[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3619 Enrolled Bill (ENR)]
H.R.3619
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
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.
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 towing 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' documents.
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.
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 vessels 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 departments 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 information.
Sec. 1026. Communication and exchange of information.
Subtitle C--Prohibitions and Enforcement Authority
Sec. 1031. Prohibitions.
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
available 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 performance 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 available 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 available until expended.
(5) For alteration or removal of bridges over navigable waters
of the United States constituting obstructions to navigation, 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 with
operation and maintenance), $13,329,000, to remain available until
expended.
(7) For the Coast Guard Reserve program, including personnel
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
institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
TITLE II--COAST GUARD
SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 153. Appointment of judges
``The Secretary may appoint civilian employees of the department 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 establishments, 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:
``Sec. 518. Reimbursement for medical-related travel expenses for
certain persons residing on islands in the continental 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 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 residing 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:
``Sec. 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 commissioning 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 distribution 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 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 commissioned 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, or other
agreements with, international maritime organizations for the purpose
of acquiring information or data about merchant vessel inspections,
security, safety, environmental protection, classification, 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:
``Sec. 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:
``Sec. 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.
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:
``Sec. 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 members,
none of whom is a Federal employee, and shall include--
``(A) ten who are health-care professionals with particular
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 members 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 designate
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 Committee shall
serve without compensation, except that, while engaged in the
performance of duties away from their homes or regular places of
business of the member, the member of the Committee may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5.
``(f) Staff; Services.--The Secretary shall furnish to the
Committee the personnel and services as are considered necessary for
the conduct of its business.''.
(b) First Meeting.--No later than six months after the date of
enactment of this Act, the Merchant Mariner Medical Advisory Committee
established by the amendment made by this section shall hold its first
meeting.
(c) Clerical Amendment.--The analysis for chapter 71 of that title
is amended by adding at the end the following:
``7115. Merchant Mariner Medical Advisory Committee.''.
SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT
PROGRAM.
Section 214(a) of title 14, United States Code, is amended to read
as follows:
``(a) The president may appoint temporary commissioned officers--
``(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 officers, 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
Secretary 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
direction relating to the need for a minimum number of officers
with particular skills within a specialty; and
``(B) any other guidance that the Secretary believes may be
necessary to enable the board to properly perform its
functions.
``(2) Selections made based on the direction and guidance
provided under this subsection shall not exceed the maximum
percentage of officers who may be selected from below the announced
promotion zone at any given selection board convened under section
251 of this title.'';
(3) in section 259(a), by inserting after ``whom the board''
the following: ``, giving due consideration to the needs of the
Coast Guard for officers with 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
promotion'' the following: ``to meet the needs of the service (as
noted in specific direction furnished the board by the Secretary
under section 258 of this title)''.
SEC. 213. 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 noncommercial
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 Pennants.--Section
638(a) of title 14, United States Code, is amended by striking ``Coast
Guard vessels and aircraft'' and inserting ``Vessels 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:
``Sec. 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 representatives 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 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 District
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 investigation of a
complaint.
``(4) Access to information.--The District Ombudsman shall have
access to any Coast Guard document, including any record or report,
that will aid the District Ombudsman in obtaining the 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 Commander of the
District in which the petitioner who brought the complaint is
located or operating.
``(6) Deadline.--The District Ombudsman shall seek to resolve
each complaint brought in accordance with the guidelines--
``(A) in a timely fashion; and
``(B) not later than 4 months after the complaint is
officially accepted by the District Ombudsman.
``(d) Appointment.--The Commandant shall appoint as the District
Ombudsman an individual who has experience in port and transportation
systems and knowledge of port operations or of maritime commerce (or
both).
``(e) Annual Reports.--The Secretary shall report annually to the
Committee on Transportation and 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:
``Sec. 293. Compulsory retirement
``(a) Regular Commissioned Officers.--Any regular commissioned
officer, except a commissioned warrant officer, serving in a grade
below rear admiral (lower half) shall be retired on the first day of
the month following the month in which the officer becomes 62 years of
age.
``(b) Flag-Officer Grades.--(1) Except as provided in paragraph
(2), any regular commissioned officer serving in a grade of rear
admiral (lower half) or above shall be retired on the first day of the
month following the month in which the officer becomes 64 years of age.
``(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:
``Sec. 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 Representatives 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 Committee 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 members 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.
(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 members of the
Coast Guard concerned.
(4) A plan for the actions that are to be taken in the year
following the year covered by such report on the prevention of and
response to sexual assault involving members of the Coast Guard
concerned.
SEC. 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 Infrastructure of the House of
Representatives and the Committee on Commerce, 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, translation
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 engagement
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.''.
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 unaccompanied
housing.''; and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(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:
``Sec. 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 established 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 unaccompanied 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 Comprehensive
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)--
(i) in paragraph (2), by striking ``or unaccompanied''
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 appropriations 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:
``Sec. 688. Reports
``The Secretary shall prepare and submit to Congress, concurrent
with the budget submitted pursuant to section 1105 of title 31, a
report identifying the contracts or agreements for the conveyance 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 beginning 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 regulations,
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.
``(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:
``Sec. 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, distinguishes 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;
``(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:
``Sec. 492b. Distinguished flying cross'';
and
(2) by inserting after section 492 the following new section:
``Sec. 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,
distinguished 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.''.
(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 JURISDICTION.
Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33
U.S.C. 471) is amended--
(1) by striking ``That the'' and inserting the 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 separate
violation. The''; and
(3) by adding at the end the following:
``(b) Definition.--As used in this section `navigable waters of the
United States' includes all waters of the 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 Secretary,
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 committed
and, with respect to the violator, the degree of culpability, any
history of prior offenses, ability to pay, and other matters that
justice requires.
