIFICATION REQUIREMENT.—Beginning 2 
years after the standards are established under subsection 
(b), no vessel to which this section applies may enter a 
United States port on a voyage (or voyage segment) on 
which a United States citizen is a passenger unless there 
is at least 1 crew member onboard who is certified as hav-
ing successfully completed training in the prevention, de-
tection, evidence preservation, and reporting of criminal
241 
activities in the international maritime environment on 
passenger vessels under subsection (a). 
‘‘(d) INTERIM TRAINING REQUIREMENT.—No vessel 
to which this section applies may enter a United States 
port on a voyage (or voyage segment) on which a United 
States citizen is a passenger unless there is at least 1 crew 
member onboard who has been properly trained in the pre-
vention, detection, evidence preservation and the reporting 
requirements of criminal activities in the international 
maritime environment. The owner of such a vessel shall 
maintain certification or other documentation, as pre-
scribed by the Secretary, verifying the training of such in-
dividual and provide such documentation upon request for 
inspection in connection with enforcement of the provi-
sions of this section. This subsection shall take effect 1 
year after the date of enactment of the Cruise Vessel Safe-
ty and Security Act of 2009 and shall remain in effect 
until superseded by the requirements of subsection (c). 
‘‘(e) CIVIL PENALTY.—Any person that violates this 
section or a regulation under this section shall be liable 
for a civil penalty of not more than $50,000. 
‘‘(f) DENIAL OF ENTRY.—The Secretary may deny 
entry into the United States to a vessel to which this sec-
tion applies if the owner of the vessel—
242 
‘‘(1) commits an act or omission for which a 
penalty may be imposed under subsection (e); or 
‘‘(2) fails to pay a penalty imposed on the 
owner under subsection (e).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for such chapter is amended by adding at the end the fol-
lowing: 
‘‘3507. Passenger vessel security and safety requirements. 
‘‘3508. Crime scene preservation training for passenger vessel crew members.’’. 
SEC. 904. STUDY AND REPORT ON THE SECURITY NEEDS OF 
PASSENGER VESSELS. 
(a) IN GENERAL.—Within 3 months after the date 
of enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating shall conduct a 
study of the security needs of passenger vessels depending 
on number of passengers on the vessels, and report to the 
Congress findings of the study and recommendations for 
improving security on those vessels. 
(b) REPORT CONTENTS.—In recommending appro-
priate security on those vessels, the report shall take into 
account typical crew member shifts, working conditions of 
crew members, and length of voyages.
243 
TITLE X—UNITED STATES 
MARINER PROTECTION 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘United States Mariner 
and Vessel Protection Act of 2009’’. 
SEC. 1002. USE FORCE AGAINST PIRACY. 
(a) IN GENERAL.—Chapter 81 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 8107. Use of force against piracy 
‘‘A person who uses force at sea to defend a vessel 
against an act of piracy shall not be liable for monetary 
damages in any action brought with respect to harm 
caused by such use of force to anyone engaging in such 
act of piracy, unless the person using such force knew at 
the time that it was substantially in excess of what was 
reasonable in defending the vessel against such act of pi-
racy.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following new item: 
‘‘8107. Use of force against piracy.’’. 
SEC. 1003. AGREEMENTS. 
To carry out the purpose of this title, the Secretary 
of the department in which the Coast Guard is operating
244 
shall work through the International Maritime Organiza-
tion to establish agreements to promote coordinated action 
among flag- and port-states to deter, protect against, and 
rapidly respond to acts of piracy against the vessels of, 
and in the waters under the jurisdiction of, those nations, 
and to ensure limitations on liability similar to those es-
tablished by section 8107 of title 46, United States Code, 
as amended by this title. 
TITLE XI—PORT SECURITY 
SEC. 1101. AMERICA’S WATERWAY WATCH PROGRAM. 
(a) SHORT TITLE.— This section may be cited as the 
‘‘America’s Waterway Watch Act’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Homeland Security should es-
tablish, within the Department of Homeland Security, cit-
izen watch programs that promote voluntary reporting of 
suspected terrorist activity and suspicious behavior. 
(c) AMERICA’S WATERWAY WATCH PROGRAM.— 
(1) IN GENERAL.—There is hereby established, 
within the Coast Guard, the America’s Waterway 
Watch Program (hereinafter in this section referred 
to as the ‘‘Program’’). 
(2) PURPOSE.—The Secretary of Homeland Se-
curity, acting through the Commandant of the Coast 
Guard, shall administer the Program in a manner
245 
that promotes voluntary reporting of activities that 
may indicate that a person or persons may be pre-
paring to engage or engaging in a violation of law 
relating to a threat or an act of terrorism (as that 
term is defined in section 3077 of title 18, United 
States Code) against a vessel, facility, port, or wa-
terway. 
(3) INFORMATION; TRAINING.— 
(A) INFORMATION.—The Secretary, acting 
through the Commandant, may establish, as an 
element of the Program, a network of individ-
uals and community-based organizations that 
enhance the situational awareness within the 
Nation’s ports and waterways. Such network 
shall, to the extent practicable, be conducted in 
cooperation with Federal, State, and local law 
enforcement agencies. 
(B) TRAINING.—The Secretary, acting 
through the Commandant, may provide training 
in— 
(i) observing and reporting on covered 
activities; and 
(ii) sharing such reports and coordi-
nating the response by Federal, State, and 
local law enforcement agencies.
246 
(4) INSTRUCTIONAL MATERIALS.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security, acting throgh the Com-
mandant of the Coast Guard, may— 
(i) develop instructional materials 
that— 
(I) provide information on inland 
waterways, ports and harbors, and 
coastal regions for a specific region, 
as well as specific vulnerabilities and 
threats common to a specific region; 
and 
(II) promote voluntary reporting 
of activities that may indicate that a 
person or persons may be preparing 
to engage or engaging in a violation of 
law relating to a threat or an act of 
terrorism (as that term is defined in 
section 3077 of title 18, United States 
Code) against a vessel, facility, port, 
or waterway; and 
(ii) 
distribute 
such 
materials 
to 
States, political subdivisions of the States, 
or non-governmental organization that pro-
vide instruction on boating or vessel oper-
247 
ation in conjunction with any other in-
struction provided. 
(B) DISSEMINATION.—The Secretary, act-
ing throgh the Commandant— 
(i) shall ensure that such materials 
are made available to any person or per-
sons; and 
(ii) is authorized to require, as a con-
dition of receipt of funding or materials, 
pursuant to subparagraph (A), that the re-
cipient of such funding or materials devel-
ops a program to reach the widest possible 
audience. 
(C) ELIGIBILITY, FEDERAL ASSISTANCE.— 
The receipt, use, and dissemination of such ma-
terials shall not diminish the eligibility of any 
State, political subdivision of such State, or 
non-governmental organization to receive Fed-
eral assistance or reduce the amount of Federal 
assistance that such State, political subdivision 
of such State, or non-governmental organization 
that otherwise receive. 
(5) VOLUNTARY PARTICIPATION.—Participation 
in the Program— 
(A) shall be wholly voluntary;
248 
(B) shall not be a prerequisite to eligibility 
for, or receipt of, any other service or assistance 
from, or to participation in, any other program 
of any kind; and 
(C) shall not require disclosure of informa-
tion regarding the individual reporting covered 
activities or, for proprietary purposes, the loca-
tion of such individual. 
(6) DEFINITIONS.—In this subsection: 
(A) The term ‘‘covered activity’’ means any 
suspicious transaction, activity, or occurrence 
that involves, or is directed against, a vessel or 
facility (as that term is defined in section 
70101(2) of title 46, United States Code) indi-
cating that an individual or individuals may be 
preparing to engage, or engaging, in a violation 
of law relating to— 
(i) a threat to a vessel, facility, port, 
or waterway; or 
(ii) an act of terrorism (as that term 
is defined in section 3077 of title 18, 
United States Code). 
(B) The term ‘‘facility’’ has the same 
meaning such term has in section 70101(2) of 
title 46, United States Code.
249 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated for the pur-
poses of this section $3,000,000 for fiscal years 
2010 through 2015. Such funds shall remain avail-
able until expended. 
(d) COORDINATION.— The Secretary shall coordinate 
the Program with other like watch programs. The Sec-
retary shall submit, concurrent with the President’s budg-
et submission for each fiscal year, a report on coordination 
of the Program and like watch programs within the De-
partment of Homeland Security to the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate and the Committee on Homeland Security of the 
House of Representatives. 
SEC. 1102. TRANSPORTATION WORKER IDENTIFICATION 
CREDENTIAL. 
(a) IN GENERAL.—Not later than 120 days after 
completing the pilot program under section 70105(k)(1) 
of title 46, United States Code, to test TWIC access con-
trol technologies at port facilities and vessels nationwide, 
the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on
250 
Homeland Security and Governmental Affairs of the Sen-
ate and to the Comptroller General a report containing 
an assessment of the results of the pilot. The report shall 
include— 
(1) the findings of the pilot program with re-
spect to key technical and operational aspects of im-
plementing TWIC technologies in the maritime sec-
tor; 
(2) a comprehensive listing of the extent to 
which established metrics were achieved during the 
pilot program; and 
(3) an analysis of the viability of those tech-
nologies for use in the maritime environment, includ-
ing any challenges to implementing those tech-
nologies and strategies for mitigating identified chal-
lenges. 
(b) GAO ASSESSMENT.—The Comptroller General 
shall review the report and submit to the Committee on 
Homeland Security and the Committee on Transportation 
and Infrastructure of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of 
the Senate, and the Committee on Homeland Security and 
Governmental Affairs of the Senate an assessment of the 
report’s findings and recommendations.
251 
SEC. 1103. REVIEW OF INTERAGENCY OPERATIONAL CEN-
TERS. 
(a) IN GENERAL.—Within 180 days of enactment of 
this Act, the Department of Homeland Security Inspector 
General shall provide a report to the Committee on Home-
land Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committees on Homeland Security and Governmental Af-
fairs and Commerce, Science, and Transportation of the 
Senate concerning the establishment of Interagency Oper-
ational Centers for Port Security required by section 108 
of the SAFE Port Act (Public Law 109–347). 
(b) REPORT.—The report shall include— 
(1) an examination of the Department’s efforts 
to establish the Interagency Operational Centers; 
(2) a timeline for construction; 
(3) a detailed breakdown, by center, as to the 
incorporation of those representatives required by 
section 70107A(b)(3) of title 46, United States 
Code; 
(4) an analysis of the hurdles faced by the De-
partment in developing these centers; 
(5) information on the number of security clear-
ances attained by State, local, and tribal officials 
participating in the program; and
252 
(6) an examination of the relationship between 
the Interagency Operational Centers and State, 
local, and regional fusion centers participating in the 
Department of Homeland Security’s State, Local, 
and Regional Fusion Center Initiative under section 
511 of the Implementing the Recommendations of 
the 9/11 Commission Act of 2007 (Public Law 110– 
53), with a particular emphasis on— 
(A) how the centers collaborate and coordi-
nate their efforts; 
(B) the resources allocated by the Coast 
Guard to both initiatives; and 
(C) architecture for integrated interagency 
targeting. 
SEC. 1104. MARITIME SECURITY RESPONSE TEAMS. 
(a) IN GENERAL.—Section 70106 of title 46, United 
States Code, is amended by striking subsection (c) and 
inserting the following: 
‘‘(c) MARITIME SECURITY RESPONSE TEAMS.— 
‘‘(1) IN GENERAL.—In addition to the maritime 
safety and security teams, the Secretary shall estab-
lish no less than two maritime security response 
teams to act as the Coast Guard’s rapidly deployable 
counterterrorism and law enforcement response
253 
units that can apply advanced interdiction skills in 
response to threats of maritime terrorism. 
‘‘(2) MINIMIZATION OF RESPONSE TIME.—The 
maritime security response teams shall be stationed 
in such a way to minimize, to the extent practicable, 
the response time to any reported maritime terrorist 
threat. 
‘‘(d) COORDINATION WITH OTHER AGENCIES.—To 
the maximum extent feasible, each maritime safety and 
security team and maritime security response team shall 
coordinate its activities with other Federal, State, and 
local law enforcement and emergency response agencies.’’. 
SEC. 1105. COAST GUARD DETECTION CANINE TEAM PRO-
GRAM EXPANSION. 
(a) DEFINITIONS.—For purposes of this section: 
(1) CANINE DETECTION TEAM.—The term ‘‘de-
tection canine team’’ means a canine and a canine 
handler that are trained to detect narcotics or explo-
sives, or other threats as defined by the Secretary. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(b) DETECTION CANINE TEAMS.— 
(1) INCREASED CAPACITY.—Not later than 240 
days after the date of enactment of this Act, the 
Secretary shall—
254 
(A) begin to increase the number of detec-
tion canine teams certified by the Coast Guard 
for the purposes of maritime-related security by 
no fewer than 10 canine teams annually 
through fiscal year 2012; and 
(B) encourage owners and operators of 
port facilities, passenger cruise liners, ocean-
going cargo vessels, and other vessels identified 
by the Secretary to strengthen security through 
the use of highly trained detection canine 
teams. 
(2) CANINE
PROCUREMENT.—The Secretary, 
acting through the Commandant of the Coast 
Guard, shall— 
(A) procure detection canine teams as effi-
ciently as possible, including, to the greatest ex-
tent possible, through increased domestic breed-
ing, while meeting the performance needs and 
criteria established by the Commandant; 
(B) support expansion and upgrading of 
existing canine training facilities operated by 
the Department of Homeland Security; and 
(C) as appropriate, partner with other 
Federal, State, or local agencies, nonprofit or-
ganizations, universities, or the private sector to
255 
increase the breeding and training capacity for 
Coast Guard canine detection teams. 
