Coast Guard Authorization Act of 2010
PL 111-281 (H.R.3619), enacted 10/15/2010

124 STAT. 2905 
PUBLIC LAW 111–281—OCT. 15, 2010 
Public Law 111–281 
111th Congress 
An Act 
To authorize appropriations for the Coast Guard for fiscal year 2011, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(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; table of contents. 
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. 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. Coast Guard vessels and aircraft. 
Sec. 214. Coast Guard District Ombudsmen. 
Sec. 215. Coast Guard commissioned officers: compulsory retirement. 
Sec. 216. Enforcement of coastwise trade laws. 
Sec. 217. Report on sexual assaults in the Coast Guard. 
Sec. 218. Home port of Coast Guard vessels in Guam. 
Sec. 219. Supplemental positioning system. 
Sec. 220. Assistance to foreign governments and maritime authorities. 
Sec. 221. Coast guard housing. 
Sec. 222. Child development services. 
Sec. 223. Chaplain activity expense. 
Sec. 224. Coast Guard cross; silver star medal. 
TITLE III—SHIPPING AND NAVIGATION 
Sec. 301. Seaward extension of anchorage grounds jurisdiction. 
Sec. 302. Maritime Drug Law Enforcement Act amendment-simple possession. 
Sec. 303. Technical amendments to tonnage measurement law. 
Sec. 304. Merchant mariner document standards. 
Sec. 305. Ship emission reduction technology demonstration project. 
Sec. 306. Phaseout of vessels supporting oil and gas development. 
Sec. 307. Arctic marine shipping assessment implementation. 
Coast Guard 
Authorization 
Act of 2010. 
Oct. 15, 2010 
[H.R. 3619] 
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124 STAT. 2906 
PUBLIC LAW 111–281—OCT. 15, 2010 
TITLE IV—ACQUISITION REFORM 
Sec. 401. Chief Acquisition Officer. 
Sec. 402. Acquisitions. 
Sec. 403. National Security Cutters. 
Sec. 404. Acquisition workforce expedited hiring authority. 
TITLE V—COAST GUARD MODERNIZATION 
Sec. 501. Short title. 
Subtitle A—Coast Guard Leadership 
Sec. 511. Vice admirals. 
Subtitle B—Workforce Expertise 
Sec. 521. Prevention and response staff. 
Sec. 522. Marine safety mission priorities and long-term goals. 
Sec. 523. Powers and duties. 
Sec. 524. Appeals and waivers. 
Sec. 525. Coast Guard Academy. 
Sec. 526. Report regarding civilian marine inspectors. 
TITLE VI—MARINE SAFETY 
Sec. 601. Short title. 
Sec. 602. Vessel size limits. 
Sec. 603. Cold weather survival training. 
Sec. 604. Fishing vessel safety. 
Sec. 605. Mariner records. 
Sec. 606. Deletion of exemption of license requirement for operators of certain tow-
ing vessels. 
Sec. 607. Log books. 
Sec. 608. Safe operations and equipment standards. 
Sec. 609. Approval of survival craft. 
Sec. 610. Safety management. 
Sec. 611. Protection against discrimination. 
Sec. 612. Oil fuel tank protection. 
Sec. 613. Oaths. 
Sec. 614. Duration of licenses, certificates of registry, and merchant mariners’ docu-
ments. 
Sec. 615. Authorization to extend the duration of licenses, certificates of registry, 
and merchant mariners’ documents. 
Sec. 616. Merchant mariner assistance report. 
Sec. 617. Offshore supply vessels. 
Sec. 618. Associated equipment. 
Sec. 619. Lifesaving devices on uninspected vessels. 
Sec. 620. Study of blended fuels in marine application. 
Sec. 621. Renewal of advisory committees. 
Sec. 622. Delegation of authority. 
TITLE VII—OIL POLLUTION PREVENTION 
Sec. 701. Rulemakings. 
Sec. 702. Oil transfers from vessels. 
Sec. 703. Improvements to reduce human error and near miss incidents. 
Sec. 704. Olympic Coast National Marine Sanctuary. 
Sec. 705. Prevention of small oil spills. 
Sec. 706. Improved coordination with tribal governments. 
Sec. 707. Report on availability of technology to detect the loss of oil. 
Sec. 708. Use of oil spill liability trust fund. 
Sec. 709. International efforts on enforcement. 
Sec. 710. Higher volume port area regulatory definition change. 
Sec. 711. Tug escorts for laden oil tankers. 
Sec. 712. Extension of financial responsibility. 
Sec. 713. Liability for use of single-hull vessels. 
TITLE VIII—PORT SECURITY 
Sec. 801. America’s Waterway Watch Program. 
Sec. 802. Transportation Worker Identification Credential. 
Sec. 803. Interagency operational centers for port security. 
Sec. 804. Deployable, specialized forces. 
Sec. 805. Coast Guard detection canine team program expansion. 
Sec. 806. Coast Guard port assistance Program. 
Sec. 807. Maritime biometric identification. 
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124 STAT. 2907 
PUBLIC LAW 111–281—OCT. 15, 2010 
Sec. 808. Pilot Program for fingerprinting of maritime workers. 
Sec. 809. Transportation security cards on vessels. 
Sec. 810. Maritime Security Advisory Committees. 
Sec. 811. Seamen’s shoreside access. 
Sec. 812. Waterside security of especially hazardous cargo. 
Sec. 813. Review of liquefied natural gas facilities. 
Sec. 814. Use of secondary authentication for transportation security cards. 
Sec. 815. Assessment of transportation security card enrollment sites. 
Sec. 816. Assessment of the feasibility of efforts to mitigate the threat of small boat 
attack in major ports. 
Sec. 817. Report and recommendation for uniform security background checks. 
Sec. 818. Transportation security cards: access pending issuance; deadlines for 
processing; receipt. 
Sec. 819. Harmonizing security card expirations. 
Sec. 820. Clarification of rulemaking authority. 
Sec. 821. Port security training and certification. 
Sec. 822. Integration of security plans and systems with local port authorities, 
State harbor divisions, and law enforcement agencies. 
Sec. 823. Transportation security cards. 
Sec. 824. Pre-positioning interoperable communications equipment at interagency 
operational centers. 
Sec. 825. International port and facility inspection coordination. 
Sec. 826. Area transportation security incident mitigation plan. 
Sec. 827. Risk based resource allocation. 
Sec. 828. Port security zones. 
TITLE IX—MISCELLANEOUS PROVISIONS 
Sec. 901. Waivers. 
Sec. 902. Crew wages on passenger vessels. 
Sec. 903. Technical corrections. 
Sec. 904. Manning requirement. 
Sec. 905. Study of bridges over navigable waters. 
Sec. 906. Limitation on jurisdiction of States to tax certain seamen. 
Sec. 907. Land conveyance, Coast Guard property in Marquette County, Michigan, 
to the City of Marquette, Michigan. 
Sec. 908. Mission requirement analysis for navigable portions of the Rio Grande 
River, Texas, international water boundary. 
Sec. 909. Conveyance of Coast Guard property in Cheboygan, Michigan. 
Sec. 910. Alternative licensing program for operators of uninspected passenger ves-
sels on Lake Texoma in Texas and Oklahoma. 
Sec. 911. Strategy regarding drug trafficking vessels. 
Sec. 912. Use of force against piracy. 
Sec. 913. Technical amendments to chapter 313 of title 46, United States Code. 
Sec. 914. Conveyance of Coast Guard vessels for public purposes. 
Sec. 915. Assessment of certain aids to navigation and traffic flow. 
Sec. 916. Fresnel Lens from Presque Isle Light Station in Presque Isle, Michigan. 
Sec. 917. Maritime Law Enforcement. 
Sec. 918. Capital investment plan. 
Sec. 919. Reports. 
Sec. 920. Compliance provision. 
Sec. 921. Conveyance of Coast Guard property in Portland, Maine. 
TITLE X—CLEAN HULLS 
Subtitle A—General Provisions 
Sec. 1011. Definitions. 
Sec. 1012. Covered vessels. 
Sec. 1013. Administration and enforcement. 
Sec. 1014. Compliance with international law. 
Sec. 1015. Utilization of personnel, facilities or equipment of other Federal depart-
ments and agencies. 
Subtitle B—Implementation of the Convention 
Sec. 1021. Certificates. 
Sec. 1022. Declaration. 
Sec. 1023. Other compliance documentation. 
Sec. 1024. Process for considering additional controls. 
Sec. 1025. Scientific and technical research and monitoring; communication and in-
formation. 
Sec. 1026. Communication and exchange of information. 
Subtitle C—Prohibitions and Enforcement Authority 
Sec. 1031. Prohibitions. 
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124 STAT. 2908 
PUBLIC LAW 111–281—OCT. 15, 2010 
Sec. 1032. Investigations and inspections by Secretary. 
Sec. 1033. EPA enforcement. 
Sec. 1034. Additional authority of the Administrator. 
Subtitle D—Action on Violation, Penalties, and Referrals 
Sec. 1041. Criminal enforcement. 
Sec. 1042. Civil enforcement. 
Sec. 1043. Liability in rem. 
Sec. 1044. Vessel clearance or permits; refusal or revocation; bond or other surety. 
Sec. 1045. Warnings, detentions, dismissals, exclusion. 
Sec. 1046. Referrals for appropriate action by foreign country. 
Sec. 1047. Remedies not affected. 
Sec. 1048. Repeal. 
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for fiscal year 2011 
for necessary expenses of the Coast Guard as follows: 
(1) For the operation and maintenance of the Coast Guard, 
$6,970,681,000 of which $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)). 
(2) For the acquisition, construction, rebuilding, and 
improvement of aids to navigation, shore and offshore facilities, 
vessels, and aircraft, including equipment related thereto, 
$1,640,000,000, of which— 
(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 Pollution Act of 1990, to remain avail-
able until expended; 
(B) $1,233,502,000 is authorized for the Integrated 
Deepwater System Program; and 
(C) $100,000,000 is authorized for shore facilities and 
aids to navigation. 
(3) To the Commandant of the Coast Guard for research, 
development, test, and evaluation of technologies, materials, 
and human factors directly relating to improving the perform-
ance of the Coast Guard’s mission in search and rescue, aids 
to navigation, marine safety, marine environmental protection, 
enforcement of laws and treaties, ice operations, oceanographic 
research, and defense readiness, $28,034,000, to remain avail-
able until expended, of which $500,000 shall 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. 
(4) For retired pay (including the payment of obligations 
otherwise chargeable to lapsed appropriations for this purpose), 
payments under the Retired Serviceman’s Family Protection 
and Survivor Benefit Plans, and payments for medical care 
of retired personnel and their dependents under chapter 55 
of title 10, United States Code, $1,400,700,000, to remain avail-
able until expended. 
(5) For alteration or removal of bridges over navigable 
waters of the United States constituting obstructions to naviga-
tion, and for personnel and administrative costs associated 
with the Bridge Alteration Program, $16,000,000. 
(6) For environmental compliance and restoration at Coast 
Guard facilities (other than parts and equipment associated 
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124 STAT. 2909 
PUBLIC LAW 111–281—OCT. 15, 2010 
with operation and maintenance), $13,329,000, to remain avail-
able until expended. 
(7) For the Coast Guard Reserve program, including per-
sonnel 
and 
training 
costs, 
equipment, 
and 
services, 
$135,675,000. 
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, 2011. 
(b) MILITARY TRAINING STUDENT LOADS.—For fiscal year 2011, 
the Coast Guard is authorized average military training student 
loads as follows: 
(1) For recruit and special training, 2,500 student years. 
(2) For flight training, 165 student years. 
(3) For professional training in military and civilian institu-
tions, 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 depart-
ment in which the Coast Guard is operating as appellate 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 amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘All orders’’; 
and 
(2) by adding at the end the following: 
‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL ACTIVITIES.— 
Under this section, the Coast Guard industrial activities may accept 
orders from and enter into reimbursable agreements with establish-
ments, agencies, and departments of the Department of Defense 
and the Department of Homeland Security.’’. 
SEC. 
203. 
REIMBURSEMENT 
FOR 
MEDICAL-RELATED 
TRAVEL 
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 expenses 
for certain persons residing on islands in the conti-
nental United States 
‘‘In any case in which a covered beneficiary (as defined in 
section 1072(5) of title 10) resides on an island that is located 
14 USC 141. 
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124 STAT. 2910 
PUBLIC LAW 111–281—OCT. 15, 2010 
in the 48 contiguous States and the District of Columbia and 
that lacks public access roads to the mainland and is referred 
by a primary care physician to a specialty 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.’’. 
(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 officers on 
active duty promotion list 
‘‘(a) MAXIMUM TOTAL NUMBER.—The total number of Coast 
Guard commissioned officers on the active duty promotion list, 
excluding warrant officers, shall not exceed 7,200; except that the 
Commandant may temporarily increase that number by up to 2 
percent for no more than 60 days following the date of the commis-
sioning of a Coast Guard Academy class. 
‘‘(b) DISTRIBUTION PERCENTAGES BY GRADE.— 
‘‘(1) REQUIRED.—The total number of commissioned officers 
authorized by this section shall be distributed in grade in 
the following percentages: 0.375 percent for rear admiral; 0.375 
percent for rear admiral (lower half); 6.0 percent for captain; 
15.0 percent for commander; and 22.0 percent for lieutenant 
commander. 
‘‘(2) DISCRETIONARY.—The Secretary shall prescribe the 
percentages applicable to the grades of lieutenant, 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 reduction 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 commissioned officers 
authorized to serve in each grade by applying the grade dis-
tribution percentages established 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 subsection (a), in 
making the computations under paragraph (1), any fraction 
shall be rounded to the nearest whole number. 
‘‘(3) TREATMENT
OF
OFFICERS
SERVING
OUTSIDE
COAST 
GUARD.—The number of commissioned officers on the active 
duty promotion list below the rank of rear admiral (lower 
Applicability. 
14 USC 461. 
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124 STAT. 2911 
PUBLIC LAW 111–281—OCT. 15, 2010 
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 temporarily increased during 
the period between one computation and the next by the number 
of officers originally appointed 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 commissioned teaching staff of 
the Coast Guard Academy and of the Reserve serving in connection 
with organizing, administering, recruiting, instructing, or training 
the reserve components shall be prescribed by the Secretary.’’. 
(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 amended— 
(1) by striking paragraph (4); 
(2) in paragraph (5)— 
(A) by striking ‘‘and’’ at the end of subparagraph (C); 
(B) by striking the period at the end of subparagraph 
(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— 
(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 paragraph (4). 
SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS. 
Section 149 of title 14, United States Code, is amended by 
adding at the end the following: 
‘‘(c) GRANTS
TO INTERNATIONAL MARITIME ORGANIZATIONS.— 
After consultation with the Secretary of State, the Commandant 
may make grants to, or enter into cooperative agreements, contracts, 
14 USC 41. 
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124 STAT. 2912 
PUBLIC LAW 111–281—OCT. 15, 2010 
or other agreements with, international maritime organizations for 
the purpose of acquiring information or data about merchant vessel 
inspections, security, safety, environmental protection, classifica-
tion, and port state or flag state law enforcement or oversight.’’. 
SEC. 207. 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 
‘‘(a) IN GENERAL.—A duty assignment for an active duty 
member of the Coast Guard in support of a declaration of a major 
disaster or emergency by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) or in response to a spill of national significance shall 
be treated, for the purpose of section 701(f)(2) of title 10, as a 
duty assignment in support of a contingency operation. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) SPILL OF NATIONAL SIGNIFICANCE.—The term ‘spill of 
national significance’ means a discharge of oil or a hazardous 
substance that is declared by the Commandant to be a spill 
of national significance. 
‘‘(2) DISCHARGE.—The term ‘discharge’ has the meaning 
given that term in section 1001 of the Oil Pollution Act of 
1990 (33 U.S.C. 2701).’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by inserting after the item relating to section 425 the 
following: 
‘‘426. Emergency leave retention authority.’’. 
(c) APPLICATION.—The amendments made by this section shall 
be deemed to have been enacted on April 19, 2010. 
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)— 
‘‘(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.—Section 70117 of title 46, United 
States Code, and the item relating to such section in the analysis 
at the beginning of chapter 701 of such title, 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. 
14 USC 211. 
14 USC 81. 
Effective date. 
14 USC 426 note. 
14 USC 211. 
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124 STAT. 2913 
PUBLIC LAW 111–281—OCT. 15, 2010 
SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE. 
(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 Committee 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established a Merchant 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 licences, certificates of registry, and merchant mariners’ 
documents; 
‘‘(B) medical standards and guidelines for the physical 
qualifications of operators of commercial vessels; 
‘‘(C) medical examiner education; and 
‘‘(D) medical research. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall consist of 14 mem-
bers, none of whom is a Federal employee, and shall include— 
‘‘(A) ten who are health-care professionals with par-
ticular expertise, knowledge, or experience regarding the 
medical examinations of merchant mariners or occupational 
medicine; and 
‘‘(B) four who are professional mariners with knowledge 
and experience in mariner occupational requirements. 
‘‘(2) STATUS OF MEMBERS.—Members of the Committee shall 
not be considered Federal employees 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 appoint the mem-
bers of the Committee, and each member shall serve at the 
pleasure of the Secretary. 
‘‘(2) TERMS.—Each member shall be appointed for a term 
of five years, except that, of the members first appointed, three 
members shall be appointed for a term of two years. 
‘‘(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 des-
ignate one member of the Committee as the Chairman and one 
member as the Vice Chairman. The Vice Chairman shall act as 
Chairman in the absence or incapacity of, or in the event of a 
vacancy in the office of, the Chairman. 
‘‘(e) COMPENSATION; REIMBURSEMENT.—Members of the Com-
mittee 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. 
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124 STAT. 2914 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(f) STAFF; SERVICES.—The Secretary shall furnish to the Com-
mittee 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 following: 
‘‘7115. Merchant Mariner Medical Advisory Committee.’’. 
SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTEN-
ANT PROGRAM. 
Section 214(a) of title 14, United States Code, is amended 
to read as follows: 
‘‘(a) The president may appoint temporary commissioned offi-
cers— 
‘‘(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 commissioned warrant officers, warrant offi-
cers, and enlisted members of the Coast Guard, and from 
holders of licenses 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 commissioned warrant officers of the Coast 
Guard Reserve.’’. 
SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM. 
Chapter 11 of title 14, United States Code, is amended— 
(1) in section 253(a)— 
(A) by inserting ‘‘and’’ after ‘‘considered,’’; and 
(B) by striking ‘‘, and the number of officers the board 
may recommend for promotion’’; 
(2) in section 258— 
(A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Sec-
retary shall’’ ; 
(B) in subsection (a) (as so designated) by striking 
the colon at the end of the material preceding 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 direc-
tion 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 exceed the maximum 
percentage of officers who may be selected from below the 
announced promotion zone at any given selection board con-
vened under section 251 of this title.’’; 
14 USC 7101. 
Deadline. 
14 USC 7115 
note. 
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124 STAT. 2915 
PUBLIC LAW 111–281—OCT. 15, 2010 
(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 particular 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 ‘‘qualified for pro-
motion’’ 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. 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 inserting 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 noncommer-
cial service when— 
‘‘(A) the vessel or aircraft is under the tactical 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 PEN-
NANTS.—Section 638(a) of title 14, United States Code, is amended 
by striking ‘‘Coast Guard vessels and aircraft’’ and inserting ‘‘Ves-
sels and aircraft authorized by the Secretary’’. 
SEC. 214. 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 in each 
Coast Guard District a District Ombudsman to serve as a liaison 
between ports, terminal operators, shipowners, and labor represent-
atives and the Coast Guard. 
‘‘(b) PURPOSE.—The purpose of the District Ombudsman shall 
be the following: 
‘‘(1) To support the operations of the Coast Guard in each 
port in the District for which the District 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 imposed or services 
provided by the Coast Guard. 
‘‘(c) FUNCTIONS.— 
‘‘(1) COMPLAINTS.—The District Ombudsman may examine 
complaints brought to the attention of the District Ombudsman 
by a petitioner operating in a port or by Coast Guard personnel. 
‘‘(2) GUIDELINES FOR DISPUTES.— 
‘‘(A) IN
GENERAL.—The District Ombudsman shall 
develop guidelines regarding the types of disputes with 
Appointment. 
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124 STAT. 2916 
PUBLIC LAW 111–281—OCT. 15, 2010 
respect to which the District Ombudsman will provide 
assistance. 
‘‘(B) LIMITATION.—The District Ombudsman 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 assistance, the Dis-
trict Ombudsman shall give priority to complaints brought 
by petitioners who believe they will suffer a significant 
hardship as the result 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 investiga-
tion 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 information needed to conduct an investigation 
of a complaint. 
‘‘(5) REPORTS.—At the conclusion of an investigation, the 
District Ombudsman shall submit a report on the findings 
and recommendations of the District Ombudsman, to the Com-
mander 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 guide-
lines— 
‘‘(A) in a timely fashion; and 
‘‘(B) not later than 4 months after the complaint is 
officially accepted by the District Ombudsman. 
‘‘(d) APPOINTMENT.—The Commandant shall appoint as the Dis-
trict Ombudsman an individual who has experience in port and 
transportation systems and knowledge of port operations or of mari-
time commerce (or both). 
‘‘(e) ANNUAL REPORTS.—The Secretary shall report annually 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the matters brought before the 
District Ombudsmen, including— 
‘‘(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 matter.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the beginning of 
that chapter is amended by adding at the end the following new 
item: 
‘‘55. District Ombudsmen.’’. 
SEC. 215. COAST GUARD COMMISSIONED OFFICERS: COMPULSORY 
RETIREMENT. 
(a) IN GENERAL.—Chapter 11 of title 14, United States Code, 
is amended by striking section 293 and inserting the following: 
‘‘§ 293. Compulsory retirement 
‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any regular commis-
sioned officer, except a commissioned warrant officer, serving in 
a grade below rear admiral (lower half) shall be retired on the 
14 USC 41. 
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124 STAT. 2917 
PUBLIC LAW 111–281—OCT. 15, 2010 
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 para-
graph (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. 
‘‘(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 becomes 66 years of age.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the beginning of 
such chapter is amended by striking the item relating to such 
section and inserting the following: 
‘‘293. Compulsory retirement.’’. 
SEC. 216. 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 authorized to 
enforce chapter 551 of title 46. The Secretary shall establish a 
program for these officers and members to enforce that chapter.’’. 
(b) CLERICAL AMENDMENT.—The analysis for that chapter is 
further amended by adding at the end the following 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 Representa-
tives and the Senate Committee on Commerce, Science, and 
Transportation within 1 year after the date of enactment of this 
Act on the enforcement strategies and enforcement actions taken 
to enforce the coastwise trade laws. 
SEC. 217. 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 Infrastructure and the Com-
mittee on Homeland Security 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 members of 
the Coast Guard, and the number of sexual assaults by mem-
bers of the Coast Guard, that were reported to military officials 
during the year covered by such report, and the number of 
the cases so reported that were substantiated. 
14 USC 93 note. 
14 USC 81. 
14 USC 211. 
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124 STAT. 2918 
PUBLIC LAW 111–281—OCT. 15, 2010 
(2) A synopsis of, and the disciplinary action taken in, 
each substantiated case. 
(3) The policies, procedures, and processes implemented 
by the Secretary concerned during the year covered by such 
report in response to incidents of sexual assault involving mem-
bers 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. 218. HOME PORT OF COAST GUARD VESSELS IN GUAM. 
Section 96 of title 14, United States Code, is amended— 
(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. 219. SUPPLEMENTAL POSITIONING SYSTEM. 
Not later than 180 days after date of enactment of this Act, 
the Secretary of the department in which the Coast Guard is 
operating in consultation with the Commandant of the Coast Guard 
shall conclude their study of whether a single, domestic system 
is needed as a back-up navigation system to the Global Positioning 
System and notify the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate the results of 
such determination. 
SEC. 220. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME 
AUTHORITIES. 
Section 149 of title 14, United States Code, as amended by 
section 206, is further amended by adding at the end the following: 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) The Commandant may use funds for— 
‘‘(A) the activities of traveling contact teams, including 
any transportation expense, translation services expense, 
or administrative expense that is related to such activities; 
‘‘(B) the activities of maritime authority liaison teams 
of foreign governments making reciprocal visits to Coast 
Guard units, including any transportation expense, trans-
lation services expense, or administrative expense that is 
related to such activities; 
‘‘(C) seminars and conferences involving members of 
maritime authorities of foreign governments; 
‘‘(D) distribution of publications pertinent to engage-
ment with maritime authorities of foreign governments; 
and 
‘‘(E) personnel expenses for Coast Guard civilian and 
military personnel to the extent that those expenses relate 
to participation in an activity described in subparagraph 
(C) or (D). 
‘‘(2) An activity may not be conducted under this subsection 
with a foreign country unless the Secretary of State approves 
the conduct of such activity in that foreign country.’’. 
Deadline. 
Study. 
Notification. 
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124 STAT. 2919 
PUBLIC LAW 111–281—OCT. 15, 2010 
SEC. 221. COAST GUARD HOUSING. 
(a) IN GENERAL.—Chapter 18 of title 14, United States Code, 
is amended— 
(1) in section 680— 
(A) by striking paragraphs (1), (2), and (3) and 
inserting the following new paragraphs: 
‘‘(1) The term ‘construct’ means to build, renovate, or 
improve military family housing and military unaccompanied 
housing. 
‘‘(2) The term ‘construction’ means building, renovating, 
or improving military family housing and military unaccom-
panied housing.’’; and 
(B) by redesignating paragraphs (4) and (5) as para-
graphs (3) and (4), respectively; 
(2) in section 681(a)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘exercise any authority or any combination of authorities 
provided under this chapter in order to provide for the 
acquisition or construction by private persons, including 
a small business concern qualified under section 8(a) of 
the Small Business Act (15 U.S.C. 637(a)), of the following:’’ 
and inserting ‘‘acquire or construct the following:’’; 
(B) in paragraph (1), by striking ‘‘Family housing units’’ 
and inserting ‘‘Military family housing’’; and 
(C) in paragraph (2), by striking ‘‘Unaccompanied 
housing units’’ and inserting ‘‘Military unaccompanied 
housing’’; 
(3) by repealing sections 682, 683, and 684; 
(4) by amending section 685 to read as follows: 
‘‘§ 685. Conveyance of real property 
‘‘(a) CONVEYANCE AUTHORIZED.—Notwithstanding any other 
provision of law, the Secretary may convey, at fair market value, 
real property, owned or under the administrative control of the 
Coast Guard, for the purpose of expending the proceeds from such 
conveyance to acquire and construct military family housing and 
military unaccompanied housing. 
‘‘(b) TERMS AND CONDITIONS.— 
‘‘(1) The conveyance of real property under this section 
shall be by sale, for cash. The Secretary shall deposit the 
proceeds from the sale in the Coast Guard Housing Fund estab-
lished under section 687 of this title, for the purpose of 
expending such proceeds to acquire and construct military 
family housing and military unaccompanied housing. 
‘‘(2) The conveyance of real property under this section 
shall not diminish the mission capacity of the Coast Guard, 
but further the mission support capability of the Coast Guard 
with regard to military family housing or military unaccom-
panied housing. 
‘‘(c) RELATIONSHIP TO ENVIRONMENTAL LAW.—This section does 
not affect or limit the application of or obligation to comply with 
any environmental law, including section 120(h) of the Comprehen-
sive Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9620(h)).’’; 
(5) by repealing section 686; 
(6) in section 687— 
(A) in subsection (b)— 
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124 STAT. 2920 
PUBLIC LAW 111–281—OCT. 15, 2010 
(i) in paragraph (2), by striking ‘‘or unaccom-
panied’’ and inserting ‘‘or military unaccompanied’’; 
(ii) in paragraph (3)— 
(I) by striking ‘‘or lease’’; 
(II) by striking ‘‘or facilities’’; and 
(III) by striking ‘‘military family and’’ and 
inserting ‘‘military family housing and’’; and 
(iii) by repealing paragraph (4); 
(B) subsection (c), by amending paragraph (1) to read 
as follows:(1) In such amounts as provided in appropria-
tions Acts, and except as provided in subsection (d), the 
Secretary may use amounts in the Coast Guard Housing 
Fund to carry out activities under this chapter with respect 
to military family housing and military unaccompanied 
housing, including— 
‘‘(A) the planning, execution, and administration of 
the conveyance of real property; 
‘‘(B) all necessary expenses, including expenses for 
environmental compliance and restoration, to prepare real 
property for conveyance; and 
‘‘(C) the conveyance of real property.’’; 
(C) in subsection (e), by striking ‘‘or (b)(3)’’; and 
(D) by repealing subsections (f) and (g); 
(7) by repealing 687a; 
(8) by amending section 688 to read as follows: 
‘‘§ 688. Reports 
‘‘The Secretary shall prepare and submit to Congress, concur-
rent with the budget submitted pursuant to section 1105 of title 
31, a report identifying the contracts or agreements for the convey-
ance of properties pursuant to this chapter executed during the 
prior calendar year.’’; and 
(9) by repealing section 689. 
(b) SAVINGS CLAUSE.—This section shall not affect any action 
commenced prior to the date of enactment of this Act. 
(c) CLERICAL AMENDMENT.—The chapter analysis at the begin-
ning of such chapter is amended— 
(1) by striking the items relating to sections 682, 683, 
684, 686, 687a, and 689; and 
(2) by amending the item relating to section 685 to read 
as follows: 
‘‘685. Conveyance of real property.’’. 
SEC. 222. CHILD DEVELOPMENT SERVICES. 
Section 515 of title 14, United States Code, is amended— 
(1) by striking subsection (b) and inserting the following: 
‘‘(b)(1) The Commandant is authorized to use appropriated 
funds available to the Coast Guard to provide child development 
services. 
‘‘(2)(A) The Commandant is authorized to establish, by regula-
tions, fees to be charged parents for the attendance of children 
at Coast Guard child development centers. 
‘‘(B) Fees to be charged, pursuant to subparagraph (A), shall 
be based on family income, except that the Commandant may, 
on a case-by-base basis, establish fees at lower rates if such rates 
would not be competitive with rates at local child development 
centers. 
Regulations. 
Fees. 
14 USC 680. 
14 USC 680 note. 
14 USC 687a. 
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124 STAT. 2921 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(C) The Commandant is authorized to collect and expend fees, 
established pursuant to this subparagraph, and such fees shall, 
without further appropriation, remain available until expended for 
the purpose of providing services, including the compensation of 
employees and the purchase of consumable and disposable items, 
at Coast Guard child development centers. 
‘‘(3) The Commandant is authorized to use appropriated funds 
available to the Coast Guard to provide assistance to family home 
daycare providers so that family home daycare services can be 
provided to uniformed service members and civilian employees of 
the Coast Guard at a cost comparable to the cost of services provided 
by Coast Guard child development centers.’’; 
(2) by repealing subsections (d) and (e); and 
(3) by redesignating subsections (f) and (g) as subsections 
(d) and (e), respectively. 
SEC. 223. CHAPLAIN ACTIVITY EXPENSE. 
Section 145 of title 14, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking ‘‘and’’ at the end; 
(B) in paragraph (3), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(4) detail personnel from the Chaplain Corps to provide 
services, pursuant to section 1789 of title 10, to the Coast 
Guard.’’; and 
(2) by adding at the end the following new subsection: 
‘‘(d)(1) As part of the services provided by the Secretary of 
the Navy pursuant to subsection (a)(4), the Secretary may provide 
support services to chaplain-led programs to assist members of 
the Coast Guard on active duty and their dependents, and members 
of the reserve component in an active status and their dependents, 
in building and maintaining a strong family structure. 
‘‘(2) In this subsection, the term ‘support services’ include 
transportation, food, lodging, child care, supplies, fees, and training 
materials for members of the Coast Guard on active duty and 
their dependents, and members of the reserve component in an 
active status and their dependents, while participating in programs 
referred to in paragraph (1), including participation at retreats 
and conferences. 
‘‘(3) In this subsection, the term ‘dependents’ has the same 
meaning as defined in section 1072(2) of title 10.’’. 
SEC. 224. COAST GUARD CROSS; SILVER STAR MEDAL. 
(a) COAST GUARD CROSS.—Chapter 13 of title 14, United States 
Code, is amended by inserting after section 491 the following new 
section: 
‘‘§ 491a. Coast Guard cross 
‘‘The President may award a Coast Guard cross of appropriate 
design, with ribbons and appurtenances, to a person who, while 
serving in any capacity with the Coast Guard, when the Coast 
Guard is not operating under the Department of the Navy, distin-
guishes himself or herself by extraordinary heroism not justifying 
the award of a medal of honor— 
‘‘(1) while engaged in an action against an enemy of the 
United States; 
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124 STAT. 2922 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(2) while engaged in military operations involving conflict 
with an opposing foreign force or international terrorist 
organization; or 
‘‘(3) while serving with friendly foreign forces engaged in 
an armed conflict against an opposing armed force in which 
the United States is not a belligerent party.’’. 
(b) SILVER STAR MEDAL.—Such chapter is further amended— 
(1) by striking the designation and heading of section 492a 
and inserting the following: 
‘‘§ 492b. Distinguished flying cross’’; 
and 
(2) by inserting after section 492 the following new section: 
‘‘§ 492a. Silver star medal 
‘‘The President may award a silver star medal of appropriate 
design, with ribbons and appurtenances, to a person who, while 
serving in any capacity with the Coast Guard, when the Coast 
Guard is not operating under the Department of the Navy, is 
cited for gallantry in action that does not warrant a medal of 
honor or Coast Guard cross— 
‘‘(1) while engaged in an action against an enemy of the 
United States; 
‘‘(2) while engaged in military operations involving conflict 
with an opposing foreign force or international terrorist 
organization; or 
‘‘(3) while serving with friendly foreign forces engaged in 
an armed conflict against an opposing armed force in which 
the United States is not a belligerent party.’’. 
(c) CONFORMING
AMENDMENTS.—Such chapter is further 
amended— 
(1) in section 494, by striking ‘‘distinguished service medal, 
distinguished flying cross,’’ and inserting ‘‘Coast Guard cross, 
distinguished service medal, silver star medal, distinguished 
flying cross,’’ in both places it appears; 
(2) in section 496— 
(A) in the matter preceding paragraph (1) of subsection 
(a), by striking ‘‘distinguished service medal, distinguished 
flying cross,’’ and inserting ‘‘Coast Guard cross, distin-
guished service medal, silver star medal, distinguished 
flying cross,’’; and 
(B) in subsection (b)(2), by striking ‘‘distinguished 
service medal, distinguished flying cross,’’ and inserting 
‘‘Coast Guard cross, distinguished service medal, silver star 
medal, distinguished flying cross,’’; and 
(3) in section 497, by striking ‘‘distinguished service medal, 
distinguished flying cross,’’ and inserting ‘‘Coast Guard cross, 
distinguished service medal, silver star medal, distinguished 
flying cross,’’. 
(d) CLERICAL AMENDMENTS.—The analysis at the beginning 
of such chapter is amended— 
(1) by inserting after the item relating to section 491 the 
following new item: 
‘‘491a. Coast Guard cross.’’. 
14 USC 461. 
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124 STAT. 2923 
PUBLIC LAW 111–281—OCT. 15, 2010 
(2) by striking the item relating to section 492a and 
inserting the following new items: 
‘‘492a. Silver star medal. 
‘‘492b. Distinguished flying cross.’’. 
TITLE III—SHIPPING AND NAVIGATION 
SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDIC-
TION. 
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 following: 
‘‘(a) IN GENERAL.—The’’. 
(2) in subsection (a) (as designated by paragraph (1)) by 
striking ‘‘$100; and the’’ and inserting ‘‘up to $10,000. Each 
day during which a violation continues shall constitute a sepa-
rate 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 territorial sea 
of the United States as described in Presidential Proclamation 
No. 5928 of December 27, 1988.’’. 
SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT- 
SIMPLE POSSESSION. 
Section 70506 of title 46, United States Code, is amended 
by adding at the end the following: 
‘‘(c) SIMPLE POSSESSION.— 
‘‘(1) IN GENERAL.—Any individual on a vessel subject to 
the jurisdiction of the United States who is found by the Sec-
retary, after notice and an opportunity for a hearing, to have 
knowingly or intentionally 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 5,000 for each violation. The Secretary shall 
notify the individual in writing of the amount of the civil 
penalty. 
‘‘(2) DETERMINATION
OF
AMOUNT.—In determining the 
amount of the penalty, the Secretary shall consider the nature, 
circumstances, extent, and gravity of the prohibited acts com-
mitted and, with respect to the violator, the degree of culpa-
bility, any history of prior offenses, ability to pay, and other 
matters that justice requires. 
‘‘(3) TREATMENT OF CIVIL PENALTY ASSESSMENT.—Assess-
ment of a civil penalty under this subsection shall not be 
considered a conviction for purposes of State or Federal law 
but may be considered proof of possession if such a determina-
tion is relevant.’’. 
SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT 
LAW. 
(a) DEFINITIONS.—Section 14101(4) of title 46, United States 
Code, is amended— 
(1) by striking ‘‘engaged’’ the first place it appears and 
inserting ‘‘that engages’’; 
Notification. 
Penalty. 
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124 STAT. 2924 
PUBLIC LAW 111–281—OCT. 15, 2010 
(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 engaged on 
that voyage)’’; 
(4) in subparagraph (C), by striking ‘‘departing’’ 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 follows: 
‘‘(a) Except as otherwise provided in this section, this chapter 
applies to any vessel for which the application of 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 government 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 nationality, 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 redesignated, 
to read as follows: 
‘‘(5) a barge of United States registry or nationality, or 
a barge operated under the authority of the United States 
(except a barge that engages on a foreign 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 existing 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 November 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.’’. 
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124 STAT. 2925 
PUBLIC LAW 111–281—OCT. 15, 2010 
(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 Convention does not apply, 
the Secretary shall prescribe 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 subsection (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 inserting 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 registry or nationality, or a vessel 
operated under the authority of the United States,’’. 
(g) APPLICATION.—Section 14501 of that title is amended— 
(1) by amending paragraph (1) to read as follows: 
‘‘(1) A vessel not measured under chapter 143 of this title 
if the application of an international agreement 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 section,’’; 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 section.’’. 
(i) RECIPROCITY
FOR
FOREIGN
VESSELS.—Subchapter 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 substantially similar to those 
of this chapter and the regulations prescribed under this chapter, 
the Secretary may accept the measurement and certificate of a 
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124 STAT. 2926 
PUBLIC LAW 111–281—OCT. 15, 2010 
vessel of that foreign country as complying with this chapter and 
the regulations prescribed under this chapter.’’. 
(j) CLERICAL AMENDMENT.—The analysis for subchapter II of 
chapter 145 of such title is amended by adding at the end the 
following: 
‘‘14514. Reciprocity for foreign vessels.’’. 
SEC. 304. 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 Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate— 
(1) a plan, including estimated costs, to ensure that the 
process for an application, 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 docu-
ment can be completed entirely by mail; and 
(2) a report on the feasibility of, and a timeline to, redesign 
the merchant mariner document to comply with the require-
ments of such section, including a biometric identifier, and 
all relevant international conventions, including the Inter-
national Labour Organization Convention Number 185 con-
cerning the seafarers identity document, and include a review 
on whether or not such redesign will eliminate the need for 
separate identity credentials and background screening and 
streamline the application process for mariners. 
SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION 
PROJECT. 
(a) STUDY.—The Commandant of the Coast Guard, in conjunc-
tion with the Administrator of the Environmental Protection 
Agency, shall conduct a study— 
(1) that surveys new technology and new applications of 
existing technology for reducing air emissions from cargo or 
passenger vessels that operate in United States waters and 
ports; and 
(2) that identifies the impediments, including any laws 
or regulations, to demonstrating the technology identified in 
paragraph (1). 
