[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3619 Reported in House (RH)]
Union Calendar No. 170
111th CONGRESS
1st Session
H. R. 3619
[Report No. 111-303, Part I]
To authorize appropriations for the Coast Guard for fiscal year 2010,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2009
Mr. Oberstar (for himself and Mr. Cummings) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
October 16, 2009
Reported from the Committee on Transportation and Infrastructure with
an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
October 16, 2009
Referred to the Committee on Homeland Security for a period ending not
later than October 16, 2009, for consideration of such provisions of
the bill and amendment as fall within the jurisdiction of that
committee pursuant to clause 1(i), rule X
October 16, 2009
Committee on Homeland Security discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
September 22, 2009]
_______________________________________________________________________
A BILL
To authorize appropriations for the Coast Guard for fiscal year 2010,
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.
(a) Short Title.--This Act may be cited as the ``Coast Guard
Authorization Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--COAST GUARD
Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home
(AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Repeal.
Sec. 210. Merchant Mariner Medical Advisory Committee.
Sec. 211. Reserve commissioned warrant officer to lieutenant program.
Sec. 212. Enhanced status quo officer promotion system.
Sec. 213. Laser Training System.
Sec. 214. Coast Guard vessels and aircraft.
Sec. 215. Coast Guard District Ombudsmen.
Sec. 216. Coast Guard commissioned officers: compulsory retirement.
Sec. 217. Enforcement of coastwise trade laws.
Sec. 218. Academy nominations.
Sec. 219. Report on sexual assaults in the Coast Guard.
Sec. 220. Home port of Coast Guard vessels in Guam.
Sec. 221. Minority serving institutions.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Goods and services.
Sec. 302. Seaward extension of anchorage grounds jurisdiction.
Sec. 303. Maritime Drug Law Enforcement Act amendment-simple
possession.
Sec. 304. Technical amendments to tonnage measurement law.
Sec. 305. Adjustment of liability limits for natural gas deepwater
ports.
Sec. 306. Period of limitations for claims against Oil Spill Liability
Trust Fund.
Sec. 307. Merchant mariner document standards.
Sec. 308. Report on Coast Guard determinations.
Sec. 309. Ship emission reduction technology demonstration project.
Sec. 310. Phaseout of vessels supporting oil and gas development.
Sec. 311. Arctic marine shipping assessment implementation.
Sec. 312. Supplemental positioning system.
Sec. 313. Dual escort vessels for double hulled tankers in Prince
William Sound, Alaska.
TITLE IV--GREAT LAKES ICEBREAKER
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Authorization of appropriations.
TITLE V--ACQUISITION REFORM
Sec. 501. Short title.
Sec. 502. Definitions.
Subtitle A--Restrictions on the Use of Lead Systems Integrators
Sec. 511. Procurement structure.
Subtitle B--Coast Guard Acquisition Policy
Sec. 521. Operational requirements.
Sec. 522. Required contract terms.
Sec. 523. Life-cycle cost estimates.
Sec. 524. Test and evaluation.
Sec. 525. Capability standards.
Sec. 526. Acquisition program reports.
Sec. 527. Undefinitized contractual actions.
Sec. 528. Guidance on excessive pass-through charges.
Sec. 529. Acquisition of major capabilities: Alternatives analysis.
Sec. 530. Cost overruns and delays.
Sec. 531. Report on former Coast Guard officials employed by
contractors to the agency.
Sec. 532. Department of Defense consultation.
Subtitle C--Coast Guard Personnel
Sec. 541. Chief Acquisition Officer.
Sec. 542. Improvements in Coast Guard acquisition management.
Sec. 543. Recognition of Coast Guard personnel for excellence in
acquisition.
Sec. 544. Coast Guard acquisition workforce expedited hiring authority.
TITLE VI--MARITIME WORKFORCE DEVELOPMENT
Sec. 601. Short title.
Sec. 602. Maritime education loan program.
TITLE VII--COAST GUARD MODERNIZATION
Sec. 701. Short title.
Subtitle A--Coast Guard Leadership
Sec. 711. Admirals and Vice Admirals.
Subtitle B--Marine Safety Administration
Sec. 721. Marine safety.
Sec. 722. Marine safety staff.
Sec. 723. Marine safety mission priorities and long-term goals.
Sec. 724. Powers and duties.
Sec. 725. Appeals and waivers.
Sec. 726. Coast Guard Academy.
Sec. 727. Report regarding civilian marine inspectors.