(c) DEPLOYMENT.—The Secretary shall prioritize de-
ployment of the additional canine teams to ports based 
on risk, consistent with the Security and Accountability 
For Every Port Act of 2006 (Public Law 109–347). 
(d) AUTHORIZATION.—There are authorized to be ap-
propriated to the Secretary such sums as may be nec-
essary to carry out this section for fiscal years 2010 
through 2012. 
SEC. 1106. COAST GUARD PORT ASSISTANCE PROGRAM. 
(a) IN GENERAL.—Section 70110 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary may lend, 
lease, donate, or otherwise provide equipment, and 
provide technical training and support, to the owner 
or operator of a foreign port or facility— 
‘‘(A) to assist in bringing the port or facil-
ity into compliance with applicable International 
Ship and Port Facility Code standards; 
‘‘(B) to assist the port or facility in meet-
ing standards established under section 70109A 
of this chapter; and
256 
‘‘(C) to assist the port or facility in exceed-
ing the standards described in subparagraphs 
(A) and (B). 
‘‘(2) CONDITIONS.—The Secretary— 
‘‘(A) shall provide such assistance based 
upon an assessment of the risks to the security 
of the United States and the inability of the 
owner or operator of the port or facility other-
wise to bring the port or facility into compli-
ance with those standards and to maintain com-
pliance with them; 
‘‘(B) may not provide such assistance un-
less the port or facility has been subjected to a 
comprehensive port security assessment by the 
Coast Guard or a third party entity certified by 
the Secretary under section 70110A(b) to vali-
date foreign port or facility compliance with 
International Ship and Port Facility Code 
standards; and 
‘‘(C) may only lend, lease, or otherwise 
provide equipment that the Secretary has first 
determined is not required by the Coast Guard 
for the performance of its missions.’’. 
(b) SAFETY AND SECURITY ASSISTANCE FOR FOR-
EIGN PORTS.—
257 
(1) IN GENERAL.—Section 70110(e)(1) of title 
46, United States Code, is amended by striking the 
second sentence and inserting the following: ‘‘The 
Secretary shall establish a strategic plan to utilize 
those assistance programs to assist ports and facili-
ties that are found by the Secretary under sub-
section (a) not to maintain effective antiterrorism 
measures in the implementation of port security 
antiterrorism measures.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 70110 of title 46, United 
States Code, is amended— 
(i) by inserting ‘‘or facilities’’ after 
‘‘ports’’ in the section heading; 
(ii) by inserting ‘‘or facility’’ after 
‘‘port’’ each place it appears; and 
(iii) by striking ‘‘PORTS’’ in the head-
ing for subsection (e) and inserting 
‘‘PORTS, FACILITIES,’’. 
(B) The chapter analysis for chapter 701 
of title 46, United States Code, is amended by 
striking the item relating to section 70110 and 
inserting the following: 
‘‘70110. Actions and assistance for foreign ports or facilities and United States 
territories.’’.
258 
SEC. 1107. MARITIME BIOMETRIC IDENTIFICATION. 
(a) IN GENERAL.—Within one year after the date of 
the enactment of this Act, the Secretary of Homeland Se-
curity, acting through the Commandant of the Coast 
Guard, shall conduct, in the maritime environment, a pro-
gram for the mobile biometric identification of suspected 
individuals, including terrorists, to enhance border secu-
rity and for other purposes. 
(b) REQUIREMENTS.—The Secretary shall ensure the 
program required in this section is coordinated with other 
biometric identification programs within the Department 
of Homeland Security. 
(c) COST ANALYSIS.—Within 90 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committees on Appropriations and Homeland Secu-
rity of the House of Representatives and the Committees 
on Appropriations and Homeland Security and Govern-
mental Affairs of the Senate an analysis of the cost of 
expanding the Coast Guard’s biometric identification ca-
pabilities for use by the Coast Guards Deployable Oper-
ations Group, cutters, stations, and other deployable mari-
time teams considered appropriate by the Secretary, and 
any other appropriate Department of Homeland Security 
maritime vessels and units. The analysis may include a 
tiered plan for the deployment of this program that gives 
priority to vessels and units more likely to encounter indi-
259 
viduals suspected of making illegal border crossings 
through the maritime environment. 
(d) DEFINITION.—For the purposes of this section, 
the term ‘‘biometric identification’’ means use of finger-
print and digital photography images and facial and iris 
scan technology. 
(e) STUDY ON COMBINATION OF FACIAL AND IRIS 
RECOGNITION.— 
(1) STUDY
REQUIRED.—The Secretary of 
Homeland Security shall carry out a study on the 
use by the Coast Guard of the combination of facial 
and iris recognition to rapidly identify individuals 
for security purposes. Such study shall focus on— 
(A) increased accuracy of facial recogni-
tion; 
(B) enhancement of existing iris recogni-
tion technology; and 
(C) establishment of integrated face and 
iris features for accurate identification of indi-
viduals. 
(2) PURPOSE OF STUDY.—The purpose of the 
study required by paragraph (1) is to facilitate the 
use of a combination of facial and iris recognition to 
provide a higher probability of success in identifica-
tion than either approach on its own and to achieve
260 
transformational advances in the flexibility, authen-
ticity, and overall capability of integrated biometric 
detectors and satisfy one of major issues with war 
against terrorists. The operational goal of the study 
should be to provide the capability to nonintrusively 
collect biometrics (face image, iris) in an accurate 
and expeditious manner to assist the Coast Guard in 
fulfilling its mission to protect and support national 
security. 
SEC. 1108. REVIEW OF POTENTIAL THREATS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to the Committee on Homeland Security and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report ana-
lyzing the threat, vulnerability, and consequence of a ter-
rorist attack on gasoline and chemical cargo shipments in 
port activity areas in the United States. 
SEC. 1109. PORT SECURITY PILOT. 
The Secretary of Homeland Security shall establish 
a pilot program to test and deploy preventive radiological 
or nuclear detection equipment on Coast Guard vessels 
and other locations in select port regions to enhance bor-
der security and for other purposes. The pilot program
261 
shall leverage existing Federal grant funding to support 
this program and the procurement of additional equip-
ment. 
SEC. 1110. SEASONAL WORKERS. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study on the effects that the Trans-
portation Worker Identification Credential (in this section 
referred to as ‘‘TWIC’’) required by section 70105 of title 
46, United States Code, has on companies that employ 
seasonal employees. 
(b) REPORT.—Not later than one year after the date 
of enactment of this Act, the Comptroller General shall 
submit a report to the Committee on Homeland Security 
and the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate on 
the results of the study, including— 
(1) costs associated in requiring seasonal em-
ployees to obtain TWIC cards on companies; 
(2) whether the Coast Guard and Transpor-
tation Security Administration are processing TWIC 
applications quickly enough for seasonal workers to 
obtain TWIC certification; 
(3) whether TWIC compliance costs or other 
factors have led to a reduction in service;
262 
(4) the impact of TWIC on the recruiting and 
hiring of seasonal and other temporary employees; 
and 
(5) an assessment of possible alternatives to 
TWIC certification that may be used for seasonal 
employees including any security vulnerabilities cre-
ated by those alternatives. 
SEC. 1111. PILOT PROGRAM FOR FINGERPRINTING OF MAR-
ITIME WORKERS. 
(a) IN GENERAL.—Within 180 days after the date 
of enactment of this Act, the Secretary of Homeland Secu-
rity shall establish procedures providing for an individual 
who is required to be fingerprinted for purposes of obtain-
ing a transportation security card under section 70105 of 
title 46, United States Code, to be fingerprinted at any 
facility operated by or under contract with an agency of 
the Department of Homeland Security that fingerprints 
the public for the Department. 
(b) EXPIRATION.—This section expires on December 
31, 2012. 
SEC. 1112. TRANSPORTATION SECURITY CARDS ON VES-
SELS. 
Section 70105(b)(2) of title 46, United States Code, 
is amended—
263 
(1) in subparagraph (B), by inserting after 
‘‘title’’ the following: ‘‘allowed unescorted access to 
a secure area designated in a vessel security plan ap-
proved under section 70103 of this title’’; and 
(2) in subparagraph (D), by inserting after 
‘‘tank vessel’’ the following: ‘‘allowed unescorted ac-
cess to a secure area designated in a vessel security 
plan approved under section 70103 of this title’’. 
SEC. 1113. INTERNATIONAL LABOR STUDY. 
The Comptroller General of the United States shall 
conduct a study of methods to conduct a background secu-
rity investigation of an individual who possesses a biomet-
ric identification card that complies with International 
Labor Convention number 185 that are equivalent to the 
investigation conducted on individuals applying for a visa 
to enter the United States. The Comptroller General shall 
submit a report on the study within 180 days after the 
date of enactment of this Act to the Committee on Trans-
portation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate. 
SEC. 1114. MARITIME SECURITY ADVISORY COMMITTEES. 
Section 70112 of title 46, United States Code, is 
amended—
264 
(1) by amending subsection (b)(5) to read as 
follows: 
‘‘(5)(A) The National Maritime Security Advisory 
Committee shall be composed of— 
‘‘(i) at least 1 individual who represents the in-
terests of the port authorities; 
‘‘(ii) at least 1 individual who represents the in-
terests of the facilities owners or operators; 
‘‘(iii) at least 1 individual who represents the 
interests of the terminal owners or operators; 
‘‘(iv) at least 1 individual who represents the 
interests of the vessel owners or operators; 
‘‘(v) at least 1 individual who represents the in-
terests of the maritime labor organizations; 
‘‘(vi) at least 1 individual who represents the 
interests of the academic community; 
‘‘(vii) at least 1 individual who represents the 
interests of State or local governments; and 
‘‘(viii) at least 1 individual who represents the 
interests of the maritime industry. 
‘‘(B) Each Area Maritime Security Advisory Com-
mittee shall be composed of individuals who represents the 
interests of the port industry, terminal operators, port 
labor organizations, and other users of the port areas.’’; 
and
265 
(2) in subsection (g)— 
(A) in paragraph (1)(A), by striking 
‘‘2008;’’ and inserting ‘‘2010;’’; 
(B) by repealing paragraph (2); 
(C) by striking ‘‘(1)’’; and 
(D) by redesignating subparagraphs (A) 
and (B) as paragraphs (1) and (2). 
SEC. 1115. SEAMEN’S SHORESIDE ACCESS. 
Each facility security plan approved under section 
70103(c) of title 46, United States Code, shall provide a 
system for seamen assigned to a vessel at that facility, 
pilots, and representatives of seamen’s welfare and labor 
organizations to board and depart the vessel through the 
facility in a timely manner at no cost to the individual. 
SEC. 1116. WATERSIDE SECURITY OF CERTAIN DANGEROUS 
CARGO. 
(a) NATIONAL STUDY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, acting through the Commandant of the 
Coast Guard, shall— 
(A) initiate a national study to identify 
measures to improve the security of maritime 
transportation of certain dangerous cargo; and 
(B) coordinate with other Federal agen-
cies, the National Maritime Security Advisory
266 
Committee, and appropriate State and local 
government officials through the Area Maritime 
Security Committees and other existing coordi-
nating committees, to evaluate the waterside se-
curity of vessels carrying, and waterfront facili-
ties handling, certain dangerous cargo. 
(2) MATTERS
TO
BE
INCLUDED.—The study 
conducted under this subsection shall include— 
(A) an analysis of existing risk assessment 
information relating to waterside security gen-
erated by the Coast Guard and Area Maritime 
Security Committees as part of the Maritime 
Security Risk Assessment Model; 
(B) a review and analysis of appropriate 
roles and responsibilities of maritime stake-
holders, including Federal, State, and local law 
enforcement and industry security personnel, 
responsible for waterside security of vessels car-
rying, and waterfront facilities handling, certain 
dangerous cargo, including— 
(i) the number of ports in which State 
and local law enforcement entities are pro-
viding any services to enforce Coast 
Guard-imposed security zones around ves-
sels transiting to, through, or from United
267 
States ports or to conduct security patrols 
in United States ports; 
(ii) the number of formal agreements 
entered into between the Coast Guard and 
State and local law enforcement entities to 
engage State and local law enforcement en-
tities in the enforcement of Coast Guard- 
imposed security zones around vessels 
transiting to, through, or from United 
States ports or the conduct of port security 
patrols in United States ports, the dura-
tion of those agreements, and the aid that 
State and local entities are engaged to pro-
vide through such agreements; 
(iii) the extent to which the Coast 
Guard has set national standards for train-
ing, equipment, and resources to ensure 
that State and local law enforcement enti-
ties engaged in enforcing Coast Guard-im-
posed 
security 
zones 
around 
vessels 
transiting to, through, or from United 
States ports or in conducting port security 
patrols in United States ports (or both) 
can deter to the maximum extent prac-
ticable a transportation security incident;
268 
(iv) the extent to which the Coast 
Guard has assessed the ability of State 
and local law enforcement entities to carry 
out the security assignments that they 
have been engaged to perform, including 
their ability to meet any national stand-
ards for training, equipment, and resources 
that have been established by the Coast 
Guard in order to ensure that those enti-
ties can deter to the maximum extent prac-
ticable a transportation security incident; 
(v) the extent to which State and local 
law enforcement entities are able to meet 
national standards for training, equipment, 
and resources established by the Coast 
Guard to ensure that those entities can 
deter to the maximum extent practicable a 
transportation security incident; 
(vi) the differences in law enforcement 
authority, and particularly boarding au-
thority, between the Coast Guard and 
State and local law enforcement entities, 
and the impact that these differences have 
on the ability of State and local law en-
forcement entities to provide the same level
269 
of security that the Coast Guard provides 
during the enforcement of Coast Guard-im-
posed security zones and the conduct of se-
curity patrols in United States ports; and 
(vii) the extent of resource, training, 
and equipment differences between State 
and local law enforcement entities and the 
Coast Guard units engaged in enforcing 
Coast 
Guard-imposed 
security 
zones 
around vessels transiting to, through, or 
from United States ports or conducting se-
curity patrols in United States ports; 
(C) recommendations for risk-based secu-
rity measures to improve waterside security of 
vessels carrying, and waterfront facilities han-
dling, certain dangerous cargo; and 
(D) identification of security funding alter-
natives, including an analysis of the potential 
for cost-sharing by the public and private sec-
tors as well as any challenges associated with 
such cost-sharing. 
