IB 
Union Calendar No. 170 
111TH CONGRESS 
1ST SESSION H. R. 3619 
[Report No. 111–303, Part I] 
To authorize appropriations for the Coast Guard for fiscal year 2010, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2009 
Mr. OBERSTAR (for himself and Mr. CUMMINGS) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
OCTOBER 16, 2009 
Reported from the Committee on Transportation and Infrastructure with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
OCTOBER 16, 2009 
Referred to the Committee on Homeland Security for a period ending not 
later than October 16, 2009, for consideration of such provisions of the 
bill and amendment as fall within the jurisdiction of that committee pur-
suant to clause 1(i), rule X 
OCTOBER 16, 2009 
Committee on Homeland Security discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on September 22, 2009] 
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A BILL 
To authorize appropriations for the Coast Guard for fiscal 
year 2010, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Coast Guard Authorization Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title. 
TITLE I—AUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
TITLE II—COAST GUARD 
Sec. 201. Appointment of civilian Coast Guard judges. 
Sec. 202. Industrial activities. 
Sec. 203. Reimbursement for medical-related travel expenses. 
Sec. 204. Commissioned officers. 
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
(AFRH) system. 
Sec. 206. Grants to international maritime organizations. 
Sec. 207. Emergency leave retention authority. 
Sec. 208. Enforcement authority. 
Sec. 209. Repeal. 
Sec. 210. Merchant Mariner Medical Advisory Committee. 
Sec. 211. Reserve commissioned warrant officer to lieutenant program. 
Sec. 212. Enhanced status quo officer promotion system. 
Sec. 213. Laser Training System. 
Sec. 214. Coast Guard vessels and aircraft. 
Sec. 215. Coast Guard District Ombudsmen. 
Sec. 216. Coast Guard commissioned officers: compulsory retirement. 
Sec. 217. Enforcement of coastwise trade laws. 
Sec. 218. Academy nominations. 
Sec. 219. Report on sexual assaults in the Coast Guard. 
Sec. 220. Home port of Coast Guard vessels in Guam. 
Sec. 221. Minority serving institutions. 
TITLE III—SHIPPING AND NAVIGATION 
Sec. 301. Goods and services. 
Sec. 302. Seaward extension of anchorage grounds jurisdiction. 
Sec. 303. Maritime Drug Law Enforcement Act amendment-simple possession. 
Sec. 304. Technical amendments to tonnage measurement law. 
Sec. 305. Adjustment of liability limits for natural gas deepwater ports. 
Sec. 306. Period of limitations for claims against Oil Spill Liability Trust Fund. 
Sec. 307. Merchant mariner document standards. 
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Sec. 308. Report on Coast Guard determinations. 
Sec. 309. Ship emission reduction technology demonstration project. 
Sec. 310. Phaseout of vessels supporting oil and gas development. 
Sec. 311. Arctic marine shipping assessment implementation. 
Sec. 312. Supplemental positioning system. 
Sec. 313. Dual escort vessels for double hulled tankers in Prince William Sound, 
Alaska. 
TITLE IV—GREAT LAKES ICEBREAKER 
Sec. 401. Short title. 
Sec. 402. Findings. 
Sec. 403. Authorization of appropriations. 
TITLE V—ACQUISITION REFORM 
Sec. 501. Short title. 
Sec. 502. Definitions. 
Subtitle A—Restrictions on the Use of Lead Systems Integrators 
Sec. 511. Procurement structure. 
Subtitle B—Coast Guard Acquisition Policy 
Sec. 521. Operational requirements. 
Sec. 522. Required contract terms. 
Sec. 523. Life-cycle cost estimates. 
Sec. 524. Test and evaluation. 
Sec. 525. Capability standards. 
Sec. 526. Acquisition program reports. 
Sec. 527. Undefinitized contractual actions. 
Sec. 528. Guidance on excessive pass-through charges. 
Sec. 529. Acquisition of major capabilities: Alternatives analysis. 
Sec. 530. Cost overruns and delays. 
Sec. 531. Report on former Coast Guard officials employed by contractors to the 
agency. 
Sec. 532. Department of Defense consultation. 
Subtitle C—Coast Guard Personnel 
Sec. 541. Chief Acquisition Officer. 
Sec. 542. Improvements in Coast Guard acquisition management. 
Sec. 543. Recognition of Coast Guard personnel for excellence in acquisition. 
Sec. 544. Coast Guard acquisition workforce expedited hiring authority. 
TITLE VI—MARITIME WORKFORCE DEVELOPMENT 
Sec. 601. Short title. 
Sec. 602. Maritime education loan program. 
TITLE VII—COAST GUARD MODERNIZATION 
Sec. 701. Short title. 
Subtitle A—Coast Guard Leadership 
Sec. 711. Admirals and Vice Admirals. 
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Subtitle B—Marine Safety Administration 
Sec. 721. Marine safety. 
Sec. 722. Marine safety staff. 
Sec. 723. Marine safety mission priorities and long-term goals. 
Sec. 724. Powers and duties. 
Sec. 725. Appeals and waivers. 
Sec. 726. Coast Guard Academy. 
Sec. 727. Report regarding civilian marine inspectors. 
TITLE VIII—MARINE SAFETY 
Sec. 801. Short title. 
Sec. 802. Vessel size limits. 
Sec. 803. Cold weather survival training. 
Sec. 804. Fishing vessel safety. 
Sec. 805. Mariner records. 
Sec. 806. Deletion of exemption of license requirement for operators of certain 
towing vessels. 
Sec. 807. Log books. 
Sec. 808. Safe operations and equipment standards. 
Sec. 809. Approval of survival craft. 
Sec. 810. Safety management. 
Sec. 811. Protection against discrimination. 
Sec. 812. Oil fuel tank protection. 
Sec. 813. Oaths. 
Sec. 814. Duration of credentials. 
Sec. 815. Fingerprinting. 
Sec. 816. Authorization to extend the duration of licenses, certificates of registry, 
and merchant mariners’ documents. 
Sec. 817. Merchant mariner documentation. 
Sec. 818. Merchant mariner assistance report. 
Sec. 819. Offshore supply vessels. 
Sec. 820. Associated equipment. 
Sec. 821. Lifesaving devices on uninspected vessels. 
Sec. 822. Study of blended fuels in marine application. 
Sec. 823. Renewal of advisory committees. 
TITLE IX—CRUISE VESSEL SAFETY 
Sec. 901. Short title. 
Sec. 902. Findings. 
Sec. 903. Cruise vessel security and safety requirements. 
Sec. 904. Study and report on the security needs of passenger vessels. 
TITLE X—UNITED STATES MARINER PROTECTION 
Sec. 1001. Short title. 
Sec. 1002.
Use force against piracy. 
Sec. 1003. Agreements. 
TITLE XI—PORT SECURITY 
Sec. 1101. Maritime homeland security public awareness program. 
Sec. 1102. Transportation Worker Identification Credential. 
Sec. 1103. Review of interagency operational centers. 
Sec. 1104. Maritime security response teams. 
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Sec. 1105. Coast Guard detection canine team program expansion. 
Sec. 1106. Coast Guard port assistance program. 
Sec. 1107. Maritime biometric identification. 
Sec. 1108. Review of potential threats. 
Sec. 1109. Port security pilot. 
Sec. 1110.
Seasonal workers. 
Sec. 1111. Comparative risk assessment of vessel-based and facility-based liquefied 
natural gas regasification processes. 
Sec. 1112. Pilot Program for fingerprinting of maritime workers. 
Sec. 1113. Transportation security cards on vessels. 
Sec. 1114. International labor study. 
Sec. 1115. Maritime Security Advisory Committees. 
Sec. 1116. Seamen’s shoreside access. 
Sec. 1117. Waterside security around especially hazardous material terminals 
and tankers. 
Sec. 1118. Review of Liquefied Natural Gas Facilities. 
Sec. 1119. Use of secondary authentication for transportation security cards. 
Sec. 1120. Report on State and local law enforcement augmentation of Coast 
Guard resources with respect to security zones and United States 
ports. 
Sec. 1121. Assessment of transportation security card enrollment sites. 
TITLE XII—ALIEN SMUGGLING 
Sec. 1201. Short title. 
Sec. 1202. Findings. 
Sec. 1203. Checks against terrorist watchlist. 
Sec. 1204. Strengthening prosecution and punishment of alien smugglers. 
Sec. 1205. Maritime law enforcement. 
Sec. 1206. Amendment to the sentencing guidelines. 
TITLE XIII—MISCELLANEOUS PROVISIONS 
Sec. 1301. Certificate of documentation for GALLANT LADY. 
Sec. 1302. Waivers. 
Sec. 1303. Great Lakes Maritime Research Institute. 
Sec. 1304. Conveyance of Coast Guard Boat House, Nantucket, Massachusetts. 
Sec. 1305. Crew wages on passenger vessels. 
Sec. 1306. Technical corrections. 
Sec. 1307. Conveyance of decommissioned Coast Guard Cutter STORIS. 
Sec. 1308. Conveyance of Coast Guard HU–25 Falcon Jet aircraft. 
Sec. 1309. Decommissioned Coast Guard vessels for Haiti. 
Sec. 1310. Phaseout of vessels supporting oil and gas development. 
Sec. 1311. Vessel traffic risk assessment. 
Sec. 1312. Study of relocation of Coast Guard Sector Buffalo facilities. 
Sec. 1313. Conveyance of Coast Guard vessels to Mississippi. 
Sec. 1314. Coast Guard assets for United States Virgin Islands. 
Sec. 1315. Officer requirements for distant water tuna vessels. 
Sec. 1316. Assessment of needs for additional Coast Guard presence in high lati-
tude regions. 
Sec. 1317. Study of regional response vessel and salvage capability for Olympic 
Peninsula coast, Washington. 
Sec. 1318. Study of bridges over navigable waters. 
Sec. 1319. Limitation on jurisdiction of States to tax certain seamen. 
Sec. 1320. Decommissioned Coast Guard vessels for Bermuda. 
Sec. 1321. Conveyance of Coast Guard vessels to Nassau County, New York. 
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Sec. 1322. Newtown Creek, New York City, New York. 
Sec. 1323. Land conveyance, Coast Guard property in Marquette County, Michi-
gan, to the City of Marquette, Michigan. 
Sec. 1324. Mission requirement analysis for navigable portions of the Rio Grande 
River, Texas, international water boundary. 
Sec. 1325. Conveyance of Coast Guard property in Cheboygan, Michigan. 
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for fiscal year 
2010 for necessary expenses of the Coast Guard as follows: 
(1) For the operation and maintenance of the 
Coast Guard, $6,838,291,000, of which— 
(A) $24,500,000 is authorized to be derived 
from the Oil Spill Liability Trust Fund to carry 
out the purposes of section 1012(a)(5) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); 
(B) $1,110,923,000 shall be available only 
for paying for search and rescue programs; 
(C) $802,423,000 shall be available only for 
paying for marine safety programs; and 
(D) $2,274,312,000 shall be available only 
for paying for ports, waterways, and coastal se-
curity. 
(2) For the acquisition, construction, rebuilding, 
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto, $1,597,580,000, of which— 
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(A) $20,000,000 shall be derived from the 
Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollu-
tion Act of 1990, to remain available until ex-
pended; 
(B) $1,194,780,000 is authorized for the In-
tegrated Deepwater System Program; and 
(C) $45,000,000 is authorized for shore fa-
cilities and aids to navigation. 