(b) REPORT.—Within 180 days after the date of enactment 
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 and the Committee on Energy 
and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation and the Committee on 
Environment and Public Works of the Senate. 
SEC. 306. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOP-
MENT. 
(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 mooring equipment of a mobile 
offshore drilling unit that is located over the Outer Continental 
Shelf (as defined in section 2(a) of the Outer Continental Shelf 
Determination. 
Federal Register, 
publication. 
Reports. 
Plans. 
Deadline. 
46 USC 14501. 
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124 STAT. 2927 
PUBLIC LAW 111–281—OCT. 15, 2010 
Lands Act (43 U.S.C. 1331(a)) for operations in support of explo-
ration, or flow-testing and stimulation of wells, for offshore mineral 
or energy resources in the Beaufort Sea or the Chukchi Sea adjacent 
to Alaska— 
(1) for a 1-year period from the date the lessee gives the 
Secretary of Transportation written notice of the commence-
ment of such exploration drilling if the Secretary determines, 
after publishing notice in the Federal Register, that insufficient 
vessels documented under section 12111(d) of title 46, United 
States Code, are reasonably available and suitable for these 
support operations and all such reasonably available and suit-
able vessels are employed in support of such operations; and 
(2) for an additional period until such vessels are available 
if the Secretary of Transportation determines— 
(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 documented 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 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 commit-
ment referred to in subsection (a)(2)(A) occurs, foreign-flag anchor 
handling vessels may not be employed for the setting, relocation, 
or recovery of anchors or other mooring equipment of a mobile 
offshore drilling unit after December 31, 2017. 
(c) LESSEE DEFINED.—In this section, the term ‘‘lessee’’ means 
the holder of a lease (as defined in section 1331(c) of title 43, 
United States Code), who, prior to giving the written notice in 
subsection (a)(1), has entered into a binding agreement to employ 
a suitable vessel documented or to be documented under 12111(d) 
of title 46, United States Code. 
(d) SAVINGS PROVISION.—Nothing in subsection (a) may be con-
strued to authorize the employment in the coastwise trade of a 
vessel that does not meet the requirements of 12111 of title 46, 
United States Code. 
SEC. 307. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION. 
(a) PURPOSE.—The purpose of this section is to ensure safe 
and secure maritime shipping in the Arctic including the availability 
of aids to navigation, vessel escorts, spill response capability, and 
maritime search and rescue in the Arctic. 
(b) INTERNATIONAL MARITIME ORGANIZATION AGREEMENTS.— 
To carry out the purpose of this section, the Secretary of the 
department in which the Coast Guard is operating is encouraged 
to enter into negotiations through the International Maritime 
Organization to conclude and execute agreements to promote coordi-
nated action among the United States, Russia, Canada, Iceland, 
Norway, and Denmark and other seafaring and Arctic nations to 
ensure, in the Arctic— 
(1) placement and maintenance of aids to navigation; 
14 USC 92 note. 
Notice. 
Deadline. 
Contracts. 
Notice. 
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124 STAT. 2928 
PUBLIC LAW 111–281—OCT. 15, 2010 
(2) appropriate marine safety, tug, and salvage 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 TRANSPOR-
TATION SYSTEM.—The Committee on the Maritime Transportation 
System established under a directive of the President in the Ocean 
Action Plan, issued December 17, 2004, shall coordinate the 
establishment of domestic transportation policies in the Arctic nec-
essary to carry out the purpose of this section. 
(d) AGREEMENTS AND CONTRACTS.—The Secretary of the depart-
ment in which the Coast Guard is operating may, subject to the 
availability of appropriations, enter into cooperative 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 naviga-
tion by means of icebreaking where necessary, feasible, and effective 
to carry out the purposes of this section. 
(f) INDEPENDENT ICE BREAKER ANALYSES.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating shall require a non-
governmental, independent third party (other than the National 
Academy of Sciences) that has extensive experience in the 
analysis of military procurements, to— 
(A) conduct a comparative cost-benefit analysis, taking 
into account future Coast Guard budget projections (which 
assume Coast Guard budget growth of no more than infla-
tion) and other recapitalization needs, of— 
(i) rebuilding, renovating, or improving the existing 
fleet of polar icebreakers for operation by the Coast 
Guard; 
(ii) constructing new polar icebreakers for oper-
ation by the Coast Guard; 
(iii) construction of new polar icebreakers by the 
National Science Foundation for operation by the 
Foundation; 
(iv) rebuilding, renovating, or improving the 
existing fleet of polar icebreakers by the National 
Science Foundation for operation by the Foundation; 
and 
(v) any combination of the activities described in 
clause (i), (ii), (iii), or (iv) to carry out the missions 
of the Coast Guard and the National Science Founda-
tion; and 
(B) conduct a comprehensive analysis of the impact 
on all Coast Guard activities, including operations, mainte-
nance, procurements, and end strength, of the acquisition 
of polar icebreakers described in subparagraph (A) by the 
Coast Guard or the National Science Foundation assuming 
that total Coast Guard funding will not increase more 
than the annual rate of inflation. 
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of the department in which 
Deadline. 
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124 STAT. 2929 
PUBLIC LAW 111–281—OCT. 15, 2010 
the Coast Guard is operating shall submit a report containing 
the results of the analyses required under paragraph (1), 
together with recommendations the Commandant considers 
appropriate under section 93(a)(24) of title 14, United States 
Code, to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives. 
(g) HIGH-LATITUDE STUDY.—Not later than 90 days after the 
date of enactment of this Act or the date of completion of the 
ongoing High-Latitude Study to assess polar icebreaking mission 
requirements for all Coast Guard missions including search and 
rescue, marine pollution response and prevention, fisheries enforce-
ment, and maritime commerce, whichever occurs later, the Com-
mandant of the Coast Guard shall submit a report containing 
the results of the study, together with recommendations the Com-
mandant considers appropriate under section 93(a)(24) of title 14, 
United States Code, to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives. 
(h) 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). 
TITLE IV—ACQUISITION REFORM 
SEC. 401. CHIEF ACQUISITION OFFICER. 
(a) IN GENERAL.—Chapter 3 of title 14, United States Code, 
is further amended by adding at the end the following: 
‘‘§ 56. Chief Acquisition Officer 
‘‘(a) IN GENERAL.—There shall be in the Coast Guard a Chief 
Acquisition Officer selected by the Commandant who shall be a 
Rear Admiral or civilian from the Senior Executive Service (career 
reserved) and who meets the qualifications set forth under sub-
section (b). The Chief Acquisition Officer shall serve at the Assistant 
Commandant level and have acquisition management as that 
individual’s primary duty. 
‘‘(b) QUALIFICATIONS.— 
‘‘(1) The Chief Acquisition Officer and any flag officer 
serving in the Acquisition Directorate shall be an acquisition 
professional with a Level III acquisition management certifi-
cation and must have at least 10 years experience in an acquisi-
tion position, of which at least 4 years were spent as— 
‘‘(A) the program executive officer; 
‘‘(B) the program manager of a Level 1 or Level 2 
acquisition project or program; 
‘‘(C) the deputy program manager of a Level 1 or 
Level 2 acquisition; 
‘‘(D) the project manager of a Level 1 or Level 2 acquisi-
tion; or 
‘‘(E) any other acquisition position of significant respon-
sibility in which the primary duties are supervisory or 
management duties. 
‘‘(2) The Commandant shall periodically publish a list of 
the positions designated under paragraph (1). 
Lists. 
Deadline. 
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124 STAT. 2930 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(3) In this subsection each of the terms ‘Level 1 acquisition’ 
and ‘Level 2 acquisition’ has the meaning that term has in 
chapter 15 of this title. 
‘‘(c) FUNCTIONS OF THE CHIEF ACQUISITION OFFICER.—The func-
tions of the Chief Acquisition Officer include— 
‘‘(1) monitoring the performance of acquisition projects and 
programs on the basis of applicable performance measurements 
and advising the Commandant, through the chain of command, 
regarding the appropriate business strategy to achieve the mis-
sions of the Coast Guard; 
‘‘(2) maximizing the use of full and open competition at 
the prime contract and subcontract levels in the acquisition 
of property, capabilities, assets, and services by the Coast 
Guard by establishing policies, procedures, and practices that 
ensure that the Coast Guard receives a sufficient number of 
sealed bids or competitive proposals from responsible sources 
to fulfill the Government’s requirements, including performance 
and delivery schedules, at the lowest cost or best value consid-
ering the nature of the property, capability, asset, or service 
procured; 
‘‘(3) making acquisition decisions in concurrence with the 
technical authority, or technical authorities, of the Coast Guard, 
as designated by the Commandant, consistent with all other 
applicable laws and decisions establishing procedures within 
the Coast Guard; 
‘‘(4) ensuring the use of detailed performance specifications 
in instances in which performance-based contracting is used; 
‘‘(5) managing the direction of acquisition policy for the 
Coast Guard, including implementation of the unique acquisi-
tion policies, regulations, and standards of the Coast Guard; 
‘‘(6) developing and maintaining an acquisition career 
management program in the Coast Guard to ensure that there 
is an adequate acquisition workforce; 
‘‘(7) assessing the requirements established for Coast Guard 
personnel regarding knowledge and skill in acquisition 
resources and management and the adequacy of such require-
ments for facilitating the achievement of the performance goals 
established for acquisition management; 
‘‘(8) developing strategies and specific plans for hiring, 
training, and professional development; and 
‘‘(9) reporting to the Commandant, through the chain of 
command, on the progress made in improving acquisition 
management capability.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for chapter 
3 of title 14, United States Code, is amended by adding at the 
end the following: 
‘‘56. Chief Acquisition Officer.’’. 
(c) SELECTION DEADLINE.—As soon as practicable after the date 
of enactment of this Act, but no later than October 1, 2011, the 
Commandant of the Coast Guard shall select a Chief Acquisition 
Officer under section 56 of title 14, United States Code, as amended 
by this section. 
(d) SPECIAL RATE SUPPLEMENTS.— 
(1) REQUIREMENT TO ESTABLISH.—Not later than 1 year 
after the date of enactment of this Act and in accordance 
with part 9701.333 of title 5, Code of Federal Regulations, 
Deadline. 
14 USC 56 note. 
14 USC 56 note. 
14 USC 41. 
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124 STAT. 2931 
PUBLIC LAW 111–281—OCT. 15, 2010 
the Commandant of the Coast Guard shall establish special 
rate supplements that provide higher pay levels for employees 
necessary to carry out the amendment made by this section. 
(2) SUBJECT TO APPROPRIATIONS.—The requirement under 
paragraph (1) is subject to the availability of appropriations. 
(e) ELEVATION
OF
DISPUTES
TO
THE
CHIEF
ACQUISITION 
OFFICER.—If, after 90 days following the elevation to the Chief 
Acquisition Officer of any design or other dispute regarding Level 
1 or Level 2 acquisition, the dispute remains unresolved, the Com-
mandant shall provide to the appropriate congressional committees 
a detailed description of the issue and the rationale underlying 
the decision taken by the Chief Acquisition Officer to resolve the 
issue. 
SEC. 402. ACQUISITIONS. 
(a) IN GENERAL.—Part I of title 14, United States Code, is 
amended by inserting after chapter 13 the following: 
‘‘CHAPTER 15—ACQUISITIONS 
‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘Sec. 
‘‘561. Acquisition directorate. 
‘‘562. Improvements in Coast Guard acquisition management. 
‘‘563. Recognition of Coast Guard personnel for excellence in acquisition. 
‘‘564. Prohibition on use of lead systems integrators. 
‘‘565. Required contract terms. 
‘‘566. Department of Defense consultation. 
‘‘567. Undefinitized contractual actions. 
‘‘568. Guidance on excessive pass-through charges. 
‘‘569. Report on former Coast Guard officials employed by contractors to the agency. 
‘‘SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND PROCEDURES 
‘‘Sec. 
‘‘571. Identification of major system acquisitions. 
‘‘572. Acquisition. 
‘‘573. Preliminary development and demonstration. 
‘‘574. Acquisition, production, deployment, and support. 
‘‘575. Acquisition program baseline breach. 
‘‘576. Acquisition approval authority. 
‘‘SUBCHAPTER III—DEFINITIONS 
‘‘581. Definitions. 
‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘§ 561. Acquisition directorate 
‘‘(a) ESTABLISHMENT.—The Commandant of the Coast Guard 
shall establish an acquisition directorate to provide guidance and 
oversight for the implementation and management of all Coast 
Guard acquisition processes, programs, and projects. 
‘‘(b) MISSION.—The mission of the acquisition directorate is— 
‘‘(1) to acquire and deliver assets and systems that increase 
operational readiness, enhance mission performance, and create 
a safe working environment; and 
‘‘(2) to assist in the development of a workforce that is 
trained and qualified to further the Coast Guard’s missions 
and deliver the best-value products and services to the Nation. 
‘‘§ 562. Improvements in Coast Guard acquisition manage-
ment 
‘‘(a) PROJECT OR PROGRAM MANAGERS.— 
14 USC 561. 
Deadline. 
14 USC 56 note. 
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124 STAT. 2932 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(1) LEVEL 1 PROJECTS.—An individual may not be assigned 
as the project or program manager for a Level 1 acquisition 
unless the individual holds a Level III acquisition certification 
as a program manager. 
‘‘(2) LEVEL 2 PROJECTS.—An individual may not be assigned 
as the project or program manager for a Level 2 acquisition 
unless the individual holds a Level II acquisition certification 
as a program manager. 
‘‘(b) GUIDANCE ON TENURE AND ACCOUNTABILITY OF PROGRAM 
AND PROJECT MANAGERS.— 
‘‘(1) ISSUANCE OF GUIDANCE.—Not later than one year after 
the date of enactment of the Coast Guard Authorization Act 
for Fiscal Years 2010 and 2011, the Commandant shall issue 
guidance to address the qualifications, resources, responsibil-
ities, tenure, and accountability of program and project man-
agers for the management of acquisition projects and programs. 
The guidance shall address, at a minimum— 
‘‘(A) the qualifications required for project or program 
managers, including the number of years of acquisition 
experience and the professional training levels to be 
required of those appointed to project or program manage-
ment positions; 
‘‘(B) authorities available to project or program man-
agers, including, to the extent appropriate, the authority 
to object to the addition of new program requirements 
that would be inconsistent with the parameters established 
for an acquisition program; and 
‘‘(C) the extent to which a project or program manager 
who initiates a new acquisition project or program will 
continue in management of that project or program without 
interruption until the delivery of the first production units 
of the program. 
‘‘(2) STRATEGY.— 
‘‘(A) IN GENERAL.—Not later than 18 months after the 
date of enactment of this section, the Commandant shall 
develop a comprehensive strategy for enhancing the role 
of Coast Guard project or program managers in developing 
and carrying out acquisition programs. 
‘‘(B) MATTERS
TO
BE
ADDRESSED.—The strategy 
required by this section shall address, at a minimum— 
‘‘(i) the creation of a specific career path and career 
opportunities for individuals who are or may become 
project or program managers, including the rotational 
assignments that will be provided to project or program 
managers; 
‘‘(ii) the provision of enhanced training and edu-
cational opportunities for individuals who are or may 
become project or program managers; 
‘‘(iii) the provision of mentoring support to current 
and future project or program managers by experienced 
senior executives and program managers within the 
Coast Guard, and through rotational assignments to 
the Department of Defense; 
‘‘(iv) the methods by which the Coast Guard will 
collect and disseminate best practices and lessons 
learned on systems acquisition to enhance project and 
program management throughout the Coast Guard; 
Deadline. 
Deadline. 
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124 STAT. 2933 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(v) the templates and tools that will be used to 
support improved data gathering and analysis for 
project and program management and oversight pur-
poses, including the metrics that will be utilized to 
assess the effectiveness of Coast Guard project or pro-
gram managers in managing systems acquisition 
efforts; and 
‘‘(vi) the methods by which the accountability of 
project or program managers for the results of acquisi-
tion projects and programs will be increased. 
‘‘(c) ACQUISITION WORKFORCE.— 
‘‘(1) IN GENERAL.—The Commandant shall designate a suffi-
cient number of positions to be in the Coast Guard’s acquisition 
workforce to perform acquisition-related functions at Coast 
Guard headquarters and field activities. 
‘‘(2) REQUIRED POSITIONS.—In designating positions under 
subsection (a), the Commandant shall include, at a minimum, 
positions encompassing the following competencies and func-
tions: 
‘‘(A) Program management. 
‘‘(B) 
Systems 
planning, 
research, 
development, 
engineering, and testing. 
‘‘(C) Procurement, including contracting. 
‘‘(D) Industrial and contract property management. 
‘‘(E) Life-cycle logistics. 
‘‘(F) Quality control and assurance. 
‘‘(G) Manufacturing and production. 
‘‘(H) Business, cost estimating, financial management, 
and auditing. 
‘‘(I) Acquisition education, training, and career develop-
ment. 
‘‘(J) Construction and facilities engineering. 
‘‘(K) Testing and evaluation. 
‘‘(3) ACQUISITION MANAGEMENT HEADQUARTER ACTIVITIES.— 
The Commandant shall also designate as positions in the 
acquisition workforce under paragraph (1) those acquisition- 
related positions located at Coast Guard headquarters units. 
‘‘(4) APPROPRIATE EXPERTISE REQUIRED.—The Commandant 
shall ensure that each individual assigned to a position in 
the acquisition workforce has the appropriate expertise to carry 
out the responsibilities of that position. 
‘‘(d) MANAGEMENT INFORMATION SYSTEM.— 
‘‘(1) IN
GENERAL.—The Commandant shall establish a 
management information system capability to improve acquisi-
tion workforce management and reporting. 
‘‘(2) INFORMATION
MAINTAINED.—Information maintained 
with such capability shall include the following standardized 
information on individuals assigned to positions in the 
workforce: 
‘‘(A) Qualifications, assignment history, and tenure of 
those individuals assigned to positions in the acquisition 
workforce or holding acquisition-related certifications. 
‘‘(B) Promotion rates for officers and members of the 
Coast Guard in the acquisition workforce. 
‘‘(e) REPORT ON ADEQUACY OF ACQUISITION WORKFORCE.— 
‘‘(1) IN GENERAL.—The Commandant shall report to the 
appropriate congressional committees and the Committee on 
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124 STAT. 2934 
PUBLIC LAW 111–281—OCT. 15, 2010 
Homeland Security of the House of Representatives by July 
1 of each year on the scope of the acquisition activities to 
be performed in the next fiscal year and on the adequacy 
of the current acquisition workforce to meet that anticipated 
workload. 
‘‘(2) CONTENTS.—The report shall— 
‘‘(A) specify the number of officers, members, and 
employees of the Coast Guard currently and planned to 
be assigned to each position designated under subsection 
(c); and 
‘‘(B) identify positions that are understaffed to meet 
the anticipated acquisition workload, and actions that will 
be taken to correct such understaffing. 
‘‘(f) APPOINTMENTS
TO
ACQUISITION
POSITIONS.—The Com-
mandant shall ensure that no requirement or preference for officers 
or members of the Coast Guard is used in the consideration of 
persons for positions in the acquisition workforce. 
‘‘(g) CAREER PATHS.— 
‘‘(1) IDENTIFICATION
OF
CAREER
PATHS.—To establish 
acquisition management as a core competency of the Coast 
Guard, the Commandant shall— 
‘‘(A) ensure that career paths for officers, members, 
and employees of the Coast Guard who wish to pursue 
careers in acquisition are identified in terms of the edu-
cation, training, experience, and assignments necessary for 
career progression of those officers, members, and 
employees to the most senior positions in the acquisition 
workforce; and 
‘‘(B) publish information on such career paths. 
‘‘(2) PROMOTION PARITY.—The Commandant shall ensure 
that promotion parity is established for officers and members 
of the Coast Guard who have been assigned to the acquisition 
workforce relative to officers and members who have not been 
assigned to the acquisition workforce. 
‘‘§ 563. Recognition of Coast Guard personnel for excellence 
in acquisition 
‘‘(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of the Coast Guard Authorization Act for Fiscal Years 
2010 and 2011, the Commandant shall commence implementation 
of a program to recognize excellent performance by individuals 
and teams comprised of officers, members, and employees of the 
Coast Guard that contributed to the long-term success of a Coast 
Guard acquisition project or program. 
‘‘(b) ELEMENTS.—The program shall include— 
‘‘(1) specific award categories, criteria, and eligibility and 
manners of recognition; 
‘‘(2) procedures for the nomination by personnel of the 
Coast Guard of individuals and teams comprised of officers, 
members, and employees of the Coast Guard for recognition 
under the program; and 
‘‘(3) procedures for the evaluation of nominations for rec-
ognition under the program by one or more panels of individuals 
from the Government, academia, and the private sector who 
have such expertise and are appointed in such manner as 
the Commandant shall establish for the purposes of this pro-
gram. 
Deadline. 
Publication. 
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124 STAT. 2935 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(c) AWARD OF CASH BONUSES.—As part of the program required 
by subsection (a), the Commandant, subject to the availability of 
appropriations, may award to any civilian employee recognized 
pursuant to the program a cash bonus to the extent that the 
performance of such individual so recognized warrants the award 
of such bonus. 
‘‘§ 564. Prohibition on use of lead systems integrators 
‘‘(a) IN GENERAL.— 
‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.—Except as pro-
vided in subsection (b), the Commandant may not use a private 
sector entity as a lead systems integrator for an acquisition 
contract awarded or delivery order or task order issued after 
the date of enactment of the Coast Guard Authorization Act 
for Fiscal Years 2010 and 2011. 
‘‘(2) FULL AND OPEN COMPETITION.—The Commandant and 
any lead systems integrator engaged by the Coast Guard, 
pursuant to the exceptions described in subsection (b), shall 
use full and open competition for any acquisition contract 
awarded after the date of enactment of that Act, unless other-
wise excepted in accordance with Federal acquisition laws and 
regulations promulgated under those laws, including the Fed-
eral Acquisition Regulation. 
‘‘(3) NO EFFECT ON SMALL BUSINESS ACT.—Nothing 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 MODERNIZA-
TION PROGRAM; C4ISR; NATIONAL SECURITY CUTTERS 2 AND 3.— 
Notwithstanding subsection (a), 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), the C4ISR projects directly related to the Integrated 
Deepwater program, and National Security Cutters 2 and 3, 
if the Secretary of the department in which the Coast Guard 
is operating certifies that— 
‘‘(A) the acquisition is in accordance with Federal law 
and the Federal Acquisition Regulation; and 
‘‘(B) the acquisition and the use of a private sector 
lead systems integrator for the acquisition is in the best 
interest of the Federal Government. 
‘‘(2) REPORT ON DECISIONMAKING PROCESS.—If the Com-
mandant uses a private sector lead systems integrator for an 
acquisition, the Commandant shall notify in writing the appro-
priate congressional committees of the Commandant’s deter-
mination and shall provide to such committees 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 comparison of the cost of the acquisition through the private 
sector lead systems integrator with the expected cost if the 
acquisition were awarded directly to the manufacturer or ship-
yard. For purposes of that comparison, the cost of award directly 
to a manufacturer or shipyard shall include the costs of Govern-
ment contract management and oversight. 
Certification. 
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124 STAT. 2936 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.—Neither an 
entity performing lead systems integrator functions for a Coast 
Guard acquisition nor a Tier 1 subcontractor for any acquisition 
may have a financial interest 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 subcontractor 
through a process over which the lead systems integrator and 
a Tier 1 subcontractor exercised no control; or 
‘‘(4) the Commandant has determined that the procurement 
was awarded in a manner consistent with Federal acquisition 
laws and regulations promulgated under those laws, including 
the Federal Acquisition Regulation. 
‘‘(d) 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 committees that the Coast 
Guard has available and can retain sufficient acquisition 
workforce personnel and expertise within the Coast Guard, 
through an arrangement with other Federal agencies, or 
through contracts or other arrangements with private sector 
entities, to perform the functions and responsibilities of the 
lead systems integrator in an efficient and cost-effective 
manner. 
‘‘§ 565. Required contract terms 
‘‘(a) IN GENERAL.—The Commandant shall ensure that a con-
tract awarded or a delivery order or task order issued for an 
acquisition of a capability or an asset with an expected service 
life of 10 or more 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 the Coast Guard Authorization 
Act for Fiscal Years 2010 and 2011— 
‘‘(1) provides that all certifications for an end-state capa-
bility 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) provides that the Commandant shall maintain the 
authority to establish, approve, and maintain technical require-
ments; 
‘‘(3) requires that any measurement of contractor and sub-
contractor 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 compliance will be the air, surface, or 
Certification. 
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124 STAT. 2937 
PUBLIC LAW 111–281—OCT. 15, 2010 
shore standard then used by the Department of the Navy 
for that type of capability or asset; and 
‘‘(5) for any contract awarded to acquire an Offshore Patrol 
Cutter, includes provisions specifying the service life, fatigue 
life, and days underway in general Atlantic and North Pacific 
Sea conditions, maximum range, and maximum speed the 
cutter will be built to achieve. 
‘‘(b) PROHIBITED PROVISIONS.— 
‘‘(1) IN GENERAL.—The Commandant shall ensure that any 
contract awarded or delivery order or task order issued by 
the Coast Guard after the date of enactment of the Coast 
Guard Authorization Act of 2010 does not include any provision 
allowing for equitable adjustment that is not consistent with 
the Federal Acquisition Regulations. 
‘‘(2) EXTENSION OF PROGRAM.—A contract, contract modi-
fication, or award term extending a contract with a lead systems 
integrator— 
‘‘(A) may not include any minimum requirements for 
the purchase of a given or determinable number of specific 
capabilities or assets; and 
‘‘(B) shall be reviewed by an independent third party 
with expertise in acquisition management, and the results 
of that review shall be submitted to the appropriate 
congressional committees at least 60 days prior to the 
award of the contract, contract modification, or award term. 
‘‘(c) INTEGRATED PRODUCT TEAMS.—Integrated product teams, 
and all teams that oversee integrated product teams, shall be 
chaired by officers, members, or employees of the Coast Guard. 
‘‘(d) TECHNICAL AUTHORITY.—The Commandant shall maintain 
or designate the technical authority to establish, approve, and main-
tain technical requirements. Any such designation shall be made 
in writing and may not be delegated to the authority of the Chief 
Acquisition Officer established by section 56 of this title. 
‘‘§ 566. Department of Defense consultation 
‘‘(a) IN GENERAL.—The Commandant shall make arrangements 
as appropriate with the Secretary of Defense for support in con-
tracting and management of Coast Guard acquisition programs. 
The Commandant shall also seek opportunities to make use of 
Department of Defense contracts, and contracts of other appropriate 
agencies, to obtain the best possible price for assets acquired for 
the Coast Guard. 
‘‘(b) INTERSERVICE TECHNICAL ASSISTANCE.—The Commandant 
shall seek to enter into a memorandum of understanding or a 
memorandum of agreement with the Secretary of the Navy to 
obtain the assistance of the Office of the Assistant Secretary of 
the Navy for Research, Development, and Acquisition, including 
the Navy Systems Command, with the oversight of Coast Guard 
major acquisition programs. The memorandum of understanding 
or memorandum of agreement shall, at a minimum, provide for— 
‘‘(1) the exchange of technical assistance and support that 
the Assistant Commandants for Acquisition, Human Resources, 
Engineering, and Information technology may identify; 
‘‘(2) the use, as appropriate, of Navy technical expertise; 
and 
Memorandum. 
Review. 
Deadline. 
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124 STAT. 2938 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(3) the temporary assignment or exchange of personnel 
between the Coast Guard and the Office of the Assistant Sec-
retary of the Navy for Research, Development, and Acquisition, 
including Naval Systems Command, to facilitate the develop-
ment of organic capabilities in the Coast Guard. 
‘‘(c) TECHNICAL REQUIREMENT APPROVAL PROCEDURES.—The 
Chief Acquisition Officer shall adopt, to the extent practicable, 
procedures modeled after those used by the Navy Senior Acquisition 
Official to approve all technical requirements. 
‘‘(d) ASSESSMENT.—Within 180 days after the date of enactment 
of the Coast Guard Authorization Act for fiscal years 2010 and 
2011, the Comptroller General of the United States shall transmit 
a report to the appropriate congressional committees that— 
‘‘(1) contains an assessment of current Coast Guard acquisi-
tion and management capabilities to manage Level 1 and Level 
2 acquisitions; 
‘‘(2) includes recommendations as to how the Coast Guard 
can improve its acquisition management, either through 
internal reforms or by seeking acquisition expertise from the 
Department of Defense; and 
‘‘(3) addresses specifically the question of whether the Coast 
Guard can better leverage Department of Defense or other 
agencies’ contracts that would meet the needs of Level 1 or 
Level 2 acquisitions in order to obtain the best possible price. 
‘‘§ 567. Undefinitized contractual actions 
‘‘(a) IN GENERAL.—The Coast Guard may not enter into an 
undefinitized contractual action unless such action is directly 
approved by the Head of Contracting Activity of the Coast Guard. 
‘‘(b) REQUESTS FOR UNDEFINITIZED CONTRACTUAL ACTIONS.— 
Any request to the Head of Contracting Activity for approval of 
an undefinitized contractual action shall include a description of 
the anticipated effect on requirements of the Coast Guard if a 
delay is incurred for the purposes of determining contractual terms, 
specifications, and price before performance is begun under the 
contractual action. 
‘‘(c) 
REQUIREMENTS
FOR
UNDEFINITIZED
CONTRACTUAL 
ACTIONS.— 
‘‘(1) DEADLINE FOR AGREEMENT ON TERMS, SPECIFICATIONS, 
AND PRICE.—A contracting officer of the Coast Guard may not 
enter into an undefinitized contractual action unless the 
contractual action provides for agreement upon contractual 
terms, specification, and price by the earlier of— 
‘‘(A) the end of the 180-day period beginning on the 
date on which the contractor submits a qualifying proposal 
to definitize the contractual terms, specifications, and price; 
or 
‘‘(B) the date on which the amount of funds obligated 
under the contractual action is equal to more than 50 
percent of the negotiated overall ceiling price for the 
contractual action. 
‘‘(2) LIMITATION ON OBLIGATIONS.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the contracting officer for an undefinitized contractual 
action may not obligate under such contractual action an 
amount that exceeds 50 percent of the negotiated overall 
Deadline. 
Reports. 
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124 STAT. 2939 
PUBLIC LAW 111–281—OCT. 15, 2010 
ceiling price until the contractual terms, specifications, and 
price are definitized for such contractual action. 
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 
if a contractor submits a qualifying proposal to definitize 
an undefinitized contractual action before an amount that 
exceeds 50 percent of the negotiated overall ceiling price 
is obligated on such action, the contracting officer for such 
action may not obligate with respect to such contractual 
action an amount that exceeds 75 percent of the negotiated 
overall ceiling price until the contractual terms, specifica-
tions, and price are definitized for such contractual action. 
‘‘(3) WAIVER.—The Commandant may waive the application 
of this subsection with respect to a contract if the Commandant 
determines that the waiver is necessary to support— 
‘‘(A) a contingency operation (as that term is defined 
in section 101(a)(13) of title 10); 
‘‘(B) operations to prevent or respond to a transpor-
tation security incident (as defined in section 70101(6) of 
title 46); 
‘‘(C) an operation in response to an emergency that 
poses an unacceptable threat to human health or safety 
or to the marine environment; or 
‘‘(D) an operation in response to a natural disaster 
or major disaster or emergency designated by the President 
under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.). 
‘‘(4) LIMITATION ON APPLICATION.—This subsection does not 
apply to an undefinitized contractual action for the purchase 
of initial spares. 
‘‘(d) INCLUSION OF NONURGENT REQUIREMENTS.—Requirements 
for spare parts and support equipment that are not needed on 
an urgent basis may not be included in an undefinitized contractual 
action by the Coast Guard for spare parts and support equipment 
that are needed on an urgent basis unless the Commandant 
approves such inclusion as being— 
‘‘(1) good business practice; and 
‘‘(2) in the best interests of the United States. 
‘‘(e) MODIFICATION OF SCOPE.—The scope of an undefinitized 
contractual action under which performance has begun may not 
be modified unless the Commandant approves such modification 
as being— 
‘‘(1) good business practice; and 
‘‘(2) in the best interests of the United States. 
‘‘(f) ALLOWABLE PROFIT.—The Commandant shall ensure that 
the profit allowed on an undefinitized contractual action for which 
the final price is negotiated after a substantial portion of the 
performance required is completed reflects— 
‘‘(1) the possible reduced cost risk of the contractor with 
respect to costs incurred during performance of the contract 
before the final price is negotiated; and 
‘‘(2) the reduced cost risk of the contractor with respect 
to costs incurred during performance of the remaining portion 
of the contract. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) UNDEFINITIZED CONTRACTUAL ACTION.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term ‘undefinitized contractual action’ means a 
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124 STAT. 2940 
PUBLIC LAW 111–281—OCT. 15, 2010 
new procurement action entered into by the Coast Guard 
for which the contractual terms, specifications, or price 
are not agreed upon before performance is begun under 
the action. 
‘‘(B) EXCLUSION.—The term ‘undefinitized contractual 
action’ does not include contractual actions with respect 
to— 
‘‘(i) foreign military sales; 
‘‘(ii) purchases in an amount not in excess of the 
amount of the simplified acquisition threshold; or 
‘‘(iii) special access programs. 
‘‘(2) QUALIFYING PROPOSAL.—The term ‘‘qualifying proposal’ 
means a proposal that contains sufficient information to enable 
complete and meaningful audits of the information contained 
in the proposal as determined by the contracting officer. 
‘‘§ 568. Guidance on excessive pass-through charges 
‘‘(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of the Coast Guard Authorization Act for Fiscal Years 
2010 and 2011, the Commandant shall issue guidance to ensure 
that pass-through charges on contracts, subcontracts, delivery 
orders, and task orders that are entered into with a private entity 
acting as a lead systems integrator by or on behalf of the Coast 
Guard are not excessive in relation to the cost of work performed 
by the relevant contractor or subcontractor. The guidance shall, 
at a minimum— 
‘‘(1) set forth clear standards for determining when no, 
or negligible, value has been added to a contract by a contractor 
or subcontractor; 
‘‘(2) set forth procedures for preventing the payment by 
the Government of excessive pass-through charges; and 
‘‘(3) identify any exceptions determined by the Com-
mandant to be in the best interest of the Government. 
‘‘(b) EXCESSIVE PASS-THROUGH CHARGE DEFINED.—In this sec-
tion the term ‘excessive pass-through charge’, with respect to a 
contractor or subcontractor that adds no, or negligible, value to 
a contract or subcontract, means a charge to the Government by 
the contractor or subcontractor that is for overhead or profit on 
work performed by a lower tier contractor or subcontractor, other 
than reasonable charges for the direct costs of managing lower 
tier contractors and subcontracts and overhead and profit based 
on such direct costs. 
‘‘(c) APPLICATION OF GUIDANCE.—The guidance under this sub-
section shall apply to contracts awarded to a private entity acting 
as a lead systems integrator by or on behalf of the Coast Guard 
on or after the date that is 360 days after the date of enactment 
of the Coast Guard Authorization Act for Fiscal Years 2010 and 
2011. 
‘‘§ 569. Report on former Coast Guard officials employed by 
contractors to the agency 
‘‘(a) REPORT REQUIRED.—Not later than December 31, 2011, 
and annually thereafter, the Comptroller General of the United 
States shall submit a report to the appropriate congressional 
committees on the employment during the preceding year by Coast 
Guard contractors of individuals who were Coast Guard officials 
in the previous 5-year period. The report shall assess the extent 
Deadline. 
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124 STAT. 2941 
PUBLIC LAW 111–281—OCT. 15, 2010 
to which former Coast Guard officials were provided compensation 
by Coast Guard contractors in the preceding calendar year. 
‘‘(b) OBJECTIVES
OF
REPORT.—At a minimum, the report 
required by this section shall assess the extent to which former 
Coast Guard officials who receive compensation from Coast Guard 
contractors have been assigned by those contractors to work on 
contracts or programs between the contractor and the Coast Guard, 
including contracts or programs for which the former official person-
ally had oversight responsibility or decisionmaking authority when 
they served in or worked for the Coast Guard. 
‘‘(c) CONFIDENTIALITY REQUIREMENT.—The report required by 
this subsection shall not include the names of the former Coast 
Guard officials who receive compensation from Coast Guard contrac-
tors. 
‘‘(d) ACCESS TO INFORMATION.—A Coast Guard contractor shall 
provide the Comptroller General access to information requested 
by the Comptroller General for the purpose of conducting the study 
required by this section. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) COAST GUARD CONTRACTOR.—The term ‘Coast Guard 
contractor’ includes any person that received at least 
$10,000,000 in contractor awards from the Coast Guard in 
the calendar year covered by the annual report. 
‘‘(2) COAST GUARD OFFICIAL.—The term ‘Coast Guard offi-
cial’ includes former officers of the Coast Guard who were 
compensated at a rate of pay for grade O–7 or above during 
the calendar year prior to the date on which they separated 
from the Coast Guard, and former civilian employees of the 
Coast Guard who served at any Level of the Senior Executive 
Service under subchapter VIII of chapter 53 of title 5, United 
States Code, during the calendar year prior to the date on 
which they separated from the Coast Guard. 
‘‘SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND 
PROCEDURES 
‘‘§ 571. Identification of major system acquisitions 
‘‘(a) IN GENERAL.— 
‘‘(1) 
SUPPORT
MECHANISMS.—The 
Commandant 
shall 
develop and implement mechanisms to support the establish-
ment of mature and stable operational requirements for all 
acquisitions. 
‘‘(2) MISSION ANALYSIS; AFFORDABILITY ASSESSMENT.—The 
Commandant may not initiate a Level 1 or Level 2 acquisition 
project or program until the Commandant— 
‘‘(A) completes a mission analysis that— 
‘‘(i) identifies the specific capability gaps to be 
addressed by the project or program; and 
‘‘(ii) develops a clear mission need to be addressed 
by the project or program; and 
‘‘(B) prepares a preliminary affordability assessment 
for the project or program. 
‘‘(b) ELEMENTS.— 
‘‘(1) REQUIREMENTS.—The mechanisms required by sub-
section (a) shall ensure the implementation of a formal process 
for the development of a mission-needs statement, concept- 
of-operations document, capability development plan, and 
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124 STAT. 2942 
PUBLIC LAW 111–281—OCT. 15, 2010 
resource proposal for the initial project or program funding, 
and shall ensure the project or program is included in the 
Coast Guard Capital Investment Plan. 
‘‘(2) ASSESSMENT OF TRADE-OFFS.—In conducting an afford-
ability assessment under subsection (a)(2)(B), the Commandant 
shall develop and implement mechanisms to ensure that trade- 
offs among cost, schedule, and performance are considered in 
the establishment of preliminary operational requirements for 
development and production of new assets and capabilities 
for Level 1 and Level 2 acquisitions projects and programs. 
‘‘(c) HUMAN RESOURCE CAPITAL PLANNING.—The Commandant 
shall develop staffing predictions, define human capital performance 
initiatives, and identify preliminary training needs required to 
implement each Level 1 and Level 2 acquisition project and pro-
gram. 
‘‘§ 572. Acquisition 
‘‘(a) IN GENERAL.—The Commandant may not establish a Level 
1 or Level 2 acquisition project or program until the Commandant— 
‘‘(1) clearly defines the operational requirements for the 
project or program; 
‘‘(2) establishes the feasibility of alternatives; 
‘‘(3) develops an acquisition project or program baseline; 
‘‘(4) produces a life-cycle cost estimate; and 
‘‘(5) assesses the relative merits of alternatives to determine 
a preferred solution in accordance with the requirements of 
this section. 