(3) INFORMATION
PROTECTION.—In carrying 
out the coordination necessary to effectively com-
plete the study, the Commandant shall implement 
measures to ensure the protection of any sensitive
270 
security information, proprietary information, or 
classified information collected, reviewed, or shared 
during collaborative engagement with maritime 
stakeholders and other Government entities, except 
that nothing in this paragraph shall constitute au-
thority to withhold information from— 
(A) the Congress; or 
(B) first responders requiring such infor-
mation for the protection of life or property. 
(4) REPORT.—Not later than 12 months after 
the date of enactment of this Act, the Secretary, act-
ing through the Commandant, shall submit to the 
Committees on Homeland Security and Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committees on Commerce, Science, 
and Transportation and Homeland Security and 
Governmental Affairs of the Senate a report on the 
results of the study under this subsection. 
(b) NATIONAL STRATEGY.—Not later than 6 months 
after submission of the report required by subsection (a), 
the Secretary, acting through the Commandant, shall de-
velop, in conjunction with appropriate Federal agencies, 
a national strategy for the waterside security of vessels 
carrying, and waterfront facilities handling, certain dan-
271 
gerous cargo. The strategy shall utilize the results of the 
study required by subsection (a). 
(c) SECURITY OF CERTAIN DANGEROUS CARGO.— 
(1) ENFORCEMENT OF SECURITY ZONES.—Con-
sistent with other provisions of Federal law, the 
Coast Guard shall coordinate and be responsible for 
the enforcement of any Federal security zone estab-
lished by the Coast Guard around a vessel con-
taining certain dangerous cargo. The Coast Guard 
shall allocate available resources so as to deter and 
respond to a transportation security incident, to the 
maximum extent practicable, and to protect lives or 
protect property in danger. 
(2) LIMITATION ON RELIANCE ON STATE AND 
LOCAL
GOVERNMENT.—Any security arrangement 
approved after the date of enactment of this Act to 
assist in the enforcement of any security zone estab-
lished by the Coast Guard around a vessel carrying 
a certain dangerous cargo or around a waterfront fa-
cility handling a certain dangerous cargo may not be 
based upon the provision of security by a State or 
local government unless the Secretary, acting 
through the Commandant of the Coast Guard, en-
sures that the waterborne patrols operated as part 
of that security arrangement by a State or local gov-
272 
ernment have the training, resources, personnel, and 
experience necessary to carry out the security re-
sponsibilities that they have been engaged to per-
form in order, to the maximum extent practicable, to 
deter and respond to a transportation security inci-
dent. 
(3) DETERMINATION REQUIRED FOR NEW FA-
CILITIES.—The Secretary of Homeland Security, 
acting through the Commandant of the Coast 
Guard, may not approve a facility security plan 
under section 70103 of title 46, United States Code, 
for a new facility the construction of which is begun 
after the date of enactment of this Act, that receives 
or ships through maritime commerce certain dan-
gerous cargo unless the Secretary determines that 
there are sufficient resources available to ensure 
compliance with the facility security plan. 
(4) RESOURCE DEFICIENCY REPORTING.—The 
Secretary, acting through the Commandant of the 
Coast Guard, shall provide to the Committees on 
Homeland Security and Transportation and Infra-
structure of the House of Representatives and the 
Committees on Commerce, Science, and Transpor-
tation and Homeland Security and Governmental
273 
Affairs of the Senate 90 days after the end of each 
fiscal year a report indicating— 
(A) the number of security zones estab-
lished for certain dangerous cargo shipments; 
(B) the number of certain dangerous cargo 
shipments provided a waterborne security es-
cort, subdivided by Federal, State, local, or pri-
vate security; and 
(C) an assessment as to any additional ves-
sels, personnel, infrastructure, and other re-
sources necessary to provide waterborne escorts 
to those certain dangerous cargo shipments for 
which a security zone is established. 
(d) DEFINITIONS.—For the purposes of this section, 
the follow definitions apply: 
(1) CERTAIN
DANGEROUS
CARGO.—The term 
‘‘certain dangerous cargo’’ means a material, or a 
group or class of material, in a particular amount 
and form that the Secretary, though the Com-
mandant, determines by regulation poses a signifi-
cant risk of creating a transportation security inci-
dent while being transported in maritime commerce. 
(2) AREA MARITIME SECURITY COMMITTEE.— 
The term ‘‘Area Maritime Security Committee’’ 
means each of those committees responsible for pro-
274 
ducing Area Maritime Transportation Security Plans 
under chapter 701 of title 46, United States Code. 
(3) TRANSPORTATION
SECURITY
INCIDENT.— 
The term ‘‘transportation security incident’’ has the 
same meaning as that term has in section 70101 of 
title 46, United States Code. 
SEC. 1117. REVIEW OF LIQUEFIED NATURAL GAS FACILI-
TIES. 
(a) NOTICE OF RECOMMENDATION.—Consistent with 
other provisions of law, the Secretary of Homeland Secu-
rity must notify the Federal Energy Regulatory Commis-
sion when a recommendation is made that the waterway 
to a proposed waterside liquefied natural gas facility is 
suitable or unsuitable for the marine traffic associated 
with such facility. 
(b) FEDERAL ENERGY REGULATORY COMMISSION 
RESPONSE.—The Federal Energy Regulatory Commission 
shall respond to the Secretary’s recommendation under 
subsection (a) by informing the Secretary within 90 days 
of notification or at the conclusion of any available appeal 
process, whichever is later, of what action the Commission 
has taken, pursuant to its authorities under the Natural 
Gas Act, regarding a proposal to construct and operate 
a waterside liquefied natural gas facility subject to a deter-
mination made under subsection (a).
275 
SEC. 1118. USE OF SECONDARY AUTHENTICATION FOR 
TRANSPORTATION SECURITY CARDS. 
The Secretary of Homeland Security may use a sec-
ondary authentication system for individuals applying for 
transportation security cards when fingerprints are not 
able to be taken or read to enhance transportation secu-
rity. 
SEC. 1119. ASSESSMENT OF TRANSPORTATION SECURITY 
CARD ENROLLMENT SITES. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall prepare an assessment of the enroll-
ment sites for transportation security cards issued under 
section 70105 of title 46, United States Code, including— 
(1) the feasibility of keeping those enrollment 
sites open after the date of enactment of this Act; 
and 
(2) the quality of customer service, including 
the periods of time individuals are kept on hold on 
the telephone, whether appointments are kept, and 
processing times for applications. 
(b) TIMELINES AND BENCHMARKS.—The Secretary 
shall develop timelines and benchmarks for implementing 
the findings of the assessment as the Secretary deems nec-
essary.
276 
SEC. 1120. ASSESSMENT OF THE FEASIBILITY OF EFFORTS 
TO MITIGATE THE THREAT OF SMALL BOAT 
ATTACK IN MAJOR PORTS. 
The Secretary of the department in which the Coast 
Guard is operating shall assess and report to Congress 
on the feasibility of efforts to mitigate the threat of small 
boat attack in security zones of major ports, including spe-
cifically the use of transponders or radio frequency identi-
fication devices to track small boats. 
SEC. 1121. REPORT AND RECOMMENDATION FOR UNIFORM 
SECURITY BACKGROUND CHECKS. 
Not later than one year after the date of enactment 
of this Act, the Comptroller General shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives a report that contains— 
(1) a review of background checks and forms of 
identification required under State and local trans-
portation security programs; 
(2) a determination as to whether the back-
ground checks and forms of identification required 
under such programs duplicate or conflict with Fed-
eral programs; and 
(3) recommendations on limiting the number of 
background checks and forms of identification re-
quired under such programs to reduce or eliminate 
duplication with Federal programs.
277 
SEC. 1122. ANIMAL-PROPELLED VESSELS. 
Notwithstanding section 70105 of title 46, United 
States Code, the Secretary shall not require an individual 
to hold a transportation security card, or be accompanied 
by another individual who holds such a card if— 
(1) the individual has been issued a license, cer-
tificate of registry, or merchant mariner’s document 
under part E of subtitle II of title 46, United States 
Code; 
(2) the individual is not allowed unescorted ac-
cess to a secure area designated in a vessel or facil-
ity security plan approved by the Secretary; and 
(3) the individual is engaged in the operation of 
a live animal-propelled vessel. 
SEC. 1123. REQUIREMENTS FOR ISSUANCE OF TRANSPOR-
TATION SECURITY CARDS; ACCESS PENDING 
ISSUANCE; 
REDUNDANT 
BACKGROUND 
CHECKS. 
Section 70105 of title 46, United States Code, is 
amended by adding at the end the following new sub-
sections: 
‘‘(n) ESCORTING.—The Secretary shall coordinate 
with owners and operators subject to this section to allow 
any individual who has a pending application for a trans-
portation security card under this section or is waiting for 
reissuance of such card, including any individual whose
278 
card has been lost or stolen, and who needs to perform 
work in a secure or restricted area to have access to such 
area for that purpose through escorting of such individual 
in accordance with subsection (a)(1)(B) by another indi-
vidual who holds a transportation security card. 
‘‘(o) PROCESSING TIME.—The Secretary shall review 
an initial transportation security card application and re-
spond to the applicant, as appropriate, including the mail-
ing of an Initial Determination of Threat Assessment let-
ter, within 30 days after receipt of the initial application. 
The Secretary shall, to the greatest extent practicable, re-
view appeal and waiver requests submitted by a transpor-
tation security card applicant, and send a written decision 
or request for additional information required for the ap-
peal or waiver determination, within 30 days after receipt 
of the applicant’s appeal or waiver written request. For 
an applicant that is required to submit additional informa-
tion for an appeal or waiver determination, the Secretary 
shall send a written decision, to the greatest extent prac-
ticable, within 30 days after receipt of all requested infor-
mation. 
‘‘(p) RECEIPT OF CARDS.—Within 180 days after the 
date of enactment of the Transportation Security Admin-
istration Authorization Act, the Secretary shall develop a 
process to permit an individual approved for a transpor-
279 
tation security card under this section to receive the card 
at the individual’s place of residence. 
‘‘(q) FINGERPRINTING.—The Secretary shall estab-
lish procedures providing for an individual who is required 
to be fingerprinted for purposes of this section to be 
fingerprinted at facilities operated by or under contract 
with an agency of the Department of the Secretary that 
engages in fingerprinting the public for transportation se-
curity or other security purposes. 
‘‘(r) REDUNDANT BACKGROUND CHECKS.—The Sec-
retary shall prohibit a State or political subdivision thereof 
from requiring a separate security background check for 
any purpose for which a transportation security card is 
issued under this section. The Secretary may waive the 
application of this subsection with respect to a State or 
political subdivision thereof if the State or political sub-
division demonstrates a compelling homeland security rea-
son that a separate security background check is nec-
essary.’’. 
SEC. 1124. HARMONIZING SECURITY CARD EXPIRATIONS. 
Section 70105(b) of title 46, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(6) The Secretary may extend for up to one year 
the expiration of a biometric transportation security card
280 
required by this section to align the expiration with the 
expiration of a license, certificate of registry, or merchant 
mariner document required under chapter 71 or 73.’’. 
SEC. 1125. ADMINISTRATION OF MARITIME SECURITY. 
(a) ESTABLISH MARITIME SECURITY AS A COAST 
GUARD FUNCTION.—Chapter 5 of title 14, United States 
Code, is further amended by adding at the end the fol-
lowing new section: 
‘‘§ 103. Maritime security 
‘‘To protect life, property, and the environment on, 
under, and over waters subject to the jurisdiction of the 
United States and on vessels subject to the jurisdiction 
of the United States, the Commandant shall promote mar-
itime security as follows: 
‘‘(1) By taking actions necessary in the public 
interest to protect such life, property, and the envi-
ronment. 
‘‘(2) Based on priorities established by the 
Commandant including— 
‘‘(A) protecting maritime borders from all 
intrusions, reducing the risk from terrorism to 
United States passengers at foreign and domes-
tic ports and in designated waterfront facilities, 
and preventing and responding to terrorist at-
tacks and other homeland security threats;
281 
‘‘(B) protecting critical maritime infra-
structure and other key resources; and 
‘‘(C) preventing, to the maximum extent 
practicable, a transportation security incident 
as defined in section 70101 of title 46.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is further amended by adding at 
the end the following new item: 
‘‘Sec. 103. Maritime security.’’. 