``(3) Treatment of civil penalty assessment.--Assessment 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 determination 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'';
(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.''.
(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:
``Sec. 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 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 document can
be completed entirely by mail; and
(2) a report on the feasibility of, and a timeline to, redesign
the merchant mariner document to comply with the requirements of
such section, including a biometric identifier, and all relevant
international conventions, including the International Labour
Organization Convention Number 185 concerning 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 conjunction 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 DEVELOPMENT.
(a) In General.--Notwithstanding section 12111(d) of title 46,
United States Code, foreign-flag vessels may be chartered by, or on
behalf of, a lessee to be employed for the setting, relocation, or
recovery of anchors or other mooring equipment of a mobile offshore
drilling unit that is located over the Outer Continental Shelf (as
defined in section 2(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(a)) for operations in support of exploration, or flow-
testing and stimulation of wells, for offshore mineral or energy
resources in the Beaufort Sea or the Chukchi Sea adjacent to Alaska--
(1) for a 1-year period from the date the lessee gives the
Secretary of Transportation written notice of the commencement of
such exploration drilling if 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 suitable
vessels are employed in support of such operations; and
(2) for an additional period until such vessels are available
if the Secretary of Transportation 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 commitment
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 construed
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 coordinated 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;
(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 Transportation
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 necessary to carry out
the purpose of this section.
(d) Agreements and Contracts.--The Secretary of the department in
which the Coast Guard is operating may, subject to the availability of
appropriations, enter into 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 navigation 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 nongovernmental,
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 inflation) 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 operation
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 Foundation; and
(B) conduct a comprehensive analysis of the impact on all
Coast Guard activities, including operations, maintenance,
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 enactment
of this Act, the Secretary of the department in which 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 Transportation 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 enforcement, and maritime commerce,
whichever occurs later, the Commandant of the Coast Guard shall submit
a report containing the results of the study, 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 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:
``Sec. 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 subsection (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 certification
and must have at least 10 years experience in an acquisition
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
acquisition; or
``(E) any other acquisition position of significant
responsibility 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).
``(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 functions 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 missions 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 considering 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 acquisition
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 requirements 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, 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 Commandant 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
``Sec. 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.
``Sec. 562. Improvements in Coast Guard acquisition management
``(a) Project or Program Managers.--
``(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, responsibilities, tenure, and
accountability of program and project managers 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 management positions;
``(B) authorities available to project or program managers,
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
educational 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;
``(v) the templates and tools that will be used to
support improved data gathering and analysis for project
and program management and oversight purposes, including
the metrics that will be utilized to assess the
effectiveness of Coast Guard project or program managers in
managing systems acquisition efforts; and
``(vi) the methods by which the accountability of
project or program managers for the results of acquisition
projects and programs will be increased.
``(c) Acquisition Workforce.--
``(1) In general.--The Commandant shall designate a sufficient
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 functions:
``(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
development.
``(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 acquisition 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 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 Commandant 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 education, 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.
``Sec. 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
recognition 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 program.
``(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.
``Sec. 564. Prohibition on use of lead systems integrators
``(a) In General.--
``(1) Use of lead systems integrator.--Except as provided in
subsection (b), the Commandant may not use a private sector entity
as a lead systems integrator for an acquisition contract awarded or
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 otherwise excepted in accordance with
Federal acquisition laws and regulations promulgated under those
laws, including the Federal 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 modernization
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 Commandant uses
a private sector lead systems integrator for an acquisition, the
Commandant shall notify in writing the appropriate congressional
committees of the Commandant's determination 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 shipyard. For purposes of that comparison, the cost
of award directly to a manufacturer or shipyard shall include the
costs of Government contract management and oversight.
``(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.
``Sec. 565. Required contract terms
``(a) In General.--The Commandant shall ensure that a contract
awarded or a delivery order or task order issued for an acquisition of
a capability or an asset with an 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
capability or asset under such contract, delivery order, or task
order, respectively, will be conducted by the Commandant or an
independent third party, and that self-certification by a
contractor or subcontractor is not allowed;
``(2) provides that the Commandant shall maintain the authority
to establish, approve, and maintain technical requirements;
``(3) requires that any measurement of contractor and
subcontractor performance be based on the status of all work
performed, including the extent to which the work performed met all
performance, cost, and schedule requirements;
``(4) specifies that, for the acquisition or upgrade of air,
surface, or shore capabilities and assets for which compliance with
TEMPEST certification is a requirement, the standard for
determining such compliance will be the air, surface, or 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 modification,
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 maintain
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.
``Sec. 566. Department of Defense consultation
``(a) In General.--The Commandant shall make arrangements as
appropriate with the Secretary of Defense for support in contracting
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
``(3) the temporary assignment or exchange of personnel between
the Coast Guard and the Office of the Assistant Secretary of the
Navy for Research, Development, and Acquisition, including Naval
Systems Command, to facilitate the development 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 acquisition
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.
``Sec. 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 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, specifications, 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 transportation
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 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.
``Sec. 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 Commandant to
be in the best interest of the Government.
``(b) Excessive Pass-Through Charge Defined.--In this section the
term `excessive pass-through charge', with respect to a contractor or
subcontractor that adds no, or negligible, value to a contract or
subcontract, means a 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 subsection
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.
``Sec. 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 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 personally 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 contractors.
``(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 official'
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
``Sec. 571. Identification of major system acquisitions
``(a) In General.--
``(1) Support mechanisms.--The Commandant shall develop and
implement mechanisms to support the establishment 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 subsection (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 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 affordability
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 program.
``Sec. 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
capability or asset to be acquired in the concept and technology
development phase of the acquisition process for the capability or
asset.