‘‘(b) SUBMISSION REQUIRED BEFORE PROCEEDING.—Any Coast 
Guard Level 1 or Level 2 acquisition project or program may not 
begin to obtain any capability or asset or proceed beyond that 
phase of its development that entails approving the supporting 
acquisition until the Commandant submits to the appropriate 
congressional committees the following: 
‘‘(1) The key performance parameters, the key system 
attributes, and the operational performance attributes of the 
capability or asset to be acquired under the proposed acquisition 
project or program. 
‘‘(2) A detailed list of the systems or other capabilities 
with which the capability or asset to be acquired is intended 
to be interoperable, including an explanation of the attributes 
of interoperability. 
‘‘(3) The anticipated acquisition project or program baseline 
and acquisition unit cost for the capability or asset to be 
acquired under the project or program. 
‘‘(4) A detailed schedule for the acquisition process showing 
when all capability and asset acquisitions are to be completed 
and when all acquired capabilities and assets are to be initially 
and fully deployed. 
‘‘(c) ANALYSIS OF ALTERNATIVES.— 
‘‘(1) IN GENERAL.—The Coast Guard may not acquire an 
experimental or technically immature capability or asset or 
implement a Level 1 or Level 2 acquisition project or program, 
unless it has prepared an analysis of alternatives for the capa-
bility or asset to be acquired in the concept and technology 
development phase of the acquisition process for the capability 
or asset. 
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124 STAT. 2943 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(2) REQUIREMENTS.—The analysis of alternatives shall be 
prepared by a federally funded research and development 
center, a qualified entity of the Department of Defense, or 
a similar independent third-party entity that has appropriate 
acquisition expertise and has no financial interest in any part 
of the acquisition project or program that is the subject of 
the analysis. At a minimum, the analysis of alternatives shall 
include— 
‘‘(A) an assessment of the technical maturity of the 
capability or asset, and technical and other risks; 
‘‘(B) an examination of capability, interoperability, and 
other advantages and disadvantages; 
‘‘(C) an evaluation of whether different combinations 
or quantities of specific assets or capabilities could meet 
the Coast Guard’s overall performance needs; 
‘‘(D) a discussion of key assumptions and variables, 
and sensitivity to change in such assumptions and vari-
ables; 
‘‘(E) when an alternative is an existing capability, 
asset, or prototype, an evaluation of relevant safety and 
performance records and costs; 
‘‘(F) a calculation of life-cycle costs including— 
‘‘(i) an examination of likely research and develop-
ment costs and the levels of uncertainty associated 
with such estimated costs; 
‘‘(ii) an examination of likely production and 
deployment costs and the levels of uncertainty associ-
ated with such estimated costs; 
‘‘(iii) an examination of likely operating and sup-
port costs and the levels of uncertainty associated with 
such estimated costs; 
‘‘(iv) if they are likely to be significant, an examina-
tion of likely disposal costs and the levels of 
uncertainty associated with such estimated costs; and 
‘‘(v) such additional measures as the Commandant 
or the Secretary of the department in which the Coast 
Guard is operating determines to be necessary for 
appropriate evaluation of the capability or asset; and 
‘‘(G) the business case for each viable alternative. 
‘‘(d) TEST AND EVALUATION MASTER PLAN.— 
‘‘(1) IN GENERAL.—For any Level 1 or Level 2 acquisition 
project or program the Chief Acquisition Officer must approve 
a test and evaluation master plan specific to the acquisition 
project or program for the capability, asset, or subsystems 
of the capability or asset and intended to minimize technical, 
cost, and schedule risk as early as practicable in the develop-
ment of the project or program. 
‘‘(2) TEST AND EVALUATION STRATEGY.—The master plan 
shall— 
‘‘(A) set forth an integrated test and evaluation strategy 
that will verify that capability-level or asset-level and sub-
system-level design and development, including perform-
ance and supportability, have been sufficiently proven 
before the capability, asset, or subsystem of the capability 
or asset is approved for production; and 
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124 STAT. 2944 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(B) require that adequate developmental tests and 
evaluations and operational tests and evaluations estab-
lished under subparagraph (A) are performed to inform 
production decisions. 
‘‘(3) OTHER COMPONENTS OF THE MASTER PLAN.—At a min-
imum, the master plan shall identify— 
‘‘(A) the key performance parameters to be resolved 
through the integrated test and evaluation strategy; 
‘‘(B) critical operational issues to be assessed in addi-
tion to the key performance parameters; 
‘‘(C) specific development test and evaluation phases 
and the scope of each phase; 
‘‘(D) modeling and simulation activities to be per-
formed, if any, and the scope of such activities; 
‘‘(E) early operational assessments to be performed, 
if any, and the scope of such assessments; 
‘‘(F) operational test and evaluation phases; 
‘‘(G) an estimate of the resources, including funds, 
that will be required for all test, evaluation, assessment, 
modeling, and simulation activities; and 
‘‘(H) the Government entity or independent entity that 
will perform the test, evaluation, assessment, modeling, 
and simulation activities. 
‘‘(4) UPDATE.—The Chief Acquisition Officer must approve 
an updated master plan whenever there is a revision to project 
or program test and evaluation strategy, scope, or phasing. 
‘‘(5) LIMITATION.—The Coast Guard may not— 
‘‘(A) proceed beyond that phase of the acquisition 
process that entails approving the supporting acquisition 
of a capability or asset before the master plan is approved 
by the Chief Acquisition Officer; or 
‘‘(B) award any production contract for a capability, 
asset, or subsystem for which a master plan is required 
under this subsection before the master plan is approved 
by the Chief Acquisition Officer. 
‘‘(e) LIFE-CYCLE COST ESTIMATES.— 
‘‘(1) IN
GENERAL.—The Commandant shall implement 
mechanisms to ensure the development and regular updating 
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 or more years, and to ensure that 
these estimates are considered in decisions to develop or 
produce new or enhanced capabilities and assets. 
‘‘(2) TYPES
OF
ESTIMATES.—In addition to life-cycle cost 
estimates that may be developed by acquisition program offices, 
the Commandant shall require that an independent life-cycle 
cost estimate be developed for each Level 1 or Level 2 acquisi-
tion project or program. 
‘‘(3) REQUIRED
UPDATES.—For each Level 1 or Level 2 
acquisition project or program the Commandant shall require 
that life-cycle cost estimates shall be updated before each mile-
stone decision is concluded and the project or program enters 
a new acquisition phase. 
‘‘§ 573. Preliminary development and demonstration 
‘‘(a) IN GENERAL.—The Commandant shall ensure that develop-
mental test and evaluation, operational test and evaluation, life- 
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124 STAT. 2945 
PUBLIC LAW 111–281—OCT. 15, 2010 
cycle cost estimates, and the development and demonstration 
requirements applied by this chapter to acquisition projects and 
programs are met to confirm that the projects or programs meet 
the requirements identified in the mission-analysis and affordability 
assessment prepared under section 571(a)(2), the operational 
requirements developed under section 572(a)(1) and the following 
development and demonstration objectives: 
‘‘(1) To demonstrate that the design, manufacturing, and 
production solution is based upon a stable, producible, and 
cost-effective product design. 
‘‘(2) To ensure that the product capabilities meet contract 
specifications, acceptable operational performance require-
ments, and system security requirements. 
‘‘(3) To ensure that the product design is mature enough 
to commit to full production and deployment. 
‘‘(b) TESTS AND EVALUATIONS.— 
‘‘(1) IN GENERAL.—The Commandant shall ensure that the 
Coast Guard conducts developmental tests and evaluations and 
operational tests and evaluations of a capability or asset and 
the subsystems of the capability or asset in accordance with 
the master plan prepared for the capability or asset under 
section 572(d)(1). 
‘‘(2) USE OF THIRD PARTIES.—The Commandant shall ensure 
that the Coast Guard uses independent third parties with 
expertise in testing and evaluating the capabilities or assets 
and the subsystems of the capabilities or assets being acquired 
to conduct developmental tests and evaluations and operational 
tests and evaluations whenever the Coast Guard lacks the 
capability to conduct the tests and evaluations required by 
a master plan. 
‘‘(3) COMMUNICATION
OF
SAFETY
CONCERNS.—The Com-
mandant shall require that safety concerns identified during 
developmental or operational tests and evaluations or through 
independent or Government-conducted design assessments of 
capabilities or assets and subsystems 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 program manager for the 
capability or asset and the subsystems concerned and to the 
Chief Acquisition 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 justification for the approval of 
that level of production of the capability or asset before the 
safety concerns are corrected or mitigated. The report shall 
also include an explanation of the actions that will be taken 
to correct or mitigate the safety concerns, the date by which 
those actions will be taken, and the adequacy of current funding 
to correct or mitigate the safety concerns. 
Deadline. 
Deadline. 
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124 STAT. 2946 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(5) ASSET ALREADY IN LOW, INITIAL, OR FULL-RATE PRODUC-
TION.—If operational test and evaluation of a capability or 
asset already in low, initial, or full-rate production identifies 
a safety concern with the capability or asset or any subsystems 
of the capability or asset not previously identified during 
developmental or operational test and evaluation, the Com-
mandant shall— 
‘‘(A) notify the program manager and the Chief Acquisi-
tion 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 concern; and 
‘‘(B) notify the Chief Acquisition Officer and include 
in such notification— 
‘‘(i) an explanation of the actions that will be taken 
to correct or mitigate the safety concern in all capabili-
ties or assets and subsystems 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 safety concern in pre-
viously produced capabilities or assets and subsystems 
of the capabilities 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 subsystems of the capabilities 
or assets and in previously produced capabilities or 
assets and subsystems. 
‘‘(c) TECHNICAL CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Commandant shall ensure that any 
Level 1 or Level 2 acquisition project or program is certified 
by the technical authority of the Coast Guard after review 
by an independent third party with capabilities in the mission 
area, asset, or particular asset component. 
‘‘(2) TEMPEST TESTING.—The Commandant shall— 
‘‘(A) cause all electronics on all aircraft, surface, and 
shore capabilities and assets that require TEMPEST certifi-
cation and that are delivered after the date of enactment 
of the Coast Guard Authorization Act of 2010 to be tested 
in accordance with TEMPEST standards and communica-
tions security (comsec) standards by an independent third 
party that is authorized by the Federal Government to 
perform such testing; and 
‘‘(B) certify that the assets meet all applicable TEM-
PEST requirements. 
‘‘(3) CUTTER CLASSIFICATION.— 
‘‘(A) IN GENERAL.—The Commandant shall cause each 
cutter, other than a National Security Cutter, acquired 
by the Coast Guard and delivered after the date of enact-
ment of the Coast Guard Authorization Act of 2010 to 
be classed by the American Bureau of Shipping before 
final acceptance. 
‘‘(B) REPORTS.—Not later than December 31, 2011, and 
biennially thereafter, the Commandant shall provide a 
report to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
Deadline. 
Notifications. 
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124 STAT. 2947 
PUBLIC LAW 111–281—OCT. 15, 2010 
on Commerce, Science, and Transportation of the Senate 
identifying which, if any, Coast Guard cutters that have 
been issued a certificate of classification by the American 
Bureau of Shipping have not been maintained in class 
and detailing the reasons why they have not been main-
tained in class. 
‘‘(4) OTHER VESSELS.—The Commandant shall cause the 
design and construction of each National Security Cutter, other 
than National Security Cutters 1, 2, and 3, to be assessed 
by an independent third party with expertise in vessel design 
and construction certification. 
‘‘(5) AIRCRAFT
AIRWORTHINESS.—The Commandant shall 
cause all aircraft and aircraft engines acquired by the Coast 
Guard and delivered after the date of enactment of the Coast 
Guard Authorization Act of 2010 to be assessed for airworthi-
ness by an independent third party with expertise in aircraft 
and aircraft engine certification before final acceptance. 
‘‘§ 574. Acquisition, production, deployment, and support 
‘‘(a) IN GENERAL.—The Commandant shall— 
‘‘(1) ensure there is a stable and efficient production and 
support capability to develop an asset or capability for the 
Coast Guard; 
‘‘(2) conduct follow-on testing to confirm and monitor 
performance and correct deficiencies; and 
‘‘(3) conduct acceptance tests and trials prior to the delivery 
of each asset or system to ensure the delivered asset or system 
achieves full operational capability. 
‘‘(b) ELEMENTS.—The Commandant shall— 
‘‘(1) execute production contracts; 
‘‘(2) ensure that delivered assets and capabilities meet oper-
ational cost and schedules requirements established in the 
acquisition program baseline; 
‘‘(3) validate manpower and training requirements to meet 
system needs to operate, maintain, support, and instruct the 
assets or capabilities; and 
‘‘(4) prepare an acquisition project or program transition 
plan to enter into programmatic sustainment, operations, and 
support. 
‘‘§ 575. Acquisition program baseline breach 
‘‘(a) IN GENERAL.—The Commandant shall submit a report 
to the appropriate congressional committees and the Committee 
on Homeland Security of the House of Representatives as soon 
as possible, but not later than 30 days, after the Chief Acquisition 
Officer of the Coast Guard becomes aware of the breach of an 
acquisition program baseline for any Level 1 or Level 2 acquisition 
program, by— 
‘‘(1) a likely cost overrun greater than 15 percent of the 
acquisition program baseline for that individual capability or 
asset or a class of capabilities or assets; 
‘‘(2) a likely delay of more than 180 days in the delivery 
schedule for any individual capability or asset or class of 
capabilities or assets; or 
‘‘(3) an anticipated failure for any individual capability 
or asset or class of capabilities or assets to satisfy any key 
Deadline. 
Reports. 
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124 STAT. 2948 
PUBLIC LAW 111–281—OCT. 15, 2010 
performance threshold or parameter under the acquisition pro-
gram baseline. 
‘‘(b) CONTENT.—The report submitted under subsection (a) shall 
include— 
‘‘(1) a detailed description of the breach and an explanation 
of its cause; 
‘‘(2) the projected impact to performance, cost, and schedule; 
‘‘(3) an updated acquisition program baseline and the com-
plete history of changes to the original acquisition program 
baseline; 
‘‘(4) the updated acquisition schedule and the complete 
history of changes to the original schedule; 
‘‘(5) a full life-cycle cost analysis for the capability or asset 
or class of capabilities or assets; 
‘‘(6) a remediation plan identifying corrective actions and 
any resulting issues or risks; and 
‘‘(7) a description of how progress in the remediation plan 
will be measured and monitored. 
‘‘(c) SUBSTANTIAL VARIANCES
IN COSTS
OR SCHEDULE.—If a 
likely cost overrun is greater than 20 percent or a likely delay 
is greater than 12 months from the costs and schedule described 
in the acquisition program baseline for any Level 1 or Level 2 
acquisition project or program of the Coast Guard, the Commandant 
shall include in the report a written certification, with a supporting 
explanation, that— 
‘‘(1) the capability or asset or capability or asset class 
to be acquired under the project or program is essential to 
the accomplishment of Coast Guard missions; 
‘‘(2) there are no alternatives to such capability or asset 
or capability or asset class that will provide equal or greater 
capability in both a more cost-effective and timely manner; 
‘‘(3) the new acquisition schedule and estimates for total 
acquisition cost are reasonable; and 
‘‘(4) the management structure for the acquisition program 
is adequate to manage and control performance, cost, and 
schedule. 
‘‘§ 576. Acquisition approval authority 
‘‘Nothing in this subchapter shall be construed as altering 
or diminishing in any way the statutory authority and responsibility 
of the Secretary of the department in which the Coast Guard 
is operating, or the Secretary’s designee, to— 
‘‘(1) manage and administer department procurements, 
including procurements by department components, as required 
by section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
341); or 
‘‘(2) manage department acquisition activities and act as 
the Acquisition Decision Authority with regard to the review 
or approval of a Coast Guard Level 1 or Level 2 acquisition 
project or program, as required by section 16 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 414) and related 
implementing regulations and directives. 
‘‘SUBCHAPTER III—DEFINITIONS 
‘‘§ 581. Definitions 
‘‘In this chapter: 
Certification. 
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124 STAT. 2949 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘appropriate congressional committees’ means the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
‘‘(2) CHIEF ACQUISITION OFFICER.—The term ‘Chief Acquisi-
tion Officer’ means the officer appointed under section 56 of 
this title. 
‘‘(3) COMMANDANT.—The term ‘Commandant’ means the 
Commandant of the Coast Guard. 
‘‘(4) LEVEL 1 ACQUISITION.—The term ‘Level 1 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 Acquisition Officer 
of the Coast Guard determines to have a special interest— 
‘‘(i) due to— 
‘‘(I) the experimental or technically immature 
nature of the asset; 
‘‘(II) the technological complexity of the asset; 
‘‘(III) the commitment of resources; or 
‘‘(IV) the nature of the capability or set of 
capabilities to be achieved; or 
‘‘(ii) because such acquisition is a joint acquisition. 
‘‘(5) 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. 
‘‘(6) LIFE-CYCLE COST.—The term ‘life-cycle cost’ means all 
costs for development, procurement, construction, and oper-
ations and support for a particular capability or asset, without 
regard to funding source or management control. 
‘‘(7) PROJECT OR PROGRAM MANAGER DEFINED.—The term 
‘project or program manager’ means an individual designated— 
‘‘(A) to develop, produce, and deploy a new asset to 
meet identified operational requirements; and 
‘‘(B) to manage cost, schedule, and performance of the 
acquisition, project, or program. 
‘‘(8) SAFETY CONCERN.—The term ‘safety concern’ means 
any hazard associated with a capability or asset or a subsystem 
of a capability or asset that is likely to cause serious bodily 
injury or death to a typical Coast Guard user in testing, 
maintaining, repairing, or operating the capability, asset, or 
subsystem or any hazard associated with the capability, asset, 
or subsystem that is likely to cause major damage to the 
capability, asset, or subsystem during the course of its normal 
operation by a typical Coast Guard user. 
‘‘(9) DEVELOPMENTAL
TEST
AND
EVALUATION.—The term 
‘developmental test and evaluation’ means— 
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124 STAT. 2950 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(A) the testing of a capability or asset and the sub-
systems of the capability or asset to determine whether 
they meet all contractual performance requirements, 
including 
technical 
performance 
requirements, 
supportability requirements, and interoperability require-
ments and related specifications; and 
‘‘(B) the evaluation of the results of such testing. 
‘‘(10) OPERATIONAL TEST AND EVALUATION.—The term ‘oper-
ational 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 capability or asset and subsystems 
will actually be deployed, for the purpose of determining 
the effectiveness and suitability of the capability or asset 
and subsystems for use by typical Coast Guard users to 
conduct those missions for which the capability or asset 
and subsystems are intended to be used; and 
‘‘(B) the evaluation of the results of such testing.’’. 
(b) CONFORMING AMENDMENT.—The part analysis for part I 
of title 14, United States Code, is amended by inserting after 
the item relating to chapter 13 the following: 
‘‘15. Acquisitions .....................................................................................................
561’’. 
SEC. 403. NATIONAL SECURITY CUTTERS. 
(a) NATIONAL SECURITY CUTTERS 1 AND 2.—Not later than 
90 days before the Coast Guard awards any contract or issues 
any delivery order or task order to strengthen the hull of either 
of National Security Cutter 1 or 2 to resolve the structural design 
and performance issues identified in the Department of Homeland 
Security Inspector General’s Report OIG–07–23 dated January 
2007, the Commandant shall submit to the appropriate congres-
sional committees all results of an assessment of the proposed 
hull strengthening design conducted by the Coast Guard, 
including— 
(1) a description in detail of the extent to which the hull 
strengthening measures to be implemented on those cutters 
will enable the cutters to meet contract and performance 
requirements; 
(2) a cost-benefit analysis of the proposed hull strength-
ening measures for National Security Cutters 1 and 2; and 
(3) a description of any operational restrictions that would 
have to be applied to either National Security Cutter 1 or 
2 if the proposed hull strengthening measures were not imple-
mented on either cutter. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section 
the term ‘‘appropriate congressional committees’’ means the 
Committees on Transportation and Infrastructure and Homeland 
Security of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate. 
SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY. 
(a) IN GENERAL.—For purposes of sections 3304, 5333, and 
5753 of title 5, United States Code, the Commandant of the Coast 
Guard may— 
(1) designate any category of acquisition positions within 
the Coast Guard as shortage category positions; and 
Definition. 
Deadline. 
Assessment. 
14 USC 1. 
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124 STAT. 2951 
PUBLIC LAW 111–281—OCT. 15, 2010 
(2) use the authorities in such sections to recruit and 
appoint highly qualified persons directly to positions so des-
ignated. 
(b) LIMITATION.—The Commandant may not appoint a person 
to a position of employment under this paragraph after September 
30, 2012. 
(c) REPORTS.—The Commandant shall include in reports under 
section 562(d) of title 14, United States Code, as added by this 
title, information described in that section regarding positions des-
ignated under this section. 
TITLE V—COAST GUARD 
MODERNIZATION 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Coast Guard Modernization 
Act of 2010’’. 
Subtitle A—Coast Guard Leadership 
SEC. 511. VICE ADMIRALS. 
(a) VICE ADMIRALS.—Section 50 of such title is amended to 
read as follows: 
‘‘§ 50. Vice admirals 
‘‘(a)(1) The President may designate no more than 4 positions 
of importance and responsibility that shall be held by officers who— 
‘‘(A) while so serving, shall have the grade of vice 
admiral, with the pay and allowances of that grade; and 
‘‘(B) shall perform such duties as the Commandant 
may prescribe. 
‘‘(2) The President may appoint, by and with the advice and 
consent of the Senate, and reappoint, by and with the advice and 
consent of the Senate, to any such position an officer of the Coast 
Guard who is serving on active duty above the grade of captain. 
The Commandant shall make recommendations for such appoint-
ments. 
‘‘(3) (A) Except as provided in subparagraph (B), one of the 
vice admirals designated under paragraph (1) must have at least 
10 years experience in vessel inspection, marine casualty investiga-
tions, mariner licensing, or an equivalent technical expertise in 
the design and construction of commercial vessels, with at least 
4 years of leadership experience at a staff or unit carrying out 
marine safety functions and shall serve as the principal advisor 
to the Commandant on these issues. 
‘‘(B) The requirements of subparagraph (A) do not apply to 
such vice admiral if the subordinate officer serving in the grade 
of rear admiral with responsibilities for marine safety, security, 
and stewrdship possesses that experience. 
‘‘(b)(1) The appointment and the grade of vice admiral shall 
be effective on the date the officer assumes that duty and, except 
as provided in paragraph (2) of this subsection or in section 51(d) 
of this title, shall terminate on the date the officer is detached 
from that duty. 
Effective date. 
Termination 
date. 
14 USC 1 note. 
Coast Guard 
Modernization 
Act of 2010. 
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124 STAT. 2952 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(2) An officer who is appointed to a position designated under 
subsection (a) shall continue to hold the grade of vice admiral— 
‘‘(A) while under orders transferring the officer to another 
position designated under subsection (a), beginning on the date 
the officer is detached from that duty and terminating on 
the date before the day the officer assumes the subsequent 
duty, but not for more than 60 days; 
‘‘(B) while hospitalized, beginning on the day of the hos-
pitalization and ending on the day the officer is discharged 
from the hospital, but not for more than 180 days; and 
‘‘(C) while awaiting retirement, beginning on the date the 
officer is detached from duty and ending on the day before 
the officer’s retirement, but not for more than 60 days. 
‘‘(c)(1) An appointment of an officer under subsection (a) does 
not vacate the permanent grade held by the officer. 
‘‘(2) An officer serving in a grade above rear admiral who 
holds the permanent grade of rear admiral (lower half) shall be 
considered for promotion to the permanent grade of rear admiral 
as if the officer was serving in the officer’s permanent grade. 
‘‘(d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of the 
qualifications needed by an officer serving in that position or office 
to carry out effectively the duties and responsibilities of that posi-
tion or office.’’. 
(b) REPEAL.—Section 50a of such title is repealed. 
(c) CONFORMING AMENDMENTS.—Section 51 of such title is 
amended— 
(1) by striking subsections (a), (b), and (c) and inserting 
the following: 
‘‘(a) An officer, other than the Commandant, who, while serving 
in the grade of vice admiral, is retired for physical disability shall 
be placed on the retired list with the highest grade in which 
that officer served. 
‘‘(b) An officer, other than the Commandant, who is retired 
while serving in the grade of vice admiral, or who, after serving 
at least 21⁄2 years in the grade of vice admiral, is retired while 
serving in a lower grade, may in the discretion of the President, 
be retired with the highest grade in which that officer served. 
‘‘(c) An officer, other than the Commandant, who, after serving 
less than 21⁄2 years in the grade of vice admiral, is retired while 
serving in a lower grade, shall be retired in his permanent grade.’’; 
and 
(2) by striking ‘‘Area Commander, or Chief of Staff’’ in 
subsection (d)(2) and inserting ‘‘or Vice Admiral’’. 
(d) CONTINUITY OF GRADE.—Section 52 of title 14, United States 
Code, is amended by inserting ‘‘or admiral’’ after ‘‘vice admiral’’ 
the first place it appears. 
(e) CONTINUATION ON ACTIVE DUTY.—The second sentence of 
section 290(a) of title 14, United States Code, is amended to read 
as follows: ‘‘Officers, other than the Commandant, serving for the 
time being or who have served in the grade of vice admiral are 
not subject to consideration for continuation under this subsection, 
and as to all other provisions of this section shall be considered 
as having been continued at the grade of rear admiral.’’. 
(f) CLERICAL AMENDMENTS.— 
(1) The section caption for section 47 of such title is 
amended to read as follows: 
14 USC 51. 
14 USC 50a. 
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124 STAT. 2953 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘§ 47. Vice commandant; appointment’’. 
(2) The section caption for section 52 of title 14, United 
States Code, is amended to read as follows: 
‘‘§ 52. Vice admirals and admiral, continuity of grade’’. 
(3) The table of contents for chapter 3 of such title is 
amended— 
(A) by striking the item relating to section 47 and 
inserting the following: 
‘‘47. Vice Commandant; appointment.’’; 
(B) by striking the item relating to section 50a; 
(C) by striking the item relating to section 50 and 
inserting the following: 
‘‘50. Vice admirals.’’; and 
(D) by striking the item relating to section 52 and 
inserting the following: 
‘‘52. Vice admirals and admiral, continuity of grade.’’. 
(g) TECHNICAL CORRECTION.—Section 47 of such title is further 
amended by striking ‘‘subsection’’ in the fifth sentence and inserting 
‘‘section’’. 
(h) TREATMENT OF INCUMBENTS; TRANSITION.— 
(1) Notwithstanding any other provision of law, an officer 
who, on the date of enactment of this Act, is serving as Chief 
of Staff, Commander, Atlantic Area, or Commander, Pacific 
Area— 
(A) shall continue to have the grade of vice admiral 
with pay and allowance of that grade until such time 
that the officer is relieved of his duties and appointed 
and confirmed to another position as a vice admiral or 
admiral; or 
(B) for the purposes of transition, may continue at 
the grade of vice admiral with pay and allowance of that 
grade, for not more than 1 year after the date of enactment 
of this Act, to perform the duties of the officer’s former 
position and any other such duties that the Commandant 
prescribes. 
Subtitle B—Workforce Expertise 
SEC. 521. PREVENTION AND RESPONSE STAFF. 
(a) IN GENERAL.—Chapter 3 of title 14, United States Code, 
is amended by adding at the end the following new sections: 
‘‘§ 57. Prevention and response workforces 
‘‘(a) CAREER PATHS.—The Secretary, acting through the Com-
mandant, shall ensure that appropriate career paths for civilian 
and military Coast Guard personnel who wish to pursue career 
paths in prevention or response positions are identified in terms 
of the education, training, experience, and assignments necessary 
for career progression of civilians and members of the Armed Forces 
to the most senior prevention or response positions, as appropriate. 
The Secretary shall make available published information on such 
career paths. 
Availability. 
14 USC 50 note. 
14 USC 41. 
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124 STAT. 2954 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(b) QUALIFICATIONS FOR CERTAIN ASSIGNMENTS.—An officer, 
member, or civilian employee of the Coast Guard assigned as a— 
‘‘(1) marine inspector shall have the training, experience, 
and qualifications equivalent to that required for a similar 
position at a classification society recognized by the Secretary 
under section 3316 of title 46 for the type of vessel, system, 
or equipment that is inspected; 
‘‘(2) marine casualty investigator shall have the training, 
experience, and qualifications in investigation, marine casualty 
reconstruction, evidence collection and preservation, human fac-
tors, and documentation using best investigation practices by 
Federal and non-Federal entities; or 
‘‘(3) marine safety engineer shall have knowledge, skill, 
and practical experience in— 
‘‘(A) the construction and operation of commercial ves-
sels; 
‘‘(B) judging the character, strength, stability, and 
safety qualities of such vessels and their equipment; or 
‘‘(C) the qualifications and training of vessel personnel. 
‘‘(c) APPRENTICESHIP REQUIREMENT TO QUALIFY FOR CERTAIN 
CAREERS.—The Commandant may require an officer, member, or 
employee of the Coast Guard in training for a specialized prevention 
or response career path to serve an apprenticeship under the guid-
ance of a qualified individual. However, an individual in training 
to become a marine inspector, marine casualty investigator, or 
marine safety engineer shall serve a minimum of one-year as an 
apprentice unless the Commandant authorizes a shorter period 
for certain qualifications. 
‘‘(d) MANAGEMENT
INFORMATION
SYSTEM.—The Secretary, 
acting through the Commandant, shall establish a management 
information system for the prevention and response workforces 
that shall provide, at a minimum, the following standardized 
information on persons serving in those workforces: 
‘‘(1) Qualifications, assignment history, and tenure in 
assignments. 
‘‘(2) Promotion rates for military and civilian personnel. 
‘‘(e) 
ASSESSMENT
OF
ADEQUACY
OF
MARINE
SAFETY 
WORKFORCE.— 
‘‘(1) REPORT.—The Secretary, acting through the Com-
mandant, shall report to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate by December 1 of each year on the adequacy of the 
current marine safety workforce to meet that anticipated work-
load. 
‘‘(2) CONTENTS.—The report shall specify the number of 
civilian and military Coast Guard personnel currently assigned 
to marine safety positions and shall identify positions that 
are understaffed to meet the anticipated marine safety work-
load. 
‘‘(f) SECTOR CHIEF OF PREVENTION.—There shall be in each 
Coast Guard sector a Chief of Prevention who shall be at least 
a Lieutenant Commander or civilian employee within the grade 
GS–13 of the General Schedule, and who shall be a— 
‘‘(1) marine inspector, qualified to inspect vessels, vessel 
systems, and equipment commonly found in the sector; and 
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124 STAT. 2955 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(2) qualified marine casualty investigator or marine safety 
engineer. 
‘‘(g) SIGNATORIES OF LETTER OF QUALIFICATION FOR CERTAIN 
PREVENTION PERSONNEL.—Each individual signing a letter of quali-
fication for marine safety personnel must hold a letter of qualifica-
tion for the type being certified. 
‘‘(h) SECTOR CHIEF OF RESPONSE.—There shall be in each Coast 
Guard sector a Chief of Response who shall be at least a Lieutenant 
Commander or civilian employee within the grade GS–13 of the 
General Schedule in each Coast Guard sector. 
‘‘§ 58. Centers of expertise for Coast Guard prevention and 
response 
‘‘(a) ESTABLISHMENT.—The Commandant of the Coast Guard 
may establish and operate one or more centers of expertise for 
prevention and response missions of the Coast Guard (in this section 
referred to as a ‘center’). 
‘‘(b) MISSIONS.—Each center shall— 
‘‘(1) promote and facilitate education, training, and 
research; 
‘‘(2) develop a repository of information on its missions 
and specialties; and 
‘‘(3) perform any other missions as the Commandant may 
specify. 
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHOR-
IZED.—The Commandant may enter into an agreement with an 
appropriate official of an institution of higher education to— 
‘‘(1) provide for joint operation of a center; and 
‘‘(2) provide necessary administrative services for a center, 
including administration and allocation of funds. 
‘‘(d) ACCEPTANCE OF DONATIONS.— 
‘‘(1) Except as provided in paragraph (2), the Commandant 
may accept, on behalf of a center, donations to be used to 
defray the costs of the center or to enhance the operation 
of the center. Those donations may be accepted from any State 
or local government, any foreign government, any foundation 
or other charitable organization (including any that is organized 
or operates under the laws of a foreign country), or any indi-
vidual. 
‘‘(2) The Commandant may not accept a donation under 
paragraph (1) if the acceptance of the donation would com-
promise or appear to compromise— 
‘‘(A) the ability of the Coast Guard or the department 
in which the Coast Guard is operating, any employee of 
the Coast Guard or the department, or any member of 
the Armed Forces to carry out any responsibility or duty 
in a fair and objective manner; or 
‘‘(B) the integrity of any program of the Coast Guard, 
the department in which the Coast Guard is operating, 
or of any person involved in such a program. 
‘‘(3) The Commandant shall prescribe written guidance set-
ting forth the criteria to be used in determining whether or 
not the acceptance of a donation from a foreign source would 
have a result described in paragraph (2). 
Guidelines. 
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124 STAT. 2956 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘§ 59. Marine industry training program 
‘‘(a) IN GENERAL.—The Commandant shall, by policy, establish 
a program under which an officer, member, or employee of the 
Coast Guard may be assigned to a private entity to further the 
institutional interests of the Coast Guard with regard to marine 
safety, including for the purpose of providing training to an officer, 
member, or employee. Policies to carry out the program— 
‘‘(1) with regard to an employee of the Coast Guard, shall 
include provisions, consistent with sections 3702 through 3704 
of title 5, as to matters concerning— 
‘‘(A) the duration and termination of assignments; 
‘‘(B) reimbursements; and 
‘‘(C) status, entitlements, benefits, and obligations of 
program participants; and 
‘‘(2) shall require the Commandant, before approving the 
assignment of an officer, member, or employee of the Coast 
Guard to a private entity, to determine that the assignment 
is an effective use of the Coast Guard’s funds, taking into 
account the best interests of the Coast Guard and the costs 
and benefits of alternative methods of achieving the same 
results and objectives. 
‘‘(b) ANNUAL REPORT.—Not later than the date of the submis-
sion each year of the President’s budget request under section 
1105 of title 31, the Commandant shall submit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate a report that describes— 
‘‘(1) the number of officers, members, and employees of 
the Coast Guard assigned to private entities under this section; 
and 
‘‘(2) the specific benefit that accrues to the Coast Guard 
for each assignment.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is further amended by adding at the end 
the following new items: 
‘‘57. Prevention and response workforces. 
‘‘58. Centers of expertise for Coast Guard prevention and response. 
‘‘59. Marine industry training programs.’’. 
SEC. 522. MARINE SAFETY MISSION PRIORITIES AND LONG-TERM 
GOALS. 
(a) IN GENERAL.—Chapter 21 of title 46, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 2116. Marine safety strategy, goals, and performance 
assessments 
‘‘(a) LONG-TERM STRATEGY AND GOALS.—In conjunction with 
existing federally required strategic planning efforts, the Secretary 
shall develop a long-term strategy for improving vessel safety and 
the safety of individuals on vessels. The strategy shall include 
the issuance each year of an annual plan and schedule for achieving 
the following goals: 
‘‘(1) Reducing the number and rates of marine casualties. 
‘‘(2) Improving the consistency and effectiveness of vessel 
and operator enforcement and compliance programs. 
‘‘(3) Identifying and targeting enforcement efforts at high- 
risk vessels and operators. 
14 USC 41. 
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124 STAT. 2957 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(4) Improving research efforts to enhance and promote 
vessel and operator safety and performance. 
‘‘(b) CONTENTS OF STRATEGY AND ANNUAL PLANS.— 
‘‘(1) MEASURABLE GOALS.—The strategy and annual plans 
shall include specific numeric or measurable goals designed 
to achieve the goals set forth in subsection (a). The purposes 
of the numeric or measurable goals are the following: 
‘‘(A) To increase the number of safety examinations 
on all high-risk vessels. 
‘‘(B) To eliminate the backlog of marine safety-related 
rulemakings. 
‘‘(C) To improve the quality and effectiveness of marine 
safety information databases by ensuring that all Coast 
Guard personnel accurately and effectively report all safety, 
casualty, and injury information. 
‘‘(D) To provide for a sufficient number of Coast Guard 
marine safety personnel, and provide adequate facilities 
and equipment to carry out the functions referred to in 
section 93(c). 
‘‘(2) RESOURCE
NEEDS.—The strategy and annual plans 
shall include estimates of— 
‘‘(A) the funds and staff resources needed to accomplish 
each activity included in the strategy and plans; and 
‘‘(B) the staff skills and training needed for timely 
and effective accomplishment of each goal. 
‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—Beginning 
with fiscal year 2011 and each fiscal year thereafter, the Secretary 
shall submit to Congress the strategy and annual plan not later 
than 60 days following the transmission of the President’s budget 
submission under section 1105 of title 31. 
‘‘(d) ACHIEVEMENT OF GOALS.— 
‘‘(1) PROGRESS ASSESSMENT.—No less frequently than semi-
annually, the Coast Guard Commandant shall assess the 
progress of the Coast Guard toward achieving the goals set 
forth in subsection (b). The Commandant shall convey the Com-
mandant’s assessment to the employees of the marine safety 
workforce and shall identify any deficiencies that should be 
remedied before the next progress assessment. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary shall report 
annually to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate— 
‘‘(A) on the performance of the marine safety program 
in achieving the goals of the marine safety strategy and 
annual plan under subsection (a) for the year covered by 
the report; 
‘‘(B) on the program’s mission performance in achieving 
numerical measurable goals established under subsection 
(b); and 
‘‘(C) recommendations on how to improve performance 
of the program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by adding at the end the following new item: 
‘‘2116. Marine safety strategy, goals, and performance assessments.’’. 
(c) CERTIFICATES
OF INSPECTION.—Section 3309 of title 46, 
United States Code, is amended by adding at the end the following: 
46 USC 2101. 
Deadline. 
Effective date. 
Deadline. 
Plans. 
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124 STAT. 2958 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(d) A certificate of inspection issued under this section shall 
be signed by the senior Coast Guard member or civilian employee 
who inspected the vessel, in addition to the officer in charge of 
marine inspection.’’. 
SEC. 523. POWERS AND DUTIES. 
Section 93 of title 14, United States Code, is amended by 
adding at the end the following new subsections: 
‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exercising the Com-
mandant’s duties and responsibilities with regard to marine safety, 
the individual with the highest rank who meets the experience 
qualifications set forth in section 50(a)(3) shall serve as the principal 
advisor to the Commandant regarding— 
‘‘(1) the operation, regulation, inspection, identification, 
manning, and measurement of vessels, including plan approval 
and the application of load lines; 
‘‘(2) approval of materials, equipment, appliances, and asso-
ciated equipment; 
‘‘(3) the reporting and investigation of marine casualties 
and accidents; 
‘‘(4) the licensing, certification, documentation, protection 
and relief of merchant seamen; 
‘‘(5) suspension and revocation of licenses and certificates; 
‘‘(6) enforcement of manning requirements, citizenship 
requirements, control of log books; 
‘‘(7) documentation and numbering of vessels; 
‘‘(8) State boating safety programs; 
‘‘(9) commercial instruments and maritime liens; 
‘‘(10) the administration of bridge safety; 
‘‘(11) administration of the navigation rules; 
‘‘(12) the prevention of pollution from vessels; 
‘‘(13) ports and waterways safety; 
‘‘(14) waterways management; including regulation for 
regattas and marine parades; 
‘‘(15) aids to navigation; and 
‘‘(16) other duties and powers of the Secretary related 
to marine safety and stewardship. 
‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing in subsection 
(c) affects— 
‘‘(1) the authority of Coast Guard officers and members 
to enforce marine safety regulations using authority under 
section 89 of this title; or 
‘‘(2) the exercise of authority under section 91 of this title 
and the provisions of law codified at sections 191 through 
195 of title 50 on the date of enactment of this paragraph.’’. 
SEC. 524. APPEALS AND WAIVERS. 
(a) IN GENERAL.—Chapter 5 of title 14, United States Code, 
is further amended by inserting at the end the following new 
section: 
‘‘§ 102. Appeals and waivers 
‘‘Except for the Commandant of the Coast Guard, any individual 
adjudicating an appeal or waiver of a decision regarding marine 
safety, including inspection or manning and threats to the environ-
ment, shall— 
‘‘(1) be a qualified specialist with the training, experience, 
and qualifications in marine safety to effectively judge the 
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124 STAT. 2959 
PUBLIC LAW 111–281—OCT. 15, 2010 
facts and circumstances involved in the appeal and make a 
judgment regarding the merits of the appeal; or 
‘‘(2) have a senior staff member who— 
‘‘(A) meets the requirements of paragraph (1); 
‘‘(B) actively advises the individual adjudicating the 
appeal; and 
‘‘(C) concurs in writing on the decision on appeal.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
further amended by adding at the end the following new item: 
‘‘102. Appeals and waivers.’’. 
SEC. 525. COAST GUARD ACADEMY. 
(a) IN GENERAL.—Chapter 9 of title 14, United States Code, 
is further amended by adding at the end the following new section: 
‘‘§ 200. Marine safety curriculum 
‘‘The Commandant of the Coast Guard shall ensure that profes-
sional courses of study in marine safety are provided at the Coast 
Guard Academy, and during other officer accession programs, to 
give Coast Guard cadets and other officer candidates a background 
and understanding of the marine safety program. These courses 
may include such topics as program history, vessel design and 
construction, vessel inspection, casualty investigation, and adminis-
trative law and regulations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
further amended by adding at the end the following new item: 
‘‘200. Marine safety curriculum.’’. 
SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPECTORS. 
Not later than 1 year after the date of enactment of this 
Act, the Commandant of the Coast Guard shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on Coast Guard’s efforts 
to recruit and retain civilian marine inspectors and investigators 
and the impact of such recruitment and retention efforts on Coast 
Guard organizational performance. 
TITLE VI—MARINE SAFETY 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Maritime Safety Act of 2010’’. 
SEC. 602. VESSEL SIZE LIMITS. 
(a) LENGTH, TONNAGE, AND HORSEPOWER.—Section 12113(d)(2) 
of title 46, United States Code, is amended— 
(1) by inserting ‘‘and’’ after the semicolon at the end of 
subparagraph (A)(i); 
(2) by striking ‘‘and’’ at the end of subparagraph (A)(ii); 
(3) by striking subparagraph (A)(iii); 
(4) by striking the period at the end of subparagraph (B) 
and inserting a semicolon; and 
(5) by inserting at the end the following: 
‘‘(C) the vessel is either a rebuilt vessel or a replace-
ment vessel under section 208(g) of the American Fisheries 
Act (title II of division C of Public Law 105–277; 112 
46 USC 101 note. 
Maritime Safety 
Act of 2010. 
14 USC 181. 
14 USC 81. 
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124 STAT. 2960 
PUBLIC LAW 111–281—OCT. 15, 2010 
Stat. 2681–627) and is eligible for a fishery endorsement 
under this section; or 
‘‘(D) the vessel is a fish tender vessel that is not 
engaged in the harvesting or processing of fish.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) VESSEL REBUILDING AND REPLACEMENT.—Section 208(g) 
of the American Fisheries Act (title II of division C of Public 
Law 105–277; 112 Stat. 2681–627) is amended to read as fol-
lows: 
‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REBUILD
OR
REPLACE.—Notwithstanding any 
limitation to the contrary on replacing, rebuilding, or 
lengthening vessels or transferring permits or licenses to 
a replacement vessel contained in sections 679.2 and 679.4 
of title 50, Code of Federal Regulations, as in effect on 
the date of enactment of the Coast Guard Authorization 
Act of 2010 and except as provided in paragraph (4), the 
owner of a vessel eligible under subsection (a), (b), (c), 
(d), or (e), in order to improve vessel safety and operational 
efficiencies (including fuel efficiency), may rebuild or 
replace that vessel (including fuel efficiency) with a vessel 
documented with a fishery endorsement under section 
12113 of title 46, United States Code. 
‘‘(B) SAME REQUIREMENTS.—The rebuilt or replacement 
vessel shall be eligible in the same manner and subject 
to the same restrictions and limitations under such sub-
section as the vessel being rebuilt or replaced. 
‘‘(C) TRANSFER
OF
PERMITS
AND
LICENSES.—Each 
fishing permit and license held by the owner of a vessel 
or vessels to be rebuilt or replaced under subparagraph 
(A) shall be transferred to the rebuilt or replacement vessel 
or its owner, as necessary to permit such rebuilt or replace-
ment vessel to operate in the same manner as the vessel 
prior to the rebuilding or the vessel it replaced, respec-
tively. 
‘‘(2) 
RECOMMENDATIONS
OF
NORTH
PACIFIC
FISHERY 
MANAGEMENT COUNCIL.—The North Pacific Fishery Manage-
ment Council may recommend for approval by the Secretary 
such conservation and management measures, including size 
limits and measures to control fishing capacity, in accordance 
with the Magnuson-Stevens Act as it considers necessary to 
ensure that this subsection does not diminish the effectiveness 
of fishery management plans of the Bering Sea and Aleutian 
Islands Management Area or the Gulf of Alaska. 
‘‘(3) SPECIAL
RULE
FOR
REPLACEMENT
OF
CERTAIN
VES-
SELS.— 
‘‘(A) IN GENERAL.—Notwithstanding the requirements 
of subsections (b)(2), (c)(1), and (c)(2) of section 12113 of 
title 46, United States Code, a vessel that is eligible under 
subsection (a), (b), (c), or (e) and that qualifies to be docu-
mented with a fishery endorsement pursuant to section 
213(g) may be replaced with a replacement vessel under 
paragraph (1) if the vessel that is replaced is validly docu-
mented with a fishery endorsement pursuant to section 
213(g) before the replacement vessel is documented with 
16 USC 1851 
note. 
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124 STAT. 2961 
PUBLIC LAW 111–281—OCT. 15, 2010 
a fishery endorsement under section 12113 of title 46, 
United States Code. 
‘‘(B) APPLICABILITY.—A replacement vessel under 
subparagraph (A) and its owner and mortgagee are subject 
to the same limitations under section 213(g) that are 
applicable to the vessel that has been replaced and its 
owner and mortgagee. 
‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS.— 
‘‘(A) IN GENERAL.—A replacement for a covered vessel 
described in subparagraph (B) is prohibited from harvesting 
fish in any fishery (except for the Pacific whiting fishery) 
managed under the authority of any Regional Fishery 
Management Council (other than the North Pacific Fishery 
Management Council) established under section 302(a) of 
the Magnuson-Stevens Act. 
‘‘(B) COVERED VESSELS.—A covered vessel referred to 
in subparagraph (A) is— 
‘‘(i) a vessel eligible under subsection (a), (b), or 
(c) that is replaced under paragraph (1); or 
‘‘(ii) a vessel eligible under subsection (a), (b), or 
(c) that is rebuilt to increase its registered length, 
gross tonnage, or shaft horsepower. 
‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.—Any vessel 
that is replaced under this subsection shall thereafter not be 
eligible for a fishery endorsement under section 12113 of title 
46, United States Code, unless that vessel is also a replacement 
vessel described in paragraph (1). 
‘‘(6) GULF OF ALASKA LIMITATION.—Notwithstanding para-
graph (1), the Secretary shall prohibit from participation in 
the groundfish fisheries of the Gulf of Alaska any vessel that 
is rebuilt or replaced under this subsection and that exceeds 
the maximum length overall specified on the license that 
authorizes fishing for groundfish pursuant to the license limita-
tion program under part 679 of title 50, Code of Federal Regula-
tions, as in effect on the date of enactment of the Coast Guard 
Authorization Act of 2010. 
‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing in this sec-
tion shall be construed to diminish or otherwise affect the 
authority of the Pacific Council to recommend to the Secretary 
conservation and management measures to protect fisheries 
under its jurisdiction (including the Pacific whiting fishery) 
and participants in such fisheries from adverse impacts caused 
by this Act.’’. 
(2) REPEAL OF EXEMPTION OF CERTAIN VESSELS.—Section 
203(g) of the American Fisheries Act (title II of division C 
of Public Law 105–277; 112 Stat. 2681–620) is repealed. 
(3) FISHERY COOPERATIVE EXIT PROVISIONS.—Section 210(b) 
of the American Fisheries Act (title II of division C of Public 
Law 105–277; 112 Stat. 2681–629) is amended— 
(A) by moving the matter beginning with ‘‘the Secretary 
shall’’ in paragraph (1) 2 ems to the right; and 
(B) by adding at the end the following: 
‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— 
‘‘(A) FISHING
ALLOWANCE
DETERMINATION.—For pur-
poses of determining the aggregate percentage of directed 
fishing allowances under paragraph (1), when a catcher 
16 USC 1851 
note. 
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124 STAT. 2962 
PUBLIC LAW 111–281—OCT. 15, 2010 
vessel is removed from the directed pollock fishery, the 
fishery allowance for pollock for the vessel being removed— 
‘‘(i) shall be based on the catch history determina-
tion for the vessel made pursuant to section 679.62 
of title 50, Code of Federal Regulations, as in effect 
on the date of enactment of the Coast Guard Authoriza-
tion Act of 2010; and 
‘‘(ii) shall be assigned, for all purposes under this 
title, in the manner specified by the owner of the 
vessel being removed to any other catcher vessel or 
among other catcher vessels participating in the fishery 
cooperative if such vessel or vessels remain in the 
fishery cooperative for at least one year after the date 
on which the vessel being removed leaves the directed 
pollock fishery. 
‘‘(B) ELIGIBILITY FOR FISHERY ENDORSEMENT.—Except 
as provided in subparagraph (C), a vessel that is removed 
pursuant to this paragraph shall be permanently ineligible 
for a fishery endorsement, and any claim (including relating 
to catch history) associated with such vessel that could 
qualify any owner of such vessel for any permit to partici-
pate in any fishery within the exclusive economic zone 
of the United States shall be extinguished, unless such 
removed vessel is thereafter designated to replace a vessel 
to be removed pursuant to this paragraph. 
‘‘(C) LIMITATIONS
ON
STATUTORY
CONSTRUCTION.— 
Nothing in this paragraph shall be construed— 
‘‘(i) to make the vessels AJ (United States official 
number 905625), DONA MARTITA (United States offi-
cial number 651751), NORDIC EXPLORER (United 
States official number 678234), and PROVIDIAN 
(United States official number 1062183) ineligible for 
a fishery endorsement or any permit necessary to 
participate in any fishery under the authority of the 
New England Fishery Management Council or the Mid- 
Atlantic Fishery Management Council established, 
respectively, under subparagraphs (A) and (B) of sec-
tion 302(a)(1) of the Magnuson-Stevens Act; or 
‘‘(ii) to allow the vessels referred to in clause (i) 
to participate in any fishery under the authority of 
the Councils referred to in clause (i) in any manner 
that is not consistent with the fishery management 
plan for the fishery developed by the Councils under 
section 303 of the Magnuson-Stevens Act.’’. 
SEC. 603. COLD WEATHER SURVIVAL TRAINING. 
The Commandant of the Coast Guard shall report to the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the efficacy of cold weather survival 
training conducted by the Coast Guard over the preceding 5 years. 
The report shall include plans for conducting such training in 
fiscal years 2010 through 2013. 
SEC. 604. FISHING VESSEL SAFETY. 
(a) SAFETY STANDARDS.—Section 4502 of title 46, United States 
Code, is amended— 
(1) in subsection (a), by— 
Reports. 
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124 STAT. 2963 
PUBLIC LAW 111–281—OCT. 15, 2010 
(A) striking paragraphs (6) and (7) and inserting the 
following: 
‘‘(6) other equipment required to minimize the risk of injury 
to the crew during vessel operations, if the Secretary determines 
that a risk of serious injury exists that can be eliminated 
or mitigated by that equipment; and’’; and 
(B) redesignating paragraph (8) as paragraph (7); 
(2) in subsection (b)— 
(A) in paragraph (1) in the matter preceding subpara-
graph (A), by striking ‘‘documented’’; 
(B) in paragraph (1)(A), by striking ‘‘the Boundary 
Line’’ and inserting ‘‘3 nautical miles from the baseline 
from which the territorial sea of the United States is meas-
ured or beyond 3 nautical miles from the coastline of the 
Great Lakes’’; 
(C) in paragraph (2)(B), by striking ‘‘lifeboats or life-
rafts’’ and inserting ‘‘a survival craft that ensures that 
no part of an individual is immersed in water’’; 
(D) in paragraph (2)(D), by inserting ‘‘marine’’ before 
‘‘radio’’; 
(E) in paragraph (2)(E), by striking ‘‘radar reflectors, 
nautical charts, and anchors’’ and inserting ‘‘nautical 
charts, and publications’’; 
(F) in paragraph (2)(F), by striking ‘‘, including medi-
cine chests’’ and inserting ‘‘and medical supplies sufficient 
for the size and area of operation of the vessel’’; and 
(G) by amending paragraph (2)(G) to read as follows: 
‘‘(G) ground tackle sufficient for the vessel.’’; 
(3) by amending subsection (f) to read as follows: 
‘‘(f) To ensure compliance with the requirements of this chapter, 
the Secretary— 
‘‘(1) shall require the individual in charge of a vessel 
described in subsection (b) to keep a record of equipment 
maintenance, and required instruction and drills; and 
‘‘(2) shall examine at dockside a vessel described in sub-
section (b) at least once every 2 years, and shall issue a certifi-
cate of compliance to a vessel meeting the requirements of 
this chapter.’’; and 
(4) by adding at the end the following: 
‘‘(g)(1) The individual in charge of a vessel described in sub-
section (b) must pass a training program approved by the Secretary 
that meets the requirements in paragraph (2) of this subsection 
and hold a valid certificate issued under that program. 
‘‘(2) The training program shall— 
‘‘(A) be based on professional knowledge and skill obtained 
through sea service and hands-on training, including training 
in seamanship, stability, collision prevention, navigation, fire 
fighting and prevention, damage control, personal survival, 
emergency medical care, emergency drills, and weather; 
‘‘(B) require an individual to demonstrate ability to commu-
nicate in an emergency situation and understand information 
found in navigation publications; 
‘‘(C) recognize and give credit for recent past experience 
in fishing vessel operation; and 
‘‘(D) provide for issuance of a certificate to an individual 
that has successfully completed the program. 
Deadline. 
Certification. 
Records. 
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124 STAT. 2964 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(3) The Secretary shall prescribe regulations implementing 
this subsection. The regulations shall require that individuals who 
are issued a certificate under paragraph (2)(D) must complete 
refresher training at least once every 5 years as a condition of 
maintaining the validity of the certificate. 
‘‘(4) The Secretary shall establish a publicly accessible electronic 
database listing the names of individuals who have participated 
in and received a certificate confirming successful completion of 
a training program approved by the Secretary under this section. 
‘‘(h) A vessel to which this chapter applies shall be constructed 
in a manner that provides a level of safety equivalent to the 
minimum safety standards the Secretary may establish for rec-
reational vessels under section 4302, if— 
‘‘(1) subsection (b) of this section applies to the vessel; 
‘‘(2) the vessel is less than 50 feet overall in length; and 
‘‘(3) the vessel is built after January 1, 2010. 
‘‘(i)(1) The Secretary shall establish a Fishing Safety Training 
Grants Program to provide funding to municipalities, port authori-
ties, other appropriate public entities, not-for-profit organizations, 
and other qualified persons that provide commercial fishing safety 
training— 
‘‘(A) to conduct fishing vessel safety training for vessel 
operators and crewmembers that— 
‘‘(i) in the case of vessel operators, meets the require-
ments of subsection (g); and 
‘‘(ii) in the case of crewmembers, meets the require-
ments of subsection (g)(2)(A), such requirements of sub-
section (g)(2)(B) as are appropriate for crewmembers, and 
the requirements of subsections (g)(2)(D), (g)(3), and (g)(4); 
and 
‘‘(B) for purchase of safety equipment and training aids 
for use in those fishing vessel safety training programs. 
‘‘(2) The Secretary shall award grants under this subsection 
on a competitive basis. 
‘‘(3) The Federal share of the cost of any activity carried out 
with a grant under this subsection shall not exceed 75 percent. 
‘‘(4) There is authorized to be appropriated $3,000,000 for each 
of fiscal years 2010 through 2014 for grants under this subsection. 
‘‘(j)(1) The Secretary shall establish a Fishing Safety Research 
Grant Program to provide funding to individuals in academia, mem-
bers of non-profit organizations and businesses involved in fishing 
and maritime matters, and other persons with expertise in fishing 
safety, to conduct research on methods of improving the safety 
of the commercial fishing industry, including vessel design, emer-
gency and survival equipment, enhancement of vessel monitoring 
systems, communications devices, de-icing technology, and severe 
weather detection. 
‘‘(2) The Secretary shall award grants under this subsection 
on a competitive basis. 
‘‘(3) The Federal share of the cost of any activity carried out 
with a grant under this subsection shall not exceed 75 percent. 
‘‘(4) There is authorized to be appropriated $3,000,000 for each 
fiscal years 2010 through 2014 for activities under this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 4506(b) of title 46, 
United States Code, is repealed. 
(c) ADVISORY COMMITTEE.— 
Grants. 
Grants. 
Public 
information. 
Database. 
Regulations. 
Certification. 
Deadline. 
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124 STAT. 2965 
PUBLIC LAW 111–281—OCT. 15, 2010 
(1) CHANGE OF NAME.—Section 4508 of title 46, United 
States Code, is amended— 
(A) by striking the section heading and inserting the 
following: 
‘‘§ 4508. Commercial Fishing Safety Advisory Committee’’; 
and 
(B) in subsection (a) by striking ‘‘Industry Vessel’’. 
(2) MEMBERSHIP REQUIREMENTS.—Section 4508(b)(1) of that 
title is amended— 
(A) by striking ‘‘seventeen’’ and inserting ‘‘eighteen’’; 
(B) in subparagraph (A)— 
(i) in the matter preceding clause (i), by striking 
‘‘from the commercial fishing industry who—’’ and 
inserting ‘‘who shall represent the commercial fishing 
industry and who—’’; and 
(ii) in clause (ii), by striking ‘‘an uninspected’’ and 
inserting ‘‘a’’; 
(C) by striking subparagraph (B) and inserting the 
following: 
‘‘(B) three members who shall represent the general public, 
including, whenever possible— 
‘‘(i) an independent expert or consultant in maritime 
safety; 
‘‘(ii) a marine surveyor who provides services to vessels 
to which this chapter applies; and 
‘‘(iii) a person familiar with issues affecting fishing 
communities and families of fishermen;’’; and 
(D) in subparagraph (C)— 
(i) in the matter preceding clause (i), by striking 
‘‘representing 
each 
of—’’ 
and inserting ‘‘each of whom shall represent—’’; 
(ii) in clause (i), by striking ‘‘or marine surveyors;’’ 
and inserting ‘‘and marine engineers;’’; 
(iii) in clause (iii), by striking ‘‘and’’ after the semi-
colon at the end; 
(iv) in clause (iv), by striking the period at the 
end and inserting ‘‘; and’’; and 
(v) by adding at the end the following new clause: 
‘‘(v) owners of vessels to which this chapter applies.’’. 
(3) TERMINATION.—Section 4508(e)(1) of that title is 
amended by striking ‘‘September 30, 2010.’’ and inserting ‘‘Sep-
tember 30, 2020.’’. 
(4) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 45 of title 46, United States Code, is 
amended by striking the item relating to such section and 
inserting the following: 
‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 
(d) LOADLINES FOR VESSELS 79 FEET OR GREATER IN LENGTH.— 
(1) LIMITATION ON EXEMPTION FOR FISHING VESSELS.—Sec-
tion 5102(b)(3) of title 46, United States Code, is amended 
by inserting after ‘‘vessel’’ the following ‘‘, unless the vessel 
is built after July 1, 2012’’. 
(2) ALTERNATE PROGRAM FOR CERTAIN FISHING VESSELS.— 
Section 5103 of title 46, United States Code, is amended by 
adding at the end the following: 
46 USC 4501. 
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124 STAT. 2966 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(c) A fishing vessel built on or before July 1, 2012, that 
undergoes a substantial change to the dimension of or type of 
the vessel completed after the later of July 1, 2012, or the date 
the Secretary establishes standards for an alternate loadline compli-
ance program, shall comply with such an alternative loadline 
compliance program that is developed in cooperation with the 
commercial fishing industry and prescribed by the Secretary.’’. 
(e) CLASSING OF VESSELS.— 
(1) IN GENERAL.—Section 4503 of title 46, United States 
Code, is amended— 
(A) by striking the section heading and inserting the 
following: 
‘‘§ 4503. Fishing, fish tender, and fish processing vessel cer-
tification’’; 
(B) in subsection (a) by striking ‘‘fish processing’’; and 
(C) by adding at the end the following: 
‘‘(c) This section applies to a vessel to which section 4502(b) 
of this title applies that is at least 50 feet overall in length and 
is built after July 1, 2012. 
‘‘(d)(1) After January 1, 2020, a fishing vessel, fish processing 
vessel, or fish tender vessel to which section 4502(b) of this title 
applies shall comply with an alternate safety compliance program 
that is developed in cooperation with the commercial fishing 
industry and prescribed by the Secretary, if the vessel— 
‘‘(A) is at least 50 feet overall in length; 
‘‘(B) is built before July 1, 2012; and 
‘‘(C) is 25 years of age or older. 
‘‘(2) A fishing vessel, fish processing vessel, or fish tender 
vessel built before July 1, 2012, that undergoes a substantial change 
to the dimension of or type of vessel completed after the later 
of July 1, 2012, or the date the Secretary establishes standards 
for an alternate safety compliance program, shall comply with such 
an alternative safety compliance program that is developed in 
cooperation with the commercial fishing industry and prescribed 
by the Secretary. 
‘‘(3) Alternative safety compliance programs may be developed 
for purposes of paragraph (1) for specific regions and fisheries. 
‘‘(4) Notwithstanding paragraph (1), vessels owned by a person 
that owns more than 30 vessels subject to that paragraph are 
not required to meet the alternate safety compliance requirements 
of that paragraph until January 1, 2030, if that owner enters 
into a compliance agreement with the Secretary that provides for 
a fixed schedule for all of the vessels owned by that person to 
meet requirements of that paragraph by that date and the vessel 
owner is meeting that schedule. 
‘‘(5) A fishing vessel, fish processing vessel, or fish tender 
vessel to which section 4502(b) of this title applies that was classed 
before July 1, 2012, shall— 
‘‘(A) remain subject to the requirements of a classification 
society approved by the Secretary; and 
‘‘(B) have on board a certificate from that society.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 45 of title 46, United States Code, is 
amended by striking the item relating to such section and 
inserting the following: 
‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’. 
46 USC 4501. 
Certification. 
Applicability. 
Effective date. 
Contracts. 
Effective date. 
Applicability. 
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124 STAT. 2967 
PUBLIC LAW 111–281—OCT. 15, 2010 
(f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.—No later than 
January 1, 2017, the Secretary of the department in which the 
Coast Guard is operating shall prescribe an alternative safety 
compliance program referred to in section 4503(d)(1) of the title 
46, United States Code, as amended by this section. 
SEC. 605. MARINER RECORDS. 
Section 7502 of title 46, United States Code, is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘The’’; 
(2) by striking ‘‘computerized records’’ and inserting 
‘‘records, including electronic records,’’; and 
(3) by adding at the end the following: 
‘‘(b) The Secretary may prescribe regulations requiring a vessel 
owner or managing operator of a commercial vessel, or the employer 
of a seaman on that vessel, to maintain records of each individual 
engaged on the vessel subject to inspection under chapter 33 on 
matters of engagement, discharge, and service for not less than 
5 years after the date of the completion of the service of that 
individual on the vessel. The regulations may require that a vessel 
owner, managing operator, or employer shall make these records 
available to the individual and the Coast Guard on request. 
‘‘(c) A person violating this section, or a regulation prescribed 
under this section, is liable to the United States Government for 
a civil penalty of not more than $5,000.’’. 
SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR 
OPERATORS OF CERTAIN TOWING VESSELS. 
Section 8905 of title 46, United States Code, is amended— 
(1) by striking subsection (b); and 
(2) by redesignating subsection (c) as subsection (b). 
SEC. 607. LOG BOOKS. 
(a) IN GENERAL.—Chapter 113 of title 46, United States Code, 
is amended by adding at the end the following: 
‘‘§ 11304. Additional logbook and entry requirements 
‘‘(a) A vessel of the United States that is subject to inspection 
under section 3301 of this title, except a vessel on a voyage from 
a port in the United States to a port in Canada, shall have an 
official logbook, which shall be kept available for review by the 
Secretary on request. 
‘‘(b) The log book required by subsection (a) shall include the 
following entries: 
‘‘(1) The time when each seaman and each officer assumed 
or relieved the watch. 
‘‘(2) The number of hours in service to the vessels of each 
seaman and each officer. 
‘‘(3) An account of each accident, illness, and injury that 
occurs during each watch.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following: 
‘‘11304. Additional logbook and entry requirements.’’. 
SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS. 
(a) IN GENERAL.—Chapter 21 of title 46, United States Code, 
is further amended by adding at the end the following new sections: 
46 USC 11301. 
Penalty. 
Time period. 
Deadline. 
46 USC 4503 
note. 
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124 STAT. 2968 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘§ 2117. Termination for unsafe operation 
‘‘An individual authorized to enforce this title— 
‘‘(1) may remove a certificate required by this title from 
a vessel that is operating in a condition that does not comply 
with the provisions of the certificate; 
‘‘(2) may order the individual in charge of a vessel that 
is operating that does not have on board the certificate required 
by this title to return the vessel to a mooring and to remain 
there until the vessel is in compliance with this title; and 
‘‘(3) may direct the individual in charge of a vessel to 
which this title applies to immediately take reasonable steps 
necessary for the safety of individuals on board the vessel 
if the official observes the vessel being operated in an unsafe 
condition that the official believes creates an especially haz-
ardous condition, including ordering the individual in charge 
to return the vessel to a mooring and to remain there until 
the situation creating the hazard is corrected or ended. 
‘‘§ 2118. Establishment of equipment standards 
‘‘(a) In establishing standards for approved equipment required 
on vessels subject to part B of this title, the Secretary shall establish 
standards that are— 
‘‘(1) based on performance using the best available tech-
nology that is economically achievable; and 
‘‘(2) operationally practical. 
‘‘(b) Using the standards established under subsection (a), the 
Secretary may also certify lifesaving equipment that is not required 
to be carried on vessels subject to part B of this title to ensure 
that such equipment is suitable for its intended purpose. 
‘‘(c) At least once every 10 years the Secretary shall review 
and revise the standards established under subsection (a) to ensure 
that the standards meet the requirements of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is further amended by adding at the end 
the following: 
‘‘2117. Termination for unsafe operation. 
‘‘2118. Establishment of equipment standards.’’. 
SEC. 609. APPROVAL OF SURVIVAL CRAFT. 
(a) IN GENERAL.—Chapter 31 of title 46, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 3104. Survival craft 
‘‘(a) Except as provided in subsection (b), the Secretary may 
not approve a survival craft as a safety device for purposes of 
this part, unless the craft ensures that no part of an individual 
is immersed in water. 
‘‘(b) The Secretary may authorize a survival craft that does 
not provide protection described in subsection (a) to remain in 
service until not later than January 1, 2015, if— 
‘‘(1) it was approved by the Secretary before January 1, 
2010; and 
‘‘(2) it is in serviceable condition.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following: 
‘‘3104. Survival craft.’’. 
46 USC 3101. 
46 USC 2101. 
Deadline. 
Review. 
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124 STAT. 2969 
PUBLIC LAW 111–281—OCT. 15, 2010 
SEC. 610. SAFETY MANAGEMENT. 
(a) VESSELS TO WHICH REQUIREMENTS APPLY.—Section 3202 
of title 46, United States Code, is amended— 
(1) in subsection (a) by striking the heading and inserting 
‘‘FOREIGN VOYAGES AND FOREIGN VESSELS.—’’; 
(2) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; 
(3) by inserting after subsection (a) the following: 
‘‘(b) OTHER PASSENGER VESSELS.—This chapter applies to a 
vessel that is— 
‘‘(1) a passenger vessel or small passenger vessel; and 
‘‘(2) is transporting more passengers than a number pre-
scribed by the Secretary based on the number of individuals 
on the vessel that could be killed or injured in a marine cas-
ualty.’’; 
(4) in subsection (d), as so redesignated, by striking ‘‘sub-
section (b)’’ and inserting ‘‘subsection (c)’’; and 
(5) in subsection (d)(4), as so redesignated, by inserting 
‘‘that is not described in subsection (b) of this section’’ after 
‘‘waters’’. 
(b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of title 46, 
United States Code, is amended by adding at the end the following 
new subsection: 
‘‘(c) In prescribing regulations for passenger vessels and small 
passenger vessels, the Secretary shall consider— 
‘‘(1) the characteristics, methods of operation, and nature 
of the service of these vessels; and 
‘‘(2) with respect to vessels that are ferries, the sizes of 
the ferry systems within which the vessels operate.’’. 
SEC. 611. PROTECTION AGAINST DISCRIMINATION. 
(a) IN GENERAL.—Section 2114 of title 46, United States Code, 
is amended— 
(1) in subsection (a)(1)(A), by striking ‘‘or’’ after the semi-
colon; 
(2) in subsection (a)(1)(B), by striking the period at the 
end and inserting a semicolon; 
(3) by adding at the end of subsection (a)(1) the following 
new subparagraphs: 
‘‘(C) the seaman testified in a proceeding brought to enforce 
a maritime safety law or regulation prescribed under that law; 
‘‘(D) the seaman notified, or attempted to notify, the vessel 
owner or the Secretary of a work-related personal injury or 
work-related illness of a seaman; 
‘‘(E) the seaman cooperated with a safety investigation 
by the Secretary or the National Transportation Safety Board; 
‘‘(F) the seaman furnished information to the Secretary, 
the National Transportation Safety Board, or any other public 
official as to the facts relating to any marine casualty resulting 
in injury or death to an individual or damage to property 
occurring in connection with vessel transportation; or 
‘‘(G) the seaman accurately reported hours of duty under 
this part.’’; and 
(4) by amending subsection (b) to read as follows: 
‘‘(b) A seaman alleging discharge or discrimination in violation 
of subsection (a) of this section, or another person at the seaman’s 
request, may file a complaint with respect to such allegation in 
Notification. 
Regulations. 
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124 STAT. 2970 
PUBLIC LAW 111–281—OCT. 15, 2010 
the same manner as a complaint may be filed under subsection 
(b) of section 31105 of title 49. Such complaint shall be subject 
to the procedures, requirements, and rights described in that sec-
tion, including with respect to the right to file an objection, the 
right of a person to file for a petition for review under subsection 
(c) of that section, and the requirement to bring a civil action 
under subsection (d) of that section.’’. 
(b) EXISTING ACTIONS.—This section shall not affect the applica-
tion of section 2114(b) of title 46, United States Code, as in effect 
before the date of enactment of this Act, to an action filed under 
that section before that date. 
SEC. 612. OIL FUEL TANK PROTECTION. 
Section 3306 of title 46, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(k)(1) Each vessel of the United States that is constructed 
under a contract entered into after the date of enactment of the 
Maritime Safety Act of 2010, or that is delivered after January 
1, 2011, with an aggregate capacity of 600 cubic meters or more 
of oil fuel, shall comply with the requirements of Regulation 12A 
under Annex I to the Protocol of 1978 relating to the International 
Convention for the Prevention of Pollution from Ships, 1973, entitled 
‘Oil Fuel Tank Protection’. 
‘‘(2) The Secretary may prescribe regulations to apply the 
requirements described in Regulation 12A to vessels described in 
paragraph (1) that are not otherwise subject to that convention. 
Any such regulation shall be considered to be an interpretive rule 
for the purposes of section 553 of title 5. 
‘‘(3) In this subsection the term ‘oil fuel’ means any oil used 
as fuel in connection with the propulsion and auxiliary machinery 
of the vessel in which such oil is carried.’’. 
SEC. 613. OATHS. 
Section 7105 of title 46, United States Code, is amended by 
striking ‘‘before a designated official’’. 
SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND 
MERCHANT MARINERS’ DOCUMENTS. 
(a) MERCHANT MARINER’S DOCUMENTS.—Section 7302(f) of title 
46, United States Code, is amended to read as follows: 
‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MERCHANT MARI-
NERS’ DOCUMENTS.— 
‘‘(1) IN GENERAL.—Except as provided in subsection (g), 
a merchant mariner’s document issued under this chapter is 
valid for a 5-year period and may be renewed for additional 
5-year periods. 
‘‘(2) ADVANCE RENEWALS.—A renewed merchant mariner’s 
document may be issued under this chapter up to 8 months 
in advance but is not effective until the date that the previously 
issued merchant mariner’s document expires or until the 
completion of any active suspension or revocation of that pre-
viously issued merchant mariner’s document, whichever is 
later.’’. 
(b) DURATION
OF LICENSES.—Section 7106 of such title is 
amended to read as follows: 
Definition. 
Compliance. 
46 USC 2114 
note. 
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124 STAT. 2971 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘§ 7106. Duration of licenses 
‘‘(a) IN GENERAL.—A license issued under this part is valid 
for a 5-year period and may be renewed for additional 5-year 
periods; except that the validity of a license issued to a radio 
officer is conditioned on the continuous possession by the holder 
of a first-class or second-class radiotelegraph operator license issued 
by the Federal Communications Commission. 
‘‘(b) ADVANCE RENEWALS.—A renewed license issued under this 
part may be issued up to 8 months in advance but is not effective 
until the date that the previously issued license expires or until 
the completion of any active suspension or revocation of that pre-
viously issued merchant mariner’s document, whichever is later.’’. 
(c) CERTIFICATES OF REGISTRY.—Section 7107 of such title is 
amended to read as follows: 
‘‘§ 7107. Duration of certificates of registry 
‘‘(a) IN GENERAL.—A certificate of registry issued under this 
part is valid for a 5-year period and may be renewed for additional 
5-year periods; except that the validity of a certificate issued to 
a medical doctor or professional nurse is conditioned on the contin-
uous possession by the holder of a license as a medical doctor 
or registered nurse, respectively, issued by a State. 
‘‘(b) ADVANCE RENEWALS.—A renewed certificate of registry 
issued under this part may be issued up to 8 months in advance 
but is not effective until the date that the previously issued certifi-
cate of registry expires or until the completion of any active suspen-
sion or revocation of that previously issued merchant mariner’s 
document, whichever is later.’’. 
SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, 
CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS’ 
DOCUMENTS. 
(a) MERCHANT MARINER LICENSES AND DOCUMENTS.—Chapter 
75 of title 46, United States Code, is amended by adding at the 
end the following: 
‘‘§ 7507. Authority to extend the duration of licenses, certifi-
cates of registry, and merchant mariner documents 
‘‘(a) LICENSES
AND
CERTIFICATES
OF
REGISTRY.—Notwith-
standing sections 7106 and 7107, the Secretary of the department 
in which the Coast Guard is operating may— 
‘‘(1) extend for not more than one year an expiring license 
or certificate of registry issued for an individual under chapter 
73 if the Secretary determines that the extension is required 
to enable the Coast Guard to eliminate a backlog in processing 
applications for those licenses or certificates of registry or in 
response to a national emergency or natural disaster, as deemed 
necessary by the Secretary; or 
‘‘(2) issue for not more than five years an expiring license 
or certificate of registry issued for an individual under chapter 
73 for the exclusive purpose of aligning the expiration date 
of such license or certificate of registry with the expiration 
date of a merchant mariner’s document. 
‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwithstanding sec-
tion 7302(g), the Secretary may— 
‘‘(1) extend for not more than one year an expiring mer-
chant mariner’s document issued for an individual under 
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124 STAT. 2972 
PUBLIC LAW 111–281—OCT. 15, 2010 
chapter 73 if the Secretary determines that the extension is 
required to enable the Coast Guard to eliminate a backlog 
in processing applications for those licenses or certificates of 
registry or in response to a national emergency or natural 
disaster, as deemed necessary by the Secretary; or 
‘‘(2) issue for not more than five years an expiring merchant 
mariner’s document issued for an individual under chapter 
73 for the exclusive purpose of aligning the expiration date 
of such merchant mariner’s document with the expiration date 
of a merchant mariner’s document. 
‘‘(c) MANNER OF EXTENSION.—Any extensions granted under 
this section may be granted to individual seamen or a specifically 
identified group of seamen.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by adding at the end the following: 
‘‘7507. Authority to extend the duration of licenses, certificates of registry, and mer-
chant mariner documents.’’. 
SEC. 616. MERCHANT MARINER ASSISTANCE REPORT. 
Not later than 180 days after the date of enactment of this 
Act, the Commandant of the Coast Guard shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report regarding the feasibility 
of— 
(1) expanding the streamlined evaluation process program 
that was affiliated with the Houston Regional Examination 
Center of the Coast Guard to all processing centers of the 
Coast Guard nationwide; 
(2) including proposals to simplify the application process 
for a license as an officer, staff officer, or operator and for 
a merchant mariner’s document to help eliminate errors by 
merchant mariners when completing the application form (CG– 
719B), including instructions attached to the application form 
and a modified application form for renewals with questions 
pertaining only to the period of time since the previous applica-
tion; 
(3) providing notice to an applicant of the status of the 
pending application, including a process to allow the applicant 
to check on the status of the application by electronic means; 
and 
(4) ensuring that all information collected with respect 
to applications for new or renewed licenses, merchant mariner 
documents, and certificates of registry is retained in a secure 
electronic format. 
SEC. 617. OFFSHORE SUPPLY VESSELS. 
(a) REMOVAL OF TONNAGE LIMITS.— 
(1) DEFINITION.— 
(A) IN GENERAL.—Section 2101(19) of title 46, United 
States Code, is amended by striking ‘‘of more than 15 
gross tons but less than 500 gross tons as measured under 
section 14502 of this title, or an alternate tonnage meas-
ured under section 14302 of this title as prescribed by 
the Secretary under section 14104 of this title’’. 
(B) EXEMPTION.—Section 5209(b)(1) of the Oceans Act 
of 1992 (Public Law 102–587; 46 U.S.C. 2101 note) is 
46 USC 7501. 
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124 STAT. 2973 
PUBLIC LAW 111–281—OCT. 15, 2010 
amended by striking ‘‘vessel.’’ and inserting ‘‘vessel of less 
than 500 gross tons as measured under section 14502, 
or an alternate tonnage measured under section 14302 
of such title as prescribed by the Secretary under section 
14104 of such title.’’. 
(2) APPLICATION.—Section 3702(b) of title 46, United States 
Code, is amended by striking paragraph (1) and redesignating 
paragraphs (2) and (3) as paragraphs (1) and (2), respectively. 