TITLE VIII--MARINE SAFETY
Sec. 801. Short title.
Sec. 802. Vessel size limits.
Sec. 803. Cold weather survival training.
Sec. 804. Fishing vessel safety.
Sec. 805. Mariner records.
Sec. 806. Deletion of exemption of license requirement for operators of
certain towing vessels.
Sec. 807. Log books.
Sec. 808. Safe operations and equipment standards.
Sec. 809. Approval of survival craft.
Sec. 810. Safety management.
Sec. 811. Protection against discrimination.
Sec. 812. Oil fuel tank protection.
Sec. 813. Oaths.
Sec. 814. Duration of credentials.
Sec. 815. Fingerprinting.
Sec. 816. Authorization to extend the duration of licenses,
certificates of registry, and merchant
mariners' documents.
Sec. 817. Merchant mariner documentation.
Sec. 818. Merchant mariner assistance report.
Sec. 819. Offshore supply vessels.
Sec. 820. Associated equipment.
Sec. 821. Lifesaving devices on uninspected vessels.
Sec. 822. Study of blended fuels in marine application.
Sec. 823. Renewal of advisory committees.
TITLE IX--CRUISE VESSEL SAFETY
Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Cruise vessel security and safety requirements.
Sec. 904. Study and report on the security needs of passenger vessels.
TITLE X--UNITED STATES MARINER PROTECTION
Sec. 1001. Short title.
Sec. 1002. Use force against piracy.
Sec. 1003. Agreements.
TITLE XI--PORT SECURITY
Sec. 1101. Maritime homeland security public awareness program.
Sec. 1102. Transportation Worker Identification Credential.
Sec. 1103. Review of interagency operational centers.
Sec. 1104. Maritime security response teams.
Sec. 1105. Coast Guard detection canine team program expansion.
Sec. 1106. Coast Guard port assistance program.
Sec. 1107. Maritime biometric identification.
Sec. 1108. Review of potential threats.
Sec. 1109. Port security pilot.
Sec. 1110. Seasonal workers.
Sec. 1111. Comparative risk assessment of vessel-based and facility-
based liquefied natural gas regasification
processes.
Sec. 1112. Pilot Program for fingerprinting of maritime workers.
Sec. 1113. Transportation security cards on vessels.
Sec. 1114. International labor study.
Sec. 1115. Maritime Security Advisory Committees.
Sec. 1116. Seamen's shoreside access.
Sec. 1117. Waterside security around especially hazardous material
terminals and tankers.
Sec. 1118. Review of Liquefied Natural Gas Facilities.
Sec. 1119. Use of secondary authentication for transportation security
cards.
Sec. 1120. Report on State and local law enforcement augmentation of
Coast Guard resources with respect to
security zones and United States ports.
Sec. 1121. Assessment of transportation security card enrollment sites.
TITLE XII--ALIEN SMUGGLING
Sec. 1201. Short title.
Sec. 1202. Findings.
Sec. 1203. Checks against terrorist watchlist.
Sec. 1204. Strengthening prosecution and punishment of alien smugglers.
Sec. 1205. Maritime law enforcement.
Sec. 1206. Amendment to the sentencing guidelines.
TITLE XIII--MISCELLANEOUS PROVISIONS
Sec. 1301. Certificate of documentation for GALLANT LADY.
Sec. 1302. Waivers.
Sec. 1303. Great Lakes Maritime Research Institute.
Sec. 1304. Conveyance of Coast Guard Boat House, Nantucket,
Massachusetts.
Sec. 1305. Crew wages on passenger vessels.
Sec. 1306. Technical corrections.
Sec. 1307. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 1308. Conveyance of Coast Guard HU-25 Falcon Jet aircraft.
Sec. 1309. Decommissioned Coast Guard vessels for Haiti.
Sec. 1310. Phaseout of vessels supporting oil and gas development.
Sec. 1311. Vessel traffic risk assessment.
Sec. 1312. Study of relocation of Coast Guard Sector Buffalo
facilities.
Sec. 1313. Conveyance of Coast Guard vessels to Mississippi.
Sec. 1314. Coast Guard assets for United States Virgin Islands.
Sec. 1315. Officer requirements for distant water tuna vessels.
Sec. 1316. Assessment of needs for additional Coast Guard presence in
high latitude regions.
Sec. 1317. Study of regional response vessel and salvage capability for
Olympic Peninsula coast, Washington.
Sec. 1318. Study of bridges over navigable waters.
Sec. 1319. Limitation on jurisdiction of States to tax certain seamen.