``(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 variables;
``(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 development
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 associated
with such estimated costs;
``(iii) an examination of likely operating and support
costs and the levels of uncertainty associated with such
estimated costs;
``(iv) if they are likely to be significant, an
examination 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 development 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
subsystem-level design and development, including performance
and supportability, have been sufficiently proven before the
capability, asset, or subsystem of the capability or asset is
approved for production; and
``(B) require that adequate developmental tests and
evaluations and operational tests and evaluations established
under subparagraph (A) are performed to inform production
decisions.
``(3) Other components of the master plan.--At a minimum, 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
addition 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 performed,
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 acquisition
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 milestone
decision is concluded and the project or program enters a new
acquisition phase.
``Sec. 573. Preliminary development and demonstration
``(a) In General.--The Commandant shall ensure that developmental
test and evaluation, operational test and evaluation, life-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 requirements,
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 Commandant 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.
``(5) Asset already in low, initial, or full-rate production.--
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 Commandant shall--
``(A) notify the program manager and the Chief Acquisition
Officer of the safety concern as soon as practicable, but not
later than 30 days after the completion of the test and
evaluation event or activity that identified the safety
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
capabilities 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 previously
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
certification 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 communications
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 TEMPEST
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 enactment 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 Infrastructure of the House
of Representatives and the Committee 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 maintained 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 airworthiness by an
independent third party with expertise in aircraft and aircraft
engine certification before final acceptance.
``Sec. 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
operational 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.
``Sec. 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
performance threshold or parameter under the acquisition program
baseline.
``(b) Content.--The report submitted under subsection (a) shall
include--
``(1) a detailed description of the breach and an explanation
of its cause;
``(2) the projected impact to performance, cost, and schedule;
``(3) an updated acquisition program baseline and the complete
history of changes to the original 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.
``Sec. 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
``Sec. 581. Definitions
``In this chapter:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate.
``(2) Chief acquisition officer.--The term `Chief Acquisition
Officer' means the officer appointed under section 56 of this
title.
``(3) Commandant.--The term `Commandant' means the Commandant
of the Coast Guard.
``(4) Level 1 acquisition.--The term `Level 1 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 operations
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--
``(A) the testing of a capability or asset and the
subsystems of the capability or asset to determine whether they
meet all contractual performance requirements, including
technical performance requirements, supportability
requirements, and interoperability requirements and related
specifications; and
``(B) the evaluation of the results of such testing.
``(10) Operational test and evaluation.--The term `operational
test and evaluation' means--
``(A) the testing of a capability or asset and the
subsystems of the capability or asset, under conditions similar
to those in which the capability or asset and subsystems will
actually be deployed, 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 congressional 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 strengthening
measures for National Security Cutters 1 and 2; and
(3) a description of any operational restrictions that would
have to be applied to either National Security Cutter 1 or 2 if the
proposed hull strengthening measures were not implemented on either
cutter.
(b) Appropriate Congressional Committees.--In this section the term
``appropriate congressional committees'' means the Committees on
Transportation and Infrastructure and Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING 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
(2) use the authorities in such sections to recruit and appoint
highly qualified persons directly to positions so designated.
(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 designated
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:
``Sec. 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 appointments.
``(3) (A) Except as provided in subparagraph (B), one of the vice
admirals designated under paragraph (1) must have at least 10 years
experience in vessel inspection, marine casualty investigations,
mariner licensing, or an equivalent technical expertise in the design
and construction of 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.
``(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
hospitalization 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
position or office.''.
(b) Repeal.--Section 50a of such title is repealed.
(c) Conforming Amendments.--Section 51 of such title is amended--
(1) by striking subsections (a), (b), and (c) and 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
2\1/2\ 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 2\1/2\ 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:
``Sec. 47. Vice commandant; appointment''.
(2) The section caption for section 52 of title 14, United
States Code, is amended to read as follows:
``Sec. 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:
``Sec. 57. Prevention and response workforces
``(a) Career Paths.--The Secretary, acting through the Commandant,
shall ensure that appropriate career paths for civilian and military
Coast Guard personnel who wish to pursue career paths in prevention or
response positions are identified in terms of the education, training,
experience, and assignments necessary for career progression of
civilians and members of the Armed Forces to the most senior prevention
or response positions, as appropriate. The Secretary shall make
available published information on such career paths.
``(b) Qualifications for Certain Assignments.--An officer, member,
or civilian employee of the Coast Guard 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
factors, and documentation using best investigation practices by
Federal and non-Federal entities; or
``(3) marine safety engineer shall have knowledge, skill, and
practical experience in--
``(A) the construction and operation of commercial vessels;
``(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 guidance 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 Commandant,
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 workload.
``(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 workload.
``(f) Sector Chief of Prevention.--There shall be in each Coast
Guard sector a Chief of Prevention who shall be at least a Lieutenant
Commander or civilian employee within the grade GS-13 of the General
Schedule, and who shall be a--
``(1) marine inspector, qualified to inspect vessels, vessel
systems, and equipment commonly found in the sector; and
``(2) qualified marine casualty investigator or marine safety
engineer.
``(g) Signatories of Letter of Qualification for Certain Prevention
Personnel.--Each individual signing a letter of qualification for
marine safety personnel must hold a letter of qualification for the
type being certified.
``(h) Sector Chief of Response.--There shall be in each Coast Guard
sector a Chief of Response who shall be at least a Lieutenant Commander
or civilian employee within the grade GS-13 of the General Schedule in
each Coast Guard sector.
``Sec. 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 Authorized.--The
Commandant may enter into an agreement with an appropriate official of
an institution of higher education to--
``(1) provide for joint operation of a center; and
``(2) provide necessary administrative services for a center,
including administration and allocation of funds.
``(d) Acceptance of Donations.--
``(1) Except as provided in paragraph (2), the 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 individual.