(b) SCALE OF EMPLOYMENT: ABLE SEAMEN.—Section 7312(d) 
of title 46, United States Code, is amended to read as follows: 
‘‘(d) Individuals qualified as able seamen—offshore. supply 
vessel under section 7310 of this title may constitute all of the 
able seamen required on board a vessel of less than 500 gross 
tons as measured under section 14502 of this title or 6,000 gross 
tons as measured under section 14302 of this title engaged in 
support of exploration, exploitation, or production of offshore min-
eral or energy resources. Individuals qualified as able seamen— 
limited under section 7308 of this title may constitute all of the 
able seamen required on board a vessel of at least 500 gross tons 
as measured under section 14502 of this title or 6,000 gross tons 
as measured under section as measured under section 14302 of 
this title as prescribed by the Secretary under section 14104 of 
this title engaged in support of exploration, exploitation, or produc-
tion of offshore mineral or energy resources.’’. 
(c) MINIMUM
NUMBER
OF
LICENSED
INDIVIDUALS.—Section 
8301(b) of title 46, United States Code, is amended to read as 
follows: 
‘‘(b)(1) An offshore supply vessel of less than 500 gross tons 
as measured under section 14502 of this title or 6,000 gross tons 
as measured under section 14302 of this title on a voyage of less 
than 600 miles shall have a licensed mate. If the vessel is on 
a voyage of at least 600 miles, however, the vessel shall have 
2 licensed mates. 
‘‘(2) An offshore supply vessel of at least 6,000 gross tons 
as measured under section 14302 of this title on a voyage of less 
than 600 miles shall have at least two licensed mates, provided 
the offshore supply vessel meets the requirements of section 
8104(g)(2). An offshore supply vessel of at least 6,000 gross tons 
as measured under section 14302 of this title on a voyage of at 
least 600 miles shall have three licensed mates. 
‘‘(3) An offshore supply vessel of more than 200 gross tons 
as measured under section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as prescribed 
by the Secretary under section 14104 of this title, may not be 
operated without a licensed engineer.’’. 
(d) WATCHES.—Section 8104(g) of title 46, United States Code, 
is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 
(2) by adding at the end the following: 
‘‘(2) Paragraph (1) applies to an offshore supply vessel of at 
least 6,000 gross tons as measured under section 14302 of this 
title if the individuals engaged on the vessel are in compliance 
with hours of service requirements (including recording and record-
keeping of that service) as prescribed by the Secretary.’’. 
(e) OIL FUEL TANK PROTECTION.— 
(1) APPLICATION.—An offshore supply vessel of at least 
6,000 gross tons as measured under section 14302 of title 
Compliance. 
46 USC 3703 
note. 
Applicability. 
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124 STAT. 2974 
PUBLIC LAW 111–281—OCT. 15, 2010 
46, United States Code, that is constructed under a contract 
entered into after the date of enactment of this Act, or that 
is delivered after August 1, 2010, with an aggregate capacity 
of 600 cubic meters or more of oil fuel, shall comply with 
the requirements of Regulation 12A under Annex I to the 
Protocol of 1978 relating to the International Convention for 
the Prevention of Pollution from Ships, 1973, entitled Oil Fuel 
Tank Protection, regardless of whether such vessel is engaged 
in the coastwise trade or on an international voyage. 
(2) DEFINITION.—In this subsection the term ‘‘oil fuel’’ 
means any oil used as fuel in connection with the propulsion 
and auxiliary machinery of the vessel in which such oil is 
carried. 
(f) REGULATIONS.— 
(1) IN GENERAL.—Not later than January 1, 2012, the Sec-
retary of the department in which the Coast Guard is operating 
shall promulgate regulations to implement the amendments 
and authorities enacted by this section for offshore supply 
vessels of at least 6,000 gross tons as measured under section 
14302 of title 46, United States Code, and to ensure the safe 
carriage of oil, hazardous substances, and individuals in addi-
tion to the crew on such vessels. The final rule issued pursuant 
to such rulemaking may supersede the interim final rule 
promulgated under paragraph (2) of this subsection. In promul-
gating regulations under this subsection, the Secretary shall 
take into consideration the characteristics of offshore supply 
vessels, their methods of operation, and their service in support 
of exploration, exploitation, or production of offshore mineral 
or energy resources. 
(2) INTERIM FINAL RULE AUTHORITY.—As soon as is prac-
ticable and without regard to the provisions of chapters 5 
and 6 of title 5, United States Code, the Secretary shall issue 
an interim final rule as a temporary regulation implementing 
this section (including the amendments made by this section) 
for offshore supply vessels of at least 6,000 gross tons as meas-
ured under section 14302 of title 46, United States Code, and 
to ensure the safe carriage of oil, hazardous substances, and 
individuals in addition to the crew on such vessels. 
(3) INTERIM PERIOD.—After the effective date of this Act, 
prior to the effective date of the regulations prescribed by 
paragraph (2) of this subsection, and without regard to the 
provisions of chapters 5 and 6 of title 5, United States Code, 
and the offshore supply vessel tonnage limits of applicable 
regulations and policy guidance promulgated prior to the date 
of enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating may— 
(A) issue a certificate of inspection under section 3309 
of title 46, United States Code, to an offshore supply vessel 
of at least 6,000 gross tons as measured under section 
14302 of that title if the Secretary determines that such 
vessel’s arrangements and equipment meet the current 
Coast Guard requirements for certification as a cargo and 
miscellaneous vessel; 
(B) authorize a master, mate, or engineer who pos-
sesses an ocean or near coastal license and endorsement 
under part 11 of subchapter B of title 46, Code of Federal 
Regulations, (or any successor regulation) that qualifies 
Deadline. 
46 USC 3703 
note. 
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124 STAT. 2975 
PUBLIC LAW 111–281—OCT. 15, 2010 
the licensed officer for service on offshore supply vessels 
of at least 3,000 gross tons but less than 6,000 gross 
tons, as measured under section 14302 of title 46, United 
States Code, to operate offshore supply vessels of at least 
6,000 gross tons, as measured under such section; and 
(C) authorize any such master, mate, or engineer who 
also possesses an ocean or near coastal license and endorse-
ment under such part that qualifies the licensed officer 
for service on non trade-restricted vessels of at least 1,600 
gross tons but less than 3,000 gross tons, as measured 
under such section, to increase the tonnage limitation of 
such license and endorsement under section 402(c) of such 
part, using service on vessels certificated under both sub-
chapters I and L of such title and measured only under 
such section, except that such tonnage limitation shall 
not exceed 10,000 gross tons as measured under such sec-
tion. 
SEC. 618. ASSOCIATED EQUIPMENT. 
Section 2101(1)(B) of title 46, United States Code, is amended 
by inserting ‘‘with the exception of emergency locator beacons for 
recreational vessels operating beyond 3 nautical miles from the 
baselines from which the territorial sea of the United States is 
measured or beyond 3 nautical miles from the coastline of the 
Great Lake,’’ before ‘‘does’’. 
SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS. 
Section 4102(b) of title 46, United States Code, is amended 
to read as follows: 
‘‘(b) The Secretary shall prescribe regulations requiring the 
installation, maintenance, and use of life preservers and other 
lifesaving devices for individuals on board uninspected vessels.’’. 
SEC. 620. STUDY OF BLENDED FUELS IN MARINE APPLICATION. 
(a) SURVEY.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Homeland Security, 
acting through the Commandant of the Coast Guard, shall 
submit a survey of published data and reports, pertaining to 
the use, safety, and performance of blended fuels in marine 
applications, to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committees 
on Commerce, Science, and Transportation of the Senate. 
(2) INCLUDED INFORMATION.—To the extent possible, the 
survey required in subsection (a), shall include data and reports 
on— 
(A) the impact of blended fuel on the operation, dura-
bility, and performance of recreational and commercial 
marine engines, vessels, and marine engine and vessel 
components and associated equipment; 
(B) the safety impacts of blended fuels on consumers 
that own and operate recreational and commercial marine 
engines and marine engine components and associated 
equipment; and 
(C) to the extent available, fires and explosions on 
board vessels propelled by engines using blended fuels. 
(b) STUDY.— 
Deadlines. 
Regulations. 
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124 STAT. 2976 
PUBLIC LAW 111–281—OCT. 15, 2010 
(1) IN GENERAL.—Not later than 36 months after the date 
of enactment of this Act, the Secretary, acting through the 
Commandant, shall conduct a comprehensive study on the use, 
safety, and performance of blended fuels in marine applications. 
The Secretary is authorized to conduct such study in conjunc-
tion with— 
(A) any other Federal agency; 
(B) any State government or agency; 
(C) any local government or agency, including local 
police and fire departments; and 
(D) any private entity, including engine and vessel 
manufacturers. 
(2) EVALUATION.—The study shall include an evaluation 
of— 
(A) the impact of blended fuel on the operation, dura-
bility and performance of recreational and commercial 
marine engines, vessels, and marine engine and vessel 
components and associated equipment; 
(B) the safety impacts of blended fuels on consumers 
that own and operate recreational and commercial marine 
engines and marine engine components and associated 
equipment; and 
(C) fires and explosions on board vessels propelled 
by engines using blended fuels. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary of Homeland Security to carry 
out the survey and study under this section $1,000,000. 
SEC. 621. RENEWAL OF ADVISORY COMMITTEES. 
(a) GREAT LAKES PILOTAGE ADVISORY COMMITTEE.—Section 
9307(f)(1) of title 46, United States Code, is amended by striking 
‘‘September 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 
(b) NATIONAL BOATING SAFETY ADVISORY COUNCIL.—Section 
13110 of title 46, United States Code, is amended— 
(1) in subsection (d), by striking the first sentence; and 
(2) in subsection (e), by striking ‘‘September 30, 2010.’’ 
and inserting ‘‘September 30, 2020.’’. 
(c) HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COM-
MITTEE.—Section 18(h) of the Coast Guard Authorization Act of 
1991 (Public Law 102–241 as amended by Public Law 104–324) 
is amended by striking ‘‘September 30, 2010.’’ and inserting ‘‘Sep-
tember 30, 2020.’’. 
(d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY ADVISORY 
COMMITTEE.—Section 19 of the Coast Guard Authorization Act of 
1991 (Public Law 102–241) is amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘twenty-four’’ and inserting ‘‘twenty-five’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(12) One member representing the Associated Federal 
Pilots and Docking Masters of Louisiana.’’; and 
(2) in subsection (g), by striking ‘‘September 30, 2010.’’ 
and inserting ‘‘September 30, 2020.’’. 
(e) TOWING SAFETY ADVISORY COMMITTEE.—The Act entitled 
‘‘An Act To establish a Towing Safety Advisory Committee in the 
Department of Transportation’’, approved October 6, 1980, (33 
U.S.C. 1231a) is amended— 
105 Stat. 2215. 
105 Stat. 2213. 
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124 STAT. 2977 
PUBLIC LAW 111–281—OCT. 15, 2010 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) There is established a Towing Safety Advisory Committee 
(hereinafter referred to as the ‘Committee’). The Committee shall 
consist of eighteen members with particular expertise, knowledge, 
and experience regarding shallow-draft inland and coastal waterway 
navigation and towing safety as follows: 
‘‘(1) Seven members representing the barge and towing 
industry, reflecting a regional geographic balance. 
‘‘(2) One member representing the offshore mineral and 
oil supply vessel industry. 
‘‘(3) One member representing holders of active licensed 
Masters or Pilots of towing vessels with experience on the 
Western Rivers and the Gulf Intracoastal Waterway. 
‘‘(4) One member representing the holders of active licensed 
Masters of towing vessels in offshore service. 
‘‘(5) One member representing Masters who are active ship- 
docking or harbor towing vessel. 
‘‘(6) One member representing licensed or unlicensed 
towing vessel engineers with formal training and experience. 
‘‘(7) Two members representing each of the following 
groups: 
‘‘(A) Port districts, authorities, or terminal operators. 
‘‘(B) Shippers (of whom at least one shall be engaged 
in the shipment of oil or hazardous materials by barge). 
‘‘(8) Two members representing the general public.’’; and 
(2) in subsection (e), by striking ‘‘September 30, 2010.’’ 
and inserting ‘‘September 30, 2020.’’. 
(f) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 5 of the 
Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is 
amended— 
(1) by striking subsections (a) and (b) and inserting the 
following: 
‘‘(a) ESTABLISHMENT OF COUNCIL.— 
‘‘(1) IN
GENERAL.—The Secretary of the department in 
which the Coast Guard is operating shall establish a Navigation 
Safety Advisory Council (hereinafter referred to as the 
‘Council’), consisting of not more than 21 members. All members 
shall have expertise in Inland and International vessel naviga-
tion Rules of the Road, aids to maritime navigation, maritime 
law, vessel safety, port safety, or commercial diving safety. 
Upon appointment, all non-Federal members shall be des-
ignated as representative members to represent the viewpoints 
and interests of one of the following groups or organizations: 
‘‘(A) Commercial vessel owners or operators. 
‘‘(B) Professional mariners. 
‘‘(C) Recreational boaters. 
‘‘(D) The recreational boating industry. 
‘‘(E) State agencies responsible for vessel or port safety. 
‘‘(F) The Maritime Law Association. 
‘‘(2) PANELS.—Additional persons may be appointed to 
panels of the Council to assist the Council in performance 
of its functions. 
‘‘(3) NOMINATIONS.—The Secretary, through the Coast 
Guard Commandant, shall not less often than once a year 
publish a notice in the Federal Register soliciting nominations 
for membership on the Council. 
Deadline. 
Federal Register, 
publication. 
Notice. 
Designation. 
Establishment. 
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124 STAT. 2978 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(b) FUNCTIONS.—The Council shall advise, consult with, and 
make recommendations to the Secretary, through the Coast Guard 
Commandant, on matters relating to maritime collisions, rammings, 
groundings, Inland Rules of the Road, International Rules of the 
Road, navigation regulations and equipment, routing measures, 
marine information, diving safety, and aids to navigation systems. 
Any advice and recommendations made by the Council to the Sec-
retary shall reflect the independent judgment of the Council on 
the matter concerned. The Council shall meet at the call of the 
Coast Guard Commandant, but in any event not less than twice 
during each calendar year. All proceedings of the Council shall 
be public, and a record of the proceedings shall be made available 
for public inspection.’’; and 
(2) in subsection (d), by striking ‘‘September 30, 2010.’’ 
and inserting ‘‘September 30, 2020.’’. 
(g) DELAWARE RIVER
AND BAY OIL SPILL ADVISORY COM-
MITTEE.— 
(1) IN GENERAL.—Section 607 of the Coast Guard and Mari-
time Transportation Act of 2006 (Public Law 109–241; 120 
Stat. 556) is amended— 
(A) in subsection (c)(2), by striking ‘‘Not later than 
18 months after the date that the Commandant completes 
appointment of the members of the Committee,’’ and 
inserting ‘‘Not later than December 31, 2010,’’; 
(B) in subsection (h), by striking ‘‘2007’’ and inserting 
‘‘2011’’; and 
(C) by striking subsection (i) and inserting the fol-
lowing: 
‘‘(i) TERMINATION.—The Committee shall terminate 30 days 
after it transmits its report, pursuant to subsection (c)(2), but 
no later than December 31, 2010, whichever is earlier.’’. 
(2) EFFECTIVE DATE.—The amendments made by this sub-
section are deemed to have taken effect as if they were enacted 
on July 11, 2006. 
(3) CHARTER.—Any charter pertaining to the Delaware 
River and Bay Oil Spill Advisory Committee is deemed not 
to have lapsed, and to have remained in effect, and, notwith-
standing any other provision of law or policy, shall terminate 
30 days after the date the Committee transmits its report, 
pursuant to section 607(c)(2) of the Coast Guard and Maritime 
Transportation Act of 2006 (Public Law 109–241; 120 Stat. 
557), but not later than December 31, 2010, whichever is ear-
lier. 
(4) APPOINTMENTS
TO
COMMITTEE.—Any appointment to 
the Delaware River and Bay Oil Spill Advisory Committee 
is deemed not to have lapsed, and to have remained in effect, 
and, notwithstanding any other provision of law or policy, shall 
terminate 30 days after the Committee transmits its report, 
pursuant to section 607(c)(2) of the Coast Guard and Maritime 
Transportation Act of 2006 (Public Law 109–241; 120 Stat. 
557), but not later than December 31, 2010, whichever is ear-
lier. 
SEC. 622. DELEGATION OF AUTHORITY. 
(a) IN GENERAL.—Section 3316 of title 46, United States Code, 
is amended by adding at the end the following new subsection: 
Deadlines. 
Records. 
Public 
information. 
Deadlines. 
Consultation. 
Recommenda- 
tions. 
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124 STAT. 2979 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(d)(1) The Secretary may delegate to the American Bureau 
of Shipping or another classification society recognized by the Sec-
retary as meeting acceptable standards for such a society, for a 
United States offshore facility, the authority to— 
‘‘(A) review and approve plans required for issuing a certifi-
cate of inspection, a certificate of compliance, or any other 
certification and related documents issued by the Coast Guard 
pursuant to regulations issued under section 30 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1356); and 
‘‘(B) conduct inspections and examinations. 
‘‘(2) The Secretary may make a delegation under paragraph 
(1) to a foreign classification society only if— 
‘‘(A) the foreign society has offices and maintains records 
in the United States; and 
‘‘(B)(i) the government of the foreign country in which 
the foreign society is headquartered delegates that authority 
to the American Bureau of Shipping; or 
‘‘(ii) the Secretary has entered into an agreement with 
the government of the foreign country in which the foreign 
society is headquartered that— 
‘‘(I) ensures the government of the foreign country 
will accept plan review, inspections, or examinations con-
ducted by the American Bureau of Shipping and provide 
equivalent access to inspect, certify, and provide related 
services to offshore facilities located in that country or 
operating under the authority of that country; and 
‘‘(II) is in full accord with principles of reciprocity in 
regards to any delegation contemplated by the Secretary 
under paragraph (1). 
‘‘(3) If an inspection or examination is conducted under 
authority delegated under this subsection, the person to which 
the authority was delegated— 
‘‘(A) shall maintain in the United States complete files 
of all information derived from or necessarily connected with 
the inspection or examination for at least 2 years after the 
United States offshore facility ceases to be certified; and 
‘‘(B) shall permit access to those files at all reasonable 
times to any officer, employee, or member of the Coast Guard 
designated— 
‘‘(i) as a marine inspector and serving in a position 
as a marine inspector; or 
‘‘(ii) in writing by the Secretary to have access to 
those files. 
‘‘(4) For purposes of this subsection— 
‘‘(A) the term ‘offshore facility’ means any installation, 
structure, or other device (including any vessel not documented 
under chapter 121 of this title or the laws of another country), 
fixed or floating, that dynamically holds position or is tempo-
rarily or permanently attached to the seabed or subsoil under 
the sea; and 
‘‘(B) the term ‘United States offshore facility’ means any 
offshore facility, fixed or floating, that dynamically holds posi-
tion or is temporarily or permanently attached to the seabed 
or subsoil under the territorial sea of the United States or 
the outer Continental Shelf (as that term is defined in section 
2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)), 
including any vessel, rig, platform, or other vehicle or structure 
Definitions. 
Records. 
Contracts. 
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124 STAT. 2980 
PUBLIC LAW 111–281—OCT. 15, 2010 
subject to regulation under section 30 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1356).’’. 
(b) REVIEW
AND
APPROVAL
OF
CLASSIFICATION
SOCIETY 
REQUIRED.—Section 3316(c) of title 46, United States Code, is 
amended by striking so much as precedes paragraph (2) and 
inserting the following: 
‘‘(c)(1) A classification society (including an employee or agent 
of that society) may not review, examine, survey, or certify the 
construction, repair, or alteration of a vessel in the United States 
unless the society has applied for approval under this subsection 
and the Secretary has reviewed and approved that society with 
respect to the conduct of that society under paragraph (2).’’. 
TITLE VII—OIL POLLUTION 
PREVENTION 
SEC. 701. RULEMAKINGS. 
(a) STATUS REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating shall provide a report 
to the Senate Committee on Commerce, Science, and Transpor-
tation and the House of Representatives Committee on 
Transportation and Infrastructure on the status of all Coast 
Guard rulemakings required or otherwise being developed (but 
for which no final rule has been issued as of the date of 
enactment of this Act) under section 311 of the Federal Water 
Pollution Control Act (33 U.S.C. 1321). 
(2) INFORMATION REQUIRED.—The Secretary shall include 
in the report required in paragraph (1)— 
(A) a detailed explanation with respect to each such 
rulemaking as to— 
(i) what steps have been completed; 
(ii) what areas remain to be addressed; and 
(iii) the cause of any delays; and 
(B) the date by which a final rule may reasonably 
be expected to be issued. 
(b) FINAL RULES.—The Secretary shall issue a final rule in 
each pending rulemaking described in subsection (a) as soon as 
practicable, but in no event later than 18 months after the date 
of enactment of this Act. 
(c) TOWING VESSELS.—No later than 90 days after the date 
of enactment of this Act, the Secretary shall issue a notice of 
proposed rulemaking regarding inspection requirements for towing 
vessels required under section 3306(j) of title 46, United States 
Code. The Secretary shall issue a final rule pursuant to that rule-
making no later than 1 year after the date of enactment of this 
Act. 
SEC. 702. OIL TRANSFERS FROM VESSELS. 
(a) REGULATIONS.—Within 1 year after the date of enactment 
of this Act, the Secretary shall promulgate regulations to reduce 
the risks of oil spills in operations involving the transfer of oil 
from or to a tank vessel. The regulations— 
Deadline. 
46 USC 3703 
note. 
46 USC 3306 
note. 
33 USC 1321 
note. 
33 USC 1321 
note. 
Deadlines. 
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124 STAT. 2981 
PUBLIC LAW 111–281—OCT. 15, 2010 
(1) shall focus on operations that have the highest risks 
of discharge, including operations at night and in inclement 
weather; 
(2) shall consider— 
(A) requirements for the use of equipment, such as 
putting booms in place for transfers, safety, and environ-
mental impacts; 
(B) operational procedures such as manning standards, 
communications protocols, and restrictions on operations 
in high-risk areas; or 
(C) both such requirements and operational procedures; 
and 
(3) shall take into account the safety of personnel and 
effectiveness of available procedures and equipment for pre-
venting or mitigating transfer spills. 
(b) APPLICATION WITH STATE LAWS.—The regulations promul-
gated under subsection (a) do not preclude the enforcement of 
any State law or regulation the requirements of which are at 
least as stringent as requirements under the regulations (as deter-
mined by the Secretary) that— 
(1) applies in State waters; and 
(2) does not conflict with, or interfere with the enforcement 
of, requirements and operational procedures under the regula-
tions. 
SEC. 703. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR MISS 
INCIDENTS. 
(a) REPORT.—Within 1 year after the date of enactment of 
this Act, the Secretary shall transmit a report to the Senate Com-
mittee on Commerce, Science, and Transportation and the House 
Committee on Transportation and Infrastructure that, using avail-
able data— 
(1) identifies the types of human errors that, combined, 
could cause oil spills, with particular attention to human error 
caused by fatigue, in the past 10 years; 
(2) in consultation with representatives of industry and 
labor and experts in the fields of marine casualties and human 
factors, identifies the most frequent types of near-miss oil spill 
incidents involving vessels such as collisions, allisions, 
groundings, and loss of propulsion in the past 10 years; 
(3) describes the extent to which there are gaps in the 
data required under paragraphs (1) and (2), including gaps 
in the ability to define and identify fatigue, and explains the 
reason for those gaps; and 
(4) includes recommendations by the Secretary and rep-
resentatives of industry and labor and experts in the fields 
of marine casualties and human factors to address the identified 
types of errors and any such gaps in the data. 
(b) MEASURES.—Based on the findings contained in the report 
required by subsection (a), the Secretary shall take appropriate 
action to reduce the risk of oil spills caused by human error. 
(c) CONFIDENTIALITY
OF VOLUNTARILY SUBMITTED INFORMA-
TION.—The identity of a person making a voluntary disclosure under 
this section, and any information obtained from any such voluntary 
disclosure, shall be treated as confidential. 
(d) DISCOVERY
OF VOLUNTARILY SUBMITTED INFORMATION.— 
46 USC 3703 
note. 
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124 STAT. 2982 
PUBLIC LAW 111–281—OCT. 15, 2010 
(1) IN GENERAL.—Except as provided in this subsection, 
a party in a judicial proceeding may not use discovery to 
obtain information or data collected or received by the Secretary 
for use in the report required in subsection (a). 
(2) EXCEPTION.— 
(A) Notwithstanding paragraph (1), a court may allow 
discovery by a party in a judicial proceeding of data 
described in paragraph (1) if, after an in camera review 
of the information or data, the court decides that there 
is a compelling reason to allow the discovery. 
(B) When a court allows discovery in a judicial pro-
ceeding as permitted under this paragraph, the court shall 
issue a protective order— 
(i) to limit the use of the data to the judicial 
proceeding; and 
(ii) to prohibit dissemination of the data to any 
person who does not need access to the data for the 
proceeding. 
(C) A court may allow data it has decided is discover-
able under this paragraph to be admitted into evidence 
in a judicial proceeding only if the court places the data 
under seal to prevent the use of the data for a purpose 
other than for the proceeding. 
(3) APPLICATION.—Paragraph (1) shall not apply to— 
(A) any disclosure made with actual knowledge that 
the disclosure was false, inaccurate, or misleading; or 
(B) any disclosure made with reckless disregard as 
to the truth or falsity of that disclosure. 
(e) RESTRICTION ON USE OF DATA.—Data that is voluntarily 
submitted for the purpose of the study required under subsection 
(a) shall not be used in an administrative action under chapter 
77 of title 46, United States Code. 
SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY. 
The Secretary of the Department in which the Coast Guard 
is operating and the Under Secretary of Commerce for Oceans 
and Atmosphere shall revise the area to be avoided off the coast 
of the State of Washington so that restrictions apply to all vessels 
required to prepare a response plan pursuant to section 311(j) 
of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) 
(other than fishing or research vessels while engaged in fishing 
or research within the area to be avoided). 
SEC. 705. PREVENTION OF SMALL OIL SPILLS. 
(a) PREVENTION AND EDUCATION PROGRAM.—The Under Sec-
retary of Commerce for Oceans and Atmosphere, in consultation 
with the Secretary of the Department in which the Coast Guard 
is operating and other appropriate agencies, shall establish an 
oil spill prevention and education program for small vessels. The 
program shall provide for assessment, outreach, and training and 
voluntary compliance activities to prevent and improve the effective 
response to oil spills from vessels and facilities not required to 
prepare a vessel response plan under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), including recreational vessels, 
commercial fishing vessels, marinas, and aquaculture facilities. The 
Under Secretary may provide grants to sea grant colleges and 
institutes designated under section 207 of the National Sea Grant 
33 USC 1321a. 
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124 STAT. 2983 
PUBLIC LAW 111–281—OCT. 15, 2010 
College Program Act (33 U.S.C. 1126) and to State agencies, tribal 
governments, and other appropriate entities to carry out— 
(1) regional assessments to quantify the source, incidence 
and volume of small oil spills, focusing initially on regions 
in the country where, in the past 10 years, the incidence of 
such spills is estimated to be the highest; 
(2) voluntary, incentive-based clean marina programs that 
encourage marina operators, recreational boaters, and small 
commercial vessel operators to engage in environmentally 
sound operating and maintenance procedures and best manage-
ment practices to prevent or reduce pollution from oil spills 
and other sources; 
(3) cooperative oil spill prevention education programs that 
promote public understanding of the impacts of spilled oil and 
provide useful information and techniques to minimize pollu-
tion, including methods to remove oil and reduce oil contamina-
tion of bilge water, prevent accidental spills during maintenance 
and refueling and properly cleanup and dispose of oil and 
hazardous substances; and 
(4) support for programs, including outreach and education 
to address derelict vessels and the threat of such vessels sinking 
and discharging oil and other hazardous substances, including 
outreach and education to involve efforts to the owners of 
such vessels. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Under Secretary of Commerce for Oceans 
and Atmosphere to carry out this section, $10,000,000 for each 
of fiscal years 2010 through 2014. 
SEC. 706. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS. 
(a) IN GENERAL.—Within 6 months after the date of enactment 
of this Act, the Secretary of the Department in which the Coast 
Guard is operating shall complete the development of a tribal 
consultation policy, which recognizes and protects to the maximum 
extent practicable tribal treaty rights and trust assets in order 
to improve the Coast Guard’s consultation and coordination with 
the tribal governments of federally recognized Indian tribes with 
respect to oil spill prevention, preparedness, response and natural 
resource damage assessment. 
(b) INCLUSION OF TRIBAL GOVERNMENT.—The Secretary of the 
Department in which the Coast Guard is operating shall ensure 
that, as soon as practicable after identifying an oil spill that is 
likely to have a significant impact on natural or cultural resources 
owned or directly utilized by a federally recognized Indian tribe, 
the Coast Guard will— 
(1) ensure that representatives of the tribal government 
of the affected tribes are included as part of the incident com-
mand system established by the Coast Guard to respond to 
the spill; 
(2) share information about the oil spill with the tribal 
government of the affected tribe; and 
(3) to the extent practicable, involve tribal governments 
in deciding how to respond to the spill. 
(c) COOPERATIVE ARRANGEMENTS.—The Coast Guard may enter 
into memoranda of agreement and associated protocols with Indian 
tribal governments in order to establish cooperative arrangements 
for oil pollution prevention, preparedness, and response. Such 
Deadline. 
Consultation 
policy. 
33 USC 1321b. 
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124 STAT. 2984 
PUBLIC LAW 111–281—OCT. 15, 2010 
memoranda may be entered into prior to the development of the 
tribal consultation and coordination policy to provide Indian tribes 
grant and contract assistance. Such memoranda of agreement and 
associated protocols with Indian tribal governments may include— 
(1) arrangements for the assistance of the tribal govern-
ment to participate in the development of the National Contin-
gency Plan and local Area Contingency Plans to the extent 
they affect tribal lands, cultural and natural resources; 
(2) arrangements for the assistance of the tribal govern-
ment to develop the capacity to implement the National Contin-
gency Plan and local Area Contingency Plans to the extent 
they affect tribal lands, cultural and natural resources; 
(3) provisions on coordination in the event of a spill, 
including agreements that representatives of the tribal govern-
ment will be included as part of the regional response team 
co-chaired by the Coast Guard and the Environmental Protec-
tion Agency to establish policies for responding to oil spills; 
(4) arrangements for the Coast Guard to provide training 
of tribal incident commanders and spill responders for oil spill 
preparedness and response; 
(5) demonstration projects to assist tribal governments in 
building the capacity to protect tribal treaty rights and trust 
assets from oil spills; and 
(6) such additional measures the Coast Guard determines 
to be necessary for oil pollution prevention, preparedness, and 
response. 
(d) FUNDING FOR TRIBAL PARTICIPATION.—Subject to the avail-
ability of appropriations, the Commandant of the Coast Guard 
shall provide assistance to participating tribal governments in order 
to facilitate the implementation of cooperative arrangements under 
subsection (c) and ensure the participation of tribal governments 
in such arrangements. There are authorized to be appropriated 
to the Commandant $500,000 for each of fiscal years 2010 through 
2014 to be used to carry out this section. 
SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE 
LOSS OF OIL. 
Within 1 year after the date of enactment of this Act, the 
Secretary of the Department in which the Coast Guard is operating 
shall submit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Com-
mittee on Transportation and Infrastructure on the availability, 
feasibility, and potential cost of technology to detect the loss of 
oil carried as cargo or as fuel on tank and non-tank vessels greater 
than 400 gross tons. 
SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND. 
(a) IN GENERAL.—Section 1012(a)(5) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712(a)(5)) is amended— 
(1) by redesignating subparagraphs (B) and (C) as subpara-
graphs (C) and (D), respectively; and 
(2) by inserting after subparagraph (A) the following: 
‘‘(B) not more than $15,000,000 in each fiscal year 
shall be available to the Under Secretary of Commerce 
for Oceans and Atmosphere for expenses incurred by, and 
activities related to, response and damage assessment 
capabilities of the National Oceanic and Atmospheric 
Administration;’’. 
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124 STAT. 2985 
PUBLIC LAW 111–281—OCT. 15, 2010 
(b) AUDITS; ANNUAL REPORTS.—Section 1012 of the Oil Pollution 
Act of 1990 (33 U.S.C. 2712) is amended— 
(1) by striking subsection (g) and inserting the following: 
‘‘(g) AUDITS.— 
‘‘(1) IN GENERAL.—The Comptroller General of the United 
States shall conduct an audit, including a detailed accounting 
of each disbursement from the Fund in excess of $500,000 
that is— 
‘‘(A) disbursed by the National Pollution Fund Center 
and not reimbursed by the responsible party; and 
‘‘(B) administered and managed by the receiving Fed-
eral agencies, including final payments made to agencies 
and contractors and, to the extent possible, subcontractors. 
‘‘(2) FREQUENCY.—The audits shall be conducted— 
‘‘(A) at least once every 3 years after the date of enact-
ment of the Coast Guard Authorization Act of 2010 until 
2016; and 
‘‘(B) at least once every 5 years after the last audit 
conducted under subparagraph (A). 
‘‘(3) SUBMISSION
OF
RESULTS.—The Comptroller shall 
submit the results of each audit conducted under paragraph 
(1) to— 
‘‘(A) the Senate Committee on Commerce, Science, and 
Transportation; 
‘‘(B) the House of Representatives Committee on 
Transportation and Infrastructure; and 
‘‘(C) the Secretary or Administrator of each agency 
referred to in paragraph (1)(B).’’; and 
(2) by adding at the end thereof the following: 
‘‘(l) REPORTS.— 
‘‘(1) IN GENERAL.—Within one year after the date of enact-
ment of the Coast Guard Authorization Act of 2010, and 
annually thereafter, the President, through the Secretary of 
the Department in which the Coast Guard is operating, shall— 
‘‘(A) provide a report on disbursements for the pre-
ceding fiscal year from the Fund, regardless of whether 
those disbursements were subject to annual appropriations, 
to— 
‘‘(i) the Senate Committee on Commerce, Science, 
and Transportation; and 
‘‘(ii) the House of Representatives Committee on 
Transportation and Infrastructure; and 
‘‘(B) make the report available to the public on the 
National Pollution Funds Center Internet website. 
‘‘(2) CONTENTS.—The report shall include— 
‘‘(A) a list of each disbursement of $250,000 or more 
from the Fund during the preceding fiscal year; and 
‘‘(B) a description of how each such use of the Fund 
meets the requirements of subsection (a). 
‘‘(3) AGENCY RECORDKEEPING.—Each Federal agency that 
receives amounts from the Fund shall maintain records 
describing the purposes for which such funds were obligated 
or expended in such detail as the Secretary may require for 
purposes of the report required under paragraph (1).’’. 
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124 STAT. 2986 
PUBLIC LAW 111–281—OCT. 15, 2010 
SEC. 709. INTERNATIONAL EFFORTS ON ENFORCEMENT. 
The Secretary of the department in which the Coast Guard 
is operating, in consultation with the heads of other appropriate 
Federal agencies, shall ensure that the Coast Guard pursues 
stronger enforcement in the International Maritime Organization 
of agreements related to oil discharges, including joint enforcement 
operations, training, and stronger compliance mechanisms. 
SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINITION 
CHANGE. 
(a) IN GENERAL.—Within 1 year after the date of enactment 
of this Act, the Commandant shall initiate a rulemaking proceeding 
to modify the definition of the term ‘‘higher volume port area’’ 
in section 155.1020 of the Coast Guard regulations (33 C.F.R. 
155.1020) by striking ‘‘Port Angeles, WA’’ in paragraph (13) of 
that section and inserting ‘‘Cape Flattery, WA’’. 
(b) VESSEL RESPONSE PLAN REVIEWS.—Within 5 years after 
the date of enactment of this Act, the Coast Guard shall complete 
its review of any changes to vessel response plans under the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.) resulting 
from the modification of the higher volume port area definition 
required by subsection (a). 
SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS. 
(a) COMPARABILITY ANALYSIS.— 
(1) IN GENERAL.—Within 1 year after the date of enactment 
of this Act, the Commandant, in consultation with the Secretary 
of State, is strongly encouraged to enter into negotiations with 
the Government of Canada to update the comparability analysis 
which serves as the basis for the Cooperative Vessel Traffic 
Service agreement between the United States and Canada for 
the management of maritime traffic in Puget Sound, the Strait 
of Georgia, Haro Strait, Rosario Strait, and the Strait of Juan 
de Fuca. The updated analysis shall, at a minimum, consider— 
(A) requirements for laden tank vessels to be escorted 
by tug boats; 
(B) vessel emergency response towing capability at the 
entrance to the Strait of Juan de Fuca; and 
(C) spill response capability throughout the shared 
water, including oil spill response planning requirements 
for vessels bound for one nation transiting through the 
waters of the other nation. 
(2) CONSULTATION REQUIREMENT.—In conducting the anal-
ysis required under this subsection, the Commandant shall 
consult with the State of Washington and affected tribal govern-
ments. 
(3) RECOMMENDATIONS.—Within 18 months after the date 
of enactment of this Act, the Commandant shall submit rec-
ommendations based on the analysis required under this sub-
section to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee 
on Transportation and Infrastructure. The recommendations 
shall consider a full range of options for the management 
of maritime traffic, including Federal legislation, promulgation 
of Federal rules, and the establishment of cooperative agree-
ments for shared funding of spill prevention and response sys-
tems. 
Canada. 
Deadlines. 
Deadlines. 
33 USC 1321c. 
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124 STAT. 2987 
PUBLIC LAW 111–281—OCT. 15, 2010 
(b) DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN 
PRINCE WILLIAM SOUND, ALASKA.— 
(1) IN GENERAL.—Section 4116(c) of the Oil Pollution Act 
of 1990 (46 U.S.C. 3703 note) is amended— 
(A) by striking ‘‘Not later than 6 months after the 
date of the enactment of this Act, the’’ and inserting ‘‘(1) 
IN GENERAL.—The’’; and 
(B) by adding at the end the following: 
‘‘(2) PRINCE WILLIAM SOUND, ALASKA.— 
‘‘(A) IN GENERAL.—The requirement in paragraph (1) 
relating to single hulled tankers in Prince William Sound, 
Alaska, described in that paragraph being escorted by at 
least 2 towing vessels or other vessels considered to be 
appropriate by the Secretary (including regulations promul-
gated 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) implementing this subsection with respect to those 
tankers) shall apply to double hulled tankers over 5,000 
gross tons transporting oil in bulk in Prince William Sound, 
Alaska. 
‘‘(B) IMPLEMENTATION
OF
REQUIREMENTS.—The Sec-
retary of the department in which the Coast Guard is 
operating shall prescribe interim final regulations to carry 
out subparagraph (A) as soon as practicable without notice 
and hearing pursuant to section 553 of title 5 of the United 
States Code.’’. 
(2) EFFECTIVE DATE.—The amendments made by subsection 
(b) take effect on the date that is 90 days after the date 
of enactment of this Act. 
(c) PRESERVATION OF STATE AUTHORITY.—Nothing in this Act 
or in any other provision of Federal law related to the regulation 
of maritime transportation of oil shall affect, or be construed or 
interpreted as preempting, the authority of any State or political 
subdivision thereof which require the escort by one or more tugs 
of laden oil tankers in the areas which are specified in section 
4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note). 
(d) VESSEL TRAFFIC RISK ASSESSMENT.— 
(1) REQUIREMENT.—The Commandant of the Coast Guard, 
acting through the appropriate Area Committee established 
under section 311(j)(4) of the Federal Water Pollution Control 
Act, shall prepare a vessel traffic risk assessment for Cook 
Inlet, Alaska, within 1 year after the date of enactment of 
this Act. 