Sec. 1320. Decommissioned Coast Guard vessels for Bermuda.
Sec. 1321. Conveyance of Coast Guard vessels to Nassau County, New
York.
Sec. 1322. Newtown Creek, New York City, New York.
Sec. 1323. Land conveyance, Coast Guard property in Marquette County,
Michigan, to the City of Marquette,
Michigan.
Sec. 1324. Mission requirement analysis for navigable portions of the
Rio Grande River, Texas, international
water boundary.
Sec. 1325. Conveyance of Coast Guard property in Cheboygan, Michigan.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2010 for
necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$6,838,291,000, of which--
(A) $24,500,000 is authorized to be derived from
the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5));
(B) $1,110,923,000 shall be available only for
paying for search and rescue programs;
(C) $802,423,000 shall be available only for paying
for marine safety programs; and
(D) $2,274,312,000 shall be available only for
paying for ports, waterways, and coastal security.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,597,580,000, 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) $1,194,780,000 is authorized for the Integrated
Deepwater System Program; and
(C) $45,000,000 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, $29,745,000, to
remain available until expended, of which $500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of 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, $1,361,245,000, 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), $13,198,000, to remain
available until expended.
(7) For the Coast Guard Reserve program, including
personnel and training costs, equipment, and services,
$133,632,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 47,000 for the fiscal year
ending on September 30, 2010.
(b) Military Training Student Loads.--For fiscal year 2010, the
Coast Guard is authorized average military training student loads as
follows:
(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.''.
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 6,700; 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, classification, and port state or flag state law
enforcement or oversight.''.
SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by inserting after section 425 the following:
``Sec. 426. Emergency leave retention authority
``With regard to a member of the Coast Guard who serves on active
duty, a duty assignment in support of a declaration of a major disaster
or emergency by the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be
treated, for the purpose of section 701(f)(2) of title 10, a duty
assignment in support of a contingency operation.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 425 the following new
item:
``426. Emergency leave retention authority.''.
SEC. 208. ENFORCEMENT AUTHORITY.
(a) In General.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``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.--The first section added to title 46, United
States Code, by the amendment made by subsection (a) of section 801 of
the Coast Guard and Maritime Transportation Act of 2004 (118 Stat.
1078), and the item relating to such first section enacted by the
amendment made by subsection (b) of such section 801, are repealed.
(c) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``99. Enforcement authority.''.
SEC. 209. REPEAL.
Section 216 of title 14, United States Code, and the item relating
to such section in the analysis for chapter 11 of such title, are
repealed.
SEC. 210. MERCHANT MARINER MEDICAL ADVISORY 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 merchant mariner credentials;
``(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
three years, except that, of the members first appointed, three
members shall be appointed for a term of two years and three
members shall be appointed for a term of one year.
``(3) Vacancies.--Any member appointed to fill the vacancy
prior to the expiration of the term for which that member's
predecessor was appointed shall be appointed for the remainder
of that term.
``(d) Chairman and Vice Chairman.--The Secretary shall designate
one member of the Committee as the 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
existing text;
(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. LASER TRAINING SYSTEM.
(a) In General.--Within one year after the date of enactment of
this Act, the Secretary of the department in which the Coast Guard
shall test an integrated laser engagement system for the training of
members of the Coast Guard assigned to small vessels in the use of
individual weapons and machine guns on those vessels. The test shall be
conducted on vessels on the Great Lakes using similar laser equipment
used by other Federal agencies. However, that equipment shall be
adapted for use in the marine environment.
(b) Report.--The Secretary shall submit a report to the Committee
on Transportation and Infrastructure and the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate within 6 months after the
conclusions of the test required under subsection (a) on the costs and
benefits of using the system regionally and nationwide to train members
of the Coast Guard in the use of individual weapons and machine guns.
SEC. 214. COAST GUARD VESSELS AND AIRCRAFT.
(a) Authority To Fire At or Into a Vessel.--Section 637(c) of title
14, United States Code, is amended--
(1) in paragraph (1), by striking ``; or'' and 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. 215. COAST GUARD DISTRICT OMBUDSMEN.
(a) In General.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following new section:
``Sec. 55. District Ombudsmen
``(a) In General.--The Commandant shall appoint an employee of the
Coast Guard in each Coast Guard District as 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
compliant.
``(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 a civilian who has experience in port and transportation
systems and knowledge of port operations or of maritime commerce (or
both).