``(2) The Commandant may not accept a donation under paragraph
(1) if the acceptance of the donation would compromise or appear to
compromise--
``(A) the ability of the Coast Guard or the 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 setting
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).
``Sec. 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 submission
each year of the President's budget request under section 1105 of title
31, the Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
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 beginning of
such chapter is further amended by adding at the end the following new
items:
``57. Prevention and response workforces.
``58. Centers of expertise for Coast Guard prevention and response.
``59. Marine industry training programs.''.
SEC. 522. MARINE SAFETY MISSION PRIORITIES AND LONG-TERM GOALS.
(a) In General.--Chapter 21 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 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.
``(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
semiannually, the Coast Guard Commandant shall assess the progress
of the Coast Guard toward achieving the goals set forth in
subsection (b). The Commandant shall convey the Commandant's
assessment to the 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 Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
``(A) on the performance of the marine safety program in
achieving the goals of the marine safety strategy and annual
plan under subsection (a) for the year covered by the report;
``(B) on the program's mission performance in achieving
numerical measurable goals established under subsection (b);
and
``(C) recommendations on how to improve 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:
``(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
Commandant's duties and responsibilities with regard to marine safety,
the individual with the highest rank who meets the experience
qualifications set forth in section 50(a)(3) shall serve as the
principal advisor to the Commandant 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
associated equipment;
``(3) the reporting and investigation of marine casualties and
accidents;
``(4) the licensing, certification, documentation, protection
and relief of merchant seamen;
``(5) suspension and revocation of licenses and certificates;
``(6) enforcement of manning requirements, 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:
``Sec. 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 environment, shall--
``(1) be a qualified specialist with the training, experience,
and qualifications in marine safety to effectively judge the facts
and circumstances involved in the appeal and make a judgment
regarding the merits of the appeal; or
``(2) have a senior staff member who--
``(A) meets the requirements of paragraph (1);
``(B) actively advises the individual 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:
``Sec. 200. Marine safety curriculum
``The Commandant of the Coast Guard shall ensure that professional
courses of study in marine safety are provided at the Coast Guard
Academy, and during other officer accession programs, to give Coast
Guard cadets and other officer candidates a background and
understanding of the marine safety program. These courses may include
such topics as program history, vessel design and construction, vessel
inspection, casualty investigation, and administrative law and
regulations.''.
(b) Clerical Amendment.--The analysis for such chapter is further
amended by adding at the end the 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
replacement vessel under section 208(g) of the American
Fisheries Act (title II of division C of Public Law 105-277;
112 Stat. 2681-627) and is eligible for a fishery endorsement
under this section; or
``(D) the vessel is a fish tender vessel that is not
engaged in the harvesting or processing of fish.''.
(b) Conforming Amendments.--
(1) Vessel rebuilding and replacement.--Section 208(g) of the
American Fisheries Act (title II of division C of Public Law 105-
277; 112 Stat. 2681-627) is amended to read as follows:
``(g) Vessel Rebuilding and Replacement.--
``(1) In general.--
``(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 subsection as the
vessel being rebuilt or replaced.
``(C) Transfer of permits and licenses.--Each fishing
permit and license held by the owner of a vessel or vessels to
be rebuilt or replaced under subparagraph (A) shall be
transferred to the rebuilt or replacement vessel or its owner,
as necessary to permit such rebuilt or replacement vessel to
operate in the same manner as the vessel prior to the
rebuilding or the vessel it replaced, respectively.
``(2) Recommendations of north pacific fishery management
council.--The North Pacific Fishery Management Council may
recommend for approval by the Secretary such conservation and
management measures, including size limits and measures to control
fishing capacity, in accordance with the Magnuson-Stevens Act as it
considers 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 vessels.--
``(A) In general.--Notwithstanding the requirements of
subsections (b)(2), (c)(1), and (c)(2) of section 12113 of
title 46, United States Code, a vessel that is eligible under
subsection (a), (b), (c), or (e) and that qualifies to be
documented with a fishery endorsement pursuant to section
213(g) may be replaced with a replacement vessel under
paragraph (1) if the vessel that is replaced is validly
documented with a fishery endorsement pursuant to section
213(g) before the replacement vessel is documented with a
fishery endorsement under section 12113 of title 46, United
States Code.
``(B) Applicability.--A replacement 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 paragraph
(1), the Secretary shall prohibit from participation in the
groundfish fisheries of the Gulf of Alaska any vessel that is
rebuilt or replaced under this subsection and that exceeds the
maximum length overall specified on the license that authorizes
fishing for groundfish pursuant to the license limitation program
under part 679 of title 50, Code of Federal Regulations, as in
effect on the date of enactment of the Coast Guard Authorization
Act of 2010.
``(7) Authority of pacific council.--Nothing in this section
shall be construed to diminish or otherwise affect the authority of
the Pacific Council to recommend to the Secretary conservation and
management measures to protect fisheries under its jurisdiction
(including the Pacific whiting fishery) and participants in such
fisheries from adverse impacts caused by this Act.''.