(3) To the Commandant of the Coast Guard for 
research, development, test, and evaluation of tech-
nologies, materials, and human factors directly relat-
ing to improving the performance of the Coast 
Guard’s mission in search and rescue, aids to naviga-
tion, marine safety, marine environmental protection, 
enforcement of laws and treaties, ice operations, 
oceanographic 
research, 
and 
defense 
readiness, 
$29,745,000, to remain available until expended, of 
which $500,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of sec-
tion 1012(a)(5) of the Oil Pollution Act of 1990. 
(4) For retired pay (including the payment of 
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired 
Serviceman’s Family Protection and Survivor Benefit 
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Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title 
10, United States Code, $1,361,245,000, to remain 
available until expended. 
(5) For alteration or removal of bridges over 
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Bridge Alter-
ation Program, $16,000,000. 
(6) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and 
equipment associated with operation and mainte-
nance), $13,198,000, to remain available until ex-
pended. 
(7) For the Coast Guard Reserve program, in-
cluding personnel and training costs, equipment, and 
services, $133,632,000. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is 
authorized an end-of-year strength for active duty personnel 
of 47,000 for the fiscal year ending on September 30, 2010. 
(b) MILITARY TRAINING STUDENT LOADS.—For fiscal 
year 2010, the Coast Guard is authorized average military 
training student loads as follows: 
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(1) For recruit and special training, 2,500 stu-
dent years. 
(2) For flight training, 165 student years. 
(3) For professional training in military and ci-
vilian institutions, 350 student years. 
(4) For officer acquisition, 1,200 student years. 
TITLE II—COAST GUARD 
SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD 
JUDGES. 
(a) IN GENERAL.—Chapter 7 of title 14, United States 
Code, is amended by adding at the end the following: 
‘‘§ 153. Appointment of judges 
‘‘The Secretary may appoint civilian employees of the 
Department in which the Coast Guard is operating as ap-
pellate military judges, available for assignment to the 
Coast Guard Court of Criminal Appeals as provided for 
in section 866(a) of title 10.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘153. Appointment of judges.’’. 
SEC. 202. INDUSTRIAL ACTIVITIES. 
Section 151 of title 14, United States Code, is amend-
ed— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘All orders’’; and 
(2) by adding at the end the following: 
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‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL AC-
TIVITIES.—Under this section, the Coast Guard industrial 
activities may accept orders from and enter into reimburs-
able agreements with establishments, agencies, and depart-
ments of the Department of Defense.’’. 
SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAV-
EL EXPENSES. 
(a) IN GENERAL.—Chapter 13 of title 14, United 
States Code, is amended by adding at the end the following: 
‘‘§ 518. Reimbursement for medical-related travel ex-
penses for certain persons residing on is-
lands in the continental United States 
‘‘In any case in which a covered beneficiary (as de-
fined in section 1072(5) of title 10) resides on an island 
that is located in the 48 contiguous States and the District 
of Columbia and that lacks public access roads to the main-
land and is referred by a primary care physician to a spe-
cialty care provider (as defined in section 1074i(b) of title 
10) on the mainland who provides services less than 100 
miles from the location where the beneficiary resides, the 
Secretary shall reimburse the reasonable travel expenses of 
the covered beneficiary and, when accompaniment by an 
adult is necessary, for a parent or guardian of the covered 
beneficiary or another member of the covered beneficiary’s 
family who is at least 21 years of age.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘518. Reimbursement for medical-related travel expenses for certain persons resid-
ing on islands in the continental United States.’’. 
SEC. 204. COMMISSIONED OFFICERS. 
(a) ACTIVE DUTY PROMOTION LIST.—Section 42 of 
title 14, United States Code, is amended to read as follows: 
‘‘§ 42. Number and distribution of commissioned offi-
cers on active duty promotion list 
‘‘(a) MAXIMUM TOTAL NUMBER.—The total number of 
Coast Guard commissioned officers on the active duty pro-
motion list, excluding warrant officers, shall not exceed 
6,700; except that the Commandant may temporarily in-
crease that number by up to 2 percent for no more than 
60 days following the date of the commissioning of a Coast 
Guard Academy class. 
‘‘(b) DISTRIBUTION PERCENTAGES BY GRADE.— 
‘‘(1) REQUIRED.—The total number of commis-
sioned officers authorized by this section shall be dis-
tributed in grade in the following percentages: 0.375 
percent for rear admiral; 0.375 percent for rear admi-
ral (lower half); 6.0 percent for captain; 15.0 percent 
for commander; and 22.0 percent for lieutenant com-
mander. 
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‘‘(2) DISCRETIONARY.—The Secretary shall pre-
scribe the percentages applicable to the grades of lieu-
tenant, lieutenant (junior grade), and ensign. 
‘‘(3) AUTHORITY
OF
SECRETARY
TO
REDUCE 
PERCENTAGE.—The Secretary— 
‘‘(A) may reduce, as the needs of the Coast 
Guard require, any of the percentages set forth 
in paragraph (1); and 
‘‘(B) shall apply that total percentage re-
duction to any other lower grade or combination 
of lower grades. 
‘‘(c) COMPUTATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall compute, 
at least once each year, the total number of commis-
sioned officers authorized to serve in each grade by 
applying the grade distribution percentages estab-
lished by or under this section to the total number of 
commissioned officers listed on the current active duty 
promotion list. 
‘‘(2) ROUNDING
FRACTIONS.—Subject to sub-
section (a), in making the computations under para-
graph (1), any fraction shall be rounded to the near-
est whole number. 
‘‘(3) TREATMENT
OF
OFFICERS
SERVING
OUT-
SIDE COAST GUARD.—The number of commissioned 
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officers on the active duty promotion list below the 
rank of rear admiral (lower half) serving with other 
Federal departments or agencies on a reimbursable 
basis or excluded under section 324(d) of title 49 shall 
not be counted against the total number of commis-
sioned officers authorized to serve in each grade. 
‘‘(d) USE OF NUMBERS; TEMPORARY INCREASES.— 
The numbers resulting from computations under subsection 
(c) shall be, for all purposes, the authorized number in each 
grade; except that the authorized number for a grade is tem-
porarily increased during the period between one computa-
tion and the next by the number of officers originally ap-
pointed in that grade during that period and the number 
of officers of that grade for whom vacancies exist in the next 
higher grade but whose promotion has been delayed for any 
reason. 
‘‘(e) OFFICERS SERVING COAST GUARD ACADEMY AND 
RESERVE.—The number of officers authorized to be serving 
on active duty in each grade of the permanent commis-
sioned teaching staff of the Coast Guard Academy and of 
the Reserve serving in connection with organizing, admin-
istering, recruiting, instructing, or training the reserve 
components shall be prescribed by the Secretary.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chapter 
3 of such title is amended by striking the item relating to 
section 42 and inserting the following: 
‘‘42. Number and distribution of commissioned officers on active duty promotion 
list.’’. 
SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED 
FORCES RETIREMENT HOME (AFRH) SYSTEM. 
(a) IN GENERAL.—Section 1502 of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 401) is amend-
ed— 
(1) by striking paragraph (4); 
(2) in paragraph (5)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (C); 
(B) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and 
(C) by inserting at the end the following: 
‘‘(E) the Assistant Commandant of the 
Coast Guard for Human Resources.’’; and 
(3) by adding at the end of paragraph (6) the 
following: 
‘‘(E) The Master Chief Petty Officer of the 
Coast Guard.’’. 
(b) CONFORMING AMENDMENTS.—(1) Section 2772 of 
title 10, United States Code, is amended— 
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(A) in subsection (a) by inserting ‘‘or, in the 
case of the Coast Guard, the Commandant’’ after 
‘‘concerned’’; and 
(B) by striking subsection (c). 
(2) Section 1007(i) of title 37, United States Code, is 
amended— 
(A) in paragraph (3) by inserting ‘‘or, in the 
case of the Coast Guard, the Commandant’’ after 
‘‘Secretary of Defense’’; 
(B) by striking paragraph (4); and 
(C) by redesignating paragraph (5) as para-
graph (4). 
SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANI-
ZATIONS. 
Section 149 of title 14, United States Code, is amended 
by adding at the end the following: 
‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGANI-
ZATIONS.—After consultation with the Secretary of State, 
the Commandant may make grants to, or enter into cooper-
ative agreements, contracts, or other agreements with, inter-
national maritime organizations for the purpose of acquir-
ing information or data about merchant vessel inspections, 
security, safety, classification, and port state or flag state 
law enforcement or oversight.’’. 
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SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY. 
(a) IN GENERAL.—Chapter 11 of title 14, United 
States Code, is amended by inserting after section 425 the 
following: 
‘‘§ 426. Emergency leave retention authority 
‘‘With regard to a member of the Coast Guard who 
serves on active duty, a duty assignment in support of a 
declaration of a major disaster or emergency by the Presi-
dent under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall 
be treated, for the purpose of section 701(f)(2) of title 10, 
a duty assignment in support of a contingency operation.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating to 
section 425 the following new item: 
‘‘426. Emergency leave retention authority.’’. 
SEC. 208. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.—Chapter 5 of title 14, United States 
Code, is amended by adding at the end the following: 
‘‘§ 99. Enforcement authority 
‘‘Subject to guidelines approved by the Secretary, 
members of the Coast Guard, in the performance of official 
duties, may— 
‘‘(1) carry a firearm; and 
‘‘(2) while at a facility (as defined in section 
70101 of title 46)— 
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‘‘(A) make an arrest without warrant for 
any offense against the United States committed 
in their presence; and 
‘‘(B) seize property as otherwise provided 
by law.’’. 
(b) CONFORMING REPEAL.—The first section added to 
title 46, United States Code, by the amendment made by 
subsection (a) of section 801 of the Coast Guard and Mari-
time Transportation Act of 2004 (118 Stat. 1078), and the 
item relating to such first section enacted by the amendment 
made by subsection (b) of such section 801, are repealed. 
(c) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘99. Enforcement authority.’’. 
SEC. 209. REPEAL. 
Section 216 of title 14, United States Code, and the 
item relating to such section in the analysis for chapter 11 
of such title, are repealed. 
SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COM-
MITTEE. 
(a) IN GENERAL.—Chapter 71 of title 46, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 7115. Merchant Mariner Medical Advisory Com-
mittee 
‘‘(a) ESTABLISHMENT.— 
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‘‘(1) IN GENERAL.—There is established a Mer-
chant Mariner Medical Advisory Committee (in this 
section referred to as the ‘Committee’). 
‘‘(2) FUNCTIONS.—The Committee shall advise 
the Secretary on matters relating to— 
‘‘(A) medical certification determinations 
for issuance of merchant mariner credentials; 
‘‘(B) medical standards and guidelines for 
the physical qualifications of operators of com-
mercial vessels; 
‘‘(C) medical examiner education; and 
‘‘(D) medical research. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall consist 
of 14 members, none of whom is a Federal employee, 
and shall include— 
‘‘(A) ten who are health-care professionals 
with particular expertise, knowledge, or experi-
ence regarding the medical examinations of mer-
chant mariners or occupational medicine; and 
‘‘(B) four who are professional mariners 
with knowledge and experience in mariner occu-
pational requirements. 
‘‘(2) STATUS
OF
MEMBERS.—Members of the 
Committee shall not be considered Federal employees 
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or otherwise in the service or the employment of the 
Federal Government, except that members shall be 
considered special Government employees, as defined 
in section 202(a) of title 18, United States Code, and 
shall be subject to any administrative standards of 
conduct applicable to the employees of the department 
in which the Coast Guard is operating. 
‘‘(c) APPOINTMENTS; TERMS; VACANCIES.— 
‘‘(1) APPOINTMENTS.—The Secretary shall ap-
point the members of the Committee, and each mem-
ber shall serve at the pleasure of the Secretary. 