``(e) Annual Reports.--The Secretary shall report annually to the
Committee on Transportation and 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. 216. 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. 217. ENFORCEMENT OF COASTWISE TRADE LAWS.
(a) In General.--Chapter 5 of title 14, United States Code, is
further amended by adding at the end the following:
``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, including the
application of those laws to vessels that support the exploration,
development, and production of oil, gas, or mineral resources in the
Gulf of Mexico.''.
(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
one year after the date of enactment of this Act on the enforcement
strategies and enforcement actions taken to enforce the coastwise trade
laws.
SEC. 218. ACADEMY NOMINATIONS.
(a) Appointment.--Section 182(a) of title 14, United States Code,
is amended to read as follows:
``(a) Corps of Cadets; Number; Nomination.--
``(1) The authorized strength of the Corps of Cadets
(determined for any academic program year as of the day before
the last day of the academic program year) is 1,000, excluding
those foreign nationals admitted for instructions pursuant to
section 195. Subject to that limitation, cadets are selected as
follows:
``(A) Not more than 10 individuals, appointed by
the Secretary of Homeland Security, in order of merit
as established by competitive examination, from the
children of members of the Armed Forces who were killed
in action or died of, or have a service-connected
disability at not less than 100 per centum resulting
from, wounds or injuries received or diseases
contracted in, or preexisting injury or disease
aggravated by, active service, children of members who
are in a `missing status' (as defined in section 551(2)
of title 37), and children of civilian employees who
are in `missing status' (as defined in section 5561(5)
of title 5). The determination of the Department of
Veterans Affairs as to service connection of the cause
of death or disability is rated, is binding upon the
Secretary.
``(B) Not less than one, nominated at large by the
Vice President or, if there is no Vice President, by
the President pro tempore of the Senate.
``(C) Not less than one, nominated by each Senator.
``(D) Not less than one, nominated by each
Representative in Congress.
``(E) Not less than one, nominated by the Delegate
to the House of Representatives from the District of
Columbia, the Delegate in Congress from the Virgin
Islands, the Resident Commissioner from Puerto Rico,
the Delegate in Congress from Guam, the Delegate in
Congress from American Samoa, or the Resident
Representative from the Commonwealth of the Northern
Mariana Islands.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner and the Resident
Representative, is entitled to nominate 10 persons each year.
Cadets who do not graduate on time shall not count against the
allocations pursuant to subparagraphs (B)-(E). Nominees may be
submitted without ranking or with a principal candidate and 9
ranked or unranked alternates. A nominee not selected for
appointment under this paragraph shall be considered an
alternate for the purposes of appointment under paragraph (2).
``(2) The Secretary may appoint, each academic program
year, individuals who are either--
``(A) alternates nominated pursuant to paragraph
(1) (C), (D), or (E); or
``(B) applicants who applied directly for
admission.
``(3) In addition, the Secretary may appoint, each academic
program year, individuals who are--
``(A) children of members of the Armed Forces who--
``(i) are on active duty (other than for
training) and who have served continuously on
active duty for at least eight years;
``(ii) are, or who died while they were,
retired with pay or granted retired or retainer
pay;
``(iii) are serving as members of reserve
components and are credited with at least eight
years of service;
``(iv) would be, or who died while they
would have been, entitled to retired pay,
except for not having attained 60 years of age;
or
``(v) have been awarded the Medal of Honor;
the total number of whom cannot exceed 5 percent of the
class to be admitted; however, a person who is eligible
for selection under subsection (a)(1)(A) may not be
selected under this subparagraph;
``(B) enlisted members of the Coast Guard or the
Coast Guard Reserve, the total number of whom cannot
exceed 5 percent of the class to be admitted;
``(C) graduates of the Coast Guard Scholars
program, the total number of whom cannot exceed 30
percent of the class to be admitted; and
``(D) individuals who possess qualities that the
Superintendent identifies to be of particular value to
the Academy and the Service, the total number of whom
cannot exceed 20 percent of the class to be admitted.
``(4) An individual shall be qualified for nomination,
selection, and appointment as a cadet at the Academy only if
the individual--
``(A) is a citizen or national of the United
States; and
``(B) meets such minimum requirements that the
Secretary may establish.
``(5) The Superintendent shall furnish to any Member of
Congress, upon the written request of such Member, the name of
the Congressman or other nominating authority responsible for
the nomination of any named or identified person for
appointment to the Academy.