(c) MARITIME SECURITY STAFF.— 
(1) IN GENERAL.—Chapter 3 of title 14, United 
States Code, is further amended by adding at the 
end the following new sections: 
‘‘§ 60. Maritime security workforce 
‘‘(a) DESIGNATION OF MARITIME SECURITY WORK-
FORCE.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Commandant, shall ensure appropriate 
coverage of maritime security missions within the 
workforce in each sector. 
‘‘(2) REQUIRED POSITIONS.—In designating po-
sitions under paragraph (1), the Secretary shall in-
clude the following maritime security-related posi-
tions: 
‘‘(A) Program oversight. 
‘‘(B) Counterterrorism functions.
282 
‘‘(C) Counterintelligence functions. 
‘‘(D) Criminal investigations related to 
maritime security. 
‘‘(E) Port security enforcement. 
‘‘(F) Any other activities that the Com-
mandant deems as necessary. 
‘‘(3) MARITIME
SECURITY
MANAGEMENT
AC-
TIVITIES.—The Secretary shall also designate under 
paragraph (1) those maritime security-related man-
agement positions located at Coast Guard head-
quarters, Coast Guard Readiness Command, Coast 
Guard Operations Command, the Deployable Oper-
ations Group, and the Intelligence Coordination Cen-
ter. 
‘‘(b) 
CAREER
PATHS.—The 
Secretary, 
acting 
through the Commandant, may establish appropriate ca-
reer paths for civilian and military Coast Guard personnel 
who wish to pursue careers in maritime security are identi-
fied in terms of the education, training, experience, and 
assignments necessary for career progression of civilians 
and member of the Armed Forces to the most senior mari-
time security positions. The Secretary shall make available 
published information on such career paths. 
‘‘(c) BALANCED WORKFORCE POLICY.—In the devel-
opment of maritime security workforce policies under this
283 
section with respect to any civilian employees or applicants 
for employment with the Coast Guard, the Secretary shall, 
consistent with the merit system principles set out in para-
graphs (1) and (2) of section 2301(b) of title 5, take into 
consideration the need to maintain a balance workforce 
in which women and members of racial and ethnic minor-
ity groups are appropriately represented in Government 
service. 
‘‘(d) SECTOR CHIEF OF MARITIME SECURITY.— 
‘‘(1) IN GENERAL.—The Commandant may as-
sign, as appropriate, a Chief of Maritime Security 
who shall be at least a Lieutenant Commander or ci-
vilian employee within the grade GS–13 of the Gen-
eral Schedule in each Coast Guard sector. 
‘‘(2) FUNCTIONS.—The Chief of Maritime Se-
curity for a sector— 
‘‘(A) is responsible for all individuals who, 
on behalf of the Coast Guard, conduct port se-
curity operations, counterterrorism operations, 
intelligence and counterintelligence operations, 
and support national defense operations; and 
‘‘(B) if not the Coast Guard officer in 
command of that sector, is the principal advisor 
to the Sector Commander regarding maritime 
security matters in that sector.
284 
‘‘(f) SIGNATORIES OF LETTER OF QUALIFICATION.— 
Each individual signing a letter of qualification for mari-
time security personnel must hold a letter of qualification 
for the type being certified. 
‘‘§ 61. Centers of expertise for maritime security 
‘‘(a) ESTABLISHMENT.—The Commandant may es-
tablish and operate one or more centers of Maritime Secu-
rity (in this section referred to as a ‘Center’). 
‘‘(b) MISSIONS.—The Centers shall— 
‘‘(1) be used to facility education, training, and 
research in maritime security including maritime do-
main awareness, counterterrorism policy and oper-
ations, and intelligence collection, fusion, and dis-
semination; 
‘‘(2) develop a repository on information on 
maritime security; and 
‘‘(3) perform any other function as the Com-
mandant may specify. 
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTI-
TUTION 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
285 
‘‘(2) provide necessary administrative service 
for a Center, including administration and allocation 
of funds. 
‘‘(d) ACCEPTANCE OF DONATIONS.— 
‘‘(1) IN GENERAL.—The Commandant may ac-
cept, on behalf of a center, donations to be used to 
defray the costs of the Center or to enhance the op-
eration of the Center. 
‘‘(2) GUIDANCE.—The Commandant shall pre-
scribe written guidance setting forth the criteria to 
be used in determining if the acceptance of a dona-
tion is appropriate.’’. 
(2) CLERICAL AMENDMENT.—The analysis at 
the beginning of such chapter is further amended by 
adding at the end the following new items: 
‘‘Sec. 60. Maritime security workforce. 
‘‘Sec. 61. Centers of expertise for maritime security.’’. 
(d) POWERS AND DUTIES.—Section 93 of title 14, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(e) In exercising the Commandant’s duties and re-
sponsibilities with regard to maritime security, the Com-
mandant shall designate a flag officer to serve as the prin-
cipal advisor to the Commandant for maritime security. 
The designee shall have at least 10 years combined experi-
ence in operations, intelligence, counterterrorism, counter-
286 
intelligence, port security, criminal investigations (except 
maritime casualty investigations), and port security or 
other maritime security functions, and at least four years 
of leadership experience at a staff or unit carrying out 
maritime security functions.’’. 
SEC. 1126. FRESNEL LENS IN THE PRESQUE ISLE LIGHT 
HOUSE IN PRESQUE ISLE, MICHIGAN. 
The Commandant of the Coast Guard shall conduct 
a study and analysis of the feasibility of the restoring the 
Fresnel Lens in the Presque Isle Light House in Presque 
Isle, Michigan to operating condition to meet the safety 
needs of commerce and submit within 180 days the report 
to the Transportation and Infrastructure Committee after 
the date of enactment of this Act. 
TITLE XII—ALIEN SMUGGLING 
SEC. 1201. SHORT TITLE. 
This title may be cited as the ‘‘Alien Smuggling and 
Terrorism Prevention Act of 2009’’. 
SEC. 1202. FINDINGS. 
The Congress makes the following findings: 
(1) Alien smuggling by land, air and sea is a 
transnational crime that violates the integrity of 
United States borders, compromises our Nation’s 
sovereignty, places the country at risk of terrorist 
activity, and contravenes the rule of law.
287 
(2) Aggressive enforcement activity against 
alien smuggling is needed to protect our borders and 
ensure the security of our Nation. The border secu-
rity and anti-smuggling efforts of the men and 
women on the Nation’s front line of defense are to 
be commended. Special recognition is due the De-
partment of Homeland Security through the United 
States Border Patrol, Coast Guard, Customs and 
Border Protection, and Immigration and Customs 
Enforcement, and the Department of Justice 
through the Federal Bureau of Investigation. 
(3) The law enforcement community must be 
given the statutory tools necessary to address this 
security threat. Only through effective alien smug-
gling statutes can the Justice Department, through 
the United States Attorneys’ Offices and the Domes-
tic Security Section of the Criminal Division, pros-
ecute these cases successfully. 
(4) Alien smuggling has a destabilizing effect 
on border communities. State and local law enforce-
ment, medical personnel, social service providers, 
and the faith community play important roles in 
combating smuggling and responding to its effects.
288 
(5) Existing penalties for alien smuggling are 
insufficient to provide appropriate punishment for 
alien smugglers. 
(6) Existing alien smuggling laws often fail to 
reach the conduct of alien smugglers, transporters, 
recruiters, guides, and boat captains. 
(7) Existing laws concerning failure to heave to 
are insufficient to appropriately punish boat opera-
tors and crew who engage in the reckless transpor-
tation of aliens on the high seas and seek to evade 
capture. 
(8) Much of the conduct in alien smuggling 
rings 
occurs 
outside 
of 
the 
United 
States. 
Extraterritorial jurisdiction is needed to ensure that 
smuggling rings can be brought to justice for re-
cruiting, sending, and facilitating the movement of 
those who seek to enter the United States without 
lawful authority. 
(9) Alien smuggling can include unsafe or reck-
lessly dangerous conditions that expose individuals 
to particularly high risk of injury or death. 
SEC. 1203. CHECKS AGAINST TERRORIST WATCHLIST. 
The Secretary of Homeland Security shall, to the ex-
tent practicable, check against all available terrorist 
watchlists those persons suspected of alien smuggling and
289 
smuggled individuals who are interdicted at the land, air, 
and sea borders of the United States. 
SEC. 1204. STRENGTHENING PROSECUTION AND PUNISH-
MENT OF ALIEN SMUGGLERS. 
Section 274(a) of the Immigration and Nationality 
Act (8 U.S.C. 1324(a)) is amended— 
(1) by amending the subsection heading to read 
as follows: ‘‘BRINGING IN, HARBORING, AND SMUG-
GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 
(2) by amending paragraphs (1) through (2) to 
read as follows: 
‘‘(1)(A) Whoever, knowing or in reckless disregard of 
the fact that an individual is an alien who lacks lawful 
authority to come to, enter, or reside in the United States, 
knowingly— 
‘‘(i) brings that individual to the United States 
in any manner whatsoever regardless of any future 
official action which may be taken with respect to 
such individual; 
‘‘(ii) recruits, encourages, or induces that indi-
vidual to come to, enter, or reside in the United 
States; 
‘‘(iii) transports or moves that individual in the 
United States, in furtherance of their unlawful pres-
ence; or
290 
‘‘(iv) harbors, conceals, or shields from detec-
tion the individual in any place in the United States, 
including any building or any means of transpor-
tation; 
or attempts or conspires to do so, shall be punished as 
provided in subparagraph (C). 
‘‘(B) Whoever, knowing that an individual is an alien, 
brings that individual to the United States in any manner 
whatsoever at a place, other than a designated port of 
entry or place designated by the Secretary of Homeland 
Security, regardless of whether such individual has re-
ceived prior official authorization to come to, enter, or re-
side in the United States and regardless of any future offi-
cial action which may be taken with respect to such indi-
vidual, or attempts or conspires to do so, shall be punished 
as provided in subparagraph (C). 
‘‘(C) Whoever commits an offense under this para-
graph shall, for each individual in respect to whom such 
a violation occurs— 
‘‘(i) if the offense results in the death of any 
person, be fined under title 18, United States Code, 
and subject to the penalty of death or imprisonment 
for any term of years or for life; 
‘‘(ii) if the offense involves kidnapping, an at-
tempt to kidnap, the conduct required for aggra-
293 
no defense based on necessity can be raised unless the de-
fendant— 
‘‘(i) as soon as practicable, reported to the 
Coast Guard the circumstances of the necessity, and 
if a rescue is claimed, the name, description, registry 
number, and location of the vessel engaging in the 
rescue; and 
‘‘(ii) did not bring, attempt to bring, or in any 
manner intentionally facilitate the entry of any alien 
into the land territory of the United States without 
lawful authority, unless exigent circumstances ex-
isted that placed the life of that alien in danger, in 
which case the reporting requirement set forth in 
clause (i) is satisfied by notifying the Coast Guard 
as soon as practicable after delivering the alien to 
emergency medical or law enforcement personnel 
ashore. 
‘‘(C) It is not a violation of, or an attempt or con-
spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 
or paragraph (1)(A)(ii) (except if a person recruits, en-
courages, or induces an alien to come to or enter the 
United States), for a religious denomination having a bona 
fide nonprofit, religious organization in the United States, 
or the agents or officer of such denomination or organiza-
tion, to encourage, invite, call, allow, or enable an alien
294 
who is present in the United States to perform the voca-
tion of a minister or missionary for the denomination or 
organization in the United States as a volunteer who is 
not compensated as an employee, notwithstanding the pro-
vision of room, board, travel, medical assistance, and other 
basic living expenses, provided the minister or missionary 
has been a member of the denomination for at least one 
year. 
‘‘(D) For purposes of this paragraph and paragraph 
(1)— 
‘‘(i) the term ‘United States’ means the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, the Commonwealth of the 
Northern Mariana Islands, and any other territory 
or possession of the United States; and 
‘‘(ii) the term ‘lawful authority’ means permis-
sion, authorization, or waiver that is expressly pro-
vided for in the immigration laws of the United 
States or the regulations prescribed under those 
laws and does not include any such authority se-
cured by fraud or otherwise obtained in violation of 
law or authority that has been sought but not ap-
proved.’’.
295 
SEC. 1205. MARITIME LAW ENFORCEMENT. 
(a) PENALTIES.—Subsection (b) of section 2237 of 
title 18, United States Code, is amended to read as fol-
lows: 
‘‘(b) Whoever intentionally violates this section 
shall— 
‘‘(1) if the offense results in death or involves 
kidnapping, an attempt to kidnap, the conduct re-
quired for aggravated sexual abuse (as defined in 
section 2241 without regard to where it takes place), 
or an attempt to commit such abuse, or an attempt 
to kill, be fined under such title or imprisoned for 
any term of years or life, or both; 
‘‘(2) if the offense results in serious bodily in-
jury (as defined in section 1365 of this title) or 
transportation under inhumane conditions, be fined 
under this title, imprisoned not more than 15 years, 
or both; 
‘‘(3) if the offense is committed in the course 
of a violation of section 274 of the Immigration and 
Nationality Act (alien smuggling); chapter 77 (peon-
age, slavery, and trafficking in persons), section 111 
(shipping), 111A (interference with vessels), 113 
(stolen property), or 117 (transportation for illegal 
sexual activity) of this title; chapter 705 (maritime 
drug law enforcement) of title 46, or title II of the
296 
Act of June 15, 1917 (Chapter 30; 40 Stat. 220), 
be fined under this title or imprisoned for not more 
than 10 years, or both; and 
‘‘(4) in any other case, be fined under this title 
or imprisoned for not more than 5 years, or both.’’. 