(2) CONTENTS.—The assessment shall describe, for the 
region covered by the assessment— 
(A) the amount and character of present and estimated 
future shipping traffic in the region; and 
(B) the current and projected use and effectiveness 
in reducing risk, of— 
(i) traffic separation schemes and routing meas-
ures; 
(ii) long-range vessel tracking systems developed 
under section 70115 of title 46, United States Code; 
(iii) towing, response, or escort tugs; 
(iv) vessel traffic services; 
(v) emergency towing packages on vessels; 
Alaska. 
Deadline. 
46 USC 3703 
note. 
46 USC 3703 
note. 
Regulations. 
Applicability. 
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124 STAT. 2988 
PUBLIC LAW 111–281—OCT. 15, 2010 
(vi) increased spill response equipment including 
equipment appropriate for severe weather and sea 
conditions; 
(vii) the Automatic Identification System developed 
under section 70114 of title 46, United States Code; 
(viii) particularly sensitive sea areas, areas to be 
avoided, and other traffic exclusion zones; 
(ix) aids to navigation; and 
(x) vessel response plans. 
(3) RECOMMENDATIONS.— 
(A) IN GENERAL.—The assessment shall include any 
appropriate recommendations to enhance the safety, or 
lessen potential adverse environmental impacts, of marine 
shipping. 
(B) CONSULTATION.—Before making any recommenda-
tions under paragraph (1) for a region, the Area Committee 
shall consult with affected local, State, and Federal govern-
ment agencies, representatives of the fishing industry, 
Alaska Natives from the region, the conservation commu-
nity, and the merchant shipping and oil transportation 
industries. 
(4) PROVISION TO CONGRESS.—The Commandant shall pro-
vide a copy of the assessment to the Committee on Transpor-
tation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of 
the Senate. 
SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY. 
Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2716(a)) is amended— 
(1) by striking ‘‘or’’ after the semicolon in paragraph (1); 
(2) by inserting ‘‘or’’ after the semicolon in paragraph (2); 
and 
(3) by inserting after paragraph (2) the following: 
‘‘(3) any tank vessel over 100 gross tons using any place 
subject to the jurisdiction of the United States;’’. 
SEC. 713. LIABILITY FOR USE OF SINGLE-HULL VESSELS. 
Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 
2701(32)(A)) is amended by inserting ‘‘In the case of a vessel, 
the term ‘responsible party’ also includes the owner of oil being 
transported in a tank vessel with a single hull after December 
31, 2010 (other than a vessel described in section 3703a(b)(3) of 
title 46, United States Code).’’ after ‘‘vessel.’’. 
TITLE VIII—PORT SECURITY 
SEC. 801. AMERICA’S WATERWAY WATCH PROGRAM. 
(a) IN GENERAL.—Chapter 701 of title 46, United States Code, 
is amended by adding at the end thereof the following: 
‘‘§ 70122. Waterway watch program 
‘‘(a) PROGRAM
ESTABLISHED.—There is hereby established, 
within the Coast Guard, the America’s Waterway Watch Program. 
‘‘(b) PURPOSE.—The Secretary shall administer the Program 
in a manner that promotes voluntary reporting of activities that 
may indicate that a person or persons may be preparing to engage 
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124 STAT. 2989 
PUBLIC LAW 111–281—OCT. 15, 2010 
or engaging in a violation of law relating to a threat or an act 
of terrorism (as that term is defined in section 3077 of title 18) 
against a vessel, facility, port, or waterway. 
‘‘(c) INFORMATION; TRAINING.— 
‘‘(1) INFORMATION.—The Secretary may establish, as an 
element of the Program, a network of individuals and commu-
nity-based organizations that encourage the public and industry 
to recognize activities referred to in subsection (b), promote 
voluntary reporting of such activity, and enhance the situa-
tional awareness within the Nation’s ports and waterways. 
Such network shall, to the extent practicable, be conducted 
in cooperation with Federal, State, and local law enforcement 
agencies. 
‘‘(2) TRAINING.—The Secretary may provide training in— 
‘‘(A) observing and reporting on covered activities; and 
‘‘(B) sharing such reports and coordinating the response 
by Federal, State, and local law enforcement agencies. 
‘‘(d) VOLUNTARY
PARTICIPATION.—Participation in the Pro-
gram— 
‘‘(1) shall be wholly voluntary; 
‘‘(2) shall not be a prerequisite to eligibility for, or receipt 
of, any other service or assistance from, or to participation 
in, any other program of any kind; and 
‘‘(3) shall not require disclosure of information regarding 
the individual reporting covered activities or, for proprietary 
purposes, the location of such individual. 
‘‘(e) COORDINATION.—The Secretary shall coordinate the Pro-
gram with other like watch programs. The Secretary shall submit, 
concurrent with the President’s budget submission for each fiscal 
year, a report on coordination of the Program and like watch pro-
grams within the Department of Homeland Security to the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and the Committee on Homeland Security of the House of Rep-
resentatives. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for the purposes of this section $3,000,000 for 
each of fiscal years 2011 through 2016. Such funds shall remain 
available until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for chapter 
701 of title 46, United States Code, is amended by inserting after 
the item relating to section 70121 the following: 
‘‘70122. Waterway watch program.’’. 
SEC. 802. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL. 
(a) IN GENERAL.—Not later than 120 days after completing 
the pilot program under section 70105(k)(1) of title 46, United 
States Code, to test TWIC access control technologies at port facili-
ties and vessels nationwide, the Secretary of Homeland Security 
shall submit to the Committee on Homeland Security and the 
Committee on Transportation and Infrastructure of the House of 
Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and to the Comptroller General a 
report containing an assessment of the results of the pilot. The 
report shall include— 
(1) the findings of the pilot program with respect to key 
technical and operational aspects of implementing TWIC tech-
nologies in the maritime sector; 
Deadline. 
46 USC 70101. 
Reports. 
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124 STAT. 2990 
PUBLIC LAW 111–281—OCT. 15, 2010 
(2) a comprehensive listing of the extent to which estab-
lished metrics were achieved during the pilot program; and 
(3) an analysis of the viability of those technologies for 
use in the maritime environment, including any challenges 
to implementing those technologies and strategies for miti-
gating identified challenges. 
(b) GAO ASSESSMENT.—The Comptroller General shall review 
the report and submit to the Committee on Homeland Security 
and the Committee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on Commerce, 
Science, and Transportation of the Senate an assessment of the 
report’s findings and recommendations. 
SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY. 
Section 70107A(b) of title 46, United States Code, is amended— 
(1) by striking paragraph (3); 
(2) by redesignating paragraphs (1) and (2) as paragraphs 
(2) and (3), respectively; 
(3) by inserting before paragraph (2), as so redesignated, 
the following: 
‘‘(1)(A) include— 
‘‘(i) information management systems, and 
‘‘(ii) sensor management systems; and 
‘‘(B) where practicable, provide for the physical co-location 
of the Coast Guard and, as the Secretary determines appro-
priate, representatives of the United States Customs and 
Border Protection, the United States Immigration and Customs 
Enforcement, the Transportation Security Administration, the 
Department of Justice, the Department of Defense, and other 
Federal agencies, State and local law enforcement or port secu-
rity personnel, members of the Area Maritime Security Com-
mittee, and other public and private sector stakeholders 
adversely affected by a transportation security incident or 
transportation disruption;’’; and 
(4) in paragraph (2), as so redesignated— 
(A) by striking ‘‘existing centers, including—’’ and 
inserting ‘‘existing centers;’’; and 
(B) by striking subparagraph (A) and (B); and 
(5) by adding ‘‘and’’ at the end of paragraph (3), as so 
redesignated. 
SEC. 804. DEPLOYABLE, SPECIALIZED FORCES. 
(a) IN GENERAL.—Section 70106 of title 46, United States Code, 
is amended to read as follows: 
‘‘§ 70106. Deployable, specialized forces 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—To enhance the domestic maritime secu-
rity capability of the United States, the Secretary shall estab-
lish deployable specialized forces of varying capabilities as are 
needed to safeguard the public and protect vessels, harbors, 
ports, facilities, and cargo in waters subject to the jurisdiction 
of the United States from destruction, loss or injury from crime, 
or sabotage due to terrorist activity, and to respond to such 
activity in accordance with the transportation security plans 
developed under section 70103. 
‘‘(2) ENHANCED
TEAMS.—Such specialized forces shall 
include no less than two enhanced teams to serve as deployable 
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124 STAT. 2991 
PUBLIC LAW 111–281—OCT. 15, 2010 
forces capable of combating terrorism, engaging in interdiction, 
law enforcement, and advanced tactical maritime security oper-
ations to address known or potentially armed security threats 
(including non-compliant actors at sea), and participating in 
homeland security, homeland defense, and counterterrorism 
exercises in the maritime environment. 
‘‘(b) MISSION.—The combined force of the specialized forces 
established under subsection (a) shall be trained, equipped, and 
capable of being deployed to— 
‘‘(1) deter, protect against, and rapidly respond to threats 
of maritime terrorism; 
‘‘(2) conduct maritime operations to protect against and 
disrupt illegal use, access to, or proliferation of weapons of 
mass destruction; 
‘‘(3) enforce moving or fixed safety or security zones estab-
lished pursuant to law; 
‘‘(4) conduct high speed intercepts; 
‘‘(5) board, search, and seize any article or thing on or 
at, respectively, a vessel or facility found to present a risk 
to the vessel or facility, or to a port; 
‘‘(6) rapidly deploy to supplement United States armed 
forces domestically or overseas; 
‘‘(7) respond to criminal or terrorist acts so as to minimize, 
insofar as possible, the disruption caused by such acts; 
‘‘(8) assist with facility vulnerability assessments required 
under this chapter; and 
‘‘(9) carry out any other missions of the Coast Guard as 
are assigned to it by the Secretary. 
‘‘(c) MINIMIZATION OF RESPONSE TIMES.—The enhanced teams 
established under subsection (a)(2) shall, to the extent practicable, 
be stationed in such a way so as to minimize the response time 
to maritime terrorist threats and potential or actual transportation 
security incidents. 
‘‘(d) COORDINATION WITH OTHER AGENCIES.—To the maximum 
extent feasible, the combined force of the specialized forces estab-
lished under subsection (a) shall coordinate their activities with 
other Federal, State, and local law enforcement and emergency 
response agencies.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for chapter 
701 of title 46, United States Code, is amended by striking the 
item relating to section 70106 and inserting the following: 
‘‘70106. Deployable, specialized forces.’’. 
SEC. 805. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPAN-
SION. 
(a) DEFINITIONS.—For purposes of this section: 
(1) CANINE DETECTION TEAM.—The term ‘‘detection canine 
team’’ means a canine and a canine handler that are trained 
to detect narcotics or explosives, or other threats as defined 
by the Secretary. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
(b) DETECTION CANINE TEAMS.— 
(1) INCREASED CAPACITY.—Not later than 1 year after the 
date of enactment of this Act, and subject to the availability 
of appropriations, the Secretary shall— 
Deadline. 
46 USC 70106 
note. 
46 USC 70101. 
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124 STAT. 2992 
PUBLIC LAW 111–281—OCT. 15, 2010 
(A) begin to increase the number of detection canine 
teams certified by the Coast Guard for the purposes of 
maritime-related security by no fewer than 10 canine teams 
annually through fiscal year 2012; and 
(B) encourage owners and operators of port facilities, 
passenger cruise liners, oceangoing cargo vessels, and other 
vessels identified by the Secretary to strengthen security 
through the use of highly trained detection canine teams. 
(2) CANINE PROCUREMENT.—The Secretary, acting through 
the Commandant of the Coast Guard, shall procure detection 
canine teams as efficiently as possible, including, to the greatest 
extent possible, through increased domestic breeding, while 
meeting the performance needs and criteria established by the 
Commandant. 
(c) DEPLOYMENT.—The Secretary shall prioritize deployment 
of the additional canine teams to ports based on risk, consistent 
with the Security and Accountability For Every Port Act of 2006 
(Public Law 109–347). 
SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM. 
(a) FOREIGN PORT ASSESSMENT.—Chapter 701 of title 46, United 
States Code, is amended— 
(1) by adding at the end of section 70108 the following: 
‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—The absence 
of an inspection of a foreign port shall not bar the Secretary from 
making a finding that a port in a foreign country does not maintain 
effective antiterrorism measures.’’; 
(2) by striking ‘‘If the Secretary, after conducting an assess-
ment under section 70108, finds that a port in a foreign country 
does not maintain effective antiterrorism measures,’’ in section 
70109(a) and inserting ‘‘Unless the Secretary finds that a port 
in a foreign country maintains effective antiterrorism meas-
ures,’’; and 
(3) by striking ‘‘If the Secretary finds that a foreign port 
does not maintain effective antiterrorism measures,’’ in section 
70110(a) and inserting ‘‘Unless the Secretary finds that a for-
eign port maintains effective antiterrorism measures,’’. 
(b) ASSISTANCE PROGRAM.—Section 70110 of title 46, United 
States Code, is amended by adding at the end the following: 
‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary may lend, lease, donate, 
or otherwise provide equipment, and provide technical training 
and support, to the owner or operator of a foreign port or 
facility— 
‘‘(A) to assist in bringing the port or facility into compli-
ance with applicable International Ship and Port Facility 
Code standards; and 
‘‘(B) to assist the port or facility in correcting defi-
ciencies identified in periodic port assessments and 
reassessments required under section 70108 of this title. 
‘‘(2) CONDITIONS.—The Secretary— 
‘‘(A) may provide such assistance based upon an assess-
ment of the risks to the security of the United States 
and the inability of the owner or operator of the port 
or facility to bring the port or facility into compliance 
with those standards and to maintain compliance with, 
or exceed, such standards; 
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124 STAT. 2993 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(B) may not provide such assistance unless the port 
or facility has been subjected to a comprehensive port secu-
rity assessment by the Coast Guard; and 
‘‘(C) may only lend, lease, or otherwise provide equip-
ment that the Secretary has first determined is not 
required by the Coast Guard for the performance of its 
missions.’’. 
(c) SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.— 
(1) IN GENERAL.—Section 70110(e)(1) of title 46, United 
States Code, is amended by striking the second sentence and 
inserting the following: ‘‘The Secretary shall establish a stra-
tegic plan to utilize those assistance programs to assist ports 
and facilities that are found by the Secretary under subsection 
(a) not to maintain effective antiterrorism measures in the 
implementation of port security antiterrorism measures.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 70110 of title 46, United States Code, is 
amended— 
(i) by inserting ‘‘OR FACILITIES’’ after ‘‘PORTS’’ in 
the section heading; 
(ii) by inserting ‘‘or facility’’ after ‘‘port’’ each place 
it appears; and 
(iii) by striking ‘‘PORTS’’ in the heading for sub-
section (e) and inserting ‘‘PORTS, FACILITIES,’’. 
(B) Section 70108(c) of such title is amended— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3), respectively. 
(C) The table of contents for chapter 701 of title 46, 
United States Code, is amended by striking the item 
relating to section 70110 and inserting the following: 
‘‘70110. Actions and assistance for foreign ports or facilities and United States terri-
tories.’’. 
SEC. 807. MARITIME BIOMETRIC IDENTIFICATION. 
(a) IN GENERAL.—Chapter 701 of title 46, United States Code, 
is further amended by adding at the end the following: 
‘‘§ 70123. Mobile biometric identification 
‘‘(a) IN GENERAL.—Within one year after the date of the enact-
ment of the Coast Guard Authorization Act of 2010, the Secretary 
shall conduct, in the maritime environment, a program for the 
mobile biometric identification of suspected individuals, including 
terrorists, to enhance border security and for other purposes. 
‘‘(b) REQUIREMENTS.—The Secretary shall ensure the program 
required in this section is coordinated with other biometric identi-
fication programs within the Department of Homeland Security. 
‘‘(c) DEFINITION.—For the purposes of this section, the term 
‘biometric identification’ means use of fingerprint and digital photog-
raphy images and facial and iris scan technology and any other 
technology considered applicable by the Department of Homeland 
Security.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following: 
‘‘70123. Mobile biometric identification.’’. 
46 USC 70101. 
Deadline. 
46 USC 70101. 
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124 STAT. 2994 
PUBLIC LAW 111–281—OCT. 15, 2010 
(c) COST ANALYSIS.—Within 90 days after the date of the enact-
ment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall submit to the Committees on Home-
land Security and Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate an analysis of the cost of expanding 
the Coast Guard’s biometric identification capabilities for use by 
the Coast Guard’s Deployable Operations Group, cutters, stations, 
and other deployable maritime teams considered appropriate by 
the Secretary, and any other appropriate Department of Homeland 
Security maritime vessels and units. The analysis may include 
a tiered plan for the deployment of this program that gives priority 
to vessels and units more likely to encounter individuals suspected 
of making illegal border crossings through the maritime environ-
ment. 
(d) STUDY ON EMERGING BIOMETRIC CAPABILITIES.— 
(1) STUDY REQUIRED.—The Secretary of Homeland Security 
shall submit to the Committees on Homeland Security and 
Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transpor-
tation of the Senate a study on the use by the Coast Guard 
and other departmental entities of the combination of biometric 
technologies to rapidly identify individuals for security pur-
poses. Such study shall focus on— 
(A) increased accuracy of facial recognition; 
(B) enhancement of existing iris recognition technology; 
and 
(C) other emerging biometric technologies capable of 
assisting in confirming the identification of individuals. 
(2) PURPOSE OF STUDY.—The purpose of the study required 
by paragraph (1) is to facilitate the use of a combination bio-
metrics, including facial and iris recognition, to provide a higher 
probability of success in identification than a single approach 
and to achieve transformational advances in the flexibility, 
authenticity, and overall capability of integrated biometric 
detectors. The operational goal of the study should be to provide 
the capability to nonintrusively collect biometrics in an accurate 
and expeditious manner to assist the Coast Guard and the 
Department of Homeland Security in fulfilling its mission to 
protect and support national security. 
SEC. 808. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME 
WORKERS. 
(a) IN GENERAL.—Within 180 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall establish 
procedures providing for an individual who is required to be 
fingerprinted for purposes of obtaining a transportation security 
card under section 70105 of title 46, United States Code, the ability 
to be fingerprinted at any of not less than 20 facilities operated 
by or under contract with an agency of the Department of Homeland 
Security that fingerprints the public for the Department. These 
facilities shall be in addition to facilities established under section 
70105 of title 46, United States Code. 
(b) EXPIRATION.—The requirement made by subsection (a) 
expires 1 year after the date the Secretary establishes the facilities 
required under that subsection. 
Deadline. 
Procedures. 
46 USC 70105 
note. 
Deadline. 
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124 STAT. 2995 
PUBLIC LAW 111–281—OCT. 15, 2010 
SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS. 
Section 70105(b)(2) of title 46, United States Code, is 
amended— 
(1) in subparagraph (B), by inserting after ‘‘title’’ the fol-
lowing: ‘‘allowed unescorted access to a secure area designated 
in a vessel security plan approved under section 70103 of this 
title’’; and 
(2) in subparagraph (D), by inserting after ‘‘tank vessel’’ 
the following: ‘‘allowed unescorted access to a secure area des-
ignated in a vessel security plan approved under section 70103 
of this title’’. 
SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES. 
Section 70112 of title 46, United States Code, is amended— 
(1) by amending subsection (b)(5) to read as follows: 
‘‘(5)(A) The National Maritime Security Advisory Committee 
shall be composed of— 
‘‘(i) at least 1 individual who represents the interests of 
the port authorities; 
‘‘(ii) at least 1 individual who represents the interests of 
the facilities owners or operators; 
‘‘(iii) at least 1 individual who represents the interests 
of the terminal owners or operators; 
‘‘(iv) at least 1 individual who represents the interests 
of the vessel owners or operators; 
‘‘(v) at least 1 individual who represents the interests of 
the maritime labor organizations; 
‘‘(vi) at least 1 individual who represents the interests 
of the academic community; 
‘‘(vii) at least 1 individual who represents the interests 
of State or local governments; and 
‘‘(viii) at least 1 individual who represents the interests 
of the maritime industry. 
‘‘(B) Each Area Maritime Security Advisory Committee shall 
be composed of individuals who represents the interests of the 
port industry, terminal operators, port labor organizations, and 
other users of the port areas.’’; and 
(2) in subsection (g)— 
(A) in paragraph (1)(A), by striking ‘‘2008;’’ and 
inserting ‘‘2020;’’; and 
(B) in paragraph (2), by striking ‘‘2006’’ and inserting 
‘‘2018’’. 
SEC. 811. SEAMEN’S SHORESIDE ACCESS. 
Each facility security plan approved under section 70103(c) 
of title 46, United States Code, shall provide a system for seamen 
assigned to a vessel at that facility, pilots, and representatives 
of seamen’s welfare and labor organizations to board and depart 
the vessel through the facility in a timely manner at no cost 
to the individual. 
SEC. 812. WATERSIDE SECURITY OF ESPECIALLY HAZARDOUS CARGO. 
(a) NATIONAL STUDY.— 
(1) IN GENERAL.—The Secretary of the department in which 
the Coast Guard is operating shall— 
(A) initiate a national study to identify measures to 
improve the security of maritime transportation of espe-
cially hazardous cargo; and 
46 USC 70101 
note. 
46 USC 70103 
note. 
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124 STAT. 2996 
PUBLIC LAW 111–281—OCT. 15, 2010 
(B) coordinate with other Federal agencies, the 
National Maritime Security Advisory Committee, and 
appropriate State and local government officials through 
the Area Maritime Security Committees and other existing 
coordinating committees, to evaluate the waterside security 
of vessels carrying, and waterfront facilities handling, espe-
cially hazardous cargo. 
(2) MATTERS TO BE INCLUDED.—The study conducted under 
this subsection shall include— 
(A) an analysis of existing risk assessment information 
relating to waterside security generated by the Coast Guard 
and Area Maritime Security Committees as part of the 
Maritime Security Risk Analysis Model; 
(B) a review and analysis of appropriate roles and 
responsibilities of maritime stakeholders, including Fed-
eral, State, and local law enforcement and industry security 
personnel, responsible for waterside security of vessels car-
rying, and waterfront facilities handling, especially haz-
ardous cargo, including— 
(i) the number of ports in which State and local 
law enforcement entities are providing any services 
to enforce Coast Guard-imposed security zones around 
vessels transiting to, through, or from United States 
ports or to conduct security patrols in United States 
ports; 
(ii) the number of formal agreements entered into 
between the Coast Guard and State and local law 
enforcement entities to engage State and local law 
enforcement entities in the enforcement of Coast 
Guard-imposed 
security 
zones 
around 
vessels 
transiting to, through, or from United States ports 
or the conduct of port security patrols in United States 
ports, the duration of those agreements, and the aid 
that State and local entities are engaged to provide 
through such agreements; 
(iii) the extent to which the Coast Guard has set 
national standards for training, equipment, and 
resources to ensure that State and local law enforce-
ment entities engaged in enforcing Coast Guard- 
imposed security zones around vessels transiting to, 
through, or from United States ports or in conducting 
port security patrols in United States ports (or both) 
can deter to the maximum extent practicable a 
transportation security incident; 
(iv) the extent to which the Coast Guard has 
assessed the ability of State and local law enforcement 
entities to carry out the security assignments that 
they have been engaged to perform, including their 
ability to meet any national standards for training, 
equipment, and resources that have been established 
by the Coast Guard in order to ensure that those 
entities can deter to the maximum extent practicable 
a transportation security incident; 
(v) the extent to which State and local law enforce-
ment entities are able to meet national standards for 
training, equipment, and resources established by the 
Coast Guard to ensure that those entities can deter 
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124 STAT. 2997 
PUBLIC LAW 111–281—OCT. 15, 2010 
to the maximum extent practicable a transportation 
security incident; 
(vi) the differences in law enforcement authority, 
and particularly boarding authority, between the Coast 
Guard and State and local law enforcement entities, 
and the impact that these differences have on the 
ability of State and local law enforcement entities to 
provide the same level of security that the Coast Guard 
provides during the enforcement of Coast Guard- 
imposed security zones and the conduct of security 
patrols in United States ports; and 
(vii) the extent of resource, training, and equip-
ment differences between State and local law enforce-
ment entities and the Coast Guard units engaged in 
enforcing Coast Guard-imposed security zones around 
vessels transiting to, through, or from United States 
ports or conducting security patrols in United States 
ports; 
(C) recommendations for risk-based security measures 
to improve waterside security of vessels carrying, and 
waterfront facilities handling, especially hazardous cargo; 
and 
(D) identification of security funding alternatives, 
including an analysis of the potential for cost-sharing by 
the public and private sectors as well as any challenges 
associated with such cost-sharing. 
(3) 
INFORMATION
PROTECTION.—In 
carrying 
out 
the 
coordination necessary to effectively complete the study, the 
Commandant shall implement measures to ensure the protec-
tion of any sensitive security information, proprietary informa-
tion, or classified information collected, reviewed, or shared 
during collaborative engagement with maritime stakeholders 
and other Government entities, except that nothing in this 
paragraph shall constitute authority to withhold information 
from— 
(A) the Congress; or 
(B) first responders requiring such information for the 
protection of life or property. 
(4) REPORT.—Not later than 12 months after the date of 
enactment of this Act, the Secretary of the Department in 
which the Coast Guard is operating shall submit to the Commit-
tees on Homeland Security and Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report 
on the results of the study under this subsection. 
(b) NATIONAL
STRATEGY.—Not later than 6 months after 
submission of the report required by subsection (a), the Secretary 
of the department in which the Coast Guard is operating shall 
develop, in conjunction with appropriate Federal agencies, a 
national strategy for the waterside security of vessels carrying, 
and waterfront facilities handling, especially hazardous cargo. The 
strategy shall utilize the results of the study required by subsection 
(a). 
(c) SECURITY
OF
ESPECIALLY
HAZARDOUS
CARGO.—Section 
70103 of title 46, United States Code, is amended by adding at 
the end the following: 
‘‘(e) ESPECIALLY HAZARDOUS CARGO.— 
Deadline. 
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124 STAT. 2998 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(1) ENFORCEMENT OF SECURITY ZONES.—Consistent with 
other provisions of Federal law, the Coast Guard shall coordi-
nate and be responsible for the enforcement of any Federal 
security zone established by the Coast Guard around a vessel 
containing especially hazardous cargo. The Coast Guard shall 
allocate available resources so as to deter and respond to a 
transportation security incident, to the maximum extent prac-
ticable, and to protect lives or protect property in danger. 
‘‘(2) RESOURCE DEFICIENCY REPORTING.— 
‘‘(A) IN GENERAL.—When the Secretary submits the 
annual budget request for a fiscal year for the department 
in which the Coast Guard is operating to the Office of 
Management and Budget, the Secretary shall provide to 
the Committees on Homeland Security and Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report that includes— 
‘‘(i) for the last full fiscal year preceding the report, 
a statement of the number of security zones established 
for especially hazardous cargo shipments; 
‘‘(ii) for the last full fiscal year preceding the 
report, a statement of the number of especially haz-
ardous cargo shipments provided a waterborne security 
escort, subdivided by Federal, State, local, or private 
security; and 
‘‘(iii) an assessment as to any additional vessels, 
personnel, infrastructure, and other resources nec-
essary to provide waterborne escorts to those especially 
hazardous cargo shipments for which a security zone 
is established. 
‘‘(B) ESPECIALLY HAZARDOUS CARGO DEFINED.—In this 
subsection, the term ‘especially hazardous cargo’ means 
anhydrous ammonia, ammonium nitrate, chlorine, liquefied 
natural gas, liquiefied petroleum gas, and any other sub-
stance, material, or group or class of material, in a par-
ticular amount and form that the Secretary determines 
by regulation poses a significant risk of creating a transpor-
tation security incident while being transported in mari-
time commerce.’’. 
(d) DEFINITIONS.—For the purposes of this section, the follow 
definitions apply: 
(1) ESPECIALLY HAZARDOUS CARGO.—The term ‘‘especially 
hazardous cargo’’ means anhydrous ammonia, ammonium 
nitrate, chlorine, liquefied natural gas, liquiefied petroleum 
gas, and any other substance, material, or group or class of 
material, in a particular amount and form that the Secretary 
determines by regulation poses a significant risk of creating 
a transportation security incident while being transported in 
maritime commerce. 
(2) AREA MARITIME SECURITY COMMITTEE.—The term ‘‘Area 
Maritime Security Committee’’ means each of those committees 
responsible for producing Area Maritime Transportation Secu-
rity Plans under chapter 701 of title 46, United States Code. 
(3) 
TRANSPORTATION
SECURITY
INCIDENT.—The 
term 
‘‘transportation security incident’’ has the same meaning as 
that term has in section 70101 of title 46, United States Code. 
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124 STAT. 2999 
PUBLIC LAW 111–281—OCT. 15, 2010 
SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES. 
Consistent with other provisions of law, the Secretary of the 
department in which the Coast Guard is operating shall make 
a recommendation, after considering recommendations made by 
the States, to the Federal Energy Regulatory Commission as to 
whether the waterway to a proposed waterside liquefied natural 
gas facility is suitable or unsuitable for the marine traffic associated 
with such facility. 
SEC. 814. USE OF SECONDARY AUTHENTICATION FOR TRANSPOR-
TATION SECURITY CARDS. 
Section 70105 of title 46, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(n) The Secretary may use a secondary authentication system 
to verify the identification of individuals using transportation secu-
rity cards when the individual’s fingerprints are not able to be 
taken or read.’’. 
SEC. 
815. 
ASSESSMENT 
OF 
TRANSPORTATION 
SECURITY 
CARD 
ENROLLMENT SITES. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of the department in 
which the Coast Guard is operating shall prepare an assessment 
of the enrollment sites for transportation security cards issued 
under section 70105 of title 46, United States Code, including— 
(1) the feasibility of keeping those enrollment sites open 
after the date of enactment of this Act; and 
(2) the quality of customer service, including the periods 
of time individuals are kept on hold on the telephone, whether 
appointments are kept, and processing times for applications. 
(b) TIMELINES AND BENCHMARKS.—The Secretary shall develop 
timelines and benchmarks for implementing the findings of the 
assessment as the Secretary deems necessary. 
SEC. 816. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO MITIGATE 
THE THREAT OF SMALL BOAT ATTACK IN MAJOR PORTS. 
The Secretary of the department in which the Coast Guard 
is operating shall assess and report to Congress on the feasibility 
of efforts to mitigate the threat of small boat attack in security 
zones of major ports, including specifically the use of transponders, 
radio frequency identification devices, and high-frequency surface 
radar systems to track small boats. 
SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY 
BACKGROUND CHECKS. 
Not later than 1 year after the date of enactment of this 
Act, the Comptroller General shall submit to the Committee on 
Homeland Security of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
a report that contains— 
(1) a review of background checks and forms of identifica-
tion required under State and local transportation security 
programs; 
(2) a determination as to whether the background checks 
and forms of identification required under such programs dupli-
cate or conflict with Federal programs; and 
Reports. 
Deadline. 
46 USC 70105 
note. 
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124 STAT. 3000 
PUBLIC LAW 111–281—OCT. 15, 2010 
(3) recommendations on limiting the number of background 
checks and forms of identification required under such pro-
grams to reduce or eliminate duplication with Federal pro-
grams. 
SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS PENDING 
ISSUANCE; DEADLINES FOR PROCESSING; RECEIPT. 
(a) ACCESS; DEADLINES.—Section 70105 of title 46, United 
States Code, is further amended by adding at the end the following 
new subsections: 
‘‘(o) ESCORTING.—The Secretary shall coordinate with owners 
and operators subject to this section to allow any individual who 
has a pending application for a transportation security card under 
this section or is waiting for reissuance of such card, including 
any individual whose card has been lost or stolen, and who needs 
to perform work in a secure or restricted area to have access 
to such area for that purpose through escorting of such individual 
in accordance with subsection (a)(1)(B) by another individual who 
holds a transportation security card. Nothing in this subsection 
shall be construed as requiring or compelling an owner or operator 
to provide escorted access. 
‘‘(p) PROCESSING TIME.—The Secretary shall review an initial 
transportation security card application and respond to the 
applicant, as appropriate, including the mailing of an Initial Deter-
mination of Threat Assessment letter, within 30 days after receipt 
of the initial application. The Secretary shall, to the greatest extent 
practicable, review appeal and waiver requests submitted by a 
transportation security card applicant, and send a written decision 
or request for additional information required for the appeal or 
waiver determination, within 30 days after receipt of the applicant’s 
appeal or waiver written request. For an applicant that is required 
to submit additional information for an appeal or waiver determina-
tion, the Secretary shall send a written decision, to the greatest 
extent practicable, within 30 days after receipt of all requested 
information.’’. 
(b) RECEIPT OF CARDS.— 
(1) REPORT BY COMPTROLLER GENERAL.—Within 180 days 
after the date of enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on Home-
land Security of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
a report assessing the costs, technical feasibility, and security 
measures associated with implementing procedures to deliver 
a transportation security card to an approved applicant’s place 
of residence in a secure manner or to allow an approved 
applicant to receive the card at an enrollment center of the 
individual’s choosing. 
(2) PROCESS FOR ALTERNATIVE MEANS OF RECEIPT.—If the 
Comptroller General finds in the final report under paragraph 
(1) that it is feasible for a transportation security card to 
be sent to an approved applicant’s place of residence in a 
secure manner, the Secretary shall, within 1 year after the 
date of issuance of the final report by the Comptroller General, 
implement a secure process to permit an individual approved 
for a transportation security card to receive the card at the 
applicant’s place of residence or at the enrollment center of 
the individual’s choosing. The individual shall be responsible 
46 USC 70105 
note. 
Review. 
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124 STAT. 3001 
PUBLIC LAW 111–281—OCT. 15, 2010 
for any additional cost associated with the secure delivery of 
a transportation security card. 
SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS. 
Section 70105(b) of title 46, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(6) The Secretary may extend for up to one year the expiration 
of a biometric transportation security card required by this section 
to align the expiration with the expiration of a license, certificate 
of registry, or merchant mariner document required under chapter 
71 or 73.’’. 
SEC. 820. CLARIFICATION OF RULEMAKING AUTHORITY. 
(a) IN GENERAL.—Chapter 701 of title 46, United States Code, 
is further amended by adding at the end the following: 
‘‘SEC. 70124. REGULATIONS. 
‘‘Unless otherwise provided, the Secretary may issue regula-
tions necessary to implement this chapter.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for chapter 
701 of such title is further amended by adding at the end the 
following new item: 
‘‘70124. Regulations.’’. 
SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION. 
(a) PORT SECURITY TRAINING PROGRAM.—Chapter 701 of title 
46, United States Code, is further amended by adding at the end 
the following: 
‘‘§ 70125. Port security training for facility security officers 
‘‘(a) FACILITY SECURITY OFFICERS.—The Secretary shall estab-
lish comprehensive facility security officer training requirements 
designed to provide full security training that would lead to certifi-
cation of such officers. In establishing the requirements, the Sec-
retary shall— 
‘‘(1) work with affected industry stakeholders; and 
‘‘(2) evaluate— 
‘‘(A) the requirements of subsection (b); 
‘‘(B) existing security training programs employed at 
marine terminal facilities; and 
‘‘(C) existing port security training programs developed 
by the Federal Government. 
‘‘(b) REQUIREMENTS.—The training program shall provide vali-
dated training that— 
‘‘(1) provides training at the awareness, performance, 
management, and planning levels; 
‘‘(2) utilizes multiple training mediums and methods; 
‘‘(3) establishes a validated provisional on-line certification 
methodology; 
‘‘(4) provide for continuing education and training for 
facility security officers beyond certification requirements, 
including a program to educate on the dangers and issues 
associated with the shipment of hazardous and especially haz-
ardous cargo; 
‘‘(5) addresses port security topics, including— 
‘‘(A) facility security plans and procedures, including 
how to develop security plans and security procedure 
requirements when threat levels are elevated; 
46 USC 70101. 
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124 STAT. 3002 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(B) facility security force operations and management; 
‘‘(C) physical security and access control at facilities; 
‘‘(D) methods of security for preventing and countering 
cargo theft; 
‘‘(E) container security; 
‘‘(F) recognition and detection of weapons, dangerous 
substances, and devices; 
‘‘(G) operation and maintenance of security equipment 
and systems; 
‘‘(H) security threats and patterns; 
‘‘(I) security incident procedures, including procedures 
for communicating with governmental and nongovern-
mental emergency response providers; and 
‘‘(J) evacuation procedures; 
‘‘(6) is consistent with, and supports implementation of, 
the National Incident Management System, the National 
Response Plan, the National Infrastructure Protection Plan, 
the National Preparedness Guidance, the National Prepared-
ness Goal, the National Maritime Transportation Security Plan, 
and other such national initiatives; 
‘‘(7) is evaluated against clear and consistent performance 
measures; 
‘‘(8) addresses security requirements under facility security 
plans; 
‘‘(9) addresses requirements under the International Code 
for the Security of Ships and Port Facilities to address shore 
leave for mariners and access to visitors, representatives of 
seafarers’ welfare organizations, and labor organizations; and 
‘‘(10) such other subject matters as may be prescribed by 
the Secretary. 
‘‘(c) CONTINUING
SECURITY
TRAINING.—The Secretary, in 
coordination with the Secretary of Transportation, shall work with 
State and local law enforcement agencies and industry stakeholders 
to develop and certify the following additional security training 
requirements for Federal, State, and local officials with security 
responsibilities at United States seaports: 
‘‘(1) A program to familiarize them with port and shipping 
operations, requirements of the Maritime Transportation Secu-
rity Act of 2002 (Public Law 107–295), and other port and 
cargo security programs that educates and trains them with 
respect to their roles and responsibilities. 
‘‘(2) A program to familiarize them with dangers and poten-
tial issues with respect to shipments of hazardous and espe-
cially hazardous cargoes. 
‘‘(3) A program of continuing education as deemed nec-
essary by the Secretary. 
‘‘(d) TRAINING PARTNERS.—In developing curriculum and deliv-
ering training established pursuant to subsections (a) and (c), the 
Secretary, in coordination with the Maritime Administrator of the 
Department of Transportation and consistent with section 109 of 
the Maritime Transportation Security Act of 2002 [46 U.S.C. 70101 
note], shall work with institutions with maritime expertise and 
with industry stakeholders with security expertise to develop appro-
priate training capacity to ensure that training can be provided 
in a geographically balanced manner to personnel seeking certifi-
cation under subsection (a) or education and training under sub-
section (c). 
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124 STAT. 3003 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(e) ESTABLISHED GRANT PROGRAM.—The Secretary shall issue 
regulations or grant solicitations for grants for homeland security 
or port security to ensure that activities surrounding the develop-
ment of curriculum and the provision of training and these activities 
are eligible grant activities under both grant programs.’’. 
(b) CONFORMING AMENDMENT.—Section 113 of the SAFE Port 
Act (6 U.S.C. 911) is repealed. 
(c) TABLE OF CONTENTS AMENDMENT.—The table of contents 
for chapter 701 of title 46, United States Code, is further amended 
by adding at the end the following: 
‘‘70125. Port security training for facility security officers.’’. 
SEC. 822. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH 
LOCAL PORT AUTHORITIES, STATE HARBOR DIVISIONS, 
AND LAW ENFORCEMENT AGENCIES. 