``(6) For purposes of the limitation in subsection (a)(1)
establishing the aggregate authorized strength of the Corps of
Cadets, the Secretary may, for any academic program year,
permit a variance in that limitation by not more than 5
percent. In applying that limitation, and any such variance,
the last day of an academic program year shall be considered to
be graduation day.''.
(b) Transition.--This section shall provide for the nomination,
selection, and appointment of individuals, pursuant to section 182 of
title 14, United States Code, who will matriculate in academic program
year 2012 and thereafter, except that for--
(1) academic program year 2012, no less than 135 cadets of
the corps (or 14 percent of the corps, whichever is smaller)
shall be from nominations made pursuant to section
182(a)(1)(B)-(E);
(2) academic program year 2013, no less than 270 cadets of
the corps (or 27 percent of the corps, whichever is smaller)
shall be from nominations made pursuant to section
182(a)(1)(B)-(E); and
(3) academic program year 2014, no less than 405 cadets of
the corps (or 41 percent of the corps, which ever is smaller)
shall be from nominations made pursuant to section
182(a)(1)(B)-(E).
The Secretary is hereby authorized to take any additional action the
Secretary believes necessary and proper to provide for the transition
to the nomination, selection, and appointment process provided under
this section.
(c) Minority Recruiting Program.--
(1) In general.--Chapter 9 of title 14, United States Code,
is amended by adding at the end the following new section:
``Sec. 199. Minority recruiting program
``The Secretary of the department in which the Coast Guard is
operating shall establish a minority recruiting program for prospective
cadets at the Coast Guard Academy. The program may include--
``(1) use of minority cadets and officers to provide
information regarding the Coast Guard and the Academy to
students in high schools;
``(2) sponsoring of trips to high school teachers and
guidance counselors to the Academy;
``(3) to the extent authorized by the Secretary of the
Navy, maximizing the use of the Naval Academy Preparatory
School to prepare students to be cadets at the Coast Guard
Academy;
``(4) recruiting minority members of the Coast Guard to
attend the Academy;
``(5) establishment of a minority affairs office at the
Academy; and
``(6) use of minority officers and members of the Coast
Guard Reserve and Auxiliary to promote the Academy.''.
(2) Clerical amendment.--The table of sections for that
chapter is amended by adding at the end the following new item:
``199. Minority recruiting program.''.
SEC. 219. REPORT ON SEXUAL ASSAULTS IN THE COAST GUARD.
(a) In General.--Not later than January 15 of each year, the
Commandant of the Coast Guard shall submit a report on the sexual
assaults involving members of the Coast Guard to the Committee on
Transportation and Infrastructure 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. 220. 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. 221. MINORITY SERVING INSTITUTIONS.
(a) MSI Management Internship Program.--
(1) Establishment and purpose.--The Commandant of the Coast
Guard shall establish a two part management internship program
for students at minority serving institutions (MSI) to intern
at Coast Guard headquarters or a Coast Guard regional office,
to be known as the ``MSI Management Internship Program'', to
develop a cadre of civilian, career mid-level and senior
managers for the Coast Guard.
(2) Operation.--The MSI Management Internship Program shall
be managed by the Secretary of Homeland Security, acting
through the Commandant of the Coast Guard, in coordination with
National Association for Equal Opportunity in Higher Education,
the Hispanic Association of Colleges and Universities, and the
American Indian Higher Education Consortium and other non-
profit educational organizations that can undertake effective
recruitment efforts to attract minority students and students
with disabilities.
(3) Criteria for selection.--Participation in the MSI
Management Internship Program shall be open to sophomores,
juniors, and seniors at minority serving institutions, with an
emphasis on such students who are majoring in management or
business administration, international affairs, political
science, marine sciences, criminal justice, or any other major
related to homeland security.
(4) Authorization of appropriations.--There are authorized
to be appropriated $2,000,000 to the Commandant to carry out
this subsection.
(b) MSI Initiatives.--
(1) Establishment of msi student pre-commissioning
initiative.--The Commandant of the Coast Guard shall establish
an MSI component of the College Student Pre-Commissioning
Initiative (to be known as the ``MSI Student Pre-Commissioning
Initiative Program'') to ensure greater participation by
students from MSIs in the College Student Pre-Commissioning
Initiative.
(2) Participation in officer candidate school.--The
Commandant of the Coast Guard shall ensure that graduates of
the MSI Student Pre-Commissioning Initiative Program are
included in the first enrollment for Officer Candidate School
that commences after the date of enactment of this Act and each
enrollment period thereafter.