(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 purposes of
determining the aggregate percentage of directed fishing
allowances under paragraph (1), when a catcher 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 determination
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 Authorization 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 participate 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 official number
651751), NORDIC EXPLORER (United States official number
678234), and PROVIDIAN (United States official number
1062183) ineligible for a fishery endorsement or any permit
necessary to participate in any fishery under the authority
of the New England Fishery Management Council or the Mid-
Atlantic Fishery Management Council established,
respectively, under subparagraphs (A) and (B) of section
302(a)(1) of the Magnuson-Stevens Act; or
``(ii) to allow the vessels referred to in clause (i)
to participate in any fishery under the authority of the
Councils referred to in clause (i) in any manner that is
not consistent with the fishery management plan for the
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 Committee on
Transportation and Infrastructure of the House of Representatives 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--
(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 subparagraph
(A), by striking ``documented'';
(B) in paragraph (1)(A), by striking ``the Boundary Line''
and inserting ``3 nautical miles from the baseline from which
the territorial sea of the United States is measured or beyond
3 nautical miles from the coastline of the Great Lakes'';
(C) in paragraph (2)(B), by striking ``lifeboats or
liferafts'' and inserting ``a survival craft that ensures that
no part of an individual is immersed in water'';
(D) in paragraph (2)(D), by inserting ``marine'' before
``radio'';
(E) in paragraph (2)(E), by striking ``radar reflectors,
nautical charts, and anchors'' and inserting ``nautical charts,
and publications'';
(F) in paragraph (2)(F), by striking ``, including medicine
chests'' and inserting ``and medical supplies sufficient for
the size and area of operation of the vessel''; and
(G) by amending paragraph (2)(G) to read as follows:
``(G) ground tackle sufficient for the vessel.'';
(3) by amending subsection (f) to read as follows:
``(f) To ensure compliance with the requirements of this chapter,
the Secretary--
``(1) shall require the individual in charge of a 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
subsection (b) at least once every 2 years, and shall issue a
certificate of compliance to a vessel meeting the requirements of
this chapter.''; and
(4) by adding at the end the following:
``(g)(1) The individual in charge of a vessel described in
subsection (b) must pass a training program approved by the Secretary
that meets the requirements in 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
communicate 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.
``(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 recreational vessels
under section 4302, if--
``(1) subsection (b) of this section applies to the vessel;
``(2) the vessel is less than 50 feet overall in length; and
``(3) the vessel is built after January 1, 2010.
``(i)(1) The Secretary shall establish a Fishing Safety Training
Grants Program to provide funding to municipalities, port authorities,
other appropriate public entities, not-for-profit organizations, and
other qualified persons that provide commercial fishing safety
training--
``(A) to conduct fishing vessel safety training for vessel
operators and crewmembers that--
``(i) in the case of vessel operators, meets the
requirements of subsection (g); and
``(ii) in the case of crewmembers, meets the requirements
of subsection (g)(2)(A), such requirements of subsection
(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, members of
non-profit organizations and businesses involved in fishing and
maritime matters, and other persons with expertise in fishing safety,
to conduct research on methods of improving the safety of the
commercial fishing industry, including vessel design, emergency 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.--
(1) Change of name.--Section 4508 of title 46, United States
Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 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
semicolon at the end;
(iv) in clause (iv), by striking the period at the end
and inserting ``; and''; and
(v) by adding at the end the following new clause:
``(v) owners of vessels to which this chapter applies.''.
(3) Termination.--Section 4508(e)(1) of that title is amended
by striking ``September 30, 2010.'' and inserting ``September 30,
2020.''.
(4) Clerical amendment.--The table of 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.--Section
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:
``(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 compliance
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:
``Sec. 4503. Fishing, fish tender, and fish processing vessel
certification'';
(B) in subsection (a) by striking ``fish processing''; and
(C) by adding at the end the following:
``(c) This section applies to a vessel to which section 4502(b) of
this title applies that is at least 50 feet overall in length and 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.''.
(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:
``Sec. 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 beginning of
such chapter is amended by adding at the end the following:
``11304. Additional logbook and entry requirements.''.
SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS.
(a) In General.--Chapter 21 of title 46, United States Code, is
further amended by adding at the end the following new sections:
``Sec. 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 hazardous 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.
``Sec. 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 technology
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 beginning of
such chapter is further amended by adding at the end the following:
``2117. Termination for unsafe operation.
``2118. Establishment of equipment standards.''.
SEC. 609. APPROVAL OF SURVIVAL CRAFT.
(a) In General.--Chapter 31 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 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 beginning of
such chapter is amended by adding at the end the following:
``3104. Survival craft.''.
SEC. 610. SAFETY MANAGEMENT.
(a) Vessels to Which Requirements Apply.--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 prescribed
by the Secretary based on the number of individuals on the vessel
that could be killed or injured in a marine casualty.'';
(4) in subsection (d), as so redesignated, by striking
``subsection (b)'' and inserting ``subsection (c)''; and
(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
semicolon;
(2) in subsection (a)(1)(B), by striking the period at the end
and inserting a semicolon;
(3) by adding at the end of subsection (a)(1) the following new
subparagraphs:
``(C) the seaman testified in a proceeding brought to enforce a
maritime safety law or regulation prescribed under that law;
``(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 the
same manner as a complaint may be filed under subsection (b) of section
31105 of title 49. Such complaint shall be subject to the procedures,
requirements, and rights described in that section, including with
respect to the right to file an objection, the right of a person to
file for a petition for review under subsection (c) of that section,
and the requirement to bring a civil action under subsection (d) of
that section.''.
(b) Existing Actions.--This section shall not affect the
application of section 2114(b) of title 46, United States Code, as in
effect before the date of enactment of this Act, to an action filed
under that section before that date.
SEC. 612. OIL FUEL TANK PROTECTION.
Section 3306 of title 46, United States Code, is amended by adding
at the end the following new subsection:
``(k)(1) Each vessel of the United States that is 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 Mariners'
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 previously issued merchant
mariner's document, whichever is later.''.
(b) Duration of Licenses.--Section 7106 of such title is amended to
read as follows:
``Sec. 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 previously issued
merchant mariner's document, whichever is later.''.
(c) Certificates of Registry.--Section 7107 of such title is
amended to read as follows:
``Sec. 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 continuous
possession by the holder of a license as a medical doctor or registered
nurse, respectively, issued by a State.