‘‘(2) TERMS.—Each member shall be appointed 
for a term of three years, except that, of the members 
first appointed, three members shall be appointed for 
a term of two years and three members shall be ap-
pointed for a term of one year. 
‘‘(3) VACANCIES.—Any member appointed to fill 
the vacancy prior to the expiration of the term for 
which that member’s predecessor was appointed shall 
be appointed for the remainder of that term. 
‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The Secretary 
shall designate one member of the Committee as the Chair-
man and one member as the Vice Chairman. The Vice 
Chairman shall act as Chairman in the absence or inca-
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pacity of, or in the event of a vacancy in the office of, the 
Chairman. 
‘‘(e) COMPENSATION; REIMBURSEMENT.—Members of 
the Committee shall serve without compensation, except 
that, while engaged in the performance of duties away from 
their homes or regular places of business of the member, the 
member of the Committee may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5. 
‘‘(f) STAFF; SERVICES.—The Secretary shall furnish to 
the Committee the personnel and services as are considered 
necessary for the conduct of its business.’’. 
(b) FIRST MEETING.—No later than six months after 
the date of enactment of this Act, the Merchant Mariner 
Medical Advisory Committee established by the amendment 
made by this section shall hold its first meeting. 
(c) CLERICAL AMENDMENT.—The analysis for chapter 
71 of that title is amended by adding at the end the fol-
lowing: 
‘‘7115. Merchant Mariner Medical Advisory Committee.’’. 
SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO 
LIEUTENANT PROGRAM. 
Section 214(a) of title 14, United States Code, is 
amended to read as follows: 
‘‘(a) The president may appoint temporary commis-
sioned officers— 
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‘‘(1) in the Regular Coast Guard in a grade, not 
above lieutenant, appropriate to their qualifications, 
experience, and length of service, as the needs of the 
Coast Guard may require, from among the commis-
sioned warrant officers, warrant officers, and enlisted 
members of the Coast Guard, and from holders of li-
censes issued under chapter 71 of title 46; and 
‘‘(2) in the Coast Guard Reserve in a grade, not 
above lieutenant, appropriate to their qualifications, 
experience, and length of service, as the needs of the 
Coast Guard may require, from among the commis-
sioned warrant officers of the Coast Guard Reserve.’’. 
SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION 
SYSTEM. 
Chapter 11 of title 14, United States Code, is amend-
ed— 
(1) in section 253(a)— 
(A) by inserting ‘‘and’’ after ‘‘considered,’’; 
and 
(B) by striking ‘‘, and the number of offi-
cers the board may recommend for promotion’’; 
(2) in section 258— 
(A) by inserting ‘‘(a) IN GENERAL.—’’ be-
fore the existing text; 
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(B) in subsection (a) (as so designated) by 
striking the colon at the end of the material pre-
ceding paragraph (1) and inserting ‘‘—’’; and 
(C) by adding at the end the following: 
‘‘(b) PROVISION OF DIRECTION AND GUIDANCE.— 
‘‘(1) In addition to the information provided 
pursuant to subsection (a), the Secretary may furnish 
the selection board— 
‘‘(A) specific direction relating to the needs 
of the Coast Guard for officers having particular 
skills, including direction relating to the need for 
a minimum number of officers with particular 
skills within a specialty; and 
‘‘(B) any other guidance that the Secretary 
believes may be necessary to enable the board to 
properly perform its functions. 
‘‘(2) Selections made based on the direction and 
guidance provided under this subsection shall not ex-
ceed the maximum percentage of officers who may be 
selected from below the announced promotion zone at 
any given selection board convened under section 251 
of this title.’’; 
(3) in section 259(a), by inserting after ‘‘whom 
the board’’ the following: ‘‘, giving due consideration 
to the needs of the Coast Guard for officers with par-
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ticular skills so noted in specific direction furnished 
to the board by the Secretary under section 258 of 
this title,’’; and 
(4) in section 260(b), by inserting after ‘‘quali-
fied for promotion’’ the following: ‘‘to meet the needs 
of the service (as noted in specific direction furnished 
the board by the Secretary under section 258 of this 
title)’’. 
SEC. 213. LASER TRAINING SYSTEM. 
(a) IN GENERAL.—Within one year after the date of 
enactment of this Act, the Secretary of the department in 
which the Coast Guard shall test an integrated laser engage-
ment system for the training of members of the Coast Guard 
assigned to small vessels in the use of individual weapons 
and machine guns on those vessels. The test shall be con-
ducted on vessels on the Great Lakes using similar laser 
equipment used by other Federal agencies. However, that 
equipment shall be adapted for use in the marine environ-
ment. 
(b) REPORT.—The Secretary shall submit a report to 
the Committee on Transportation and Infrastructure and 
the Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate within 6 months after the con-
clusions of the test required under subsection (a) on the costs 
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and benefits of using the system regionally and nationwide 
to train members of the Coast Guard in the use of indi-
vidual weapons and machine guns. 
SEC. 214. COAST GUARD VESSELS AND AIRCRAFT. 
(a) AUTHORITY TO FIRE AT OR INTO A VESSEL.— 
Section 637(c) of title 14, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘; or’’ and in-
serting a semicolon; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) any other vessel or aircraft on government 
noncommercial service when— 
‘‘(A) the vessel or aircraft is under the tac-
tical control of the Coast Guard; and 
‘‘(B) at least one member of the Coast 
Guard is assigned and conducting a Coast 
Guard mission on the vessel or aircraft.’’. 
(b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS 
AND PENNANTS.—Section 638(a) of title 14, United States 
Code, is amended by striking ‘‘Coast Guard vessels and air-
craft’’ and inserting ‘‘Vessels and aircraft authorized by the 
Secretary’’. 
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SEC. 215. COAST GUARD DISTRICT OMBUDSMEN. 
(a) IN GENERAL.—Chapter 3 of title 14, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 55. District Ombudsmen 
‘‘(a) IN GENERAL.—The Commandant shall appoint 
an employee of the Coast Guard in each Coast Guard Dis-
trict as a District Ombudsman to serve as a liaison between 
ports, terminal operators, shipowners, and labor representa-
tives and the Coast Guard. 
‘‘(b) PURPOSE.—The purpose of the District Ombuds-
man shall be the following: 
‘‘(1) To support the operations of the Coast 
Guard in each port in the District for which the Dis-
trict Ombudsman is appointed. 
‘‘(2) To improve communications between and 
among port stakeholders including, port and terminal 
operators, ship owners, labor representatives, and the 
Coast Guard. 
‘‘(3) To seek to resolve disputes between the Coast 
Guard and all petitioners regarding requirements im-
posed or services provided by the Coast Guard. 
‘‘(c) FUNCTIONS.— 
‘‘(1) COMPLAINTS.—The District Ombudsman 
may examine complaints brought to the attention of 
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the District Ombudsman by a petitioner operating in 
a port or by Coast Guard personnel. 
‘‘(2) GUIDELINES FOR DISPUTES.— 
‘‘(A) IN GENERAL.—The District Ombuds-
man shall develop guidelines regarding the types 
of disputes with respect to which the District 
Ombudsman will provide assistance. 
‘‘(B) LIMITATION.—The District Ombuds-
man shall not provide assistance with respect to 
a dispute unless it involves the impact of Coast 
Guard requirements on port business and the 
flow of commerce. 
‘‘(C) PRIORITY.—In providing such assist-
ance, the District Ombudsman shall give priority 
to complaints brought by petitioners who believe 
they will suffer a significant hardship as the re-
sult of implementing a Coast Guard requirement 
or being denied a Coast Guard service. 
‘‘(3) CONSULTATION.—The District Ombudsman 
may consult with any Coast Guard personnel who 
can aid in the investigation of a complaint. 
‘‘(4) ACCESS
TO
INFORMATION.—The District 
Ombudsman shall have access to any Coast Guard 
document, including any record or report, that will 
aid the District Ombudsman in obtaining the infor-
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mation needed to conduct an investigation of a com-
pliant. 
‘‘(5) REPORTS.—At the conclusion of an inves-
tigation, the District Ombudsman shall submit a re-
port on the findings and recommendations of the Dis-
trict Ombudsman, to the Commander of the District 
in which the petitioner who brought the complaint is 
located or operating. 
‘‘(6) DEADLINE.—The District Ombudsman shall 
seek to resolve each complaint brought in accordance 
with the guidelines— 
‘‘(A) in a timely fashion; and 
‘‘(B) not later than 4 months after the com-
plaint is officially accepted by the District Om-
budsman. 
‘‘(d) APPOINTMENT.—The Commandant shall appoint 
as the District Ombudsman a civilian who has experience 
in port and transportation systems and knowledge of port 
operations or of maritime commerce (or both). 
‘‘(e) ANNUAL REPORTS.—The Secretary shall report 
annually to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
on the matters brought before the District Ombudsmen, in-
cluding— 
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‘‘(1) the number of matters brought before each 
District Ombudsman; 
‘‘(2) a brief summary of each such matter; and 
‘‘(3) the eventual resolution of each such mat-
ter.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of that chapter is amended by adding at the end 
the following new item: 
‘‘55. District Ombudsmen.’’. 
SEC. 216. COAST GUARD COMMISSIONED OFFICERS: COM-
PULSORY RETIREMENT. 
(a) IN GENERAL.—Chapter 11 of title 14, United 
States Code, is amended by striking section 293 and insert-
ing the following: 
‘‘§ 293. Compulsory retirement 
‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any reg-
ular commissioned officer, except a commissioned warrant 
officer, serving in a grade below rear admiral (lower half) 
shall be retired on the first day of the month following the 
month in which the officer becomes 62 years of age. 
‘‘(b) FLAG-OFFICER GRADES.—(1) Except as provided 
in paragraph (2), any regular commissioned officer serving 
in a grade of rear admiral (lower half) or above shall be 
retired on the first day of the month following the month 
in which the officer becomes 64 years of age. 
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‘‘(2) The retirement of an officer under paragraph (1) 
may be deferred— 
‘‘(A) by the President, but such a deferment may 
not extend beyond the first day of the month following 
the month in which the officer becomes 68 years of 
age; or 
‘‘(B) by the Secretary of the department in 
which the Coast Guard is operating, but such a 
deferment may not extend beyond the first day of the 
month following the month in which the officer be-
comes 66 years of age.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by striking the item 
relating to such section and inserting the following: 
‘‘293. Compulsory retirement.’’. 
SEC. 217. ENFORCEMENT OF COASTWISE TRADE LAWS. 
(a) IN GENERAL.—Chapter 5 of title 14, United States 
Code, is further amended by adding at the end the following: 
‘‘§ 100. Enforcement of coastwise trade laws 
‘‘Officers and members of the Coast Guard are author-
ized to enforce chapter 551 of title 46. The Secretary shall 
establish a program for these officers and members to en-
force that chapter, including the application of those laws 
to vessels that support the exploration, development, and 
production of oil, gas, or mineral resources in the Gulf of 
Mexico.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for that 
chapter is further amended by adding at the end the fol-
lowing new item: 
‘‘100. Enforcement of coastwise trade laws.’’. 
(c) REPORT.—The Secretary of the department in 
which the Coast Guard is operating shall submit a report 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Senate Committee on 
Commerce, Science, and Transportation within one year 
after the date of enactment of this Act on the enforcement 
strategies and enforcement actions taken to enforce the 
coastwise trade laws. 
SEC. 218. ACADEMY NOMINATIONS. 
(a) APPOINTMENT.—Section 182(a) of title 14, United 
States Code, is amended to read as follows: 
‘‘(a) CORPS OF CADETS; NUMBER; NOMINATION.— 
‘‘(1) The authorized strength of the Corps of Ca-
dets (determined for any academic program year as 
of the day before the last day of the academic pro-
gram year) is 1,000, excluding those foreign nationals 
admitted for instructions pursuant to section 195. 