(3) Reports.--Not later than 90 days after the conclusion
of each academic year with respect to which the College Student
Pre-Commissioning Initiative and the MSI Student Pre-
Commissioning Initiative Program is carried out beginning with
the first full academic year after the date of the enactment of
this Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security of the House of Representatives and the Committee on
Commerce of the Senate a report on the number of students in
the College Student Pre-Commissioning Initiative and the number
of students in the MSI Student Pre-Commissioning Initiative
Program, outreach efforts, and demographic information of
enrollees including, age, gender, race, and disability.
(4) Establishment of msi aviation officer corps
initiative.--The Commandant of the Coast Guard shall establish
an MSI Aviation Officer Corps Initiative to increase the
diversity of the Coast Guard Aviation Officer Corps through an
integrated recruiting, accession, training, and assignment
process that offers guaranteed flight school opportunities to
students from minority serving institutions.
(5) Authorization of appropriations.--There are authorized
to be appropriated $3,000,000 to the Commandant to carry out
this subsection.
(c) Coast Guard-MSI Cooperative Technology Program.--
(1) Establishment.--The Commandant of the Coast Guard shall
establish a Coast Guard Laboratory of Excellence-MSI
Cooperative Technology Program at three minority serving
institutions to focus on priority security areas for the Coast
Guard, such as global maritime surveillance, resilience, and
recovery.
(2) Collaboration.--The Commandant shall encourage
collaboration among the minority serving institutions selected
under paragraph (1) and institutions of higher education with
institutional research and academic program resources and
experience.
(3) Partnerships.--The heads of the laboratories
established at the minority serving institutions pursuant to
paragraph (1) may seek to establish partnerships with the
private sector, especially small, disadvantaged businesses,
to--
(A) develop increased research and development
capacity;
(B) increase the number of baccalaureate and
graduate degree holders in science, technology,
engineering, mathematics (STEM), and information
technology or other fields critical to the mission of
the Coast Guard; and
(C) strengthen instructional ability among faculty.
(4) Authorization of appropriations.--There are authorized
to be appropriated $2,500,000 to the Commandant to carry out
this subsection, including for instrumentation acquisition and
funding undergraduate student scholarships, graduate
fellowships, and faculty-post doctoral study.
(d) Definition.--For purposes of this section, the terms ``minority
serving institution'', ``minority serving institutions'', and ``MSI''
mean a historically Black college or university (as defined in section
322 of the Higher Education Act of 1965), a Hispanic-serving
institution (as defined in section 502 of such Act), a Tribal College
or University (as defined in section 316 of such Act), a Predominantly
Black institution (as defined in section 499A(c) of such Act), or a
Native American-serving nontribal institution (as defined in section
499A(c) of such Act).
TITLE III--SHIPPING AND NAVIGATION
SEC. 301. GOODS AND SERVICES.
Section 4(b) of the Act of July 5, 1884, commonly known as the
Rivers and Harbors Appropriation Act of 1884 (33 U.S.C. 5(b)), is
amended--
(1) by striking ``or'' at the end of paragraph (2)(C);
(2) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) sales taxes on goods and services provided to or by
vessels or watercraft (other than vessels or watercraft
primarily engaged in foreign commerce).''.
SEC. 302. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.
Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33
U.S.C. 471) is amended--
(1) by striking ``That the'' and inserting the 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. 303. 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 $10,000 for each violation. The
Secretary shall notify the individual in writing of the amount
of the civil penalty.
``(2) Determination of amount.--In 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. 304. 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. 305. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL GAS DEEPWATER
PORTS.
Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 U.S.C.
2704(d)(2)) is amended by adding at the end the following:
``(D) The Secretary may establish, by regulation, a
limit of liability of not less than $12,000,000 for a
deepwater port used only in connection with
transportation of natural gas.''.
SEC. 306. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST OIL SPILL LIABILITY
TRUST FUND.
Section 1012(h)(1) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(h)(1)) is amended by striking ``6'' and inserting ``3''.
SEC. 307. MERCHANT MARINER DOCUMENT STANDARDS.
Not later than 270 days after the date of enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate--
(1) a plan 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 credentials and background screening and
streamline the application process for mariners.
SEC. 308. REPORT ON COAST GUARD DETERMINATIONS.
Not later than 180 days after enactment of this Act, the Secretary
of Homeland Security shall provide to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
loss of United States shipyard jobs and industrial base expertise as a
result of rebuild, conversion, and double-hull work on United States-
flag vessels eligible to engage in the coastwise trade being performed
in foreign shipyards, enforcement of the Coast Guard's foreign rebuild
determination regulations, and recommendations for improving the
transparency in the Coast Guard's foreign rebuild determination
process.