``(b) Advance Renewals.--A renewed certificate of registry issued
under this part may be issued up to 8 months in advance but is not
effective until the date that the previously issued certificate of
registry expires or until the completion of any active suspension or
revocation of that previously issued merchant mariner's document,
whichever is later.''.
SEC. 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:
``Sec. 7507. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
``(a) Licenses and Certificates of Registry.--Notwithstanding
sections 7106 and 7107, the Secretary of the department in which the
Coast Guard is operating may--
``(1) extend for not more than one year an 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 section 7302(g),
the Secretary may--
``(1) extend for not more than one year an expiring merchant
mariner's document issued for an individual under chapter 73 if the
Secretary determines that the extension is required to enable the
Coast Guard to 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 merchant mariner documents.''.
SEC. 616. MERCHANT MARINER ASSISTANCE REPORT.
Not later than 180 days after the date of enactment of this Act,
the Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on 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 application;
(3) providing notice to an applicant of the status of the
pending application, including a process to allow the applicant to
check on the status of the application by electronic means; and
(4) ensuring that all information collected with 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 measured under
section 14302 of this title as prescribed by the Secretary
under section 14104 of this title''.
(B) Exemption.--Section 5209(b)(1) of the Oceans Act of
1992 (Public Law 102-587; 46 U.S.C. 2101 note) is amended by
striking ``vessel.'' and inserting ``vessel of less than 500
gross tons as measured under section 14502, or an alternate
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 mineral 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 production 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 recordkeeping 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 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 Secretary
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 addition 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 promulgating 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 practicable
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 measured 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 possesses 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 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 endorsement
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 subchapters 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 section.
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 Infrastructure 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,
durability, 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.--
(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 conjunction 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, durability
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 Committee.--
Section 18(h) of the Coast Guard Authorization Act of 1991 (Public Law
102-241 as amended by Public Law 104-324) is amended by striking
``September 30, 2010.'' and inserting ``September 30, 2020.''.
(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--
(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 navigation 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 designated 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.
``(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 Secretary 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 Committee.--
(1) In general.--Section 607 of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241; 120 Stat. 556) is
amended--
(A) in subsection (c)(2), by striking ``Not later than 18
months after the date that the 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 following:
``(i) Termination.--The Committee shall terminate 30 days after it
transmits its report, pursuant to subsection (c)(2), but no later than
December 31, 2010, whichever is earlier.''.
(2) Effective date.--The amendments made by this subsection are
deemed to have taken effect as if they were enacted on July 11,
2006.
(3) Charter.--Any charter pertaining to the 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 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 earlier.
(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 earlier.
SEC. 622. DELEGATION OF AUTHORITY.
(a) In General.--Section 3316 of title 46, United States Code, is
amended by adding at the end the following new subsection:
``(d)(1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the Secretary
as meeting acceptable standards for such a society, for a United States
offshore facility, the authority to--
``(A) review and approve plans required for issuing a
certificate of inspection, a certificate of compliance, or any
other certification and related documents issued by the Coast Guard
pursuant to regulations issued under section 30 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356); and
``(B) conduct inspections and examinations.
``(2) The Secretary may make a delegation under paragraph (1) to a
foreign classification society only if--
``(A) the foreign society has offices and 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 conducted 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
temporarily or permanently attached to the seabed or subsoil under
the sea; and
``(B) the term `United States offshore facility' means any
offshore facility, fixed or floating, that dynamically holds
position or is temporarily or 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 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 Transportation 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 rulemaking 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--
(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 environmental
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 preventing
or mitigating transfer spills.
(b) Application With State Laws.--The regulations promulgated 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 determined 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 regulations.
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 Committee on
Commerce, Science, and Transportation and the House Committee on
Transportation and Infrastructure that, using available 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
representatives of industry and labor and experts in the fields of
marine casualties and human factors to address the identified types
of errors and any such gaps in the data.
(b) Measures.--Based on the findings contained in the report
required by subsection (a), the Secretary shall take appropriate action
to reduce the risk of oil spills caused by human error.
(c) Confidentiality of Voluntarily Submitted Information.--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.--
(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 proceeding
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 discoverable
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 Secretary 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 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 management practices
to prevent or reduce pollution from oil spills and other sources;
(3) cooperative oil spill prevention education programs that
promote public understanding of the impacts of spilled oil and
provide useful information and techniques to minimize pollution,
including methods to remove oil and reduce oil contamination of
bilge water, prevent accidental spills during 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 command 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 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 government to
participate in the development of the National Contingency 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 government to
develop the capacity to implement the National Contingency 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 government
will be included as part of the regional response team co-chaired
by the Coast Guard and the Environmental Protection Agency to
establish policies for responding to oil spills;
(4) arrangements for the Coast Guard to provide training of
tribal incident commanders and spill 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 availability
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 Committee 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 subparagraphs
(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;''.
(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 Federal
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
enactment 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 enactment
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 preceding
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).''.
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 analysis
required under this subsection, the Commandant shall consult with
the State of Washington and affected tribal governments.
(3) Recommendations.--Within 18 months after the date of
enactment of this Act, the Commandant shall submit recommendations
based on the analysis required under this subsection 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
agreements for shared funding of spill prevention and response
systems.
(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 promulgated in
accordance with section 3703(a)(3) of title 46, United States
Code, as set forth in part 168 of title 33, Code of Federal
Regulations (as in effect on March 1, 2009) 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 Secretary 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 measures;
(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;
(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 recommendations under
paragraph (1) for a region, the Area Committee shall consult
with affected local, State, and Federal government agencies,
representatives of the fishing industry, Alaska Natives from
the region, the conservation community, and the merchant
shipping and oil transportation industries.