Subject to that limitation, cadets are selected as fol-
lows: 
‘‘(A) Not more than 10 individuals, ap-
pointed by the Secretary of Homeland Security, 
in order of merit as established by competitive 
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examination, from the children of members of the 
Armed Forces who were killed in action or died 
of, or have a service-connected disability at not 
less than 100 per centum resulting from, wounds 
or injuries received or diseases contracted in, or 
preexisting injury or disease aggravated by, ac-
tive service, children of members who are in a 
‘missing status’ (as defined in section 551(2) of 
title 37), and children of civilian employees who 
are in ‘missing status’ (as defined in section 
5561(5) of title 5). The determination of the De-
partment of Veterans Affairs as to service con-
nection of the cause of death or disability is 
rated, is binding upon the Secretary. 
‘‘(B) Not less than one, nominated at large 
by the Vice President or, if there is no Vice 
President, by the President pro tempore of the 
Senate. 
‘‘(C) Not less than one, nominated by each 
Senator. 
‘‘(D) Not less than one, nominated by each 
Representative in Congress. 
‘‘(E) Not less than one, nominated by the 
Delegate to the House of Representatives from the 
District of Columbia, the Delegate in Congress 
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from the Virgin Islands, the Resident Commis-
sioner from Puerto Rico, the Delegate in Con-
gress from Guam, the Delegate in Congress from 
American Samoa, or the Resident Representative 
from the Commonwealth of the Northern Mar-
iana Islands. 
Each Senator, Representative, and Delegate in Con-
gress, including the Resident Commissioner and the 
Resident Representative, is entitled to nominate 10 
persons each year. Cadets who do not graduate on 
time shall not count against the allocations pursuant 
to subparagraphs (B)–(E). Nominees may be sub-
mitted without ranking or with a principal candidate 
and 9 ranked or unranked alternates. A nominee not 
selected for appointment under this paragraph shall 
be considered an alternate for the purposes of ap-
pointment under paragraph (2). 
‘‘(2) The Secretary may appoint, each academic 
program year, individuals who are either— 
‘‘(A) alternates nominated pursuant to 
paragraph (1) (C), (D), or (E); or 
‘‘(B) applicants who applied directly for 
admission. 
‘‘(3) In addition, the Secretary may appoint, 
each academic program year, individuals who are— 
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‘‘(A) children of members of the Armed 
Forces who— 
‘‘(i) are on active duty (other than for 
training) and who have served continuously 
on active duty for at least eight years; 
‘‘(ii) are, or who died while they were, 
retired with pay or granted retired or re-
tainer pay; 
‘‘(iii) are serving as members of reserve 
components and are credited with at least 
eight years of service; 
‘‘(iv) would be, or who died while they 
would have been, entitled to retired pay, ex-
cept for not having attained 60 years of age; 
or 
‘‘(v) have been awarded the Medal of 
Honor; 
the total number of whom cannot exceed 5 per-
cent of the class to be admitted; however, a per-
son who is eligible for selection under subsection 
(a)(1)(A) may not be selected under this sub-
paragraph; 
‘‘(B) enlisted members of the Coast Guard 
or the Coast Guard Reserve, the total number of 
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whom cannot exceed 5 percent of the class to be 
admitted; 
‘‘(C) graduates of the Coast Guard Scholars 
program, the total number of whom cannot ex-
ceed 30 percent of the class to be admitted; and 
‘‘(D) individuals who possess qualities that 
the Superintendent identifies to be of particular 
value to the Academy and the Service, the total 
number of whom cannot exceed 20 percent of the 
class to be admitted. 
‘‘(4) An individual shall be qualified for nomi-
nation, selection, and appointment as a cadet at the 
Academy only if the individual— 
‘‘(A) is a citizen or national of the United 
States; and 
‘‘(B) meets such minimum requirements 
that the Secretary may establish. 
‘‘(5) The Superintendent shall furnish to any 
Member of Congress, upon the written request of such 
Member, the name of the Congressman or other nomi-
nating authority responsible for the nomination of 
any named or identified person for appointment to 
the Academy. 
‘‘(6) For purposes of the limitation in subsection 
(a)(1) establishing the aggregate authorized strength 
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of the Corps of Cadets, the Secretary may, for any 
academic program year, permit a variance in that 
limitation by not more than 5 percent. In applying 
that limitation, and any such variance, the last day 
of an academic program year shall be considered to 
be graduation day.’’. 
(b) TRANSITION.—This section shall provide for the 
nomination, selection, and appointment of individuals, 
pursuant to section 182 of title 14, United States Code, who 
will matriculate in academic program year 2012 and there-
after, except that for— 
(1) academic program year 2012, no less than 
135 cadets of the corps (or 14 percent of the corps, 
whichever is smaller) shall be from nominations made 
pursuant to section 182(a)(1)(B)–(E); 
(2) academic program year 2013, no less than 
270 cadets of the corps (or 27 percent of the corps, 
whichever is smaller) shall be from nominations made 
pursuant to section 182(a)(1)(B)–(E); and 
(3) academic program year 2014, no less than 
405 cadets of the corps (or 41 percent of the corps, 
which ever is smaller) shall be from nominations 
made pursuant to section 182(a)(1)(B)–(E). 
The Secretary is hereby authorized to take any additional 
action the Secretary believes necessary and proper to pro-
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vide for the transition to the nomination, selection, and ap-
pointment process provided under this section. 
(c) MINORITY RECRUITING PROGRAM.— 
(1) IN GENERAL.—Chapter 9 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 199. Minority recruiting program 
‘‘The Secretary of the department in which the Coast 
Guard is operating shall establish a minority recruiting 
program for prospective cadets at the Coast Guard Acad-
emy. The program may include— 
‘‘(1) use of minority cadets and officers to pro-
vide information regarding the Coast Guard and the 
Academy to students in high schools; 
‘‘(2) sponsoring of trips to high school teachers 
and guidance counselors to the Academy; 
‘‘(3) to the extent authorized by the Secretary of 
the Navy, maximizing the use of the Naval Academy 
Preparatory School to prepare students to be cadets 
at the Coast Guard Academy; 
‘‘(4) recruiting minority members of the Coast 
Guard to attend the Academy; 
‘‘(5) establishment of a minority affairs office at 
the Academy; and 
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‘‘(6) use of minority officers and members of the 
Coast Guard Reserve and Auxiliary to promote the 
Academy.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for that chapter is amended by adding at the 
end the following new item: 
‘‘199. Minority recruiting program.’’. 
SEC. 219. REPORT ON SEXUAL ASSAULTS IN THE COAST 
GUARD. 
(a) IN GENERAL.—Not later than January 15 of each 
year, the Commandant of the Coast Guard shall submit a 
report on the sexual assaults involving members of the Coast 
Guard to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate. 
(b) CONTENTS.—The report required under subsection 
(a) shall contain the following: 
(1) The number of sexual assaults against mem-
bers of the Coast Guard, and the number of sexual as-
saults by members of the Coast Guard, that were re-
ported to military officials during the year covered by 
such report, and the number of the cases so reported 
that were substantiated. 
(2) A synopsis of, and the disciplinary action 
taken in, each substantiated case. 
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(3) The policies, procedures, and processes imple-
mented by the Secretary concerned during the year 
covered by such report in response to incidents of sex-
ual assault involving members of the Coast Guard 
concerned. 
(4) A plan for the actions that are to be taken 
in the year following the year covered by such report 
on the prevention of and response to sexual assault 
involving members of the Coast Guard concerned. 
SEC. 220. HOME PORT OF COAST GUARD VESSELS IN GUAM. 
Section 96 of title 14, United States Code, is amend-
ed— 
(1) by striking ‘‘a State of the United States’’ 
and inserting ‘‘the United States or Guam’’; and 
(2) by inserting ‘‘or Guam’’ after ‘‘outside the 
United States’’. 
SEC. 221. MINORITY SERVING INSTITUTIONS. 
(a) MSI MANAGEMENT INTERNSHIP PROGRAM.— 
(1) ESTABLISHMENT AND PURPOSE.—The Com-
mandant of the Coast Guard shall establish a two 
part management internship program for students at 
minority serving institutions (MSI) to intern at 
Coast Guard headquarters or a Coast Guard regional 
office, to be known as the ‘‘MSI Management Intern-
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ship Program’’, to develop a cadre of civilian, career 
mid-level and senior managers for the Coast Guard. 
(2) OPERATION.—The MSI Management Intern-
ship Program shall be managed by the Secretary of 
Homeland Security, acting through the Commandant 
of the Coast Guard, in coordination with National 
Association for Equal Opportunity in Higher Edu-
cation, the Hispanic Association of Colleges and Uni-
versities, and the American Indian Higher Education 
Consortium and other non-profit educational organi-
zations that can undertake effective recruitment ef-
forts to attract minority students and students with 
disabilities. 
(3) CRITERIA FOR SELECTION.—Participation in 
the MSI Management Internship Program shall be 
open to sophomores, juniors, and seniors at minority 
serving institutions, with an emphasis on such stu-
dents who are majoring in management or business 
administration, 
international 
affairs, 
political 
science, marine sciences, criminal justice, or any 
other major related to homeland security. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated $2,000,000 to 
the Commandant to carry out this subsection. 
(b) MSI INITIATIVES.— 
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(1) ESTABLISHMENT OF MSI STUDENT PRE-COM-
MISSIONING
INITIATIVE.—The Commandant of the 
Coast Guard shall establish an MSI component of the 
College Student Pre-Commissioning Initiative (to be 
known as the ‘‘MSI Student Pre-Commissioning Ini-
tiative Program’’) to ensure greater participation by 
students from MSIs in the College Student Pre-Com-
missioning Initiative. 
(2) PARTICIPATION
IN
OFFICER
CANDIDATE 
SCHOOL.—The Commandant of the Coast Guard shall 
ensure that graduates of the MSI Student Pre-Com-
missioning Initiative Program are included in the 
first enrollment for Officer Candidate School that 
commences after the date of enactment of this Act and 
each enrollment period thereafter. 
(3) REPORTS.—Not later than 90 days after the 
conclusion of each academic year with respect to 
which the College Student Pre-Commissioning Initia-
tive and the MSI Student Pre-Commissioning Initia-
tive Program is carried out beginning with the first 
full academic year after the date of the enactment of 
this Act, the Commandant shall submit to the Com-
mittee on Transportation and Infrastructure and the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce of 
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the Senate a report on the number of students in the 
College Student Pre-Commissioning Initiative and the 
number of students in the MSI Student Pre-Commis-
sioning Initiative Program, outreach efforts, and de-
mographic information of enrollees including, age, 
gender, race, and disability. 
(4) ESTABLISHMENT OF MSI AVIATION OFFICER 
CORPS INITIATIVE.—The Commandant of the Coast 
Guard shall establish an MSI Aviation Officer Corps 
Initiative to increase the diversity of the Coast Guard 
Aviation Officer Corps through an integrated recruit-
ing, accession, training, and assignment process that 
offers guaranteed flight school opportunities to stu-
dents from minority serving institutions. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated $3,000,000 to 
the Commandant to carry out this subsection. 
(c) COAST GUARD-MSI COOPERATIVE TECHNOLOGY 
PROGRAM.— 
(1) ESTABLISHMENT.—The Commandant of the 
Coast Guard shall establish a Coast Guard Labora-
tory of Excellence-MSI Cooperative Technology Pro-
gram at three minority serving institutions to focus 
on priority security areas for the Coast Guard, such 
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as global maritime surveillance, resilience, and recov-
ery. 