(b) LIMITATION ON NECESSITY DEFENSE.—Section 
2237(c) of title 18, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
(2) by adding at the end the following: 
‘‘(2) In a prosecution for a violation of this section, 
no defense based on necessity can be raised unless the de-
fendant— 
‘‘(A) as soon as practicable upon reaching 
shore, delivered the person with respect to which the 
necessity arose to emergency medical or law enforce-
ment personnel; 
‘‘(B) as soon as practicable, reported to the 
Coast Guard the circumstances of the necessity re-
sulting giving rise to the defense; and 
‘‘(C) did not bring, attempt to bring, or in any 
manner intentionally facilitate the entry of any alien, 
as that term is defined in section 101(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1101 
(a)(3)), into the land territory of the United States 
without 
lawful 
authority, 
unless 
exigent 
cir-
297 
cumstances existed that placed the life of that alien 
in danger, in which case the reporting requirement 
of subparagraph (B) is satisfied by notifying the 
Coast Guard as soon as practicable after delivering 
that person to emergency medical or law enforce-
ment personnel ashore.’’. 
(c) DEFINITION.—Section 2237(e) of title 18, United 
States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5) the term ‘transportation under inhumane 
conditions’ means the transportation of persons in 
an engine compartment, storage compartment, or 
other confined space, transportation at an excessive 
speed, transportation of a number of persons in ex-
cess of the rated capacity of the means of transpor-
tation, or intentionally grounding a vessel in which 
persons are being transported.’’. 
SEC. 1206. AMENDMENT TO THE SENTENCING GUIDELINES. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994 of title 28, United States Code, and in accord-
ance with this section, the United States Sentencing Com-
298 
mission shall review and, if appropriate, amend the sen-
tencing guidelines and policy statements applicable to per-
sons convicted of alien smuggling offenses and criminal 
failure to heave to or obstruction of boarding. 
(b) CONSIDERATIONS.—In carrying out this section, 
the Sentencing Commission, shall— 
(1) consider providing sentencing enhancements 
or stiffening existing enhancements for those con-
victed of offenses described in subsection (a) that— 
(A) involve a pattern of continued and fla-
grant violations; 
(B) are part of an ongoing commercial or-
ganization or enterprise; 
(C) involve aliens who were transported in 
groups of 10 or more; 
(D) involve the transportation or abandon-
ment of aliens in a manner that endangered 
their lives; or 
(E) involve the facilitation of terrorist ac-
tivity; and 
(2) consider cross-references to the guidelines 
for Criminal Sexual Abuse and Attempted Murder. 
(c) EXPEDITED
PROCEDURES.—The Commission 
may promulgate the guidelines or amendments under this 
section in accordance with the procedures set forth in sec-
299 
tion 21(a) of the Sentencing Act of 1987, as though the 
authority under that Act had not expired. 
TITLE XIII—MISCELLANEOUS 
PROVISIONS 
SEC. 1301. CERTIFICATE OF DOCUMENTATION FOR GAL-
LANT LADY. 
Section 1120(c) of the Coast Guard Authorization 
Act of 1996 (110 Stat. 3977) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘of Transportation’’ and 
inserting ‘‘of the department in which the Coast 
Guard is operating’’; and 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) 
the 
vessel 
GALLANT 
LADY 
(Feadship hull number 672, approximately 168 
feet in length).’’; 
(2) by striking paragraphs (3) and (4) and re-
designating paragraph (5) as paragraph (3); and 
(3) in paragraph (3) (as so redesignated) by 
striking all after ‘‘shall expire’’ and inserting ‘‘on 
the date of the sale of the vessel by the owner.’’. 
SEC. 1302. WAIVERS. 
(a) IN GENERAL.—Notwithstanding section 12112 
and chapter 551 of title 46, United States Code, the Sec-
300 
retary of the department in which the Coast Guard is op-
erating may issue a certificate of documentation with a 
coastwise endorsement for the following vessels: 
(1) 
OCEAN 
VERITAS 
(IMO 
Number 
7366805). 
(2) MAYA (United States official number 
11073). 
(3) ZIPPER (State of New York regulation 
number NY3205EB). 
(4) GULF DIVER IV (United States official 
number 553457). 
(5) M/V GEYSIR (United States official num-
ber 622178). 
(6) St. Mary’s Cement (United States official 
number 699114). 
(b) DRYDOCK WAIVER.—Notwithstanding sections 
12112, 55102, and 55103 of title 46, United States Code, 
the Secretary of the department in which the Coast Guard 
is operating may issue a certificate of documentation the 
appropriate endorsement for engaging in the coastwise 
trade in Ketchikan, Alaska, for the Dry Dock #2, State 
of Alaska registration AIDEA FDD–2. 
SEC. 1303. GREAT LAKES MARITIME RESEARCH INSTITUTE. 
Section 605 of the Coast Guard and Maritime Trans-
portation Act of 2004 (118 Stat. 1052) is amended—
301 
(1) in subsection (b)(1)— 
(A) by striking ‘‘The Secretary of Trans-
portation shall conduct a study that’’ and in-
serting ‘‘The Institute shall conduct maritime 
transportation studies of the Great Lakes re-
gion, including studies that’’; 
(B) in subparagraphs (A), (B), (C), (E), 
(F), (H), (I), and (J) by striking ‘‘evaluates’’ 
and inserting ‘‘evaluate’’; 
(C) in subparagraphs (D) and (G) by 
striking ‘‘analyzes’’ and inserting ‘‘analyze’’; 
(D) by striking ‘‘and’’ at the end of sub-
paragraph (I); 
(E) by striking the period at the end of 
subparagraph (J) and inserting a semicolon; 
(F) by adding at the end the following: 
‘‘(K) identify ways to improve the integra-
tion of the Great Lakes marine transportation 
system into the national transportation system; 
‘‘(L) evaluate the employment base sup-
ported by the Great Lakes marine transpor-
tation system, including the number and types 
of jobs, and general demographics about the 
employees holding those jobs, such as their gen-
der and age;
302 
‘‘(M) examine the potential of expanded 
operations on the Great Lakes marine transpor-
tation system; 
‘‘(N) identify ways to include intelligent 
transportation applications into the Great 
Lakes marine transportation system; 
‘‘(O) analyze the effects and impacts of 
aging infrastructure and port corrosion on the 
Great Lakes marine transportation system; 
‘‘(P) establish and maintain a model Great 
Lakes marine transportation system database; 
and 
‘‘(Q) identify market opportunities for, and 
impediments to, the use of United States-flag 
vessels in trade with Canada on the Great 
Lakes.’’; and 
(2) by striking subsection (b)(4) and inserting 
the following: 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
paragraph (1)— 
‘‘(A) $2,400,000 for fiscal year 2010; 
‘‘(B) $2,500,000 for fiscal year 2011; 
‘‘(C) $2,600,000 for fiscal year 2012; and 
‘‘(D) $2,700,000 for fiscal year 2013.’’.
303 
SEC. 1304. CONVEYANCE OF COAST GUARD BOAT HOUSE, 
NANTUCKET, MASSACHUSETTS. 
(a) STATION BRANT POINT BOAT HOUSE.— 
(1) REQUIREMENT.—The Secretary of the de-
partment in which the Coast Guard is operating 
shall convey to the town of Nantucket, Massachu-
setts, all right, title, and interest of the United 
States in and to the buildings known as the Station 
Brant Point Boat House located at Coast Guard 
Station Brant Point, Nantucket, Massachusetts, for 
use for a public purpose. 
(2) TERMS OF CONVEYANCE.—A conveyance of 
the building under paragraph (1) shall be made— 
(A) without the payment of consideration; 
and 
(B) subject to appropriate terms and con-
ditions the Secretary considers necessary. 
(3) REVERSIONARY INTEREST.—All right, title, 
and interest in property conveyed under this sub-
section shall revert to the United States if any por-
tion of the property is used other than for a public 
purpose. 
(b) LEASE.— 
(1) REQUIREMENT.—The Secretary of the de-
partment in which the Coast Guard is operating 
shall enter into a lease with the town of Nantucket
304 
that authorizes the town of Nantucket to occupy the 
land on which the buildings conveyed under sub-
section (a) are located, subject to appropriate terms 
and conditions the Secretary considers necessary. 
(2) LEASE
TERM.—A lease under this sub-
section shall not expire before January 31, 2033. 
(3) TERMINATION OF LEASE.—If the Secretary 
determines that the property leased under paragraph 
(1) is necessary for purposes of the Coast Guard, 
the Secretary— 
(A) may terminate the lease without pay-
ment of compensation; and 
(B) shall provide the town of Nantucket 
not less than 12 months notice of the require-
ment to vacate the site and move the buildings 
conveyed under subsection (a) to another loca-
tion. 
SEC. 1305. CREW WAGES ON PASSENGER VESSELS. 
(a) FOREIGN AND INTERCOASTAL VOYAGES.— 
(1) 
CAP
ON
PENALTY
WAGES.—Section 
10313(g) of title 46, United States Code, is amend-
ed— 
(A) by striking ‘‘When’’ and inserting ‘‘(1) 
Subject to paragraph (2), when’’; and 
(B) by adding at the end the following:
305 
‘‘(2) The total amount required to be paid under 
paragraph (1) with respect to all claims in a class action 
suit by seamen on a passenger vessel capable of carrying 
more than 500 passengers for wages under this section 
against a vessel master, owner, or operator or the em-
ployer of the seamen shall not exceed ten times the unpaid 
wages that are the subject of the claims. 
‘‘(3) A class action suit for wages under this sub-
section must be commenced within three years after the 
later of— 
‘‘(A) the date of the end of the last voyage for 
which the wages are claimed; or 
‘‘(B) the receipt, by a seaman who is a claimant 
in the suit, of a payment of wages that are the sub-
ject of the suit that is made in the ordinary course 
of employment.’’. 
(2) DEPOSITS.—Section 10315 of such title is 
amended by adding at the end the following: 
‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written 
request signed by the seaman, a seaman employed on a 
passenger vessel capable of carrying more than 500 pas-
sengers may authorize the master, owner, or operator of 
the vessel, or the employer of the seaman, to make depos-
its of wages of the seaman into a checking, savings, invest-
306 
ment, or retirement account, or other account to secure 
a payroll or debit card for the seaman if— 
‘‘(1) the wages designated by the seaman for 
such deposit are deposited in a United States or 
international financial institution designated by the 
seaman; 
‘‘(2) such deposits in the financial institution 
are fully guaranteed under commonly accepted inter-
national standards by the government of the country 
in which the financial institution is licensed; 
‘‘(3) a written wage statement or pay stub, in-
cluding an accounting of any direct deposit, is deliv-
ered to the seaman no less often than monthly; and 
‘‘(4) while on board the vessel on which the sea-
man is employed, the seaman is able to arrange for 
withdrawal of all funds on deposit in the account in 
which the wages are deposited.’’. 
(b) COASTWISE VOYAGES.— 
(1) 
CAP
ON
PENALTY
WAGES.—Section 
10504(c) of such title is amended— 
(A) by striking ‘‘When’’ and inserting ‘‘(1) 
Subject to subsection (d), and except as pro-
vided in paragraph (2), when’’; and 
(B) by inserting at the end the following:
307 
‘‘(2) The total amount required to be paid under 
paragraph (1) with respect to all claims in a class action 
suit by seamen on a passenger vessel capable of carrying 
more than 500 passengers for wages under this section 
against a vessel master, owner, or operator or the em-
ployer of the seamen shall not exceed ten times the unpaid 
wages that are the subject of the claims. 
‘‘(3) A class action suit for wages under this sub-
section must be commenced within three years after the 
later of— 
‘‘(A) the date of the end of the last voyage for 
which the wages are claimed; or 
‘‘(B) the receipt, by a seaman who is a claimant 
in the suit, of a payment of wages that are the sub-
ject of the suit that is made in the ordinary course 
of employment.’’. 
(2) DEPOSITS.—Section 10504 of such title is 
amended by adding at the end the following: 
‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written 
request signed by the seaman, a seaman employed on a 
passenger vessel capable of carrying more than 500 pas-
sengers may authorize, the master, owner, or operator of 
the vessel, or the employer of the seaman, to make depos-
its of wages of the seaman into a checking, savings, invest-
308 
ment, or retirement account, or other account to secure 
a payroll or debit card for the seaman if— 
‘‘(1) the wages designated by the seaman for 
such deposit are deposited in a United States or 
international financial institution designated by the 
seaman; 
‘‘(2) such deposits in the financial institution 
are fully guaranteed under commonly accepted inter-
national standards by the government of the country 
in which the financial institution is licensed; 
‘‘(3) a written wage statement or pay stub, in-
cluding an accounting of any direct deposit, is deliv-
ered to the seaman no less often than monthly; and 
‘‘(4) while on board the vessel on which the sea-
man is employed, the seaman is able to arrange for 
withdrawal of all funds on deposit in the account in 
which the wages are deposited.’’. 
SEC. 1306. TECHNICAL CORRECTIONS. 