Section 70102 of title 46, United States Code, is amended 
by adding at the end thereof the following: 
‘‘(c) SHARING
OF ASSESSMENT INTEGRATION
OF PLANS
AND 
EQUIPMENT.—The owner or operator of a facility, consistent with 
any Federal security restrictions, shall— 
‘‘(1) make a current copy of the vulnerability assessment 
conducted under subsection (b) available to the port authority 
with jurisdiction of the facility and appropriate State or local 
law enforcement agencies; and 
‘‘(2) integrate, to the maximum extent practical, any secu-
rity system for the facility with compatible systems operated 
or maintained by the appropriate State, law enforcement agen-
cies, and the Coast Guard.’’. 
SEC. 823. TRANSPORTATION SECURITY CARDS. 
Section 70105 of title 46, United States Code, is further 
amended by adding at the end thereof the following: 
‘‘(q) RECEIPT AND ACTIVATION OF TRANSPORTATION SECURITY 
CARD.— 
‘‘(1) IN GENERAL.—Not later than one year after the date 
of publication of final regulations required by subsection (k)(3) 
of this section the Secretary shall develop a plan to permit 
the receipt and activation of transportation security cards at 
any vessel or facility described in subsection (a) of this section 
that desires to implement this capability. This plan shall 
comply, to the extent possible, with all appropriate require-
ments of Federal standards for personal identity verification 
and credential. 
‘‘(2) LIMITATION.—The Secretary may not require any such 
vessel or facility to provide on-site activation capability.’’. 
SEC. 
824. 
PRE-POSITIONING 
INTEROPERABLE 
COMMUNICATIONS 
EQUIPMENT AT INTERAGENCY OPERATIONAL CENTERS. 
Section 70107A of title 46, United States Code, is amended— 
(1) by redesignating subsections (e) and (f) as subsections 
(f) and (g), respectively; and 
(2) by inserting after subsection (d) the following: 
Deadline. 
Plans. 
Records. 
46 USC 70101. 
Repeal. 
Regulations. 
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124 STAT. 3004 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(e) DEPLOYMENT OF INTEROPERABLE COMMUNICATIONS EQUIP-
MENT AT INTERAGENCY OPERATIONAL CENTERS.—The Secretary, sub-
ject to the availability of appropriations, shall ensure that interoper-
able communications technology is deployed at all interagency oper-
ational centers established under subsection (a) and that such tech-
nology and equipment has been tested in live operational environ-
ments before deployment.’’. 
SEC. 
825. 
INTERNATIONAL 
PORT 
AND 
FACILITY 
INSPECTION 
COORDINATION. 
(a) COORDINATION.—The Secretary of the department in which 
the Coast Guard is operating shall, to the extent practicable, con-
duct the assessments required by the following provisions of law 
concurrently, or develop a process by which they are integrated 
and conducted by the Coast Guard: 
(1) Section 205 of the SAFE Port Act (6 U.S.C. 945). 
(2) Section 213 of that Act (6 U.S.C. 964). 
(3) Section 70108 of title 46, United States Code. 
(b) LIMITATION.—Nothing in subsection (a) shall be construed 
to affect or diminish the Secretary’s authority or discretion— 
(1) to conduct an assessment of a foreign port at any 
time; 
(2) to compel the Secretary to conduct an assessment of 
a foreign port so as to ensure that 2 or more assessments 
are conducted concurrently; or 
(3) to cancel an assessment of a foreign port if the Secretary 
is unable to conduct 2 or more assessments concurrently. 
(c) MULTIPLE ASSESSMENT REPORT.—The Secretary shall pro-
vide written notice to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committees on Transportation 
and Infrastructure and Homeland Security of the House of Rep-
resentatives whenever the Secretary conducts 2 or more assess-
ments of the same port within a 3-year period. 
SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT MITIGATION 
PLAN. 
Section 70103(b)(2) of title 46, United States Code, is 
amended— 
(1) by redesignating subparagraphs (E) through (G) as sub-
paragraphs (F) through (H), respectively; and 
(2) by inserting after subparagraph (D) the following: 
‘‘(E) establish area response and recovery protocols to pre-
pare for, respond to, mitigate against, and recover from a 
transportation security incident consistent with section 202 
of the SAFE Port Act of 2006 (6 U.S.C. 942) and subsection 
(a) of this section;’’. 
SEC. 827. RISK BASED RESOURCE ALLOCATION. 
(a) NATIONAL STANDARD.—Within 1 year after the date of enact-
ment of this Act, in carrying out chapter 701 of title 46, United 
States Code, the Secretary of the department in which the Coast 
Guard is operating shall develop and utilize a national standard 
and formula for prioritizing and addressing assessed security risks 
at United State ports and facilities on or adjacent to the waterways 
of the United States, such as the Maritime Security Risk Assess-
ment Model that has been tested by the Department of Homeland 
Security. 
46 USC 70101 
note. 
Deadlines. 
Notification. 
6 USC 945 note. 
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124 STAT. 3005 
PUBLIC LAW 111–281—OCT. 15, 2010 
(b) USE BY MARITIME SECURITY COMMITTEES.—Within 2 years 
after the date of enactment of this Act, the Secretary shall require 
each Area Maritime Security Committee to use this standard to 
regularly evaluate each port’s assessed risk and prioritize how 
to mitigate the most significant risks. 
(c) OTHER USES
OF STANDARD.—The Secretary shall utilize 
the standard when considering departmental resource allocations 
and grant making decisions. 
(d) USE OF MARITIME RISK ASSESSMENT MODEL.—Within 180 
days after the date of enactment of this Act, the Secretary of 
the department in which the Coast Guard is operating shall make 
the United States Coast Guard’s Maritime Security Risk Assess-
ment Model available, in an unclassified version, on a limited 
basis to regulated vessels and facilities to conduct true risk assess-
ments of their own facilities and vessels using the same criteria 
employed by the Coast Guard when evaluating a port area, facility, 
or vessel. 
SEC. 828. PORT SECURITY ZONES. 
(a) IN GENERAL.—Section 701 of title 46, United States Code, 
is amended by adding at the end the following: 
‘‘SUBCHAPTER II—PORT SECURITY ZONES 
‘‘§ 70131. Definitions 
‘‘In this subchapter: 
‘‘(1) LAW ENFORCEMENT AGENCY.—The term ‘law enforce-
ment agency’ means an agency of a State, a political subdivision 
of a State, or a Federally recognized tribe that is authorized 
by law to supervise the prevention, detection, investigation, 
or prosecution of any violation of criminal law. 
‘‘(2) SECURITY ZONE.—The term ‘security zone’ means a 
security zone, established by the Commandant of the Coast 
Guard or the Commandant’s designee pursuant to section 1 
of title II of the Act of June 15, 1917 (50 U.S.C. 191) or 
section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 
1226(b)), for a vessel carrying especially hazardous cargo when 
such vessel— 
‘‘(A) enters, or operates within, the internal waters 
of the United States and the territorial sea of the United 
States; or 
‘‘(B) transfers such cargo or residue in any port or 
place, under the jurisdiction of the United States, within 
the territorial sea of the United States or the internal 
waters of the United States. 
‘‘§ 70132. Credentialing standards, training, and certification 
for State and local support for the enforcement 
of security zones for the transportation of espe-
cially hazardous cargo 
‘‘(a) STANDARD.—The Commandant of the Coast Guard shall 
establish, by regulation, national standards for training and 
credentialing of law enforcement personnel— 
‘‘(1) to enforce a security zone; or 
‘‘(2) to assist in the enforcement of a security zone. 
‘‘(b) TRAINING.— 
‘‘(1) The Commandant of the Coast Guard— 
Regulations. 
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124 STAT. 3006 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(A) shall develop and publish a training curriculum 
for— 
‘‘(i) law enforcement personnel to enforce a security 
zone; 
‘‘(ii) law enforcement personnel to enforce or assist 
in the enforcement of a security zone; and 
‘‘(iii) personnel who are employed or retained by 
a facility or vessel owner to assist in the enforcement 
of a security zone; and 
‘‘(B) may— 
‘‘(i) test and deliver such training, the curriculum 
for which is developed pursuant to subparagraph (A); 
‘‘(ii) enter into an agreement under which a public 
entity (including a Federal agency) or private entity 
may test and deliver such training, the curriculum 
for which has been developed pursuant to subpara-
graph (A); and 
‘‘(iii) may accept a program, conducted by a public 
entity (including a Federal agency) or private entity, 
through which such training is delivered the cur-
riculum for which is developed pursuant to subpara-
graph (A). 
‘‘(2) Any Federal agency that provides such training, and 
any public or private entity that receives moneys, pursuant 
to section 70107(b)(8) of this title, to provide such training, 
shall provide such training— 
‘‘(A) to law enforcement personnel who enforce or assist 
in the enforcement of a security zone; and 
‘‘(B) on an availability basis to— 
‘‘(i) law enforcement personnel who assist in the 
enforcement of a security zone; and 
‘‘(ii) personnel who are employed or retained by 
a facility or vessel owner or operator to assist in the 
enforcement of a security zone. 
‘‘(3) If a Federal agency provides the training, the head 
of such agency may, notwithstanding any other provision of 
law, accept payment from any source for such training, and 
any amount received as payment shall be credited to the appro-
priation, current at the time of collection, charged with the 
cost thereof and shall be merged with, and available for, the 
same purposes of such appropriation. 
‘‘(4) Notwithstanding any other provision of law, any 
moneys, awarded by the Department of Homeland Security 
in the form of awards or grants, may be used by the recipient 
to pay for training of personnel to assist in the enforcement 
of security zones and limited access areas. 
‘‘(c) CERTIFICATION; TRAINING PARTNERS.—In developing and 
delivering training under the training program, the Secretary, in 
coordination with the Maritime Administrator of the Department 
of Transportation, and consistent with section 109 of the Maritime 
Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall— 
‘‘(1) work with government training facilities, academic 
institutions, private organizations, employee organizations, and 
other entities that provide specialized, state-of-the-art training 
for governmental and nongovernmental emergency responder 
providers or commercial seaport personnel and management; 
Publication. 
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124 STAT. 3007 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(2) utilize, as appropriate, government training facilities, 
courses provided by community colleges, public safety acad-
emies, State and private universities, and other facilities; and 
‘‘(3) certify organizations that offer the curriculum for 
training and certification.’’. 
(b) GRANTS; ADMINISTRATION.—Section 70107 of title 46, United 
States Code, is amended— 
(1) by striking ‘‘services.’’ in subsection (a) and inserting 
‘‘services and to train law enforcement personnel under section 
70132 of this title.’’; 
(2) by adding at the end of subsection (b) the following: 
‘‘(8) The cost of training law enforcement personnel— 
‘‘(A) to enforce a security zone under section 70132 
of this title; or 
‘‘(B) assist in the enforcement of a security zone.’’; 
(3) by adding at the end of subsection (c)(2) the following: 
‘‘(C) TRAINING.—There are no matching requirements 
for grants under subsection (a) to train law enforcement 
agency personnel in the enforcement of security zones 
under section 70132 of this title or in assisting in the 
enforcement of such security zones.’’; and 
(4) by striking ‘‘2011’’ in subsection (l) and inserting ‘‘2013’’. 
(c) CONFORMING AMENDMENTS.— 
(1) SUBCHAPTER I DESIGNATION.—Chapter 701 of title 46, 
United States Code, is amended by inserting before section 
70101 the following: 
‘‘SUBCHAPTER I—GENERAL’’. 
(2) TABLE OF CONTENTS AMENDMENTS.—The table of con-
tents for chapter 701 of title 46, United States Code, is 
amended— 
(3) by inserting before the item relating to section 70101 
the following: 
‘‘Subchapter I—General’’; 
and 
(4) by adding at the end the following: 
‘‘SUBCHAPTER II—PORT SECURITY ZONES 
‘‘70131. Definitions. 
‘‘70132. Credentialing standards, training, and certification for State and local sup-
port for the enforcement of security zones for the transportation of espe-
cially hazardous cargo.’’. 
TITLE IX—MISCELLANEOUS 
PROVISIONS 
SEC. 901. WAIVERS. 
(a) GENERAL COASTWISE WAIVER.—Notwithstanding section 
12112 and chapter 551 of title 46, United States Code, the Secretary 
of the department in which the Coast Guard is operating may 
issue a certificate of documentation with a coastwise endorsement 
for the following vessels: 
(1) ZIPPER (State of New York regulation number 
NY3205EB). 
46 USC 70101. 
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124 STAT. 3008 
PUBLIC LAW 111–281—OCT. 15, 2010 
(2) GULF DIVER IV (United States official number 
553457). 
(b) GALLANT LADY.—Section 1120(c) of the Coast Guard 
Authorization Act of 1996 (110 Stat. 3977) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘of Transportation’’ and inserting ‘‘of 
the department in which the Coast Guard is operating’’; 
and 
(B) by striking subparagraph (A) and inserting the 
following: 
‘‘(A) the vessel GALLANT LADY (Feadship hull 
number 672, approximately 168 feet in length).’’; 
(2) by amending paragraph (3) to read as follows: 
‘‘(3) CONDITION.—The only nonrecreational activity author-
ized for the vessel referred to in subparagraph (A) of paragraph 
(1) is the transportation of individuals on behalf of an organiza-
tion described in section 501(c)(3) of the Internal Revenue Code 
of 1986 and exempt from tax under section 501(a) of such 
Code, for which the owner of the vessel receives no compensa-
tion.’’; 
(3) by striking paragraph (4) and redesignating paragraph 
(5) as paragraph (4); and 
(4) in paragraph (4) (as so redesignated) by striking all 
after ‘‘shall expire’’ and inserting ‘‘on the date of the sale 
of the vessel by the owner.’’. 
(c) ACTIVITY OF CERTAIN VESSELS.— 
(1) IN GENERAL.—Section 12102 of title 46, United States 
Code, is amended by adding at the end the following: 
‘‘(d) AQUACULTURE WAIVER.— 
‘‘(1) PERMITTING OF NONQUALIFIED VESSELS TO PERFORM 
CERTAIN AQUACULTURE SUPPORT OPERATIONS.—Notwithstanding 
section 12113 and any other law, the Secretary of Transpor-
tation may issue a waiver allowing a documented vessel with 
a registry endorsement or a foreign flag vessel to be used 
in operations that treat aquaculture fish for or protect aqua-
culture fish from disease, parasitic infestation, or other threats 
to their health if the Secretary finds, after publishing a notice 
in the Federal Register, that a suitable vessel of the United 
States is not available that could perform those services. 
‘‘(2) PROHIBITION.—Vessels operating under a waiver issued 
under this subsection may not engage in any coastwise 
transportation.’’. 
(2) IMPLEMENTING AND INTERIM REGULATIONS.—The Sec-
retary of the department in which the Coast Guard is operating 
shall, in accordance with section 553 of title 5, United States 
Code, and after public notice and comment, promulgate regula-
tions necessary and appropriate to implement this subsection. 
The Secretary may grant interim permits pending the issuance 
of such regulations upon receipt of applications containing the 
required information. 
SEC. 902. CREW WAGES ON PASSENGER VESSELS. 
(a) FOREIGN AND INTERCOASTAL VOYAGES.— 
(1) CAP ON PENALTY WAGES.—Section 10313(g) of title 46, 
United States Code, is amended— 
(A) by striking ‘‘When’’ and inserting ‘‘(1) Subject to 
paragraph (2), when’’; and 
Notice. 
Public comments. 
46 USC 12102 
note. 
Federal Register, 
publication. 
Notice. 
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124 STAT. 3009 
PUBLIC LAW 111–281—OCT. 15, 2010 
(B) by adding at the end the following: 
‘‘(2) The total amount required to be paid under paragraph 
(1) with respect to all claims in a class action suit by seamen 
on a passenger vessel capable of carrying more than 500 passengers 
for wages under this section against a vessel master, owner, or 
operator or the employer of the seamen shall not exceed ten times 
the unpaid wages that are the subject of the claims. 
‘‘(3) A class action suit for wages under this subsection must 
be commenced within three years after the later of— 
‘‘(A) the date of the end of the last voyage for which 
the wages are claimed; or 
‘‘(B) the receipt, by a seaman who is a claimant in the 
suit, of a payment of wages that are the subject of the suit 
that is made in the ordinary course of employment.’’. 
(2) DEPOSITS.—Section 10315 of such title is amended by 
adding at the end the following: 
‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written request signed 
by the seaman, a seaman employed on a passenger vessel capable 
of carrying more than 500 passengers may authorize the master, 
owner, or operator of the vessel, or the employer of the seaman, 
to make deposits of wages of the seaman into a checking, savings, 
investment, or retirement account, or other account to secure a 
payroll or debit card for the seaman if— 
‘‘(1) the wages designated by the seaman for such deposit 
are deposited in a United States or international financial 
institution designated by the seaman; 
‘‘(2) such deposits in the financial institution are fully 
guaranteed under commonly accepted international standards 
by the government of the country in which the financial institu-
tion is licensed; 
‘‘(3) a written wage statement or pay stub, including an 
accounting of any direct deposit, is delivered to the seaman 
no less often than monthly; and 
‘‘(4) while on board the vessel on which the seaman is 
employed, the seaman is able to arrange for withdrawal of 
all funds on deposit in the account in which the wages are 
deposited.’’. 
(b) COASTWISE VOYAGES.— 
(1) CAP ON PENALTY WAGES.—Section 10504(c) of such title 
is amended— 
(A) by striking ‘‘When’’ and inserting ‘‘(1) Subject to 
subsection (d), and except as provided in paragraph (2), 
when’’; and 
(B) by inserting at the end the following: 
‘‘(2) The total amount required to be paid under paragraph 
(1) with respect to all claims in a class action suit by seamen 
on a passenger vessel capable of carrying more than 500 passengers 
for wages under this section against a vessel master, owner, or 
operator or the employer of the seamen shall not exceed ten times 
the unpaid wages that are the subject of the claims. 
‘‘(3) A class action suit for wages under this subsection must 
be commenced within three years after the later of— 
‘‘(A) the date of the end of the last voyage for which 
the wages are claimed; or 
‘‘(B) the receipt, by a seaman who is a claimant in the 
suit, of a payment of wages that are the subject of the suit 
that is made in the ordinary course of employment.’’. 
Deadline. 
Deadline. 
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124 STAT. 3010 
PUBLIC LAW 111–281—OCT. 15, 2010 
(2) DEPOSITS.—Section 10504 of such title is amended by 
adding at the end the following: 
‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written request signed 
by the seaman, a seaman employed on a passenger vessel capable 
of carrying more than 500 passengers may authorize, the master, 
owner, or operator of the vessel, or the employer of the seaman, 
to make deposits of wages of the seaman into a checking, savings, 
investment, or retirement account, or other account to secure a 
payroll or debit card for the seaman if— 
‘‘(1) the wages designated by the seaman for such deposit 
are deposited in a United States or international financial 
institution designated by the seaman; 
‘‘(2) such deposits in the financial institution are fully 
guaranteed under commonly accepted international standards 
by the government of the country in which the financial institu-
tion is licensed; 
‘‘(3) a written wage statement or pay stub, including an 
accounting of any direct deposit, is delivered to the seaman 
no less often than monthly; and 
‘‘(4) while on board the vessel on which the seaman is 
employed, the seaman is able to arrange for withdrawal of 
all funds on deposit in the account in which the wages are 
deposited.’’. 
SEC. 903. TECHNICAL CORRECTIONS. 
(a) COAST GUARD
AND MARITIME TRANSPORTATION ACT
OF 
2006.—Effective with enactment of the Coast Guard and Maritime 
Transportation Act of 2006 (Public Law 109–241), such Act is 
amended— 
(1) in section 311(b) (120 Stat. 530) by inserting ‘‘para-
graphs (1) and (2) of’’ before ‘‘section 8104(o)’’; 
(2) in section 603(a)(2) (120 Stat. 554) by striking ‘‘33 
U.S.C. 2794(a)(2)’’ and inserting ‘‘33 U.S.C. 2704(a)(2)’’; 
(3) in section 901(r)(2) (120 Stat. 566) by striking ‘‘the’’ 
the second place it appears; 
(4) in section 902(c) (120 Stat. 566) by inserting ‘‘of the 
United States’’ after ‘‘Revised Statutes’’; 
(5) in section 902(e) (120 Stat. 567) is amended— 
(A) by inserting ‘‘and’’ after the semicolon at the end 
of paragraph (1); 
(B) by striking ‘‘and’’ at the end of paragraph (2)(A); 
and 
(C) by redesignating paragraphs (3) and (4) as subpara-
graphs (C) and (D) of paragraph (2), respectively, and 
aligning the left margin of such subparagraphs with the 
left margin of subparagraph (A) of paragraph (2); 
(6) in section 902(e)(2)(C) (as so redesignated) by striking 
‘‘this section’’ and inserting ‘‘this paragraph’’; 
(7) in section 902(e)(2)(D) (as so redesignated) by striking 
‘‘this section’’ and inserting ‘‘this paragraph’’; 
(8) in section 902(h)(1) (120 Stat. 567)— 
(A) by striking ‘‘Bisti/De-Na-Zin’’ and all that follows 
through ‘‘Protection’’ and inserting ‘‘Omnibus Parks and 
Public Lands Management’’; and 
(B) by inserting a period after ‘‘Commandant of the 
Coast Guard’’; and 
(9) in section 902(k) (120 Stat. 568) is amended— 
33 USC 494. 
16 USC 460kkk. 
46 USC 6308. 
46 USC 6308. 
46 USC 2109. 
41 USC 11. 
41 USC 11. 
16 USC 777m. 
33 USC 2704. 
46 USC 8104. 
16 USC 460kkk 
note. 
Effective date. 
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124 STAT. 3011 
PUBLIC LAW 111–281—OCT. 15, 2010 
(A) by inserting ‘‘the Act of March 23, 1906, commonly 
known as’’ before ‘‘the General Bridge’’; 
(B) by striking ‘‘491)’’ and inserting ‘‘494),’’; and 
(C) by inserting ‘‘each place it appears’’ before ‘‘and 
inserting’’. 
(b) TITLE 14.— 
(1) The analysis for chapter 7 of title 14, United States 
Code, is amended by adding a period at the end of the item 
relating to section 149. 
(2) The analysis for chapter 17 of title 14, United States 
Code, is amended by adding a period at the end of the item 
relating to section 677. 
(3) The analysis for chapter 9 of title 14, United States 
Code, is amended by adding a period at the end of the item 
relating to section 198. 
(4) Section 182 of title 14, United States Code, is amended 
by striking the third sentence. 
(c) TITLE 46.— 
(1) The analysis for chapter 81 of title 46, United States 
Code, is amended by adding a period at the end of the item 
relating to section 8106. 
(2) Section 70105(c)(3)(C) of such title is amended by 
striking ‘‘National Intelligence Director’’ and inserting ‘‘Director 
of National Intelligence’’. 
(d) DEEPWATER PORT ACT OF 1974.—Section 5(c)(2) of the Deep-
water Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by aligning 
the left margin of subparagraph (K) with the left margin of subpara-
graph (L). 
(e) OIL POLLUTION ACT OF 1990.— 
(1) Section 1004(a)(2) of the Oil Pollution Act of 1990 (33 
U.S.C. 2704(a)(2)) is amended by striking the first comma fol-
lowing ‘‘$800,000’’. 
(2) The table of sections in section 2 of such Act is amended 
by inserting a period at the end of the item relating to section 
7002. 
(f) COAST GUARD AUTHORIZATION ACT OF 1996.—The table of 
sections in section 2 of the Coast Guard Authorization Act of 1996 
is amended in the item relating to section 103 by striking ‘‘reports’’ 
and inserting ‘‘report’’. 
SEC. 904. MANNING REQUIREMENT. 
Section 421 of the Coast Guard and Maritime Transportation 
Act of 2006 (Public Law 109–241; 120 Stat. 547) is amended— 
(1) in subsection (a), by striking ‘‘in the 48-month period 
beginning on the date of enactment of this Act if,’’ and inserting 
‘‘until the date of expiration of this section if,’’; 
(2) in subsection (b), by striking ‘‘Subsection (a)(1)’’ and 
inserting ‘‘Subsection (a)’’; 
(3) in subsection (d), by striking ‘‘48 months after the 
date of enactment of this Act.’’ and inserting ‘‘on December 
31, 2012.’’; and 
(4) by redesignating subsection (e) as subsection (f) and 
inserting after subsection (d) the following: 
‘‘(e) SAFETY INSPECTIONS.—A vessel may not engage a foreign 
citizen to meet a manning requirement under this section unless 
it has an annual safety examination by an individual authorized 
to enforce part B of subtitle II of title 46, United States Code.’’. 
Deadline. 
14 USC 8101. 
14 USC 181. 
14 USC 631. 
14 USC 141. 
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124 STAT. 3012 
PUBLIC LAW 111–281—OCT. 15, 2010 
SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 
The Commandant of the Coast Guard shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a comprehensive study on the proposed 
construction or alteration of any bridge, drawbridge, or causeway 
over navigable waters with a channel depth of 25 feet or greater 
of the United States that may impede or obstruct future navigation 
to or from port facilities. 
SEC. 906. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN 
SEAMEN. 
Section 11108(b)(2)(B) of title 46, United States Code, is 
amended to read as follows: 
‘‘(B) who performs regularly assigned duties while 
engaged as a master, officer, or crewman on a vessel oper-
ating on navigable waters in 2 or more States.’’. 
SEC. 907. LAND CONVEYANCE, COAST GUARD PROPERTY IN MAR-
QUETTE COUNTY, MICHIGAN, TO THE CITY OF MAR-
QUETTE, MICHIGAN. 
(a) CONVEYANCE AUTHORIZED.— 
(1) IN GENERAL.—The Commandant of the Coast Guard 
may convey as surplus property, under section 550 of title 
40, United States Code, and other relevant Federal Laws gov-
erning the disposal of Federal surplus property, to the City 
of Marquette, Michigan (in this section referred to as the 
‘‘City’’), all right, title, and interest of the United States in 
and to a parcel of real property, together with any improve-
ments thereon, located in Marquette County, Michigan, that 
is under the administrative control of the Coast Guard, con-
sisting of approximately 5.5 acres of real property, as depicted 
on the Van Neste survey (#204072), dated September 7, 2006, 
together with the land between the intermediate traverse line 
as shown on such survey and the ordinary high water mark, 
the total comprising 9 acres, more or less, and commonly identi-
fied as Coast Guard Station Marquette and Lighthouse Point. 
(2) COSTS
OF
CONVEYANCE.—The responsibility for all 
reasonable and necessary costs, including real estate trans-
action and environmental documentation costs, associated with 
the transaction shall be determined by the Commandant of 
the Coast Guard and the City. 
(b) RETENTION OF CERTAIN EASEMENTS.—In conveying the prop-
erty under subsection (a), the Commandant of the Coast Guard 
may retain such easements over the property as the Commandant 
considers appropriate for access to aids to navigation. 
(c) LIMITATIONS.—The property to be conveyed under subsection 
(a) may not be conveyed under that subsection until— 
(1) the Coast Guard has relocated Coast Guard Station 
Marquette to a newly constructed station; 
(2) any environmental remediation required under Federal 
law with respect to the property has been completed; and 
(3) the Commandant of the Coast Guard determines that 
retention of the property by the United States is not required 
to carry out Coast Guard missions or functions. 
Determination. 
33 USC 494a. 
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124 STAT. 3013 
PUBLIC LAW 111–281—OCT. 15, 2010 
(d) CONDITIONS
OF TRANSFER.—All conditions placed within 
the deed of title of the property to be conveyed under subsection 
(a) shall be construed as covenants running with the land. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Commandant 
of the Coast Guard. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Commandant of 
the Coast Guard may require such additional terms and conditions 
in connection with the conveyance authorized by subsection (a) 
as the Commandant considers appropriate to protect the interests 
of the United States. 
SEC. 908. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE POR-
TIONS OF THE RIO GRANDE RIVER, TEXAS, INTER-
NATIONAL WATER BOUNDARY. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of the department in which the Coast Guard 
is operating shall prepare a mission requirement analysis for the 
navigable portions of the Rio Grande River, Texas, international 
water boundary. The analysis shall take into account the Coast 
Guard’s involvement on the Rio Grande River by assessing Coast 
Guard missions, assets, and personnel assigned along the Rio 
Grande River. The analysis shall also identify what would be needed 
for the Coast Guard to increase search and rescue operations, 
migrant interdiction operations, and drug interdiction operations. 
In carrying out this section, the Secretary shall work with all 
appropriate entities to facilitate the collection of information under 
this section as necessary and shall report the analysis to the Con-
gress. 
SEC. 909. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN, 
MICHIGAN. 
(a) CONVEYANCE
AUTHORIZED.—Notwithstanding any other 
provision of law, the Commandant of the Coast Guard is authorized 
to convey, at fair market value, all right, title, and interest of 
the United States in and to a parcel of real property, consisting 
of approximately 3 acres, more or less, that is under the administra-
tive control of the Coast Guard and located at 900 S. Western 
Avenue in Cheboygan, Michigan. 
(b) RIGHT
OF FIRST REFUSAL.—The Cornerstone Christian 
Academy, located in Cheboygan, MI, shall have the right of first 
refusal to purchase, at fair market value, all or a portion of the 
real property described in subsection (a). 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Commandant 
of the Coast Guard. 
(d) FAIR MARKET VALUE.—The fair market value of the property 
shall be— 
(1) determined by appraisal, in accordance with the Uni-
form Appraisal Standards for Federal Land Acquisitions and 
the Uniform Standards of Professional Appraisal Practice; and 
(2) subject to the approval of the Commandant. 
(e) COSTS OF CONVEYANCE.—The responsibility for all reason-
able and necessary costs, including real estate transaction and 
environmental documentation costs, associated with the transaction 
Determination. 
Reports. 
Deadline. 
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124 STAT. 3014 
PUBLIC LAW 111–281—OCT. 15, 2010 
shall be determined by the Commandant of the Coast Guard and 
the purchaser. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Commandant of 
the Coast Guard may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as is consid-
ered appropriate to protect the interests of the United States. 
SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF 
UNINSPECTED PASSENGER VESSELS ON LAKE TEXOMA IN 
TEXAS AND OKLAHOMA. 
(a) IN GENERAL.—Upon the request of the Governor of the 
State of Texas or the Governor of the State of Oklahoma, the 
Secretary of the department in which the Coast Guard is operating 
shall enter into an agreement with the Governor of the State 
whereby the State shall license operators of uninspected passenger 
vessels operating on Lake Texoma in Texas and Oklahoma in lieu 
of the Secretary issuing the license pursuant to section 8903 of 
title 46, United States Code, and the regulations issued thereunder, 
but only if the State plan for licensing the operators of uninspected 
passenger vessels— 
(1) meets the equivalent standards of safety and protection 
of the environment as those contained in subtitle II of title 
46, United States Code, and regulations issued thereunder; 
(2) includes— 
(A) standards for chemical testing for such operators; 
(B) physical standards for such operators; 
(C) professional service and training requirements for 
such operators; and 
(D) criminal history background check for such opera-
tors; 
(3) provides for the suspension and revocation of State 
licenses; 
(4) makes an individual, who is ineligible for a license 
issued under title 46, United States Code, ineligible for a State 
license; and 
(5) provides for a report that includes— 
(A) the number of applications that, for the preceding 
year, the State rejected due to failure to— 
(i) meet chemical testing standards; 
(ii) meet physical standards; 
(iii) meet professional service and training require-
ments; and 
(iv) pass criminal history background check for 
such operators; 
(B) the number of licenses that, for the preceding year, 
the State issued; 
(C) the number of license investigations that, for the 
preceding year, the State conducted; 
(D) the number of licenses that, for the preceding year, 
the State suspended or revoked, and the cause for such 
suspensions or revocations; and 
(E) the number of injuries, deaths, collisions, and loss 
or damage associated with uninspected passenger vessels 
operations that, for the preceding year, the State inves-
tigated. 
(b) ADMINISTRATION.— 
Contracts. 
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124 STAT. 3015 
PUBLIC LAW 111–281—OCT. 15, 2010 
(1) The Governor of the State may delegate the execution 
and enforcement of the State plan, including the authority 
to license and the duty to report information pursuant to sub-
section (a), to any subordinate State officer. The Governor 
shall provide, to the Secretary, written notice of any delegation. 
(2) The Governor (or the Governor’s designee) shall provide 
written notice of any amendment to the State plan no less 
than 45 days prior to the effective date of such amendment. 
(3) At the request of the Secretary, the Governor of the 
State (or the Governor’s designee) shall grant, on a biennial 
basis, the Secretary access to State records and State personnel 
for the purpose of auditing State execution and enforcement 
of the State plan. 
(c) APPLICATION.— 
(1) The requirements of section 8903 of title 46, United 
States Code, and the regulations issued thereunder shall not 
apply to any person operating under the authority of a State 
license issued pursuant to an agreement under this section. 
(2) The State shall not compel a person, operating under 
the authority of a license issued either by another State, pursu-
ant to a valid agreement under this section, or by the Secretary, 
pursuant to section 8903 of title 46, United States Code, to— 
(A) hold a license issued by the State, pursuant to 
an agreement under this section; or 
(B) pay any fee, associated with licensing, because 
the person does not hold a license issued by the State, 
pursuant to an agreement under this section. 
Nothing in this paragraph shall limit the authority of the 
State to impose requirements or fees for privileges, other than 
licensing, that are associated with the operation of uninspected 
passenger vessels on Lake Texoma. 
(3) For the purpose of enforcement, if an individual is 
issued a license— 
(A) by a State, pursuant to an agreement entered 
into under to this section; or 
(B) by the Secretary, pursuant to section 8903 of title 
46, United States Code, 
then the individual shall be entitled to lawfully operate an 
uninspected passenger vessel on Lake Texoma in Texas and 
Oklahoma without further requirement to hold an additional 
operator’s license. 
(d) TERMINATION.— 
(1) If— 
(A) the Secretary finds that the State plan for the 
licensing the operators of uninspected passenger vessels— 
(i) does not meet the equivalent standards of safety 
and protection of the environment as those contained 
in subtitle II of title 46, United States Code, and regu-
lations issued thereunder; 
(ii) does not include— 
(I) standards for chemical testing for such 
operators, 
(II) physical standards for such operators, 
(III) professional service and training require-
ments for such operators, or 
(IV) background and criminal investigations 
for such operators; 
Notices. 
Deadlines. 
Records. 
Notice. 
Deadline. 
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124 STAT. 3016 
PUBLIC LAW 111–281—OCT. 15, 2010 
(iii) does not provide for the suspension and revoca-
tion of State licenses; or 
(iv) does not make an individual, who is ineligible 
for a license issued under title 46, United States Code, 
ineligible for a State license; or 
(B) the Governor (or the Governor’s designee) fails 
to report pursuant to subsection (b), 
the Secretary shall terminate the agreement authorized by 
this section, provided that the Secretary provides written notice 
to the Governor of the State 60 days in advance of termination. 
The findings of fact and conclusions of the Secretary, if based 
on a preponderance of the evidence, shall be conclusive. 
(2) The Governor of the State may terminate the agreement 
authorized by this section, provided that the Governor provides 
written notice to the Secretary 60 days in advance of the 
termination date. 
(e) EXISTING AUTHORITY.—Nothing in this section shall affect 
or diminish the authority or jurisdiction of any Federal or State 
officer to investigate, or require reporting of, marine casualties. 
(f) DEFINITIONS.—For the purposes of this section, the term 
‘‘uninspected passenger vessel’’ has the same meaning such term 
has in section 2101(42)(B) of title 46, United States Code. 
SEC. 911. STRATEGY REGARDING DRUG TRAFFICKING VESSELS. 
Within 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating, 
acting through the Commandant of the Coast Guard, shall submit 
a report to Congress on its comprehensive strategy to combat the 
illicit flow of narcotics, weapons, bulk cash, and other contraband 
through the use of submersible and semi-submersible vessels. The 
strategy shall be developed in coordination with other Federal agen-
cies engaged in detection, interdiction, or apprehension of such 
vessels. At a minimum, the report shall include the following: 
(1) An assessment of the threats posed by submersible 
and semi-submersible vessels, including the number of such 
vessels that have been detected or interdicted. 
(2) Information regarding the Federal personnel, technology 
and other resources available to detect and interdict such ves-
sels. 
(3) An explanation of the Coast Guard’s plan, working 
with other Federal agencies as appropriate, to detect and inter-
dict such vessels. 
(4) An assessment of additional personnel, technology, or 
other resources necessary to address such vessels. 
SEC. 912. USE OF FORCE AGAINST PIRACY. 
(a) IN GENERAL.—Chapter 81 of title 46, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 8107. Use of force against piracy 
‘‘(a) LIMITATION
ON
LIABILITY.—An owner, operator, time 
charterer, master, mariner, or individual who uses force or author-
izes the use of force to defend a vessel of the United States against 
an act of piracy shall not be liable for monetary damages for 
any injury or death caused by such force to any person engaging 
in an act of piracy if such force was in accordance with standard 
rules for the use of force in self-defense of vessels prescribed by 
the Secretary. 
Regulations. 
Deadline. 
Reports. 
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124 STAT. 3017 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(b) PROMOTION OF COORDINATED ACTION.—To carry out the 
purpose of this section, the Secretary of the department in which 
the Coast Guard is operating shall work through the International 
Maritime Organization to establish agreements to promote coordi-
nated action among flag- and port-states to deter, protect against, 
and rapidly respond to piracy against the vessels of, and in the 
waters under the jurisdiction of, those nations, and to ensure limita-
tions on liability similar to those established by subsection (a). 
‘‘(c) DEFINITION.—For the purpose of this section, the term 
‘act of piracy’ means any act of aggression, search, restraint, depre-
dation, or seizure attempted against a vessel of the United States 
by an individual not authorized by the United States, a foreign 
government, or an international organization recognized by the 
United States to enforce law on the high seas.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the beginning of 
such chapter is amended by adding at the end the following new 
item: 
‘‘8107. Use of force against piracy.’’. 
(c) STANDARD RULES FOR THE USE OF FORCE FOR SELF-DEFENSE 
OF VESSELS
OF
THE UNITED STATES.—Not later than 180 days 
after the date of enactment of this act, the secretary of the depart-
ment in which the coast guard is operating, in consultation with 
representatives of industry and labor, shall develop standard rules 
for the use of force for self-defense of vessels of the United States. 
SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, 
UNITED STATES CODE. 
(a) IN GENERAL.—Chapter 313 of title 46, United States Code, 
is amended— 
(1) by striking ‘‘of Transportation’’ in sections 31302, 31306, 
31321, 31330, and 31343 each place it appears; 
(2) by striking ‘‘and’’ after the semicolon in section 
31301(5)(F); 
(3) by striking ‘‘office.’’ in section 31301(6) and inserting 
‘‘office; and’’; and 
(4) by adding at the end of section 31301 the following: 
‘‘(7) ‘Secretary’ means the Secretary of the Department 
of Homeland Security, unless otherwise noted.’’. 
(b) SECRETARY AS MORTGAGEE.—Section 31308 of such title 
is amended by striking ‘‘When the Secretary of Commerce or 
Transportation is a mortgagee under this chapter, the Secretary’’ 
and inserting ‘‘The Secretary of Commerce or Transportation, as 
a mortgagee under this chapter,’’. 
(c) SECRETARY OF TRANSPORTATION.—Section 31329(d) of such 
title is amended by striking ‘‘Secretary.’’ and inserting ‘‘Secretary 
of Transportation.’’. 
(d) MORTGAGEE.— 
(1) Section 31330(a)(1) of such title, as amended by sub-
section (a)(1) of this section, is amended— 
(A) by inserting ‘‘or’’ after the semicolon in subpara-
graph (B); 
(B) by striking ‘‘Secretary; or’’ in subparagraph (C) 
and inserting ‘‘Secretary.’’; and 
(C) by striking subparagraph (D). 