(2) COLLABORATION.—The Commandant shall 
encourage collaboration among the minority serving 
institutions selected under paragraph (1) and institu-
tions of higher education with institutional research 
and academic program resources and experience. 
(3) PARTNERSHIPS.—The heads of the labora-
tories established at the minority serving institutions 
pursuant to paragraph (1) may seek to establish part-
nerships with the private sector, especially small, dis-
advantaged businesses, to— 
(A) develop increased research and develop-
ment capacity; 
(B) increase the number of baccalaureate 
and graduate degree holders in science, tech-
nology, engineering, mathematics (STEM), and 
information technology or other fields critical to 
the mission of the Coast Guard; and 
(C) strengthen instructional ability among 
faculty. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated $2,500,000 to 
the Commandant to carry out this subsection, includ-
ing for instrumentation acquisition and funding un-
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dergraduate student scholarships, graduate fellow-
ships, and faculty-post doctoral study. 
(d) DEFINITION.—For purposes of this section, the 
terms ‘‘minority serving institution’’, ‘‘minority serving in-
stitutions’’, and ‘‘MSI’’ mean a historically Black college 
or university (as defined in section 322 of the Higher Edu-
cation Act of 1965), a Hispanic-serving institution (as de-
fined in section 502 of such Act), a Tribal College or Uni-
versity (as defined in section 316 of such Act), a Predomi-
nantly Black institution (as defined in section 499A(c) of 
such Act), or a Native American-serving nontribal institu-
tion (as defined in section 499A(c) of such Act). 
TITLE III—SHIPPING AND 
NAVIGATION 
SEC. 301. GOODS AND SERVICES. 
Section 4(b) of the Act of July 5, 1884, commonly 
known as the Rivers and Harbors Appropriation Act of 
1884 (33 U.S.C. 5(b)), is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(2)(C); 
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
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‘‘(4) sales taxes on goods and services provided 
to or by vessels or watercraft (other than vessels or 
watercraft primarily engaged in foreign commerce).’’. 
SEC. 302. SEAWARD EXTENSION OF ANCHORAGE GROUNDS 
JURISDICTION. 
Section 7 of the Rivers and Harbors Appropriations 
Act of 1915 (33 U.S.C. 471) is amended— 
(1) by striking ‘‘That the’’ and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—The’’. 
(2) in subsection (a) (as designated by para-
graph (1)) by striking ‘‘$100; and the’’ and inserting 
‘‘up to $10,000. Each day during which a violation 
continues shall constitute a separate violation. The’’; 
and 
(3) by adding at the end the following: 
‘‘(b) DEFINITION.—As used in this section ‘navigable 
waters of the United States’ includes all waters of the terri-
torial sea of the United States as described in Presidential 
Proclamation No. 5928 of December 27, 1988.’’. 
SEC. 303. MARITIME DRUG LAW ENFORCEMENT ACT AMEND-
MENT-SIMPLE POSSESSION. 
Section 70506 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(c) SIMPLE POSSESSION.— 
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‘‘(1) IN GENERAL.—Any individual on a vessel 
subject to the jurisdiction of the United States who is 
found by the Secretary, after notice and an oppor-
tunity for a hearing, to have knowingly or inten-
tionally possessed a controlled substance within the 
meaning of the Controlled Substances Act (21 U.S.C. 
812) shall be liable to the United States for a civil 
penalty of not to exceed $10,000 for each violation. 
The Secretary shall notify the individual in writing 
of the amount of the civil penalty. 
‘‘(2) DETERMINATION
OF
AMOUNT.—In deter-
mining the amount of the penalty, the Secretary shall 
consider the nature, circumstances, extent, and grav-
ity of the prohibited acts committed and, with respect 
to the violator, the degree of culpability, any history 
of prior offenses, ability to pay, and other matters 
that justice requires. 
‘‘(3) TREATMENT
OF
CIVIL
PENALTY
ASSESS-
MENT.—Assessment of a civil penalty under this sub-
section shall not be considered a conviction for pur-
poses of State or Federal law but may be considered 
proof of possession if such a determination is rel-
evant.’’. 
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SEC. 304. TECHNICAL AMENDMENTS TO TONNAGE MEAS-
UREMENT LAW. 
(a) DEFINITIONS.—Section 14101(4) of title 46, 
United States Code, is amended— 
(1) by striking ‘‘engaged’’ the first place it ap-
pears and inserting ‘‘that engages’’; 
(2) in subparagraph (A), by striking ‘‘arriving’’ 
and inserting ‘‘that arrives’’; 
(3) in subparagraph (B)— 
(A) by striking ‘‘making’’ and inserting 
‘‘that makes’’; and 
(B) by striking ‘‘(except a foreign vessel en-
gaged on that voyage)’’; 
(4) in subparagraph (C), by striking ‘‘depart-
ing’’ and inserting ‘‘that departs’’; and 
(5) in subparagraph (D), by striking ‘‘making’’ 
and inserting ‘‘that makes’’. 
(b) DELEGATION OF AUTHORITY.—Section 14103(c) of 
that title is amended by striking ‘‘intended to be engaged 
on’’ and inserting ‘‘that engages on’’. 
(c) APPLICATION.—Section 14301 of that title is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) Except as otherwise provided in this section, this 
chapter applies to any vessel for which the application of 
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an international agreement or other law of the United 
States to the vessel depends on the vessel’s tonnage.’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking the period 
at the end and inserting ‘‘, unless the govern-
ment of the country to which the vessel belongs 
elects to measure the vessel under this chapter.’’; 
(B) in paragraph (3), by inserting ‘‘of 
United States or Canadian registry or nation-
ality, or a vessel operated under the authority of 
the United States or Canada, and that is’’ after 
‘‘vessel’’; 
(C) in paragraph (4), by striking ‘‘a vessel 
(except a vessel engaged’’ and inserting ‘‘a vessel 
of United States registry or nationality, or one 
operated under the authority of the United 
States (except a vessel that engages’’; 
(D) by striking paragraph (5); 
(E) by redesignating paragraph (6) as 
paragraph (5); and 
(F) by amending paragraph (5), as so re-
designated, to read as follows: 
‘‘(5) a barge of United States registry or nation-
ality, or a barge operated under the authority of the 
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United States (except a barge that engages on a for-
eign voyage) unless the owner requests.’’; 
(3) by striking subsection (c); 
(4) by redesignating subsections (d) and (e) as 
subsections (c) and (d), respectively; and 
(5) in subsection (c), as redesignated, by striking 
‘‘After July 18, 1994, an existing vessel (except an ex-
isting vessel referred to in subsection (b)(5)(A) or (B) 
of this section)’’ and inserting ‘‘An existing vessel that 
has not undergone a change that the Secretary finds 
substantially affects the vessel’s gross tonnage (or a 
vessel to which IMO Resolutions A.494 (XII) of No-
vember 19, 1981, A.540 (XIII) of November 17, 1983, 
or A.541 (XIII) of November 17, 1983, apply)’’. 
(d) MEASUREMENT.—Section 14302(b) of that title is 
amended to read as follows: 
‘‘(b) A vessel measured under this chapter may not be 
required to be measured under another law.’’. 
(e) TONNAGE CERTIFICATE.— 
(1) ISSUANCE.—Section 14303 of title 46, United 
States Code, is amended— 
(A) in subsection (a), by adding at the end 
the following: ‘‘For a vessel to which the Conven-
tion does not apply, the Secretary shall prescribe 
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a certificate to be issued as evidence of a vessel’s 
measurement under this chapter.’’; 
(B) in subsection (b), by inserting ‘‘issued 
under this section’’ after ‘‘certificate’’; and 
(C) in the section heading by striking 
‘‘International’’ and ‘‘(1969)’’. 
(2) MAINTENANCE.—Section 14503 of that title 
is amended— 
(A) by designating the existing text as sub-
section (a); and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) The certificate shall be maintained as required by 
the Secretary.’’. 
(3) CLERICAL AMENDMENT.—The analysis at the 
beginning of chapter 143 of that title is amended by 
striking the item relating to section 14303 and insert-
ing the following: 
‘‘14303. Tonnage Certificate.’’. 
(f) OPTIONAL REGULATORY MEASUREMENT.—Section 
14305(a) of that title is amended by striking ‘‘documented 
vessel measured under this chapter,’’ and inserting ‘‘vessel 
measured under this chapter that is of United States reg-
istry or nationality, or a vessel operated under the author-
ity of the United States,’’. 
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(g) APPLICATION.—Section 14501 of that title is 
amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) A vessel not measured under chapter 143 of 
this title if the application of an international agree-
ment or other law of the United States to the vessel 
depends on the vessel’s tonnage.’’; and 
(2) in paragraph (2), by striking ‘‘a vessel’’ and 
inserting ‘‘A vessel’’. 
(h) 
DUAL
TONNAGE
MEASUREMENT.—Section 
14513(c) of that title is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘vessel’s tonnage mark is 
below the uppermost part of the load line 
marks,’’ and inserting ‘‘vessel is assigned two 
sets of gross and net tonnages under this sec-
tion,’’; and 
(B) by inserting ‘‘vessel’s tonnage’’ before 
‘‘mark’’ the second place such term appears; and 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘as assigned under this sec-
tion.’’. 
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(i) RECIPROCITY
FOR
FOREIGN
VESSELS.—Sub-
chapter II of chapter 145 of that title is amended by adding 
at the end the following: 
‘‘§ 14514. Reciprocity for foreign vessels 
‘‘For a foreign vessel not measured under chapter 143, 
if the Secretary finds that the laws and regulations of a 
foreign country related to measurement of vessels are sub-
stantially similar to those of this chapter and the regula-
tions prescribed under this chapter, the Secretary may ac-
cept the measurement and certificate of a vessel of that for-
eign country as complying with this chapter and the regula-
tions prescribed under this chapter.’’. 
(j) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 145 of such title is amended by adding 
at the end the following: 
‘‘14514. Reciprocity for foreign vessels.’’. 
SEC. 305. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL 
GAS DEEPWATER PORTS. 
Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 
U.S.C. 2704(d)(2)) is amended by adding at the end the 
following: 
‘‘(D) The Secretary may establish, by regu-
lation, a limit of liability of not less than 
$12,000,000 for a deepwater port used only in 
connection with transportation of natural gas.’’. 
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SEC. 306. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST 
OIL SPILL LIABILITY TRUST FUND. 
Section 1012(h)(1) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(h)(1)) is amended by striking ‘‘6’’ and insert-
ing ‘‘3’’. 
SEC. 307. MERCHANT MARINER DOCUMENT STANDARDS. 
Not later than 270 days after the date of enactment 
of this Act, the Secretary of the department in which the 
Coast Guard is operating shall submit to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate— 
(1) a plan to ensure that the process for an ap-
plication, by an individual who has, or has applied 
for, a transportation security card under section 
70105 of title 46, United States Code, for a merchant 
mariner document can be completed entirely by mail; 
and 
(2) a report on the feasibility of, and a timeline 
to, redesign the merchant mariner document to com-
ply with the requirements of such section, including 
a biometric identifier, and all relevant international 
conventions, including the International Labour Or-
ganization Convention Number 185 concerning the 
seafarers identity document, and include a review on 
whether or not such redesign will eliminate the need 
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for separate credentials and background screening 
and streamline the application process for mariners. 
SEC. 308. REPORT ON COAST GUARD DETERMINATIONS. 