(a) COAST GUARD AND MARITIME TRANSPORTATION 
ACT OF 2006.—Effective with enactment of the Coast 
Guard and Maritime Transportation Act of 2006 (Public 
Law 109–241), such Act is amended— 
(1) in section 311(b) (120 Stat. 530) by insert-
ing ‘‘paragraphs (1) and (2) of’’ before ‘‘section 
8104(o)’’;
309 
(2) in section 603(a)(2) (120 Stat. 554) by 
striking ‘‘33 U.S.C. 2794(a)(2)’’ and inserting ‘‘33 
U.S.C. 2704(a)(2)’’; 
(3) in section 901(r)(2) (120 Stat. 566) by 
striking ‘‘the’’ the second place it appears; 
(4) in section 902(c) (120 Stat. 566) by insert-
ing ‘‘of the United States’’ after ‘‘Revised Statutes’’; 
(5) in section 902(e) (120 Stat. 567) is amend-
ed— 
(A) by inserting ‘‘and’’ after the semicolon 
at the end of paragraph (1); 
(B) by striking ‘‘and’’ at the end of para-
graph (2)(A); and 
(C) by redesignating paragraphs (3) and 
(4) as subparagraphs (C) and (D) of paragraph 
(2), respectively, and aligning the left margin of 
such subparagraphs with the left margin of 
subparagraph (A) of paragraph (2); 
(6) in section 902(e)(2)(C) (as so redesignated) 
by striking ‘‘this section’’ and inserting ‘‘this para-
graph’’; 
(7) in section 902(e)(2)(D) (as so redesignated) 
by striking ‘‘this section’’ and inserting ‘‘this para-
graph’’; 
(8) in section 902(h)(1) (120 Stat. 567)—
310 
(A) by striking ‘‘Bisti/De-Na-Zin’’ and all 
that follows through ‘‘Protection’’ and inserting 
‘‘Omnibus Parks and Public Lands Manage-
ment’’; and 
(B) by inserting a period after ‘‘Com-
mandant of the Coast Guard’’; and 
(9) in section 902(k) (120 Stat. 568) is amend-
ed— 
(A) by inserting ‘‘the Act of March 23, 
1906, commonly known as’’ before ‘‘the General 
Bridge’’; 
(B) by striking ‘‘491)’’ and inserting 
‘‘494),’’; and 
(C) by inserting ‘‘each place it appears’’ 
before ‘‘and inserting’’. 
(b) TITLE 14.— 
(1) The analysis for chapter 7 of title 14, 
United States Code, is amended by adding a period 
at the end of the item relating to section 149. 
(2) The analysis for chapter 17 of title 14, 
United States Code, is amended by adding a period 
at the end of the item relating to section 677. 
(3) The analysis for chapter 9 of title 14, 
United States Code, is amended by adding a period 
at the end of the item relating to section 198.
311 
(c) TITLE 46.— 
(1) The analysis for chapter 81 of title 46, 
United States Code, is amended by adding a period 
at the end of the item relating to section 8106. 
(2) Section 70105(c)(3)(C) of such title is 
amended by striking ‘‘National Intelligence Direc-
tor’’ and inserting ‘‘Director of National Intel-
ligence’’. 
(d) DEEPWATER
PORT
ACT
OF
1974.—Section 
5(c)(2) of the Deepwater Port Act of 1974 (33 U.S.C. 
1504(c)(2)) is amended by aligning the left margin of sub-
paragraph (K) with the left margin of subparagraph (L). 
(e) OIL POLLUTION ACT OF 1990.— 
(1) Section 1004(a)(2) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2704(a)(2)) is amended by strik-
ing the first comma following ‘‘$800,000’’. 
(2) The table of sections in section 2 of such 
Act is amended by inserting a period at the end of 
the item relating to section 7002. 
(f) COAST GUARD AUTHORIZATION ACT OF 1996.— 
The table of sections in section 2 of the Coast Guard Au-
thorization Act of 1996 is amended in the item relating 
to section 103 by striking ‘‘reports’’ and inserting ‘‘re-
port’’.
312 
SEC. 1307. CONVEYANCE OF DECOMMISSIONED COAST 
GUARD CUTTER STORIS. 
(a) IN GENERAL.—Upon the scheduled decommis-
sioning of the Coast Guard Cutter STORIS, the Com-
mandant of the Coast Guard shall convey, without consid-
eration, all right, title, and interest of the United States 
in and to that vessel to the USCG Cutter STORIS Mu-
seum and Maritime Education Center, LLC, located in the 
State of Alaska if the recipient— 
(1) agrees— 
(A) to use the vessel for purposes of a mu-
seum and historical display; 
(B) not to use the vessel for commercial 
transportation purposes; 
(C) to make the vessel available to the 
United States Government if needed for use by 
the Commandant in time of war or a national 
emergency; and 
(D) to hold the Government harmless for 
any claims arising from exposure to hazardous 
materials, 
including 
asbestos 
and 
poly-
chlorinated biphenyls, after conveyance of the 
vessel, except for claims arising from the use by 
the Government under subparagraph (C); 
(2) has funds available that will be committed 
to operate and maintain in good working condition
313 
the vessel conveyed, in the form of cash, liquid as-
sets, or a written loan commitment and in an 
amount of at least $700,000; and 
(3) agrees to any other conditions the Com-
mandant considers appropriate. 
(b) MAINTENANCE AND DELIVERY OF VESSEL.— 
(1) MAINTENANCE.—Before conveyance of the 
vessel under this section, the Commandant shall 
make, to the extent practical and subject to other 
Coast Guard mission requirements, every effort to 
maintain the integrity of the vessel and its equip-
ment until the time of delivery. 
(2) DELIVERY.—If a conveyance is made under 
this section, the Commandant shall deliver the vessel 
to a suitable mooring in the local area in its present 
condition. 
(3) TREATMENT OF CONVEYANCE.—The con-
veyance of the vessel under this section shall not be 
considered a distribution in commerce for purposes 
of section 6(e) of Public Law 94–469 (15 U.S.C. 
2605(e)). 
(c) OTHER EXCESS EQUIPMENT.—The Commandant 
may convey to the recipient of a conveyance under sub-
section (a) any excess equipment or parts from other de-
commissioned Coast Guard vessels for use to enhance the
314 
operability and function of the vessel conveyed under sub-
section (a) for purposes of a museum and historical dis-
play. 
SEC. 1308. CONVEYANCE OF COAST GUARD HU–25 FALCON 
JET AIRCRAFT. 
(a) AUTHORITY TO CONVEY.—Notwithstanding any 
other law, the Commandant of the Coast Guard may con-
vey to the Elizabeth City State University (in this section 
referred to as the ‘‘University’’), a public university lo-
cated in the State of North Carolina, without consider-
ation all right, title, and interest of the United States in 
an HU–25 Falcon Jet aircraft under the administrative 
jurisdiction of the Coast Guard that the Commandant de-
termines— 
(1) is appropriate for use by the University; 
and 
(2) is excess to the needs of the Coast Guard. 
(b) CONDITIONS.— 
(1) IN GENERAL.—As a condition of conveying 
an aircraft to the University under subsection (a), 
the Commandant shall enter into an agreement with 
the University under which the University agrees— 
(A) to utilize the aircraft for educational 
purposes or other public purposes as jointly
315 
agreed upon by the Commandant and the Uni-
versity before conveyance; and 
(B) to hold the United States harmless for 
any claim arising with respect to the aircraft 
after conveyance of the aircraft. 
(2) REVERSIONARY
INTEREST.—If the Com-
mandant determines that the recipient violated sub-
paragraph (A) or (B) of paragraph (1), then— 
(A) all right, title, and interest in the air-
craft shall revert to the United States; 
(B) the United States shall have the right 
to immediate possession of the aircraft; and 
(C) the recipient shall pay the United 
States for its costs incurred in recovering the 
aircraft for such violation. 
(c) LIMITATION ON FUTURE TRANSFERS.— 
(1) IN GENERAL.—The Commandant shall in-
clude in the instruments for the conveyance a re-
quirement that any further conveyance of an interest 
in the aircraft may not be made without the ap-
proval in advance of the Commandant. 
(2) REVERSIONARY
INTEREST.—If the Com-
mandant determines that an interest in the aircraft 
was conveyed without such approval, then—
316 
(A) all right, title, and interest in the air-
craft shall revert to the United States; 
(B) the United States shall have the right 
to immediate possession of the aircraft; and 
(C) the recipient shall pay the United 
States for its costs incurred in recovering the 
aircraft for such a violation. 
(d) DELIVERY
OF AIRCRAFT.—The Commandant 
shall deliver the aircraft conveyed under subsection (a)— 
(1) at the place where the aircraft is located on 
the date of the conveyance; 
(2) in its condition on the date of conveyance; 
and 
(3) without cost to the United States. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant may require such additional terms and con-
ditions in connection with the conveyance required by sub-
section (a) as the Commandant considers appropriate to 
protect the interests of the United States. 
SEC. 1309. DECOMMISSIONED COAST GUARD VESSELS FOR 
HAITI. 
(a) IN GENERAL.—Notwithstanding any other law, 
upon the scheduled decommissioning of any Coast Guard 
41-foot patrol boat, the Commandant of the Coast Guard 
shall give the Government of Haiti a right-of-first-refusal
317 
for conveyance of that vessel to the Government of Haiti, 
if that Government of Haiti agrees— 
(1) to use the vessel for the Coast Guard of 
Haiti; 
(2) to make the vessel available to the United 
States Government if needed for use by the Com-
mandant in time of war or national emergency; 
(3) to hold the United States Government 
harmless for any claims arising from exposure to 
hazardous materials, including asbestos and poly-
chlorinated biphenyls, after conveyance of the vessel, 
except for claims arising from the use by the United 
States Government under paragraph (2); and 
(4) to any other conditions the Commandant 
considers appropriate. 
(b) LIMITATION.—The Commandant may not convey 
more than 10 vessels to the Government of Haiti pursuant 
to this section. 
(c) MAINTENANCE AND DELIVERY OF VESSEL.— 
(1) MAINTENANCE.—Before conveyance of a 
vessel under this section, the Commandant shall 
make, to the extent practical and subject to other 
Coast Guard mission requirements, every effort to 
maintain the integrity of the vessel and its equip-
ment until the time of delivery.
318 
(2) DELIVERY.—If a conveyance is made under 
this section, the Commandant shall deliver a vessel 
to a suitable mooring in the local area in its present 
condition. 
(3) TREATMENT OF CONVEYANCE.—The con-
veyance of a vessel under this section shall not be 
considered a distribution in commerce for purposes 
of section 6(e) of Public Law 94–469 (15 U.S.C. 
2605(e)). 
SEC. 1310. PHASEOUT OF VESSELS SUPPORTING OIL AND 
GAS DEVELOPMENT. 
(a) 
IN
GENERAL.—Notwithstanding 
section 
12111(d) of title 46, United States Code, foreign-flag ves-
sels 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— 
(1) for a 1-year period from the date the lessee 
gives the Secretary of Transportation written notice 
of the commencement of such exploration drilling if
319 
the Secretary determines, after publishing notice in 
the Federal Register, that insufficient vessels docu-
mented under section 12111(d) of title 46, United 
States Code, are reasonably available and suitable 
for these support operations and all such reasonably 
available and suitable vessels are employed in sup-
port of such operations; and 
(2) for an additional period until such vessels 
are available if the Secretary of Transportation de-
termines— 
(A) that, by April 30 of the year following 
the commencement of exploration drilling, the 
lessee has entered into a binding agreement to 
employ a suitable vessel or vessels to be docu-
mented under section 12111(d) of title 46, 
United States Code, in sufficient numbers and 
with sufficient suitability to replace any foreign- 
flag vessel or vessels operating under this sec-
tion; and 
(B) after publishing notice in the Federal 
Register, that insufficient vessels documented 
under section 12111(d) of title 46, United 
States Code, are reasonably available and suit-
able for these support operations and all such
320 
reasonably available and suitable vessels are 
employed in support of such operations. 
(b) EXPIRATION.—Irrespective of the year in which 
the commitment referred to in subsection (a)(2)(A) oc-
curs, foreign-flag anchor handling vessels may not be em-
ployed for the setting, relocation, or recovery of anchors 
or other mooring equipment of a mobile offshore drilling 
unit after December 31, 2017. 
(c) LESSEE DEFINED.—In this section, the term 
‘‘lessee’’ means the holder of a lease (as defined in section 
1331(c) of title 43, United States Code), who, prior to 
giving the written notice in subsection (a)(1), has entered 
into a binding agreement to employ a suitable vessel docu-
mented or to be documented under section 12111(d) of 
title 46, United States Code. 
(d) SAVINGS PROVISION.—Nothing in subsection (a) 
may be construed to authorize the employment in the 
coastwise trade of a vessel that does not meet the require-
ments of section 12112 of title 46, United States Code. 
SEC. 1311. VESSEL TRAFFIC RISK ASSESSMENT. 
(a) REQUIREMENT.—The Commandant of the Coast 
Guard, acting through the appropriate Area Committee 
established under section 311(j)(4) of the Federal Water 
Pollution Control Act, shall prepare a vessel traffic risk
321 
assessment for Cook Inlet, Alaska, within one year after 
the date of enactment of this Act. 
(b) CONTENTS.—The assessment shall describe, for 
the region covered by the assessment— 
(1) the amount and character of present and 
estimated future shipping traffic in the region; and 
(2) the current and projected use and effective-
ness in reducing risk, of— 
(A) traffic separation schemes and routing 
measures; 
(B) long-range vessel tracking systems de-
veloped under section 70115 of title 46, United 
States Code; 
(C) towing, response, or escort tugs; 
(D) vessel traffic services; 
(E) emergency towing packages on vessels; 
(F) increased spill response equipment in-
cluding equipment appropriate for severe weath-
er and sea conditions; 
(G) the Automatic Identification System 
developed under section 70114 of title 46, 
United States Code; 
(H) particularly sensitive sea areas, areas 
to be avoided, and other traffic exclusion zones; 
(I) aids to navigation; and
322 
(J) vessel response plans. 