(4) Provision to congress.--The Commandant shall provide a copy
of the assessment to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
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:
``Sec. 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 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 community-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 situational awareness
within the Nation's ports and waterways. Such network shall, to the
extent practicable, be conducted in cooperation with Federal,
State, and local law enforcement agencies.
``(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 Program--
``(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 Program
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 programs within the
Department of Homeland Security to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Homeland Security
of the House of Representatives.
``(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 facilities and vessels
nationwide, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security and the Committee on Transportation and
Infrastructure of the House of 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 technologies
in the maritime sector;
(2) a comprehensive listing of the extent to which established
metrics were achieved during the pilot program; and
(3) an analysis of the viability of those technologies for use
in the maritime environment, including any challenges to
implementing those technologies and strategies for mitigating
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 appropriate,
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 security personnel, members of the
Area Maritime Security Committee, 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:
``Sec. 70106. Deployable, specialized forces
``(a) Establishment.--
``(1) In general.--To enhance the domestic maritime security
capability of the United States, the Secretary shall establish
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 forces capable
of combating terrorism, engaging in interdiction, law enforcement,
and advanced tactical maritime security operations 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
established 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 established
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 EXPANSION.
(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--
(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
assessment 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
measures,''; 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 foreign
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
compliance with applicable International Ship and Port Facility
Code standards; and
``(B) to assist the port or facility in correcting
deficiencies 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 assessment
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;
``(B) may not provide such assistance unless the port or
facility has been subjected to a comprehensive port security
assessment by the Coast Guard; and
``(C) may only lend, lease, or otherwise provide equipment
that the Secretary has first determined is not required by the
Coast Guard for the performance of its missions.''.
(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 strategic 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
subsection (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 territories.''.
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:
``Sec. 70123. Mobile biometric identification
``(a) In General.--Within one year after the date of the enactment
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
identification 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
photography 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 beginning of
such chapter is amended by adding at the end the following:
``70123. Mobile biometric identification.''.
(c) Cost Analysis.--Within 90 days after the date of the enactment
of this Act, the Secretary of the department in which the Coast Guard
is operating shall submit 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 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 environment.
(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 Representatives and the
Committee on Commerce, Science, and Transportation 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 purposes. 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 biometrics,
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.
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
following: ``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 designated
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 especially
hazardous cargo; and
(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, especially 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 Federal,
State, and local law enforcement and industry security
personnel, responsible for waterside security of vessels
carrying, and waterfront facilities handling, especially
hazardous 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 enforcement 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 enforcement
entities are able to meet national standards for training,
equipment, and resources established by the Coast Guard to
ensure that those entities can deter to the maximum extent
practicable a transportation security incident;
(vi) the differences in law enforcement authority, and
particularly boarding 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 equipment
differences between State and local law enforcement
entities and the Coast Guard units engaged in enforcing
Coast Guard-imposed security zones around vessels
transiting to, through, or from United States ports or
conducting 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 protection of any sensitive
security information, proprietary information, or classified
information collected, reviewed, or shared during collaborative
engagement with maritime stakeholders and other Government
entities, except that nothing in this paragraph shall constitute
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 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 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.--
``(1) Enforcement of security zones.--Consistent with other
provisions of Federal law, the Coast Guard shall coordinate 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 practicable, 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 hazardous
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 necessary 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 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.''.
(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 Security Plans under chapter
701 of title 46, United States Code.
(3) Transportation security incident.--The term
``transportation security incident'' has the same meaning as that
term has in section 70101 of title 46, United States Code.
SEC. 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 TRANSPORTATION
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 security
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 Committee on Commerce, Science,
and Transportation of the Senate a report that contains--
(1) a review of background checks and forms of identification
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 duplicate or
conflict with Federal programs; and
(3) recommendations on limiting the number of background checks
and forms of identification required under such programs to reduce
or eliminate duplication with Federal programs.
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 Determination 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 determination, 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 Homeland Security of
the House of Representatives and the Committee 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 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 regulations
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:
``Sec. 70125. Port security training for facility security officers
``(a) Facility Security Officers.--The Secretary shall establish
comprehensive facility security officer training requirements designed
to provide full security training that would lead to certification of
such officers. In establishing the requirements, the Secretary 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 validated
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 hazardous 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;
``(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 nongovernmental
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 Preparedness 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 Security
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 potential
issues with respect to shipments of hazardous and especially
hazardous cargoes.
``(3) A program of continuing education as deemed necessary by
the Secretary.
``(d) Training Partners.--In developing curriculum and delivering
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 appropriate training
capacity to ensure that training can be provided in a geographically
balanced manner to personnel seeking certification under subsection (a)
or education and training under subsection (c).
``(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 development 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 security
system for the facility with compatible systems operated or
maintained by the appropriate State, law enforcement agencies, 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 requirements 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:
``(e) Deployment of Interoperable Communications Equipment at
Interagency Operational Centers.--The Secretary, subject to the
availability of appropriations, shall ensure that interoperable
communications technology is deployed at all interagency operational
centers established under subsection (a) and that such technology and
equipment has been tested in live operational environments 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, conduct 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 provide
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 Representatives
whenever the Secretary conducts 2 or more assessments 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
subparagraphs (F) through (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) establish area response and recovery protocols to prepare
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 enactment
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 Assessment Model that has
been tested by the Department of Homeland Security.
(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 Assessment Model available, in an
unclassified version, on a limited basis to regulated vessels and
facilities to conduct true risk assessments 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
``Sec. 70131. Definitions
``In this subchapter:
``(1) Law enforcement agency.--The term `law enforcement
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.
``Sec. 70132. Credentialing standards, training, and certification for
State and local support for the enforcement of security zones for
the transportation of especially 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--
``(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 subparagraph (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 curriculum for
which is developed pursuant to subparagraph (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 appropriation, 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;
``(2) utilize, as appropriate, government training facilities,
courses provided by community colleges, public safety academies,
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 contents 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 support for the enforcement of security zones for
the transportation of especially 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).