Not later than 180 days after enactment of this Act, 
the Secretary of Homeland Security shall provide to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
loss of United States shipyard jobs and industrial base ex-
pertise as a result of rebuild, conversion, and double-hull 
work on United States-flag vessels eligible to engage in the 
coastwise trade being performed in foreign shipyards, en-
forcement of the Coast Guard’s foreign rebuild determina-
tion regulations, and recommendations for improving the 
transparency in the Coast Guard’s foreign rebuild deter-
mination process. 
SEC. 309. SHIP EMISSION REDUCTION TECHNOLOGY DEM-
ONSTRATION PROJECT. 
(a) STUDY.—The Commandant of the Coast Guard 
shall conduct a study— 
(1) on the methods and best practices of the use 
of exhaust emissions reduction technology on cargo or 
passenger ships that operate in United States waters 
and ports; and 
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(2) that identifies the Federal, State, and local 
laws, regulations, and other requirements that affect 
the ability of any entity to effectively demonstrate on-
board technology for the reduction of contaminated 
emissions from ships. 
(b) REPORT.—Within 180 days after the date of enact-
ment of this Act, the Commandant shall submit a report 
on the results of the study conducted under subsection (a) 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. 
SEC. 310. PHASEOUT OF VESSELS SUPPORTING OIL AND 
GAS DEVELOPMENT. 
(a) IN GENERAL.—Notwithstanding section 12111(d) 
of title 46, United States Code, foreign-flag vessels may be 
chartered by, or on behalf of, a lessee to be employed for 
the setting, relocation, or recovery of anchors or other moor-
ing equipment of a mobile offshore drilling unit that is lo-
cated 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 en-
ergy resources in the Beaufort Sea or the Chukchi Sea adja-
cent to Alaska— 
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(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 
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 support 
of such operations; and 
(2) for an additional period until such vessels 
are available if the Secretary of Transportation deter-
mines— 
(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 section; 
and 
(B) after publishing notice in the Federal 
Register, that insufficient vessels documented 
under section 12111(d) of title 46, United States 
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Code, are reasonably available and suitable for 
these support operations and all such reasonably 
available and suitable vessels are employed in 
support of such operations. 
(b) EXPIRATION.—Irrespective of the year in which the 
commitment referred to in subsection (a)(2)(A) occurs, for-
eign-flag anchor handling vessels may not be employed for 
the setting, relocation, or recovery of anchors or other moor-
ing equipment of a mobile offshore drilling unit after De-
cember 31, 2017. 
(c) LESSEE DEFINED.—In this section, the term ‘‘les-
see’’ means the holder of a lease (as defined in section 
1331(c) of title 43, United States Code), who, prior to giv-
ing the written notice in subsection (a)(1), has entered into 
a binding agreement to employ a suitable vessel documented 
or to be documented under 12111(d) of title 46, United 
States Code. 
(d) SAVINGS PROVISION.—Nothing in subsection (a) 
may be construed to authorize the employment in the coast-
wise trade of a vessel that does not meet the requirements 
of 12111 of title 46, United States Code. 
SEC. 311. ARCTIC MARINE SHIPPING ASSESSMENT IMPLE-
MENTATION. 
(a) PURPOSE.—The purpose of this section is to ensure 
safe, secure, and reliable maritime shipping in the Arctic 
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including the availability of aids to navigation, vessel es-
corts, spill response capability, and maritime search and 
rescue in the Arctic. 
(b) INTERNATIONAL MARITIME ORGANIZATION AGREE-
MENTS.—To carry out the purpose of this section, the Sec-
retary of the department in which the Coast Guard is oper-
ating shall work through the International Maritime Orga-
nization to establish agreements to promote coordinated ac-
tion among the United States, Russia, Canada, Iceland, 
Norway, and Denmark and other seafaring and Arctic na-
tions to ensure, in the Arctic— 
(1) placement and maintenance of aids to navi-
gation; 
(2) appropriate icebreaking escort, tug, and sal-
vage capabilities; 
(3) oil spill prevention and response capability; 
(4) maritime domain awareness, including long- 
range vessel tracking; and 
(5) search and rescue. 
(c) COORDINATION BY COMMITTEE ON THE MARITIME 
TRANSPORTATION SYSTEM.—The Committee on the Mari-
time Transportation System established under a directive 
of the President in the Ocean Action Plan, issued December 
17, 2004, shall coordinate the establishment of domestic 
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transportation policies in the Arctic necessary to carry out 
the purpose of this section. 
(d) AGREEMENTS AND CONTRACTS.—The Secretary of 
the department in which the Coast Guard is operating may, 
subject to the availability of appropriations, enter into co-
operative agreements, contracts, or other agreements with, 
or make grants to individuals and governments to carry 
out the purpose of this section or any agreements established 
under subsection (b). 
(e) ICEBREAKING.—The Secretary of the department 
in which the Coast Guard is operating shall promote safe 
maritime navigation by means of icebreaking where needed 
to assure the reasonable demands of commerce. 
(f) DEMONSTRATION PROJECTS.—The Secretary of 
Transportation may enter into cooperative agreements, con-
tracts, or other agreements with, or make grants to, individ-
uals to conduct demonstration projects to reduce emissions 
or discharges from vessels operating in the Arctic. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated— 
(1) to the Secretary of the department in which 
the Coast Guard is operating— 
(A) $5,000,000 for each of fiscal years 2011 
through 2015 for seasonal operations in the Arc-
tic; and 
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(B) $10,000,000 for each of fiscal years 
2012 through 2015 to carry out agreements es-
tablished under subsection (d); and 
(2) 
to 
the 
Secretary 
of 
Transportation 
$5,000,000 for each of fiscal years 2011 through 2015 
to conduct demonstration projects under subsection 
(f). 
(h) ICEBREAKERS.— 
(1) ANALYSES.—Not later than 90 days after the 
date of enactment of this Act or the date of completion 
of the ongoing High Latitude Study to assess Arctic 
polar ice-breaking mission requirements, which ever 
occurs later, the Commandant of the Coast Guard 
shall— 
(A) conduct a comparative cost-benefit anal-
ysis of— 
(i) rebuilding, renovating, or improv-
ing the existing fleet of icebreakers for oper-
ation by the Coast Guard, 
(ii) constructing new icebreakers for 
operation by the Coast Guard, and 
(iii) any combination of the activities 
described in clauses (i) and (ii), to carry 
out the missions of the Coast Guard; and 
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(B) conduct an analysis of the impact on 
mission capacity and the ability of the United 
States to maintain a presence in the Arctic re-
gions through the year 2020 if recapitalization of 
the icebreaker fleet, either by constructing new 
icebreakers or rebuilding, renovating, or improv-
ing the existing fleet of icebreakers, is not fully 
funded. 
(2) REPORTS TO CONGRESS.— 
(A) Not later than 90 days after the date of 
enactment of this Act or the date of completion 
of the ongoing High Latitude Study to assess 
Arctic ice-breaking mission requirements, which 
ever occurs later, the Commandant of the Coast 
Guard shall submit a report containing the re-
sults of the study, together with recommendations 
the Commandant deems appropriate under sec-
tion 93(a)(24) of title 14, United States Code, to 
the Senate Committee on Commerce, Science, 
and Transportation and the House of Represent-
atives Committee on Transportation and Infra-
structure. 
(B) Not later than 1 year after the date of 
enactment of this Act, the Commandant shall 
submit reports containing the results of the anal-
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yses required under subparagraphs (A) and (B) 
of paragraph (1), together with recommendations 
the Commandant deems appropriate under sec-
tion 93(a)(24) of title 14, United States Code, to 
the Senate Committee on Commerce, Science, 
and Transportation and the House of Represent-
atives Committee on Transportation and Infra-
structure. 
(i) ARCTIC DEFINITION.—In this section the term 
‘‘Arctic’’ has the same meaning as in section 112 of the 
Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). 
SEC. 312. SUPPLEMENTAL POSITIONING SYSTEM. 
(a) FINDINGS.—The Congress finds the following: 
(1) In August 2006, the Department of Trans-
portation and Department of Homeland Security 
sponsored the formation of an Independent Assess-
ment Team to review the need for enhanced Loran 
(eLORAN) as a supplement to the Global Positioning 
System (GPS). 
(2) In December 2006, the Independent Assess-
ment Team unanimously recommended that eLORAN 
be completed and retained as the national backup sys-
tem for critical safety of life, national and economic 
security, and quality of life applications currently 
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that are reliant on position, time, or frequency from 
GPS. 
(3) Based on the Independent Assessment Team 
report, the Department of Transportation and De-
partment of Homeland Security jointly recommended 
in March 2007 that eLORAN be the national backup 
for GPS. 
(4) The Department of Homeland Security for-
mally announced on February 7, 2008, its intention 
to implement eLORAN as a national positioning, 
navigation, and timing system to complement the 
GPS in the even of an outage or disruption in serv-
ice. 
(5) A recent outage of GPS services in California 
due to an unintentional jamming incident resulted in 
the shutdown of the Coast Guard’s maritime Differen-
tial Global Positions System program and the Auto-
matic Identification System, caused disruption to ves-
sel and aircraft operations, and severely degraded 
transmissions at over 150 cell phone base stations. 
(6) In January 2009, the Independent Assess-
ment Team reiterated its unanimous recommendation 
that the Federal Government commit to operating the 
eLORAN system as a backup to GPS for not less than 
a 20-year period. 
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(b) REQUIRED ACTIONS.—The Secretary of the depart-
ment in which the Coast Guard is operating— 
(1) shall establish eLORAN as the supplemental 
navigation system for the United States; 
(2) shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate— 
(A) a plan for modernizing the remaining 
LORAN–C stations; 
(B) a timeline for the completion of such 
modernization; and 
(C) a comprehensive estimate of the costs 
associated with modernizing LORAN–C infra-
structure to meet eLORAN specifications; and 
(3) may not take action to terminate or decom-
mission the LORAN–C program until 30 days after 
the Secretary certifies to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate that the eLORAN sys-
tem is operational. 
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SEC. 313. DUAL ESCORT VESSELS FOR DOUBLE HULLED 
TANKERS IN PRINCE WILLIAM SOUND, ALAS-
KA. 
(a) IN GENERAL.—Section 4116(c) of the Oil Pollution 
Act of 1990 (46 U.S.C. 3703 note; Public Law 101–380) 
is amended— 
(1) by striking ‘‘Not later than 6 months’’ and 
inserting the following: 
‘‘(1) IN GENERAL.—Not later than 180 days’’; 
and 
(2) by adding at the end the following: 
‘‘(2) PRINCE WILLIAM SOUND, ALASKA.— 
‘‘(A) IN
GENERAL.—The requirement in 
paragraph (1) relating to single hulled tankers 
in Prince William Sound, Alaska, described in 
that paragraph being escorted by at least 2 tow-
ing vessels or other vessels considered to be ap-
propriate by the Secretary (including regulations 
promulgated 
in 
accordance 
with 
section 
3703(a)(3) of title 46, United States Code, as set 
forth in part 168 of title 33, Code of Federal 
Regulations (as in effect on March 1, 2009), im-
plementing this subsection with respect to those 
tankers) shall apply to double hulled tankers over 
5,000 gross tons transporting oil in bulk in 
Prince William Sound, Alaska. 
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‘‘(B) 
IMPLEMENTATION
OF
REQUIRE-
MENTS.—The Secretary of the Federal agency 
with jurisdiction over the Coast Guard shall 
carry out subparagraph (A) by order without no-
tice and hearing pursuant to section 553 of title 
5, United States Code.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) take effect on the date that is 90 days after the 
date of enactment of this Act. 
TITLE IV—GREAT LAKES 
ICEBREAKER 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Great Lakes Icebreaker 
Replacement Act’’. 
SEC. 402. FINDINGS. 