(c) RECOMMENDATIONS.— 
(1) IN GENERAL.—The assessment shall include 
any appropriate recommendations to enhance the 
safety, or lessen potential adverse environmental im-
pacts, of marine shipping. 
(2) CONSULTATION.—Before making any rec-
ommendations under paragraph (1) for a region, the 
Area Committee shall consult with affected local, 
State, and Federal government agencies, representa-
tives of the fishing industry, Alaska Natives from 
the region, the conservation community, and the 
merchant shipping and oil transportation industries. 
(d) PROVISION TO CONGRESS.—The Commandant 
shall provide a copy of the assessment to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Commandant 
$1,000,000 for fiscal year 2010 to the conduct the assess-
ment.
323 
SEC. 1312. CONVEYANCE OF COAST GUARD VESSELS TO 
MISSISSIPPI. 
(a) AUTHORITY TO CONVEY.—Notwithstanding the 
Federal Property and Administrative Services Act of 
1949, the Commandant of the Coast Guard may convey 
to each recipient described in subsection (b) (in this sec-
tion referred to as the ‘‘Sheriff’s Department’’), without 
consideration all right, title, and interest of the United 
States in and to a Coast Guard trailerable boat, ranging 
from 17 feet to 30 feet in size, that the Commandant de-
termines— 
(1) is appropriate for use by the Sheriff’s De-
partment; and 
(2) is excess to the needs of the Coast Guard 
and the Department of Homeland Security. 
(b) RECIPIENTS.—The recipients referred to in sub-
section (a) are the following: 
(1) The Sheriff’s Department of Coahoma 
County, Mississippi. 
(2) The Sheriff’s Department of Warren Coun-
ty, Mississippi. 
(3) The Sheriff’s Department of Washington 
County, Mississippi. 
(c) CONDITION.—As a condition of conveying a vessel 
under the authority provided in subsection (a), the Com-
mandant shall enter into an agreement with the Sheriff’s
324 
Department under which the Sheriff’s Department 
agrees— 
(1) to utilize the vessel for homeland security 
and other appropriate purposes as jointly agreed 
upon by the Commandant and the Sheriff’s Depart-
ment before conveyance; and 
(2) to take the vessel ‘‘as is’’ and to hold the 
United States harmless for any claim arising with 
respect to that vessel after conveyance of the vessel, 
including any claims arising from the condition of 
the vessel and its equipment or exposure to haz-
ardous materials. 
(d) DELIVERY OF VESSEL.—The Commandant shall 
deliver the vessel conveyed under the authority provided 
in subsection (a)— 
(1) at the place where the vessel is located on 
the date of the conveyance; 
(2) in its condition on the date of conveyance; 
and 
(3) without cost to the United States. 
(e) OTHER EXCESS EQUIPMENT.—The Commandant 
may further convey any excess equipment or parts from 
other Coast Guard vessels, which are excess to the needs 
of the Coast Guard and the Department of Homeland Se-
curity, to the Sheriff’s Department for use to enhance the
325 
operability of the vessel conveyed under the authority pro-
vided in subsection (a). 
(f) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant may require such additional terms and con-
ditions in connection with the conveyance authorized by 
subsection (a) as the Commandant considers appropriate 
to protect the interests of the United States. 
SEC. 1313. COAST GUARD ASSETS FOR UNITED STATES VIR-
GIN ISLANDS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity may station additional Coast Guard assets in the 
United States Virgin Islands for port security and other 
associated purposes. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for fis-
cal year 2010 such sums as are necessary to carry out 
this section. 
SEC. 1314. OFFICER REQUIREMENTS FOR DISTANT WATER 
TUNA VESSELS. 
Section 8103 of title 46, United States Code, is 
amended by adding at the end the follow new subsection: 
‘‘(l) OFFICER REQUIREMENTS FOR DISTANT WATER 
TUNA VESSELS.— 
‘‘(1) 
CITIZENSHIP.—Notwithstanding 
sub-
section (a), a purse seine tuna fishing vessel docu-
326 
mented under chapter 121 fishing exclusively for 
highly migratory species under a fishing license 
issued pursuant to the 1987 Treaty on Fisheries Be-
tween the Governments of Certain Pacific Islands 
States and the Government of the United States of 
America in the treaty area (as that term is used in 
that treaty), or transiting to or from the treaty area 
exclusively for such purpose, may engage an indi-
vidual who is not a citizen of the United States to 
fill a vacancy in a position referred to in subsection 
(a) (except for the master) if, after timely public no-
tice of the vacancy, no United States citizens are 
readily available to fill the vacancy. 
‘‘(2) RESTRICTIONS.— 
‘‘(A) IN GENERAL.—An individual may not 
be engaged under paragraph (1) unless the in-
dividual holds a valid license or certificate 
issued— 
‘‘(i) in accordance with the standards 
established by the 1995 amendments to 
the Convention on Standards of Training, 
Certification and Watchkeeping for Sea-
farers, 1978 (STCW 95); and 
‘‘(ii) by an authority that the Sec-
retary of the department in which the
327 
Coast Guard is operating recognizes as im-
posing competency and training standards 
equivalent to or exceeding those required 
for a issued under chapter 71. 
‘‘(B) 
LIMITATION
ON
APPLICATION.— 
Paragraph (1) applies only to engagement of an 
individual on a vessel that— 
‘‘(i) 
is 
homeported 
in 
American 
Samoa, Guam, or the Northern Mariana 
Islands; and 
‘‘(ii) has passed an annual commercial 
fishing vessel safety exam administered by 
a individual authorized to enforce this title. 
‘‘(3) TREATMENT OF EQUIVALENT LICENSE.— 
The Secretary of the department in which the Coast 
Guard is operating shall treat a license held by an 
individual engaged under paragraph (1) that was 
issued by a foreign government as meeting the re-
quirements of section 8304 with respect to that en-
gagement, if the Secretary determines that the 
standards for issuing that license are equivalent to 
the standards that apply under that section.’’.
328 
SEC. 1315. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST 
GUARD PRESENCE IN HIGH LATITUDE RE-
GIONS. 
Within 270 days 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 Committee 
on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure 
of the House of Representatives assessing the need for ad-
ditional Coast Guard prevention and response capability 
in the high latitude regions. The assessment shall address 
needs for all Coast Guard mission areas, including search 
and rescue, marine pollution response and prevention, 
fisheries enforcement, and maritime commerce. The Sec-
retary shall include in the report— 
(1) an assessment of the high latitude operating 
capabilities of all current Coast Guard assets, in-
cluding assets acquired under the Deepwater pro-
gram; 
(2) an assessment of projected needs for Coast 
Guard forward operating bases in the high latitude 
regions; 
(3) an assessment of shore infrastructure, per-
sonnel, logistics, communications, and resources re-
quirements to support Coast Guard forward oper-
ating bases in the high latitude regions;
329 
(4) an assessment of the need for high latitude 
icebreaking capability and the capability of the cur-
rent high latitude icebreaking assets of the Coast 
Guard, including— 
(A) whether the Coast Guard’s high lati-
tude icebreaking fleet is meeting current mis-
sion performance goals; 
(B) whether the fleet is capable of meeting 
projected mission performance goals; and 
(C) an assessment of the material condi-
tion, safety, and working conditions aboard 
high latitude icebreaking assets, including the 
effect of those conditions on mission perform-
ance; 
(5) a detailed estimate of acquisition costs for 
each of the assets (including shore infrastructure) 
necessary for additional prevention and response ca-
pability in high latitude regions for all Coast Guard 
mission areas, and an estimate of operations and 
maintenance costs for such assets for the initial 10- 
year period of operations; and 
(6) detailed cost estimates (including operating 
and maintenance for a period of 10 years) for high 
latitude icebreaking capability to ensure current and
330 
projected future mission performance goals are met, 
including estimates of the costs to— 
(A) renovate and modernize the Coast 
Guard’s existing high latitude icebreaking fleet; 
and 
(B) replace the Coast Guard’s existing 
high latitude icebreaking fleet. 
SEC. 1316. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 
The Secretary of Transportation shall submit to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a comprehen-
sive study on the proposed construction or alteration of 
any bridge, drawbridge, or causeway over navigable waters 
with a channel depth of 25 feet or greater of the United 
States that may impede or obstruct future navigation to 
or from port facilities. 
SEC. 1317. LIMITATION ON JURISDICTION OF STATES TO 
TAX CERTAIN SEAMEN. 
Section 11108(b)(2)(B) of title 46, United States 
Code, is amended to read as follows: 
‘‘(B) who performs regularly assigned du-
ties while engaged as a master, officer, or crew-
man on a vessel operating on navigable waters 
in 2 or more States.’’.
331 
SEC. 1318. DECOMMISSIONED COAST GUARD VESSELS FOR 
BERMUDA. 
(a) IN GENERAL.—Notwithstanding any other law, 
upon the scheduled decommissioning of any Coast Guard 
41-foot patrol boat and after the Government of Haiti has 
exercised all of their options under section 1309, the Com-
mandant of the Coast Guard shall give the Government 
of Bermuda a right-of-first-refusal for conveyance of that 
vessel to the Government of Bermuda, if that Government 
of Bermuda agrees— 
(1) to use the vessel for the Coast Guard of 
Bermuda; 
(2) to make the vessel available to the United 
States Government if needed for use by the Com-
mandant in time of war or national emergency; 
(3) to hold the United States Government 
harmless for any claims arising from exposure to 
hazardous materials, including asbestos and poly-
chlorinated biphenyls, after conveyance of the vessel, 
except for claims arising from the use by the United 
States Government under paragraph (2); and 
(4) to any other conditions the Commandant 
considers appropriate. 
(b) LIMITATION.—The Commandant may not convey 
more than 3 vessels to the Government of Bermuda pursu-
ant to this section.
332 
(c) MAINTENANCE AND DELIVERY OF VESSEL.— 
(1) MAINTENANCE.—Before conveyance of a 
vessel under this section, the Commandant shall 
make, to the extent practical and subject to other 
Coast Guard mission requirements, every effort to 
maintain the integrity of the vessel and its equip-
ment until the time of delivery. 
(2) DELIVERY.—If a conveyance is made under 
this section, the Commandant shall deliver a vessel 
to a suitable mooring in the local area in its present 
condition. 
(3) TREATMENT OF CONVEYANCE.—The con-
veyance of a vessel under this section shall not be 
considered a distribution in commerce for purposes 
of section 6(e) of Public Law 94–469 (15 U.S.C. 
2605(e)). 
SEC. 1319. CONVEYANCE OF COAST GUARD VESSELS TO 
NASSAU COUNTY, NEW YORK. 
(a) AUTHORITY TO CONVEY.—Notwithstanding the 
Federal Property and Administrative Services Act of 
1949, the Commandant of the Coast Guard may convey 
to the Police Department of Nassau County, New York 
(in this section referred to as the ‘‘Police Department’’), 
without consideration all right, title, and interest of the
333 
United States in and to two Coast Guard 41-foot patrol 
boats that the Commandant determines— 
(1) is appropriate for use by the Police Depart-
ment; and 
(2) is excess to the needs of the Coast Guard 
and the Department of Homeland Security. 
(b) CONDITION.—As a condition of conveying a vessel 
under the authority provided in subsection (a), the Com-
mandant shall enter into an agreement with the Police De-
partment under which the Police Department agrees— 
(1) to utilize the vessel for homeland security 
and other appropriate purposes as jointly agreed 
upon by the Commandant and the Police Depart-
ment before conveyance; and 
(2) to take the vessel ‘‘as is’’ and to hold the 
United States harmless for any claim arising with 
respect to that vessel after conveyance of the vessel, 
including any claims arising from the condition of 
the vessel and its equipment or exposure to haz-
ardous materials. 
(c) DELIVERY OF VESSEL.—The Commandant shall 
deliver a vessel conveyed under the authority provided in 
subsection (a)— 
(1) at the place where the vessel is located on 
the date of the conveyance;
334 
(2) in its condition on the date of conveyance; 
and 
(3) without cost to the United States. 
(d) OTHER EXCESS EQUIPMENT.—The Commandant 
may further convey any excess equipment or parts from 
other Coast Guard vessels, which are excess to the needs 
of the Coast Guard and the Department of Homeland Se-
curity, to the Police Department for use to enhance the 
operability of a vessel conveyed under the authority pro-
vided in subsection (a). 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant may require such additional terms and con-
ditions in connection with a conveyance authorized by sub-
section (a) as the Commandant considers appropriate to 
protect the interests of the United States. 
SEC. 1320. NEWTOWN CREEK, NEW YORK CITY, NEW YORK. 
(a) STUDY.—The Administrator of the Environ-
mental Protection Agency shall conduct a study on the 
public health, safety, and environmental concerns related 
to the underground petroleum spill on the Brooklyn shore-
line of Newtown Creek, New York City, New York, in 
Greenpoint, Brooklyn, New York. 
(b) FULL-SITE CHARACTERIZATION
AND COLLEC-
TION OF NEW FIELD EVIDENCE.—In carrying out the 
study under this section, the Administrator shall conduct
335 
a full-site characterization of the underground petroleum 
spill, including the investigation, collection, and analysis 
of new and updated data and field evidence on the extent 
of the petroleum spill, including any portion of the spill 
that has been diluted into surrounding waters, and any 
surrounding soil contamination or soil vapor contamina-
tion. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
a report containing the results of the study to the Com-
mittee on Environment and Public Works and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000. 