SEC. 309. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION PROJECT.
(a) Study.--The Commandant of the Coast Guard shall conduct a
study--
(1) on the methods and best practices of the use of exhaust
emissions reduction technology on cargo or passenger ships that
operate in United States waters and ports; and
(2) that identifies the Federal, State, and local laws,
regulations, and other requirements that affect the ability of
any entity to effectively demonstrate onboard technology for
the reduction of contaminated emissions from ships.
(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 of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 310. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.
(a) In General.--Notwithstanding section 12111(d) of title 46,
United States Code, foreign-flag vessels may be chartered by, or on
behalf of, a lessee to be employed for the setting, relocation, or
recovery of anchors or other 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. 311. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION.
(a) Purpose.--The purpose of this section is to ensure safe,
secure, and reliable 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 shall work through the International
Maritime Organization to establish 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 icebreaking escort, 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 needed to assure the reasonable demands of
commerce.
(f) Demonstration Projects.--The Secretary of Transportation may
enter into cooperative agreements, contracts, or other agreements with,
or make grants to, individuals to conduct demonstration projects to
reduce emissions or discharges from vessels operating in the Arctic.
(g) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to the Secretary of the department in which the Coast
Guard is operating--
(A) $5,000,000 for each of fiscal years 2011
through 2015 for seasonal operations in the Arctic; and
(B) $10,000,000 for each of fiscal years 2012
through 2015 to carry out agreements established under
subsection (d); and
(2) to the Secretary of Transportation $5,000,000 for each
of fiscal years 2011 through 2015 to conduct demonstration
projects under subsection (f).
(h) Icebreakers.--
(1) Analyses.--Not later than 90 days after the date of
enactment of this Act or the date of completion of the ongoing
High Latitude Study to assess Arctic polar ice-breaking mission
requirements, which ever occurs later, the Commandant of the
Coast Guard shall--
(A) conduct a comparative cost-benefit analysis
of--
(i) rebuilding, renovating, or improving
the existing fleet of icebreakers for operation
by the Coast Guard,
(ii) constructing new icebreakers for
operation by the Coast Guard, and
(iii) any combination of the activities
described in clauses (i) and (ii), to carry out
the missions of the Coast Guard; and
(B) conduct an analysis of the impact on mission
capacity and the ability of the United States to
maintain a presence in the Arctic regions through the
year 2020 if recapitalization of the icebreaker fleet,
either by constructing new icebreakers or rebuilding,
renovating, or improving the existing fleet of
icebreakers, is not fully funded.
(2) Reports to congress.--
(A) Not later than 90 days after the date of
enactment of this Act or the date of completion of the
ongoing High Latitude Study to assess Arctic ice-
breaking mission requirements, which ever occurs later,
the Commandant of the Coast Guard shall submit a report
containing the results of the study, together with
recommendations the Commandant deems appropriate under
section 93(a)(24) of title 14, United States Code, to
the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Transportation and Infrastructure.
(B) Not later than 1 year after the date of
enactment of this Act, the Commandant shall submit
reports containing the results of the analyses required
under subparagraphs (A) and (B) of paragraph (1),
together with recommendations the Commandant deems
appropriate under section 93(a)(24) of title 14, United
States Code, to the Senate Committee on Commerce,
Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure.
(i) Arctic Definition.--In this section the term ``Arctic'' has the
same meaning as in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
SEC. 312. SUPPLEMENTAL POSITIONING SYSTEM.
(a) Findings.--The Congress finds the following:
(1) In August 2006, the Department of Transportation and
Department of Homeland Security sponsored the formation of an
Independent Assessment Team to review the need for enhanced
Loran (eLORAN) as a supplement to the Global Positioning System
(GPS).
(2) In December 2006, the Independent Assessment Team
unanimously recommended that eLORAN be completed and retained
as the national backup system for critical safety of life,
national and economic security, and quality of life
applications currently that are reliant on position, time, or
frequency from GPS.
(3) Based on the Independent Assessment Team report, the
Department of Transportation and Department of Homeland
Security jointly recommended in March 2007 that eLORAN be the
national backup for GPS.
(4) The Department of Homeland Security formally announced
on February 7, 2008, its intention to implement eLORAN as a
national positioning, navigation, and timing system to
complement the GPS in the even of an outage or disruption in
service.