Congress finds that— 
(1) five of the Coast Guard’s Great Lakes ice-
breakers are nearing the end of their useful lives; 
(2) two other Coast Guard icebreaking assets 
have experienced difficulty in heavy ice conditions; 
(3) during the spring of 2008, United States-flag 
vessels operating on the Great Lakes suffered more 
than $1,300,000 in damages to their hulls because the 
Coast Guard did not have enough assets available to 
keep Great Lakes shipping lanes open; 
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(4) during the 2006–2007 ice season, shipments 
of iron ore, coal, and limestone on the Great Lakes ex-
ceeded 20,000,000 tons; 
(5) during the 2006–2007 ice season, the trans-
portation of 10,400,000 tons of iron ore on the Great 
Lakes helped support 100,000 jobs at steel mills and 
300,000 jobs at supplier industries by keeping those 
industries working during the winter season; and 
(6) the 6,400,000 tons of coal shipped on the 
Great Lakes during the 2006–2007 ice season kept the 
Great Lakes region supplied with electricity. 
SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated $153,000,000 
for necessary expenses of the Coast Guard for the design, 
acquisition, and construction of a combined buoy tender- 
icebreaker to replace icebreaking capacity on the Great 
Lakes, to remain available until expended. 
TITLE V—ACQUISITION REFORM 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Coast Guard Acquisi-
tion Reform Act of 2009’’. 
SEC. 502. DEFINITIONS. 
In this title, the following definitions apply: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
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tees’’ means the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
(2) COMMANDANT.—The term ‘‘Commandant’’ 
means the Commandant of the Coast Guard. 
(3) LEVEL 1 ACQUISITION.—The term ‘‘Level 1 
acquisition’’ means— 
(A) an acquisition by the Coast Guard— 
(i) the estimated life-cycle costs of 
which exceed $1,000,000,000; or 
(ii) the estimated total acquisition 
costs of which exceed $300,000,000; or 
(B) any acquisition that the Chief Acquisi-
tion Officer of the Coast Guard determines to 
have a special interest— 
(i) due to— 
(I) the experimental or technically 
immature nature of the asset; 
(II) the technological complexity 
of the asset; 
(III) the commitment of resources; 
or 
(IV) the nature of the capability 
or set of capabilities to be achieved; or 
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(ii) because such acquisition is a joint 
acquisition. 
(4) LEVEL 2 ACQUISITION.—The term ‘‘Level 2 
acquisition’’ means an acquisition by the Coast 
Guard— 
(A) the estimated life-cycle costs of which 
are equal to or less than $1,000,000,000, but 
greater than $300,000,000; or 
(B) the estimated total acquisition costs of 
which are equal to or less than $300,000,0000, 
but greater than $100,000,000. 
(5) LIFE-CYCLE
COST.—The term ‘‘life-cycle 
cost’’ means all costs for development, procurement, 
construction, and operations and support for a par-
ticular capability or asset, without regard to funding 
source or management control. 
Subtitle A—Restrictions on the Use 
of Lead Systems Integrators 
SEC. 511. PROCUREMENT STRUCTURE. 
(a) IN GENERAL.— 
(1) USE OF LEAD SYSTEMS INTEGRATOR.—Ex-
cept as provided in subsection (b), the Commandant 
may not use a private sector entity as a lead systems 
integrator for an acquisition contract awarded or de-
livery order or task order issued after the end of the 
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180-day period beginning on the date of enactment of 
this Act. 
(2) FULL AND OPEN COMPETITION.—The Com-
mandant and any lead systems integrator engaged by 
the Coast Guard shall use full and open competition 
for any acquisition contract awarded after the date of 
enactment of this Act, unless otherwise excepted in ac-
cordance with Federal acquisition laws and regula-
tions promulgated under those laws, including the 
Federal Acquisition Regulation. 
(3) NO EFFECT ON SMALL BUSINESS ACT.—Noth-
ing in this subsection shall be construed to supersede 
or otherwise affect the authorities provided by and 
under the Small Business Act (15 U.S.C. 631 et seq.). 
(b) EXCEPTIONS.— 
(1) NATIONAL DISTRESS AND RESPONSE SYSTEM 
MODERNIZATION PROGRAM; NATIONAL SECURITY CUT-
TERS 2 AND 3.—Notwithstanding subsections (a) and 
(e), the Commandant may use a private sector entity 
as a lead systems integrator for the Coast Guard to 
complete the National Distress and Response System 
Modernization Program (otherwise known as the 
‘‘Rescue 21’’ program) and National Security Cutters 
2 and 3. 
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(2) COMPLETION OF ACQUISITION BY LEAD SYS-
TEMS INTEGRATOR.—Notwithstanding subsection (a), 
the Commandant may use a private sector entity as 
a lead systems integrator for the Coast Guard— 
(A) to complete any delivery order or task 
order, including the exercise of previously estab-
lished options on a delivery order or task order 
that was issued to a lead systems integrator on 
or before the date that is 180 days after the date 
of enactment of this Act without any change in 
the quantity of capabilities or assets or the spe-
cific type of capabilities or assets covered by the 
order; 
(B) for a contract awarded after the date 
that is 180 days after the date of enactment of 
this Act for acquisition of, or in support of, the 
HC–130J aircraft, the HH–65 aircraft, or the 
C4ISR system, if the requirements of subsection 
(c) are met with respect to such acquisitions; 
(C) for a contract awarded after the date 
that is 180 days after the date of enactment of 
this Act for acquisition of, or in support of, Mar-
itime Patrol Aircraft, if the requirements of sub-
section (c) are met with respect to such an acqui-
sition; and 
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(D) for the acquisition of, or in support of, 
additional National Security Cutters or Mari-
time Patrol Aircraft, if the Commandant deter-
mines that— 
(i) the acquisition is in accordance 
with Federal acquisition laws and regula-
tions promulgated under those laws, includ-
ing the Federal Acquisition Regulation; 
(ii) the acquisition and the use of a 
private sector entity as a lead systems inte-
grator for the acquisition are in the best in-
terest of the Federal Government; and 
(iii) the requirements of subsection (c) 
are met with respect to such acquisition. 
(3) REPORT ON DECISIONMAKING PROCESS.—If 
the Commandant determines under subparagraph 
(B), (C), or (D) of subsection (b)(2) that the Coast 
Guard will use a private sector lead systems inte-
grator for an acquisition, the Commandant shall no-
tify in writing the appropriate congressional commit-
tees of the Commandant’s determination and shall 
provide a detailed rationale for the determination, at 
least 30 days before the award of a contract or 
issuance of a delivery order or task order, using a 
private sector lead systems integrator, including a 
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comparison of the cost of the acquisition through the 
private sector lead systems integrator with the ex-
pected cost if the acquisition were awarded directly to 
the manufacturer or shipyard. For purposes of that 
comparison, the cost of award directly to a manufac-
turer or shipyard shall include the costs of Govern-
ment contract management and oversight. 
(c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.— 
Neither an entity performing lead systems integrator func-
tions for a Coast Guard acquisition nor a Tier 1 subcon-
tractor for any acquisition described in subparagraph (B), 
(C), or (D) of subsection (b)(2) may have a financial inter-
est in a subcontractor below the Tier 1 subcontractor level 
unless— 
(1) the subcontractor was selected by the prime 
contractor through full and open competition for such 
procurement; 
(2) the procurement was awarded by the lead 
systems integrator or a subcontractor through full and 
open competition; 
(3) the procurement was awarded by a subcon-
tractor through a process over which the lead systems 
integrator or a Tier 1 subcontractor exercised no con-
trol; or 
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(4) the Commandant has determined that the 
procurement was awarded in a manner consistent 
with Federal acquisition laws and regulations pro-
mulgated under those laws, including the Federal Ac-
quisition Regulation. 
(d) RULE OF CONSTRUCTION.—The limitation in sub-
section (b)(1)(A) on the quantity and specific type of assets 
to which subsection (b) applies shall not be construed to 
apply to the modification of the number or type of any sub- 
systems or other components of a vessel or aircraft described 
in subparagraph (B), (C), or (D) of subsection (b)(2). 
(e) TERMINATION DATE FOR EXCEPTIONS.—Except as 
described in subsection (b)(1), the Commandant may not 
use a private sector entity as a lead systems integrator for 
acquisition contracts awarded, or task orders or delivery 
orders issued, after the earlier of— 
(1) September 30, 2011; or 
(2) the date on which the Commandant certifies 
in writing to the appropriate congressional commit-
tees that the Coast Guard has available and can re-
tain sufficient acquisition workforce personnel and ex-
pertise within the Coast Guard, through an arrange-
ment with other Federal agencies, or through con-
tracts or other arrangements with private sector enti-
ties, to perform the functions and responsibilities of 
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the lead systems integrator in an efficient and cost- 
effective manner. 
Subtitle B—Coast Guard 
Acquisition Policy 
SEC. 521. OPERATIONAL REQUIREMENTS. 
(a) IN GENERAL.—No Level 1 or Level 2 acquisition 
program may be initiated by the Coast Guard, and no pro-
duction contract may be awarded for such an acquisition, 
unless the Commandant has approved an operational re-
quirement for such acquisition. 
(b) OPERATIONAL REQUIREMENT FOR ACQUISITION 
PROGRAMS.— 
(1) IN GENERAL.—The Commandant shall estab-
lish mature and stable operational requirements for 
acquisition programs. 
(2) ELEMENTS.—Prior to establishing oper-
ational requirements under paragraph (1), the Com-
mandant shall— 
(A) prepare a preliminary statement of 
need, a concept of operations, an analysis of al-
ternatives or the equivalent, an estimate of life- 
cycle costs, and requirements for interoperability 
with other capabilities and assets within and ex-
ternal to the Coast Guard; and 
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(B) in preparing the concept of operations 
under subparagraph (A), coordinate with acqui-
sition and support professionals, requirements 
officials, operational users and maintainers, and 
resource officials who can ensure the appropriate 
consideration of performance, cost, schedule and 
risk trade-offs. 
(c) CONSIDERATION OF TRADE-OFFS.—In establishing 
operational requirements under subsection (a), the Com-
mandant shall develop and implement mechanisms to en-
sure that trade-offs among performance, cost, schedule, and 
risk are considered in the establishment of operational re-
quirements for development and production of a Level 1 or 
Level 2 acquisition. 
(d) ELEMENTS.—The mechanisms required under this 
section shall ensure at a minimum that Coast Guard offi-
cials responsible for acquisition management, budget, and 
cost estimating functions have the authority to develop cost 
estimates and raise cost and schedule matters at any point 
in the process of establishing operational requirements for 
a Level 1 or Level 2 acquisition. 
SEC. 522. REQUIRED CONTRACT TERMS. 
(a) IN GENERAL.—The Commandant shall ensure that 
a contract awarded or a delivery order or task order issued 
for an acquisition of a capability or an asset with an ex-
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pected service life of 10 years and with a total acquisition 
cost that is equal to or exceeds $10,000,000 awarded or 
issued by the Coast Guard after the date of enactment of 
this Act— 
(1) provides that all certifications for an end- 
state capability or asset under such contract, delivery 
order, or task order, respectively, will be conducted by 
the Commandant or an independent third party, and 
that self-certification by a contractor or subcontractor 
is not allowed; 
(2) requires that the Commandant shall main-
tain the authority to establish, approve, and main-
tain technical requirements; 
(3) requires that any measurement of contractor 
and subcontractor performance be based on the status 
of all work performed, including the extent to which 
the work performed met all performance, cost, and 
schedule requirements; 
(4) specifies that, for the acquisition or upgrade 
of air, surface, or shore capabilities and assets for 
which compliance with TEMPEST certification is a 
requirement, the standard for determining such com-
pliance will be the air, surface, or shore standard then 
used by the Department of the Navy for that type of 
capability or asset; and 
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(5) for any contract awarded to acquire an Off-
shore Patrol Cutter, includes provisions specifying the 
service life, fatigue life, and days underway in gen-
eral Atlantic and North Pacific Sea conditions, max-
imum range, and maximum speed the cutter will be 
built to achieve. 