(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 authorized
for the vessel referred to in subparagraph (A) of paragraph (1) is
the transportation of individuals on behalf of an organization
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 compensation.'';
(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 Transportation 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 aquaculture 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 Secretary 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 regulations 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
(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 institution 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.''.
(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 institution 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 ``paragraphs
(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
subparagraphs (C) and (D) of paragraph (2), respectively, and
aligning the left margin of such subparagraphs with the left
margin of subparagraph (A) of paragraph (2);
(6) in section 902(e)(2)(C) (as so redesignated) by striking
``this section'' and inserting ``this 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--
(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 Deepwater
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 subparagraph (L).
(e) Oil Pollution Act of 1990.--
(1) Section 1004(a)(2) of the Oil Pollution Act of 1990 (33
U.S.C. 2704(a)(2)) is amended by striking the first comma following
``$800,000''.
(2) The table of sections in section 2 of such Act is amended
by inserting a period at the end of the item relating to section
7002.
(f) Coast Guard Authorization Act of 1996.--The table of sections
in section 2 of the Coast Guard 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.''.
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 operating on
navigable waters in 2 or more States.''.
SEC. 907. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE
COUNTY, MICHIGAN, TO THE CITY OF MARQUETTE, 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 governing the disposal of
Federal surplus property, to the City of Marquette, Michigan (in
this section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of real property,
together with any improvements thereon, located in Marquette
County, Michigan, that is under the administrative control of the
Coast Guard, consisting 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
identified as Coast Guard Station Marquette and Lighthouse Point.
(2) Costs of conveyance.--The responsibility for all reasonable
and necessary costs, including real estate transaction 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 property
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.
(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 PORTIONS OF
THE RIO GRANDE RIVER, TEXAS, INTERNATIONAL 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 Congress.
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 administrative 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 Uniform
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 reasonable and
necessary costs, including real estate transaction and environmental
documentation costs, associated with the transaction 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 considered 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 operators;
(3) provides for the suspension and revocation of State
licenses;
(4) makes an individual, who is ineligible for a license issued
under title 46, United States Code, 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
requirements; 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 investigated.
(b) Administration.--
(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 subsection (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, pursuant 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
regulations 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
requirements for such operators, or
(IV) background and criminal investigations for
such operators;
(iii) does not provide for the suspension and
revocation of State licenses; or
(iv) does not make an individual, who is ineligible for
a license issued under title 46, United States Code,
ineligible for a State license; or
(B) the Governor (or the Governor's 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 agencies 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 vessels.
(3) An explanation of the Coast Guard's plan, working with
other Federal agencies as appropriate, to detect and interdict 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:
``Sec. 8107. Use of force against piracy
``(a) Limitation on Liability.--An owner, operator, time charterer,
master, mariner, or individual who uses force or authorizes 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.
``(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 coordinated 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 limitations 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, depredation,
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 department 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 subsection
(a)(1) of this section, is amended--
(A) by inserting ``or'' after the semicolon in subparagraph
(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--
(A) by inserting ``or'' after the semicolon in subparagraph
(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 PURPOSES.
(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
restrictions imposed on aircraft and vessels under section
102.37.460 of such title;
(3) to make the vessel available to the United States
Government if it is needed for use by the 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 corporation,
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
(2) provide the information on usage compiled under this
subsection to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee 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 Intracoastal
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 Committee on Commerce, Science, and
Transportation of the Senate. The Commandant may base such
determination on the Waterways 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 pursuant 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 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 navigation,
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 navigation 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 Property.--
Notwithstanding any other provision of law, the Commandant 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.
(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 Commandant 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 providing 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 transferred 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 property
shall pay the United States for costs incurred by the United
States in recovering the Fresnel Lens or personal 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 subparagraph
(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.
``(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
imprisoned 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 compartment,
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 Committee 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 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 bulkhead 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
International 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 International Convention on
Tonnage Measurement of Ships, 1969.
(7) International voyage.--The term ``international voyage''
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 compound 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, corporation,
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
(C) any other government entity.
(10) Secretary.--The term ``Secretary'' means the Secretary 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 territory or
possession over which the United States has jurisdiction.
(15) Use.--The term ``use'' includes application,
reapplication, 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 government
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
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 Convention
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 International 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 determines 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 Certificate
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 subsection (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 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 declaration 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 contractor 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
organisms 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 systems
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 Administrator 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 established
pursuant to subsection (b) and announce the availability 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 availability of the report is
announced in the Federal Register.
(3) Consideration of comments.--To the extent practicable, the
Administrator shall take any comments into consideration 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 pursuant to article 8
of the Convention and to promote the availability of relevant
information concerning--
(1) scientific and technical activities undertaken in
accordance with the Convention;
(2) marine scientific and technological programs and their
objectives; and
(3) the effects observed from any monitoring and assessment
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
prescribed under this title;
(2) to sell or distribute in domestic or international commerce
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,
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 constructed 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
agreement 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,
distribution, or use of organotin or antifouling systems
containing 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 subparagraph (A).
(2) Enforcement.--In the case of refusal to obey a subpoena
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 compliance.
(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 designated by
the Administrator may enter at reasonable times 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 section,
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 investigation; 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 subclause
(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 manufacturer, seller, distributor, or user
has violated or is in violation of any provision of this title, or that
such organotin or other substance 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 Convention 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 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 opportunity
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 prescribed 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 appropriate district
court of the United States.
(g) Compromise, Modification, or Remission.--Before referring 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.
(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 penalties 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 REVOCATION; 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 violation
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.
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.