(2) Section 31330(a)(2) is amended— 
Definition. 
Deadline. 
46 USC 8107 
note. 
46 USC 8101. 
Contracts. 
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124 STAT. 3018 
PUBLIC LAW 111–281—OCT. 15, 2010 
(A) by inserting ‘‘or’’ after the semicolon in subpara-
graph (B); 
(B) by striking ‘‘faith; or’’ in subparagraph (C) and 
inserting ‘‘faith.’’; and 
(C) by striking subparagraph (D). 
SEC. 914. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PUR-
POSES. 
(a) IN GENERAL.—Whenever the transfer of ownership of a 
Coast Guard vessel or aircraft to an eligible entity for use for 
educational, cultural, historical, charitable, recreational, or other 
public purposes is authorized by law or declared excess by the 
Commandant, the Coast Guard shall transfer the vessel or aircraft 
to the General Services Administration for conveyance to the eligible 
entity. 
(b) CONDITIONS
OF
CONVEYANCE.—The General Services 
Administration may not convey a vessel or aircraft to an eligible 
entity as authorized by law unless the eligible entity agrees— 
(1) to provide the documentation needed by the General 
Services Administration to process a request for aircraft or 
vessels under section 102.37.225 of title 41, Code of Federal 
Regulations; 
(2) to comply with the special terms, conditions, and restric-
tions imposed on aircraft and vessels under section 102.37.460 
of such title; 
(3) to make the vessel available to the United States 
Government if it is needed for use by the Commandant of 
the Coast Guard in time of war or a national emergency; 
and 
(4) to hold the United States Government harmless for 
any claims arising from exposure to hazardous materials, 
including asbestos and polychlorinated biphenyls, that occurs 
after conveyance of the vessel, except for claims arising from 
use of the vessel by the United States Government under 
paragraph (3). 
(c) OTHER OBLIGATIONS UNAFFECTED.—Nothing in this section 
amends or affects any obligation of the Coast Guard or any other 
person under the Toxic Substances Control Act (15 U.S.C. 2601 
et seq.) or any other law regarding use or disposal of hazardous 
materials including asbestos and polychlorinated biphenyls. 
(d) ELIGIBLE
ENTITY
DEFINED.—In this section, the term 
‘‘eligible entity’’ means a State or local government, nonprofit cor-
poration, educational agency, community development organization, 
or other entity that agrees to comply with the conditions established 
under this section. 
SEC. 915. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND 
TRAFFIC FLOW. 
(a) INFORMATION ON USAGE.—Within 60 days after the date 
of enactment of this Act, the Commandant of the Coast Guard 
shall— 
(1) determine the types and numbers of vessels typically 
transiting or utilizing that portion of the Atlantic Intracoastal 
Waterway beginning at a point that is due East of the outlet 
of the Cutler Drain Canal C–100 in Dade County, Florida, 
and ending at the Dade County line, during a period of 30 
days; and 
Determination. 
Deadline. 
14 USC 92 note. 
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124 STAT. 3019 
PUBLIC LAW 111–281—OCT. 15, 2010 
(2) provide the information on usage compiled under this 
subsection to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Com-
mittee on Transportation and Infrastructure. 
(b) ASSESSMENT OF CERTAIN AIDS TO NAVIGATION.—Within 90 
days after the date of enactment of this Act, the Commandant 
of the Coast Guard shall— 
(1) review and assess the buoys, markers, and other aids 
to navigation in and along that portion of the Atlantic Intra-
coastal Waterway specified in subsection (a), to determine the 
adequacy and sufficiency of such aids, and the need to replace 
such aids, install additional aids, or both; and 
(2) submit a report on the assessment required by this 
section to the committees. 
(c) SUBMISSION OF PLAN.—Within 180 days after the date of 
enactment of this Act, the Commandant shall submit a plan to 
the committees to address the needs identified under subsection 
(b). 
SEC. 916. FRESNEL LENS FROM PRESQUE ISLE LIGHT STATION IN 
PRESQUE ISLE, MICHIGAN. 
(a) DETERMINATION; ANALYSES.— 
(1) DETERMINATION.—The Commandant of the Coast Guard 
shall determine the necessity and adequacy of the existing 
Federal aids to navigation at Presque Isle Light Station, 
Presque Isle, Michigan (hereinafter ‘‘Light Station’’), and submit 
such determination to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate. 
The Commandant may base such determination on the Water-
ways Analysis and Management System study of such Federal 
aid to navigation, provided that such study was completed 
not more than 1 year prior to the date of enactment of this 
section. 
(2) ANALYSES.—The Commandant of the Coast Guard shall 
conduct— 
(A) an analysis of the feasibility of restoring the Fresnel 
Lens from the Light Station to operating condition, the 
capacity of the Coast Guard to maintain the Fresnel Lens 
as a Federal aid to navigation, and the impact on the 
Fresnel Lens as an artifact if used as a Federal aid to 
navigation; and 
(B) a comparative analysis of the cost of restoring, 
reinstalling, operating, and maintaining the Fresnel Lens 
(including life-cycle costs) and the cost of operating and 
maintaining the existing Federal aid to navigation at the 
Light Station (including life-cycle costs). 
(3) SUBMISSION.—Not later than 1 year after the date of 
enactment of this section, the Commandant of the Coast Guard 
shall submit the determination and analyses, conducted pursu-
ant to this subsection, to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate. 
(b) TRANSFER POSSESSION OF LENS AUTHORIZED.— 
(1) TRANSFER OF POSSESSION.—Notwithstanding any other 
provision of law, the Commandant of the Coast Guard may 
Deadline. 
Deadline. 
Reports. 
Deadline. 
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124 STAT. 3020 
PUBLIC LAW 111–281—OCT. 15, 2010 
transfer to the Township of Presque Isle, Michigan (hereinafter 
‘‘Township’’), possession of the Fresnel Lens from the Light 
Station for the purpose of conserving and displaying such 
Fresnel Lens as an artifact in an exhibition facility at or near 
the Light Station. 
(2) CONDITION.—As a condition of the transfer of possession 
pursuant to paragraph (1)— 
(A) all Federal aids to navigation located at, on, or 
in the Light Station in operation on the date of transfer 
of possession shall remain the personal property of the 
United States and continue to be operated and maintained 
by the United States for as long as needed for navigational 
purposes; 
(B) there is reserved to the United States the right 
to maintain, remove, replace, or install any Federal aid 
to navigation located at, on, or in the Light Station as 
may be necessary for navigational purposes; and 
(C) the Township shall neither interfere nor allow 
interference in any manner with any Federal aid to naviga-
tion, nor hinder activities required for the operation and 
maintenance of any Federal aid to navigation. 
(3) ALTERNATIVE DISPLAY.— 
(A) In the event that— 
(i) the Commandant of the Coast Guard, pursuant 
to a Waterways Analysis and Management System 
study, discontinues the existing Federal aids to naviga-
tion at, on, or in the Light Station; and 
(ii) the Township demonstrates to the satisfaction 
of the Commandant that the Township can restore, 
reinstall, and display the Fresnel Lens from the Light 
Station in the lantern room of such Light Station in 
a manner that conserves such Fresnel Lens as an 
artifact, 
the Township is authorized, notwithstanding paragraph 
(1), to display such Fresnel Lens in the lantern room of 
such Light Station. 
(B) Nothing in this paragraph shall be construed to 
prevent the Township from installing a replica of the 
Fresnel Lens in the lantern room of such Light Station. 
(c) CONVEYANCE, TRANSFER OF ADDITIONAL PERSONAL PROP-
ERTY.—Notwithstanding any other provision of law, the Com-
mandant may convey or transfer possession of any personal property 
of the United States, pertaining to the Fresnel Lens or the Light 
Station, as an artifact to the Township. 
(d) TERMS; REVERSIONARY INTEREST.—As a condition of transfer 
of possession of personal property of the United States, pursuant 
to subsection (c), the Commandant may require the Township to 
comply with terms and conditions necessary to protect and conserve 
such personal property. Upon notice that the Commandant has 
determined that the Township has not complied with such terms 
and conditions, the Township shall immediately transfer possession 
of such personal property to the Coast Guard, except to the extent 
otherwise approved by the Commandant. 
(e) CONVEYANCE WITHOUT CONSIDERATION.—The conveyance 
or transfer of possession of any personal property of the United 
States (including the Fresnel Lens) under this section shall be 
without consideration. 
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124 STAT. 3021 
PUBLIC LAW 111–281—OCT. 15, 2010 
(f) DELIVERY OF PROPERTY.—The Commandant shall deliver 
any personal property, conveyed or transferred pursuant to this 
section (including the Fresnel Lens)— 
(1) at the place where such property is located on the 
date of the conveyance; 
(2) in condition on the date of conveyance; and 
(3) without cost to the United States. 
(g) MAINTENANCE OF PROPERTY.—As a condition of the transfer 
of possession of the Fresnel Lens and any other personal property 
of the United States to the Township under this section, the Com-
mandant shall enter into an agreement with the Township under 
which the Township agrees to hold the United States harmless 
for any claim arising with respect to the Fresnel Lens or such 
personal property. 
(h) LIMITATION ON FUTURE TRANSFERS.—The instruments pro-
viding for the transfer of possession of the Fresnel Lens or any 
other personal property of the United States under this section 
shall— 
(1) require that any further transfer of an interest in the 
Fresnel Lens or personal property may not be made without 
the advance approval of the Commandant; and 
(2) provide that, if the Commandant determines that an 
interest in the Fresnel Lens or personal property was trans-
ferred without such approval— 
(A) all right, title, and interest in the Fresnel Lens 
or personal property shall revert to the United States, 
and the United States shall have the right to immediate 
possession of the Fresnel Lens or personal property; and 
(B) the recipient of the Fresnel Lens or personal prop-
erty shall pay the United States for costs incurred by 
the United States in recovering the Fresnel Lens or per-
sonal property. 
(i) ADDITIONAL TERMS
AND CONDITIONS.—The Commandant 
may require such additional terms and conditions in connection 
with the conveyance or transfer of personal property of the United 
States (including the Fresnel Lens) authorized by this section as 
the Commandant considers appropriate to protect the interests 
of the United States. 
SEC. 917. MARITIME LAW ENFORCEMENT. 
(a) PENALTIES.—Subsection (b) of section 2237 of title 18, United 
States Code, is amended to read as follows: 
‘‘(b)(1) Except as otherwise provided in this subsection, whoever 
knowingly violates subsection (a) shall be fined under this title 
or imprisoned for not more than 5 years, or both. 
‘‘(2)(A) If the offense is one under paragraph (1) or (2)(A) 
of subsection (a) and has an aggravating factor set forth in subpara-
graph (B) of this paragraph, the offender shall be fined under 
this title or imprisoned for any term of years or life, or both. 
‘‘(B) The aggravating factor referred to in subparagraph (A) 
is that the offense— 
‘‘(i) results in death; or 
‘‘(ii) involves— 
‘‘(I) an attempt to kill; 
‘‘(II) kidnapping or an attempt to kidnap; or 
‘‘(III) an offense under section 2241. 
Payments. 
Determination. 
Contracts. 
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124 STAT. 3022 
PUBLIC LAW 111–281—OCT. 15, 2010 
‘‘(3) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a) and results in serious bodily injury (as defined in 
section 1365), the offender shall be fined under this title or impris-
oned for not more than 15 years, or both. 
‘‘(4) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a), involves knowing transportation under inhumane 
conditions, and is committed in the course of a violation of section 
274 of the Immigration and Nationality Act, or chapter 77 or 
section 113 (other than under subsection (a)(4) or (a)(5) of such 
section) or 117 of this title, the offender shall be fined under 
this title or imprisoned for not more than 15 years, or both.’’. 
(b) DEFINITION.—Section 2237(e) of title 18, United States Code, 
is amended— 
(1) by amending paragraph (3) to read as follows: 
‘‘(3) the term ‘vessel subject to the jurisdiction of the United 
States’ has the meaning given the term in section 70502 of 
title 46;’’; 
(2) in paragraph (4), by striking ‘‘section 2 of the Maritime 
Drug Law Enforcement Act (46 U.S.C. App. 1903).’’ and 
inserting ‘‘section 70502 of title 46; and’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(5) the term ‘transportation under inhumane conditions’ 
means— 
‘‘(A) transportation— 
‘‘(i) of one or more persons in an engine compart-
ment, storage compartment, or other confined space; 
‘‘(ii) at an excessive speed; or 
‘‘(iii) of a number of persons in excess of the rated 
capacity of the vessel; or 
‘‘(B) intentional grounding of a vessel in which persons 
are being transported.’’. 
SEC. 918. CAPITAL INVESTMENT PLAN. 
The Commandant of the Coast Guard shall submit to the 
Committee on Transportation and Infrastructure and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
the Coast Guard’s 5-year capital investment plan concurrent with 
the President’s budget submission for each fiscal year. 
SEC. 919. REPORTS. 
Notwithstanding any other provision of law, in fiscal year 2011 
the total amount of appropriated funds obligated or expended by 
the Coast Guard during any fiscal year in connection with any 
study or report required by law may not exceed the total amount 
of appropriated funds obligated or expended by the Coast Guard 
for such purpose in fiscal year 2010. In order to comply with 
the requirements of this limitation, the Commandant of the Coast 
Guard shall establish for each fiscal year a rank order of priority 
for studies and reports that can be conducted or completed during 
the fiscal year consistent with this limitation and shall post the 
list on the Coast Guard’s public website. 
SEC. 920. COMPLIANCE PROVISION. 
The budgetary effects of this Act, for purposes of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, jointly submitted for printing 
in the Congressional Record by the Chairmen of the House and 
Web posting. 
14 USC 663 note. 
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124 STAT. 3023 
PUBLIC LAW 111–281—OCT. 15, 2010 
Senate Budget Committees, provided that such statement has been 
submitted prior to the vote on passage in the House acting first 
on this conference report or amendments between the Houses. 
SEC. 921. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, 
MAINE. 
Section 347 of the Maritime Transportation Security Act of 
2002 (116 Stat. 2108; as amended by section 706 of Public Law 
109–347 (120 Stat. 1946)) is amended in subsection (i), by adding 
at the end the following new paragraph: 
‘‘(3) PUBLIC AQUARIUM.—For purposes of this section, the 
term ‘aquarium’ or ‘public aquarium’ as used in this section 
or in the deed delivered to the Corporation or any agreement 
entered into pursuant to this section, means any new building 
constructed by the Corporation adjacent to the pier and bulk-
head in compliance with the waterfront provisions of the City 
of Portland Code of Ordinances.’’. 
TITLE X—CLEAN HULLS 
Subtitle A—General Provisions 
SEC. 1011. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the Environmental Protection Agency. 
(2) ANTIFOULING SYSTEM.—The term ‘‘antifouling system’’ 
means a coating, paint, surface treatment, surface, or device 
that is used or intended to be used on a vessel to control 
or prevent attachment of unwanted organisms. 
(3) CONVENTION.—The term ‘‘Convention’’ means the Inter-
national Convention on the Control of Harmful Anti-Fouling 
Systems on Ships, 2001, including its annexes, and including 
any amendments to the Convention or annexes which have 
entered into force for the United States. 
(4) FPSO.—The term ‘‘FPSO’’ means a floating production, 
storage, or offloading unit. 
(5) FSU.—The term ‘‘FSU’’ means a floating storage unit. 
(6) GROSS TONNAGE.—The term ‘‘gross tonnage’’ as defined 
in chapter 143 of title 46, United States Code, means the 
gross tonnage calculated in accordance with the tonnage 
measurement regulations contained in annex 1 to the Inter-
national Convention on Tonnage Measurement of Ships, 1969. 
(7) INTERNATIONAL VOYAGE.—The term ‘‘international voy-
age’’ means a voyage by a vessel entitled to fly the flag of 
one country to or from a port, shipyard, offshore terminal, 
or other place under the jurisdiction of another country. 
(8) ORGANOTIN.—The term ‘‘organotin’’ means any com-
pound or additive of tin bound to an organic ligand, that is 
used or intended to be used as biocide in an antifouling system. 
(9) PERSON.—The term ‘‘person’’ means— 
(A) any individual, partnership, association, corpora-
tion, or organized group of persons whether incorporated 
or not; 
(B) any department, agency, or instrumentality of the 
United States, except as provided in section 3(b)(2); or 
33 USC 3801. 
Definition. 
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124 STAT. 3024 
PUBLIC LAW 111–281—OCT. 15, 2010 
(C) any other government entity. 
(10) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the department in which the Coast Guard is operating. 
(11) SELL OR DISTRIBUTE.—The term ‘‘sell or distribute’’ 
means to distribute, sell, offer for sale, hold for distribution, 
hold for sale, hold for shipment, ship, deliver for shipment, 
release for shipment, import, export, hold for import, hold for 
export, or receive and (having so received) deliver or offer 
to deliver. 
(12) VESSEL.—The term ‘‘vessel’’ has the meaning given 
that term in section 3 of title 1, United States Code, including 
hydrofoil boats, air cushion watercraft, submersibles, floating 
craft, fixed or floating platforms, floating storage units, and 
floating production, storage, and offloading units. 
(13) TERRITORIAL SEA.—The term ‘‘territorial sea’’ means 
the territorial sea as described in Presidential Proclamation 
No. 5928 on December 27, 1988. 
(14) UNITED STATES.—The term ‘‘United States’’ means the 
several States of the United States, the District of Columbia, 
Puerto Rico, Guam, American Samoa, the Virgin Islands, the 
Commonwealth of the Northern Marianas, and any other terri-
tory or possession over which the United States has jurisdiction. 
(15) USE.—The term ‘‘use’’ includes application, reapplica-
tion, installation, or any other employment of an antifouling 
system. 
SEC. 1012. COVERED VESSELS. 
(a) INCLUDED VESSEL.—Except as provided in subsection (b), 
after the Convention enters into force for the United States, the 
following vessels are subject to the requirements of this title: 
(1) A vessel documented under chapter 121 of title 46, 
United States Code, or one operated under the authority of 
the United States, wherever located. 
(2) Any vessel permitted by a Federal agency to operate 
on the Outer Continental Shelf. 
(3) Any other vessel when— 
(A) in the internal waters of the United States; 
(B) in any port, shipyard, offshore terminal, or other 
place in the United States; 
(C) lightering in the territorial sea; or 
(D) to the extent consistent with international law, 
anchoring in the territorial sea of the United States. 
(b) EXCLUDED VESSELS.— 
(1) IN GENERAL.—The following vessels are not subject to 
the requirements of this title: 
(A) Any warship, naval auxiliary, or other vessel owned 
or operated by a foreign state, and used, for the time 
being, only on government noncommercial service. 
(B) Except as provided in paragraph (2), any warship, 
naval auxiliary, or other vessel owned or operated by the 
United States and used for the time being only on govern-
ment noncommercial service. 
(2) APPLICATION TO UNITED STATES GOVERNMENT VESSELS.— 
(A) IN GENERAL.—The Administrator may apply any 
requirement of this title to one or more classes of vessels 
described in paragraph (1)(B), if the head of the Federal 
33 USC 3802. 
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124 STAT. 3025 
PUBLIC LAW 111–281—OCT. 15, 2010 
department or agency under which those vessels operate 
concurs in that application. 
(B) 
LIMITATION
FOR
COMBAT-RELATED
VESSEL.— 
Subparagraph (A) shall not apply to combat-related vessels. 
SEC. 1013. ADMINISTRATION AND ENFORCEMENT. 
(a) IN GENERAL.—Unless otherwise specified in this title, with 
respect to a vessel, the Secretary shall administer and enforce 
the Convention and this title. 
(b) ADMINISTRATOR.—Except with respect to section 1031(b) 
and (c), the Administrator shall administer and enforce subtitle 
C. 
(c) REGULATIONS.—The Administrator and the Secretary may 
each prescribe and enforce regulations as may be necessary to 
carry out their respective responsibilities under this title. 
SEC. 1014. COMPLIANCE WITH INTERNATIONAL LAW. 
Any action taken under this title shall be taken in accordance 
with treaties to which the United States is a party and other 
international obligations of the United States. 
SEC. 1015. UTILIZATION OF PERSONNEL, FACILITIES OR EQUIPMENT 
OF OTHER FEDERAL DEPARTMENTS AND AGENCIES. 
The Secretary and the Administrator may utilize by agreement, 
with or without reimbursement, personnel, facilities, or equipment 
of other Federal departments and agencies in administering the 
Convention, this title, or any regulations prescribed under this 
title. 
Subtitle B—Implementation of the 
Convention 
SEC. 1021. CERTIFICATES. 
(a) CERTIFICATE REQUIRED.—On entry into force of the Conven-
tion for the United States, any vessel of at least 400 gross tons 
that engages in one or more international voyages (except fixed 
or floating platforms, FSUs, and FPSOs) shall carry an Inter-
national Antifouling System Certificate. 
(b) ISSUANCE
OF CERTIFICATE.—On entry into force of the 
Convention, on a finding that a successful survey required by the 
Convention has been completed, a vessel of at least 400 gross 
tons that engages in at least one international voyage (except 
fixed or floating platforms, FSUs, and FPSOs) shall be issued 
an International Antifouling System Certificate. The Secretary may 
issue the Certificate required by this section. The Secretary may 
delegate this authority to an organization that the Secretary deter-
mines is qualified to undertake that responsibility. 
(c) MAINTENANCE OF CERTIFICATE.—The Certificate required 
by this section shall be maintained as required by the Secretary. 
(d) CERTIFICATES ISSUED BY OTHER PARTY COUNTRIES.—A Cer-
tificate issued by any country that is a party to the Convention 
has the same validity as a Certificate issued by the Secretary 
under this section. 
(e) VESSELS OF NONPARTY COUNTRIES.—Notwithstanding sub-
section (a), a vessel of at least 400 gross tons, having the nationality 
of or entitled to fly the flag of a country that is not a party 
33 USC 3821. 
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124 STAT. 3026 
PUBLIC LAW 111–281—OCT. 15, 2010 
to the Convention, may demonstrate compliance with this title 
through other appropriate documentation considered acceptable by 
the Secretary. 
SEC. 1022. DECLARATION. 
(a) REQUIREMENTS.—On entry into force of the Convention for 
the United States, a vessel of at least 24 meters in length, but 
less than 400 gross tons engaged on an international voyage (except 
fixed or floating platforms, FSUs, and FPSOs) must carry a declara-
tion described in subsection (b) that is signed by the owner or 
owner’s authorized agent. That declaration shall be accompanied 
by appropriate documentation, such as a paint receipt or a con-
tractor invoice, or contain an appropriate endorsement. 
(b) CONTENT OF DECLARATION.—The declaration must contain 
a clear statement that the antifouling system on the vessel complies 
with the Convention. The Secretary may prescribe the form and 
other requirements of the declaration. 
SEC. 1023. OTHER COMPLIANCE DOCUMENTATION. 
In addition to the requirements under sections 1021 and 1022, 
the Secretary may require vessels to hold other documentation 
considered necessary to verify compliance with this title. 
SEC. 1024. PROCESS FOR CONSIDERING ADDITIONAL CONTROLS. 
(a) ACTIONS BY ADMINISTRATOR.—The Administrator may— 
(1) participate in the technical group described in Article 
7 of the Convention, and in any other body convened pursuant 
to the Convention for the consideration of new or additional 
controls on antifouling systems; 
(2) evaluate any risks of adverse effects on nontarget orga-
nisms or human health presented by a given antifouling system 
such that the amendment of annex 1 of the Convention may 
be warranted; 
(3) undertake an assessment of relevant environmental, 
technical, and economic considerations necessary to evaluate 
any proposals for new or additional controls of antifouling sys-
tems under the Convention, including benefits in the United 
States and elsewhere associated with the production and use 
in the United States and elsewhere, of the subject antifouling 
system; and 
(4) develop recommendations based on that assessment. 
(b) REFERRALS TO TECHNICAL GROUP.— 
(1) CONVENING OF SHIPPING COORDINATING COMMITTEE.— 
On referral of any antifouling system to the technical group 
described in article 7 of the Convention for consideration of 
new or additional controls, the Secretary of State shall convene 
a public meeting of the Shipping Coordinating Committee for 
the purpose of receiving information and comments regarding 
controls on such antifouling system. The Secretary of State 
shall publish advance notice of such meeting in the Federal 
Register and on the State Department’s Web site. The Adminis-
trator shall assemble and maintain a public docket containing 
notices pertaining to that meeting, any comments responding 
to those notices, the minutes of that meeting, and materials 
presented at that meeting. 
(2) REPORT BY TECHNICAL GROUP.—The Administrator shall 
promptly make any report by the technical group described 
in the Convention available to the public through the docket 
Federal Register, 
publication. 
Notice. 
Web posting. 
Public 
information. 
33 USC 3824. 
33 USC 3823. 
33 USC 3822. 
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124 STAT. 3027 
PUBLIC LAW 111–281—OCT. 15, 2010 
established pursuant to subsection (b) and announce the avail-
ability of that report in the Federal Register. The Administrator 
shall provide an opportunity for public comment on the report 
for a period of not less than 30 days from the time the avail-
ability of the report is announced in the Federal Register. 
(3) CONSIDERATION
OF
COMMENTS.—To the extent prac-
ticable, the Administrator shall take any comments into consid-
eration in developing recommendations under subsection (a). 
SEC. 1025. SCIENTIFIC AND TECHNICAL RESEARCH AND MONITORING; 
COMMUNICATION AND INFORMATION. 
The Secretary, the Administrator, and the Administrator of 
the National Oceanic and Atmospheric Administration may each 
undertake scientific and technical research and monitoring pursu-
ant to article 8 of the Convention and to promote the availability 
of relevant information concerning— 
(1) scientific and technical activities undertaken in accord-
ance with the Convention; 
(2) marine scientific and technological programs and their 
objectives; and 
(3) the effects observed from any monitoring and assess-
ment programs relating to antifouling systems. 
SEC. 1026. COMMUNICATION AND EXCHANGE OF INFORMATION. 
(a) IN GENERAL.—Except as provided in subsection (b), with 
respect to those antifouling systems regulated by the Administrator, 
the Administrator shall provide to any party to the Convention 
that requests it, relevant information on which the decision to 
regulate was based, including information provided for in annex 
3 to the Convention, or other information suitable for making an 
appropriate evaluation of the antifouling system. 
(b) LIMITATION.—This section shall not be construed to 
authorize the provision of information the disclosure of which is 
otherwise prohibited by law. 
Subtitle C—Prohibitions and Enforcement 
Authority 
SEC. 1031. PROHIBITIONS. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
it is unlawful for any person— 
(1) to act in violation of this title, or any regulation pre-
scribed under this title; 
(2) to sell or distribute in domestic or international com-
merce organotin or an antifouling system containing organotin; 
(3) to manufacture, process, or use organotin to formulate 
an antifouling system; 
(4) to apply an antifouling system containing organotin 
on any vessel to which this title applies; or 
(5) after the Convention enters into force for the United 
States, to apply or otherwise use in a manner inconsistent 
with the Convention, an antifouling system on any vessel that 
is subject to this title. 
(b) VESSEL HULLS.—Except as provided in subsection (c), no 
vessel shall bear on its hull or outer surface any antifouling system 
containing organotin, regardless of when such system was applied, 
33 USC 3841. 
33 USC 3826. 
33 USC 3825. 
Public comments. 
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124 STAT. 3028 
PUBLIC LAW 111–281—OCT. 15, 2010 
unless that vessel bears an overcoating which forms a barrier 
to organotin leaching from the underlying antifouling system. 
(c) LIMITATIONS.— 
(1) EXCEPTED VESSEL.—Subsection (b) does not apply to 
fixed or floating platforms, FSUs, or FPSOs that were con-
structed prior to January 1, 2003, and that have not been 
in dry dock on or after that date. 
(2) SALE, MANUFACTURE, ETC.—This section does not apply 
to— 
(A) the sale, distribution, or use pursuant to any agree-
ment between the Administrator and any person that 
results in an earlier prohibition or cancellation date than 
specified in this title; or 
(B) the manufacture, processing, formulation, sale, dis-
tribution, or use of organotin or antifouling systems con-
taining organotin used or intended for use only for sonar 
domes or in conductivity sensors in oceanographic 
instruments. 
SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SECRETARY. 
(a) IN GENERAL.—The Secretary may conduct investigations 
and inspections regarding a vessel’s compliance with this title or 
the Convention. 
(b) VIOLATIONS; SUBPOENAS.— 
(1) IN GENERAL.—In any investigation under this section, 
the Secretary may issue a subpoena to require the attendance 
of a witness or the production of documents or other evidence 
if— 
(A) before the issuance of the subpoena, the Secretary 
requests a determination by the Attorney General of the 
United States as to whether the subpoena will interfere 
with a criminal investigation; and 
(B) the Attorney General— 
(i) determines that the subpoena will not interfere 
with a criminal investigation; or 
(ii) fails to make a determination under clause 
(i) before the date that is 30 days after the date on 
which the Secretary makes a request under subpara-
graph (A). 
(2) ENFORCEMENT.—In the case of refusal to obey a sub-
poena issued to any person under this subsection, the Secretary 
may request the Attorney General to invoke the aid of the 
appropriate district court of the United States to compel compli-
ance. 
(c) FURTHER ACTION.—On completion of an investigation, the 
Secretary may take whatever further action the Secretary considers 
appropriate under the Convention or this title. 
(d) COOPERATION.—The Secretary may cooperate with other 
parties to the Convention in the detection of violations and in 
enforcement of the Convention. Nothing in this section affects or 
alters requirements under any other laws. 
SEC. 1033. EPA ENFORCEMENT. 
(a) INSPECTIONS, SUBPOENAS.— 
(1) IN GENERAL.—For purposes of enforcing this title or 
any regulation prescribed under this title, officers or employees 
of the Environmental Protection Agency or of any State des-
ignated by the Administrator may enter at reasonable times 
33 USC 3843. 
Deadline. 
Determination. 
33 USC 3842. 
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124 STAT. 3029 
PUBLIC LAW 111–281—OCT. 15, 2010 
any location where there is being held or may be held organotin 
or any other substance or antifouling system regulated under 
the Convention, for the purpose of inspecting and obtaining 
samples of any containers or labeling for organotin or other 
substance or system regulated under the Convention. 
(2) SUBPOENAS.— 
(A) IN GENERAL.—In any investigation under this sec-
tion, the Administrator may issue a subpoena to require 
the attendance of a witness or the production of documents 
or other evidence if— 
(i) before the issuance of the subpoena, the 
Administrator 
requests 
a 
determination 
by 
the 
Attorney General of the United States as to whether 
the subpoena will interfere with a criminal investiga-
tion; and 
(ii) the Attorney General— 
(I) determines that the subpoena will not 
interfere with a criminal investigation; or 
(II) fails to make a determination under sub-
clause (I) before the date that is 30 days after 
the date on which the Administrator makes a 
request under clause (i). 
(B) ENFORCEMENT.—In the case of refusal to obey a 
subpoena issued to any person under this paragraph, the 
Administrator may request the Attorney General to invoke 
the aid of the appropriate district court of the United 
States to compel compliance. 
(b) STOP MANUFACTURE, SALE, USE, OR REMOVAL ORDERS.— 
Consistent with section 1013, whenever any organotin or other 
substance or system regulated under the Convention is found by 
the Administrator and there is reason to believe that a manufac-
turer, seller, distributor, or user has violated or is in violation 
of any provision of this title, or that such organotin or other sub-
stance or system regulated under the Convention has been or is 
intended to be manufactured, distributed, sold, or used in violation 
of this title, the Administrator may issue a stop manufacture, 
sale, use, or removal order to any person that owns, controls, 
or has custody of such organotin or other substance or system 
regulated under the Convention. After receipt of that order the 
person may not manufacture, sell, distribute, use, or remove the 
organotin or other substance or system regulated under the Conven-
tion described in the order except in accordance with the order. 
SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINISTRATOR. 
The Administrator, in consultation with the Secretary, may 
establish, as necessary, terms and conditions regarding the removal 
and disposal of antifouling systems prohibited or restricted under 
this title. 
Subtitle D—Action on Violation, Penalties, 
and Referrals 
SEC. 1041. CRIMINAL ENFORCEMENT. 
Any person who knowingly violates paragraph (2), (3), (4), 
or (5) of section 1031(a) or section 1031(b) shall be fined under 
33 USC 3851. 
Deadline. 
Determination. 
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124 STAT. 3030 
PUBLIC LAW 111–281—OCT. 15, 2010 
title 18, United States Code, or imprisoned not more than 6 years, 
or both. 
SEC. 1042. CIVIL ENFORCEMENT. 
(a) CIVIL PENALTY.— 
(1) IN GENERAL.—Any person who is found by the Secretary 
or the Administrator, as appropriate, after notice and an oppor-
tunity for a hearing, to have— 
(A) violated the Convention, this title, or any regulation 
prescribed under this title, is liable to the United States 
Government for a civil penalty of not more than $37,500 
for each violation; or 
(B) made a false, fictitious, or fraudulent statement 
or representation in any matter in which a statement or 
representation is required to be made to the Secretary 
under the Convention, this title, or any regulations pre-
scribed under this title, is liable to the United States for 
a civil penalty of not more than $50,000 for each such 
statement or representation. 
(2) RELATIONSHIP TO OTHER LAW.—This subsection shall 
not limit or affect the authority of the Government under 
section 1001 of title 18, United States Code. 
(b) ASSESSMENT OF PENALTY.—The amount of the civil penalty 
shall be assessed by the Secretary or Administrator, as appropriate, 
by written notice. 
(c) LIMITATION
FOR RECREATIONAL VESSEL.—A civil penalty 
imposed under subsection (a) against the owner or operator of 
a recreational vessel, as that term is defined in section 2101 of 
title 46, United States Code, for a violation of the Convention, 
this title, or any regulation prescribed under this title involving 
that recreational vessel, may not exceed $5,000 for each violation. 
(d) DETERMINATION OF PENALTY.—For purposes of penalties 
under this section, each day of a continuing violation constitutes 
a separate violation. In determining the amount of the penalty, 
the Secretary or Administrator shall take into account the nature, 
circumstances, extent, and gravity of the prohibited acts committed 
and, with respect to the violator, the degree of culpability, any 
history of prior offenses, the economic impact of the penalty on 
the violator, the economic benefit to the violator and other matters 
as justice may require. 
(e) REWARD.—An amount equal to not more than one-half of 
any civil penalty assessed by the Secretary or Administrator under 
this section may, subject to the availability of appropriations, be 
paid by the Secretary or Administrator, respectively, to any person 
who provided information that led to the assessment or imposition 
of the penalty. 
(f) REFERRAL TO ATTORNEY GENERAL.—If any person fails to 
pay a civil penalty assessed under this section after it has become 
final, or comply with an order issued under this title, the Secretary 
or Administrator, as appropriate, may refer the matter to the 
Attorney General of the United States for collection in any appro-
priate district court of the United States. 
(g) COMPROMISE, MODIFICATION, OR REMISSION.—Before refer-
ring any civil penalty that is subject to assessment or has been 
assessed under this section to the Attorney General, the Secretary, 
or Administrator, as appropriate, may compromise, modify, or remit, 
with or without conditions, the civil penalty. 
Notice. 
33 USC 3852. 
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124 STAT. 3031 
PUBLIC LAW 111–281—OCT. 15, 2010 
(h) NONPAYMENT PENALTY.—Any person who fails to pay on 
a timely basis a civil penalty assessed under this section shall 
also be liable to the United States for interest on the penalty 
at an annual rate equal to 11 percent compounded quarterly, 
attorney fees and costs for collection proceedings, and a quarterly 
nonpayment penalty for each quarter during which such failure 
to pay persists. That nonpayment penalty shall be in an amount 
equal to 20 percent of the aggregate amount of that person’s pen-
alties and nonpayment penalties that are unpaid as of the beginning 
of that quarter. 
SEC. 1043. LIABILITY IN REM. 
A vessel operated in violation of the Convention, this title, 
or any regulation prescribed under this title, is liable in rem for 
any fine imposed under section 18, United States Code, or civil 
penalty assessed pursuant to section 1042, and may be proceeded 
against in the United States district court of any district in which 
the vessel may be found. 
SEC. 1044. VESSEL CLEARANCE OR PERMITS; REFUSAL OR REVOCA-
TION; BOND OR OTHER SURETY. 
If any vessel that is subject to the Convention or this title, 
or its owner, operator, or person in charge, is liable for a fine 
or civil penalty under section 1042 or 1043, or if reasonable cause 
exists to believe that the vessel, its owner, operator, or person 
in charge may be subject to a fine or civil penalty under section 
1042 or 1043, the Secretary may refuse or revoke the clearance 
required by section 60105 of title 46, United States Code. Clearance 
may be granted upon the filing of a bond or other surety satisfaction 
to the Secretary. 
SEC. 1045. WARNINGS, DETENTIONS, DISMISSALS, EXCLUSION. 
(a) IN GENERAL.—If a vessel is detected to be in violation 
of the Convention, this title, or any regulation prescribed under 
this title, the Secretary may warn, detain, dismiss, or exclude 
the vessel from any port or offshore terminal under the jurisdiction 
of the United States. 
(b) NOTIFICATIONS.—If action is taken under subsection (a), 
the Secretary, in consultation with the Secretary of State, shall 
make the notifications required by the Convention. 
SEC. 1046. REFERRALS FOR APPROPRIATE ACTION BY FOREIGN 
COUNTRY. 
Notwithstanding sections 1041, 1042, 1043, and 1045, if a viola-
tion of the Convention is committed by a vessel registered in or 
of the nationality of a country that is a party to the Convention, 
or by a vessel operated under the authority of a country that 
is a party to the Convention, the Secretary, acting in coordination 
with the Secretary of State, may refer the matter to the government 
of the country of the vessel’s registry or nationality, or under 
whose authority the vessel is operating, for appropriate action, 
rather than taking the actions otherwise required or authorized 
by this subtitle. 
SEC. 1047. REMEDIES NOT AFFECTED. 
(a) IN GENERAL.—Nothing in this title limits, denies, amends, 
modifies, or repeals any other remedy available to the United States. 
33 USC 3857. 
33 USC 3856. 
33 USC 3855. 
33 USC 3854. 
33 USC 3853. 
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124 STAT. 3032 
PUBLIC LAW 111–281—OCT. 15, 2010 
LEGISLATIVE HISTORY—H.R. 3619 (S. 1194): 
HOUSE REPORTS: No. 111–303, Pt. 1 (Comm. on Transportation and Infrastruc-
ture). 
SENATE REPORTS: No. 111–95 (Comm. on Commerce, Science, and Transpor-
tation) accompanying S. 1194. 
CONGRESSIONAL RECORD: 
Vol. 155 (2009): Oct. 22, 23, considered and passed House. 
Vol. 156 (2010): May 7, considered and passed Senate, amended, in lieu of 
S. 1194. 
Sept. 28, House concurred in Senate amendment with 
amendments. 
Sept. 29, Senate concurred in House amendments with 
amendments. House concurred in Senate amendments. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010): 
Oct. 15, Presidential statement. 
(b) RELATIONSHIP TO STATE AND LOCAL LAW.—Nothing in this 
title limits, denies, amends, modifies, or repeals any rights under 
existing law, of any State, territory, or possession of the United 
States, or any political subdivision thereof, to regulate any 
antifouling system. Compliance with the requirements of a State, 
territory, or possession of the United States, or political subdivision 
thereof related to antifouling paint or any other antifouling system 
does not relieve any person of the obligation to comply with this 
title. 
SEC. 1048. REPEAL. 
The Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 
2401 et seq.) is repealed. 
Approved October 15, 2010. 
33 USC 
2401–2410, 
2401 note. 
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