(b) PROHIBITED CONTRACT PROVISIONS.—The Com-
mandant shall ensure that any contract awarded or deliv-
ery order or task order issued by the Coast Guard after the 
date of enactment of this Act does not include any provision 
allowing for equitable adjustment that differs from the Fed-
eral Acquisition Regulation. 
(c) EXTENSION OF PROGRAM.—Any contract, contract 
modification, or award term extending a contract with a 
lead systems integrator— 
(1) shall not include any minimum requirements 
for the purchase of a given or determinable number 
of specific capabilities or assets; and 
(2) shall be reviewed by an independent third 
party with expertise in acquisition management, and 
the results of that review shall be submitted to the ap-
propriate congressional committees at least 60 days 
prior to the award of the contract, contract modifica-
tion, or award term. 
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SEC. 523. LIFE-CYCLE COST ESTIMATES. 
(a) IN GENERAL.—The Commandant shall implement 
mechanisms to ensure the development and regular updat-
ing of life-cycle cost estimates for each acquisition with a 
total acquisition cost that equals or exceeds $10,000,000 and 
an expected service life of 10 years, and to ensure that these 
estimates are considered in decisions to develop or produce 
new or enhanced capabilities and assets. 
(b) TYPES OF ESTIMATES.—In addition to life-cycle 
cost estimates that may be developed by acquisition pro-
gram offices, the Commandant shall require that an inde-
pendent life-cycle cost estimate be developed for each Level 
1 or Level 2 acquisition program or project. 
(c) REQUIRED UPDATES.—For each Level 1 or Level 
2 acquisition program or project the Commandant shall re-
quire that life-cycle cost estimates shall be updated before 
each milestone decision is concluded and the program or 
project enters a new acquisition phase. 
SEC. 524. TEST AND EVALUATION. 
(a) TEST AND EVALUATION MASTER PLAN.— 
(1) IN GENERAL.—For any Level 1 or Level 2 
acquisition program or project the Coast Guard Chief 
Acquisition Officer must approve a Test and Evalua-
tion Master Plan specific to the acquisition program 
or project for the capability, asset, or sub-systems of 
the capability or asset and intended to minimize tech-
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nical, cost, and schedule risk as early as practicable 
in the development of the program or project. 
(2) TEST
AND
EVALUATION
STRATEGY.—The 
TEMP shall— 
(A) set forth an integrated test and evalua-
tion strategy that will verify that capability-level 
or asset-level and sub-system-level design and de-
velopment, 
including 
performance 
and 
supportability, have been sufficiently proven be-
fore the capability, asset, or sub-system of the ca-
pability or asset is approved for production; and 
(B) require that adequate developmental 
tests and evaluations and operational tests and 
evaluations established under subparagraph (A) 
are performed to inform production decisions. 
(3) OTHER COMPONENTS OF TEMP.—At a min-
imum, the TEMP shall identify— 
(A) the key performance parameters to be 
resolved through the integrated test and evalua-
tion strategy; 
(B) critical operational issues to be assessed 
in addition to the key performance parameters; 
(C) specific development test and evaluation 
phases and the scope of each phase; 
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(D) modeling and simulation activities to 
be performed, if any, and the scope of such ac-
tivities; 
(E) early operational assessments to be per-
formed, if any, and the scope of such assess-
ments; 
(F) operational test and evaluation phases; 
(G) an estimate of the resources, including 
funds, that will be required for all test, evalua-
tion, assessment, modeling, and simulation ac-
tivities; and 
(H) the Government entity or independent 
entity that will perform the test, evaluation, as-
sessment, modeling, and simulation activities. 
(4) UPDATE.—The Coast Guard Chief Acquisi-
tion Officer shall approve an updated TEMP when-
ever there is a revision to program or project test and 
evaluation strategy, scope, or phasing. 
(5) LIMITATION.—The Coast Guard may not— 
(A) proceed past that phase of the acquisi-
tion process that entails approving the sup-
porting acquisition of a capability or asset before 
the TEMP is approved by the Coast Guard Chief 
Acquisition Officer; or 
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(B) award any production contract for a 
capability, asset, or sub-system for which a 
TEMP is required under this subsection before 
the TEMP is approved by the Coast Guard Chief 
Acquisition Officer. 
(b) TESTS AND EVALUATIONS.— 
(1) IN GENERAL.—The Commandant shall en-
sure that the Coast Guard conducts developmental 
tests and evaluations and operational tests and eval-
uations of a capability or asset and the sub-systems 
of the capability or asset for which a TEMP has been 
prepared under subsection (a). 
(2) USE OF THIRD PARTIES.—The Commandant 
shall ensure that the Coast Guard uses third parties 
with expertise in testing and evaluating the capabili-
ties or assets and the sub-systems of the capabilities 
or assets being acquired to conduct developmental 
tests and evaluations and operational tests and eval-
uations whenever the Coast Guard lacks the capa-
bility to conduct the tests and evaluations required by 
a TEMP. 
(3) COMMUNICATION
OF
SAFETY
CONCERNS.— 
The Commandant shall require that safety concerns 
identified during developmental or operational tests 
and evaluations or through independent or Govern-
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ment-conducted design assessments of capabilities or 
assets and sub-systems of capabilities or assets to be 
acquired by the Coast Guard shall be communicated 
as soon as practicable, but not later than 30 days 
after the completion of the test or assessment event or 
activity that identified the safety concern, to the pro-
gram manager for the capability or asset and the sub- 
systems concerned and to the Coast Guard Chief Ac-
quisition Officer. 
(4) REPORTING
OF
SAFETY
CONCERNS.—Any 
safety concerns that have been reported to the Chief 
Acquisition Officer for an acquisition program or 
project shall be reported by the Commandant to the 
appropriate congressional committees at least 90 days 
before the award of any contract or issuance of any 
delivery order or task order for low, initial, or full- 
rate production of the capability or asset concerned if 
they will remain uncorrected or unmitigated at the 
time such a contract is awarded or delivery order or 
task order is issued. The report shall include a jus-
tification for the approval of that level of production 
of the capability or asset before the safety concern is 
corrected or mitigated. The report shall also include 
an explanation of the actions that will be taken to 
correct or mitigate the safety concern, the date by 
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which those actions will be taken, and the adequacy 
of current funding to correct or mitigate the safety 
concern. 
(5) ASSET ALREADY IN LOW, INITIAL, OR FULL- 
RATE PRODUCTION.—If operational test and evalua-
tion on a capability or asset already in low, initial, 
or full-rate production identifies a safety concern 
with the capability or asset or any sub-systems of the 
capability or asset not previously identified during 
developmental or operational test and evaluation, the 
Commandant shall— 
(A) notify the program manager and the 
Chief Acquisition Officer of the safety concern as 
soon as practicable, but not later than 30 days 
after the completion of the test and evaluation 
event or activity that identified the safety con-
cern; and 
(B) notify the appropriate congressional 
Committee of the safety concern not later than 
30 days after notification is made to the pro-
gram manager and Chief Acquisition Officer, 
and include in such notification— 
(i) an explanation of the actions that 
will be taken to correct or mitigate the safe-
ty concern in all capabilities or assets and 
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sub-systems of the capabilities or assets yet 
to be produced, and the date by which those 
actions will be taken; 
(ii) an explanation of the actions that 
will be taken to correct or mitigate the safe-
ty concern in previously produced capabili-
ties or assets and sub-systems of the capa-
bilities or assets, and the date by which 
those actions will be taken; and 
(iii) an assessment of the adequacy of 
current funding to correct or mitigate the 
safety concern in capabilities or assets and 
sub-systems of the capabilities or assets and 
in previously produced capabilities or assets 
and sub-systems. 
(c) DEFINITIONS.—In this section: 
(1) DEVELOPMENTAL TEST AND EVALUATION.— 
The term ‘‘developmental test and evaluation’’ 
means— 
(A) the testing of a capability or asset and 
the sub-systems of the capability or asset to de-
termine whether they meet all contractual per-
formance requirements, including technical per-
formance requirements, supportability require-
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ments, and interoperability requirements and re-
lated specifications; and 
(B) the evaluation of the results of such test-
ing. 
(2) OPERATIONAL TEST AND EVALUATION.—The 
term ‘‘operational test and evaluation’’ means— 
(A) the testing of a capability or asset and 
the sub-systems of the capability or asset, under 
conditions similar to those in which the capa-
bility or asset and subsystems will actually be 
deployed, for the purpose of determining the ef-
fectiveness and suitability of the capability or 
asset and sub-systems for use by typical Coast 
Guard users to conduct those missions for which 
the capability or asset and sub-systems are in-
tended to be used; and 
(B) the evaluation of the results of such test-
ing. 
(3) SAFETY CONCERN.—The term ‘‘safety con-
cern’’ means any hazard associated with a capability 
or asset or a sub-system of a capability or asset that 
is likely to cause serious bodily injury or death to a 
typical Coast Guard user in testing, maintaining, re-
pairing, or operating the capability, asset, or sub-sys-
tem or any hazard associated with the capability, 
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asset, or sub-system that is likely to cause major dam-
age to the capability, asset, or sub-system during the 
course of its normal operation by a typical Coast 
Guard user. 
(4) TEMP.—The term ‘‘TEMP’’ means a Test 
and Evaluation Master Plan for which approval is 
required under this section. 
SEC. 525. CAPABILITY STANDARDS. 
(a) CUTTER
CLASSIFICATION.—The Commandant 
shall cause each cutter, other than a National Security Cut-
ter, acquired by the Coast Guard and delivered after the 
date of enactment of this Act to be classed by the American 
Bureau of Shipping before final acceptance. 
(b) TEMPEST TESTING.—The Commandant shall— 
(1) cause all electronics on all aircraft, surface, 
and shore capabilities and assets that require TEM-
PEST certification and that are delivered after the 
date of enactment of this Act to be tested in accord-
ance with TEMPEST standards and communication 
security (COMSEC) standards by an independent 
third party that is authorized by the Federal Govern-
ment to perform such testing; and 
(2) certify that the capabilities and assets meet 
all applicable TEMPEST requirements. 
(c) NATIONAL SECURITY CUTTERS.— 
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(1) NATIONAL SECURITY CUTTERS 1 AND 2.—Not 
later than 90 days before the Coast Guard awards 
any contract or issues any delivery order or task 
order to strengthen the hull of either of National Secu-
rity Cutter 1 or 2 to resolve the structural design and 
performance issues identified in the Department of 
Homeland Security Inspector General’s report OIG– 
07–23 dated January 2007, the Commandant shall 
submit to the appropriate congressional committees 
and the Committee on Homeland Security of the 
House of Representatives all results of an assessment 
of the proposed hull strengthening design conducted 
by the Coast Guard, including— 
(A) a description in detail of the extent to 
which the hull strengthening measures to be im-
plemented on those cutters will enable the cutters 
to meet contract and performance requirements; 
(B) a cost benefit analysis of the proposed 
hull strengthening measures for National Secu-
rity Cutters 1 and 2; and 
(C) a description of any operational restric-
tions that would have to be applied to either Na-
tional Security Cutter 1 or 2 if the proposed hull 
strengthening measures were not implemented on 
either cutter. 
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