(e) SAVINGS PROVISION.—Nothing in this section 
shall be construed to affect or limit the application of, or 
any obligation to comply with, any environmental law, in-
cluding the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.).
336 
SEC. 1321. LAND CONVEYANCE, COAST GUARD PROPERTY 
IN MARQUETTE COUNTY, MICHIGAN, TO THE 
CITY OF MARQUETTE, MICHIGAN. 
(a) CONVEYANCE
AUTHORIZED.—(1) The Com-
mandant of the Coast Guard may convey as surplus prop-
erty, under section 550 of title 40, United States Code, 
and other relevant Federal Laws governing the disposal 
of Federal surplus property, to the City of Marquette, 
Michigan (in this section referred to as the ‘‘City’’), all 
right, title, and interest of the United States in and to 
a parcel of real property, together with any improvements 
thereon, located in Marquette County, Michigan, that is 
under the administrative control of the Coast Guard, con-
sisting of approximately 5.5 acres of real property, as de-
picted on the Van Neste survey (#204072), dated Sep-
tember 7, 2006, together with the land between the inter-
mediate traverse line as shown on such survey and the 
ordinary high water mark, the total comprising 9 acres, 
more or less, and commonly identified as Coast Guard 
Station Marquette and Lighthouse Point. 
(2) COSTS OF CONVEYANCE.—The City shall be re-
sponsible for all reasonable and necessary costs, including 
real estate transaction and environmental documentation 
costs, associated with the transaction. 
(b) RETENTION OF CERTAIN EASEMENTS.—In con-
veying the property under subsection (a), the Com-
337 
mandant of the Coast Guard may retain such easements 
over the property as the Commandant considers appro-
priate for access to aids to navigation. 
(c) LIMITATIONS.—The property to be conveyed 
under subsection (a) may not be conveyed under that sub-
section until— 
(1) the Coast Guard has relocated Coast Guard 
Station Marquette to a newly constructed station; 
(2) any environmental remediation required 
under Federal law with respect to the property has 
been completed; and 
(3) the Commandant of the Coast Guard deter-
mines that retention of the property by the United 
States is not required to carry out Coast Guard mis-
sions or functions. 
(d) CONDITIONS
OF
TRANSFER.—All conditions 
placed within the deed of title of the property to be con-
veyed under subsection (a) shall be construed as covenants 
running with the land. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Commandant of the Coast Guard. 
(f) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant of the Coast Guard may require such addi-
338 
tional terms and conditions in connection with the convey-
ance authorized by subsection (a) as the Commandant 
considers appropriate to protect the interests of the 
United States. 
SEC. 1322. MISSION REQUIREMENT ANALYSIS FOR NAVI-
GABLE PORTIONS OF THE RIO GRANDE 
RIVER, 
TEXAS, 
INTERNATIONAL 
WATER 
BOUNDARY. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall prepare a mission re-
quirement analysis for the navigable portions of the Rio 
Grande River, Texas, international water boundary. The 
analysis shall take into account the Coast Guard’s involve-
ment on the Rio Grande River by assessing Coast Guard 
missions, assets, and personnel assigned along the Rio 
Grande River. The analysis shall also identify what would 
be needed for the Coast Guard to increase search and res-
cue operations, migrant interdiction operations, and drug 
interdiction operations. In carrying out this section, the 
Secretary shall work with all appropriate entities to facili-
tate the collection of information under this section as nec-
essary and shall report the analysis to the Congress.
339 
SEC. 1323. CONVEYANCE OF COAST GUARD PROPERTY IN 
CHEBOYGAN, MICHIGAN. 
(a) CONVEYANCE
AUTHORIZED.—Notwithstanding 
any other provision of law, the Commandant of the Coast 
Guard is authorized to convey, at fair market value, all 
right, title, and interest of the United States in and to 
a parcel of real property, consisting of approximately 3 
acres, more or less, that is under the administrative con-
trol of the Coast Guard and located at 900 S. Western 
Avenue in Cheboygan, Michigan. 
(b) RIGHT OF FIRST REFUSAL.—The Cornerstone 
Christian Academy, located in Cheboygan, MI, shall have 
the right of first refusal to purchase, at fair market value, 
all or a portion of the real property described in subsection 
(a). 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Commandant of the Coast Guard. 
(d) FAIR MARKET VALUE.—The fair market value 
of the property shall be— 
(1) determined by appraisal, in accordance with 
the Uniform Appraisal Standards for Federal Land 
Acquisitions and the Uniform Standards of Profes-
sional Appraisal Practice; and 
(2) subject to the approval of the Commandant.
340 
(e) COSTS OF CONVEYANCE.—The purchaser shall be 
responsible for all reasonable and necessary costs, includ-
ing real estate transaction and environmental documenta-
tion costs, associated with the transaction. 
(f) CREDIT OF FUNDS.—Notwithstanding any other 
provision of law, the net proceeds of a conveyance, author-
ized under subsection (a), shall— 
(1) be credited to the Coast Guard Environ-
mental Compliance and Restoration appropriations 
account current at the time collection is made; 
(2) be made available, subject to appropriation, 
for environmental compliance and restoration pur-
poses in conjunction with any disposal of any prop-
erty under the administrative control of the Coast 
Guard; and 
(3) remain available for such purposes until ex-
pended. 
(g) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant of the Coast Guard may require such addi-
tional terms and conditions in connection with the convey-
ance under subsection (a) as is considered appropriate to 
protect the interests of the United States.
341 
SEC. 1324. DISCHARGES INCIDENTAL TO NORMAL OPER-
ATION OF VESSELS. 
Public Law 110–299 (122 Stat. 2995, 33 U.S.C. 
1342 note) is amended in section 2(a) by striking ‘‘during 
the 2-year period beginning on the date of enactment of 
this Act’’ and inserting ‘‘during the period beginning on 
the date of enactment of this Act and ending December 
18, 2013’’. 
SEC. 1325. TALL SHIP CHALLENGE RACE. 
(a) FINDINGS.—The Congress finds that— 
(1) The Tall Ship Challenge race will occur on 
the Great Lakes in 2010; 
(2) the ships will race through all five Great 
Lakes, two Canadian provinces, and five American 
States for the first time; 
(3) the ships will also promote water conserva-
tion education and training of youth; and 
(4) thousands of Americans will visit the ships 
when they are in United States ports. 
(b) ENSURING PARTICIPATION.—The Congress urges 
the Commandant of the Coast Guard to take all initiative 
necessary to ensure that tall ships can participate in the 
Tall Ship Challenge race in a safe manner including modi-
fications to the pilotage requirements under the authority 
of section 2113 of title 46, United States Code.
342 
SEC. 1326. HAITIAN MARITIME CADETS. 
Section 51304 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(e) HAITI.—The Secretary of Transportation, with 
the approval of the Secretary of State, may appoint indi-
viduals from Haiti to receive instruction at the Academy. 
Individuals appointed under this subsection are in addition 
to those appointed under any other provision of this chap-
ter.’’. 
SEC. 1327. ALTERNATIVE LICENSING PROGRAM FOR OPER-
ATORS OF UNINSPECTED PASSENGER VES-
SELS ON LAKE TEXOMA IN TEXAS AND OKLA-
HOMA. 
(a) IN GENERAL.—Upon the request of the Governor 
of the State of Texas or the Governor of the State of Okla-
homa, the Secretary of the department in which the Coast 
Guard is operating shall enter into an agreement with the 
Governor of the State whereby the State shall license oper-
ators of uninspected passenger vessels operating on Lake 
Texoma in Texas and Oklahoma in lieu of the Secretary 
issuing the license pursuant to section 8903 of title 46, 
United States Code, and the regulations issued there-
under, but only if the State plan for licensing the opera-
tors of uninspected passenger vessels— 
(1) meets the equivalent standards of safety 
and protection of the environment as those con-
343 
tained in subtitle II of title 46, United States Code, 
and regulations issued thereunder; 
(2) includes— 
(A) standards for chemical testing for such 
operators; 
(B) physical standards for such operators; 
(C) professional service and training re-
quirements for such operators; and 
(D) criminal history background check for 
such operators; 
(3) provides for the suspension and revocation 
of State licenses; 
(4) makes an individual, who is ineligible for a 
license issued under title 46, United States Code, in-
eligible for a State license; and 
(5) provides for a report that includes— 
(A) the number of applications that, for 
the preceding year, the State rejected due to 
failure to— 
(i) meet chemical testing standards; 
(ii) meet physical standards; 
(iii) meet professional service and 
training requirements; and 
(iv) pass criminal history background 
check for such operators;
344 
(B) the number of licenses that, for the 
preceding year, the State issued; 
(C) the number of license investigations 
that, for the preceding year, the State con-
ducted; 
(D) the number of licenses that, for the 
preceding year, the State suspended or revoked, 
and the cause for such suspensions or revoca-
tions; and 
(E) the number of injuries, deaths, colli-
sions, and loss or damage associated with 
uninspected passenger vessels operations that, 
for the preceding year, the State investigated. 
(b) ADMINISTRATION.— 
(1) The Governor of the State may delegate the 
execution and enforcement of the State plan, includ-
ing the authority to license and the duty to report 
information pursuant to subsection (a), to any sub-
ordinate State officer. The Governor shall provide, 
to the Secretary, written notice of any delegation. 
(2) The Governor (or the Governor’s designee) 
shall provide written notice of any amendment to the 
State plan no less than 45 days prior to the effective 
date of such amendment.
346 
leges, other than licensing, that are associated with 
the operation of uninspected passenger vessels on 
Lake Texoma. 
(3) For the purpose of enforcement, if an indi-
vidual is issued a license— 
(A) by a State, pursuant to an agreement 
entered into under to this section; or 
(B) by the Secretary, pursuant to section 
8903 of title 46, United States Code, 
then the individual shall be entitled to lawfully oper-
ate an uninspected passenger vessel on Lake 
Texoma in Texas and Oklahoma without further re-
quirement to hold an additional operator’s license. 
(d) TERMINATION.— 
(1) If— 
(A) the Secretary finds that the State plan 
for the licensing the operators of uninspected 
passenger vessels— 
(i) does not meet the equivalent 
standards of safety and protection of the 
environment as those contained in subtitle 
II of title 46, United States Code, and reg-
ulations issued thereunder; 
(ii) does not include—
347 
(I) standards for chemical testing 
for such operators, 
(II) physical standards for such 
operators, 
(III) professional service and 
training requirements for such opera-
tors, or 
(IV) background and criminal in-
vestigations for such operators; 
(iii) does not provide for the suspen-
sion and revocation of State licenses; or 
(iv) does not make an individual, who 
is ineligible for a license issued under title 
46, United States Code, ineligible for a 
State license; or 
(B) the Governor (or the Governor’s des-
ignee) fails to report pursuant to subsection (b), 
the Secretary shall terminate the agreement author-
ized by this section, provided that the Secretary pro-
vides written notice to the Governor of the State 60 
days in advance of termination. The findings of fact 
and conclusions of the Secretary, if based on a pre-
ponderance of the evidence, shall be conclusive. 
(2) The Governor of the State may terminate 
the agreement authorized by this section, provided
348 
that the Governor provides written notice to the Sec-
retary 60 days in advance of the termination date. 
(e) EXISTING AUTHORITY.—Nothing in this section 
shall affect or diminish the authority or jurisdiction of any 
Federal or State officer to investigate, or require reporting 
of, marine casualties. 
(f) DEFINITIONS.—For the purposes of this section, 
the term ‘‘uninspected passenger vessel’’ has the same 
meaning such term has in section 2101(42)(B) of title 46, 
United States Code. 
SEC. 1328. IMPROVEMENTS TO REDUCE HUMAN ERROR 
AND NEAR-MISS INCIDENTS. 
(a) REPORT.—Within 1 year after the date of enact-
ment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall transmit a report to 
the House of Representatives Committee on Transpor-
tation and Infrastructure and the Senate Committee on 
Commerce, Science, and Transportation that, using avail-
able data— 
(1) identifies the types of human errors that, 
combined, account for over 50 percent of all oils 
spills involving vessels that have been caused by 
human error in the past 10 years; 
(2) identifies the most frequent types of near- 
miss oil spill incidents involving vessels such as colli-
349 
sions, groundings, and loss of propulsion in the past 
10 years; 
(3) describes the extent to which there are gaps 
in the data with respect to the information required 
under paragraphs (1) and (2) and explains the rea-
son for those gaps; and 
(4) includes recommendations by the Secretary 
to address the identified types of errors and inci-
dents to address any such gaps in the data. 
(b) MEASURES.—Based on the findings contained in 
the report required by subsection (a), the Secretary shall 
take appropriate action, both domestically and at the 
International Maritime Organization, to reduce the risk 
of oil spills caused by human error. 
SEC. 1329. CONVEYANCE OF COAST GUARD PROPERTY IN 
PORTLAND, MAINE. 
Section 347 of the Maritime Transportation Security 
Act of 2002 (116 Stat. 2108; as amended by section 706 
of Public Law 109–347 (120 Stat. 1946)) is amended— 
(1) in subsection (c)(1), by striking ‘‘December 
31, 2009’’ and inserting ‘‘December 31, 2011’’; 
(2) in subsection (d)(1), by striking ‘‘its pro-
posed public aquarium’’ and inserting ‘‘a new build-
ing in compliance with the waterfront provisions of