(5) A recent outage of GPS services in California due to an
unintentional jamming incident resulted in the shutdown of the
Coast Guard's maritime Differential Global Positions System
program and the Automatic Identification System, caused
disruption to vessel and aircraft operations, and severely
degraded transmissions at over 150 cell phone base stations.
(6) In January 2009, the Independent Assessment Team
reiterated its unanimous recommendation that the Federal
Government commit to operating the eLORAN system as a backup to
GPS for not less than a 20-year period.
(b) Required Actions.--The Secretary of the department in which the
Coast Guard is operating--
(1) shall establish eLORAN as the supplemental navigation
system for the United States;
(2) shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate--
(A) a plan for modernizing the remaining LORAN-C
stations;
(B) a timeline for the completion of such
modernization; and
(C) a comprehensive estimate of the costs
associated with modernizing LORAN-C infrastructure to
meet eLORAN specifications; and
(3) may not take action to terminate or decommission the
LORAN-C program until 30 days after the Secretary certifies to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that the eLORAN system is
operational.
SEC. 313. DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN PRINCE
WILLIAM SOUND, ALASKA.
(a) In General.--Section 4116(c) of the Oil Pollution Act of 1990
(46 U.S.C. 3703 note; Public Law 101-380) is amended--
(1) by striking ``Not later than 6 months'' and inserting
the following:
``(1) In general.--Not later than 180 days''; and
(2) by adding at the end the following:
``(2) Prince william sound, alaska.--
``(A) In general.--The requirement in paragraph (1)
relating to single hulled tankers in Prince William
Sound, Alaska, described in that paragraph being
escorted by at least 2 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 Federal agency with jurisdiction over
the Coast Guard shall carry out subparagraph (A) by
order without notice and hearing pursuant to section
553 of title 5, United States Code.''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on the date that is 90 days after the date of enactment of this
Act.
TITLE IV--GREAT LAKES ICEBREAKER
SEC. 401. SHORT TITLE.
This title may be cited as the ``Great Lakes Icebreaker Replacement
Act''.
SEC. 402. FINDINGS.
Congress finds that--
(1) five of the Coast Guard's Great Lakes icebreakers are
nearing the end of their useful lives;
(2) two other Coast Guard icebreaking assets have
experienced difficulty in heavy ice conditions;
(3) during the spring of 2008, United States-flag vessels
operating on the Great Lakes suffered more than $1,300,000 in
damages to their hulls because the Coast Guard did not have
enough assets available to keep Great Lakes shipping lanes
open;
(4) during the 2006-2007 ice season, shipments of iron ore,
coal, and limestone on the Great Lakes exceeded 20,000,000
tons;
(5) during the 2006-2007 ice season, the transportation of
10,400,000 tons of iron ore on the Great Lakes helped support
100,000 jobs at steel mills and 300,000 jobs at supplier
industries by keeping those industries working during the
winter season; and
(6) the 6,400,000 tons of coal shipped on the Great Lakes
during the 2006-2007 ice season kept the Great Lakes region
supplied with electricity.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $153,000,000 for necessary
expenses of the Coast Guard for the design, acquisition, and
construction of a combined buoy tender-icebreaker to replace
icebreaking capacity on the Great Lakes, to remain available until
expended.
TITLE V--ACQUISITION REFORM
SEC. 501. SHORT TITLE.
This title may be cited as the ``Coast Guard Acquisition Reform Act
of 2009''.
SEC. 502. DEFINITIONS.
In this title, the following definitions apply:
(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) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(3) Level 1 acquisition.--The term ``Level 1 acquisition''
means--
(A) an acquisition by the Coast Guard--
(i) the estimated life-cycle costs of which
exceed $1,000,000,000; or
(ii) the estimated total acquisition costs
of which exceed $300,000,000; or
(B) any acquisition that the Chief 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.
(4) Level 2 acquisition.--The term ``Level 2 acquisition''
means an acquisition by the Coast Guard--
(A) the estimated life-cycle costs of which are
equal to or less than $1,000,000,000, but greater than
$300,000,000; or
(B) the estimated total acquisition costs of which
are equal to or less than $300,000,0000, but greater
than $100,000,000.
(5) Life-cycle cost.--The term ``life-cycle cost'' means
all costs for development, procurement, construction, and
operations and support for a particular capability or asset,
without regard to funding source or management control.
Subtitle A--Restrictions on the Use of Lead Systems Integrators
SEC. 511. PROCUREMENT STRUCTURE.
(a) In General.--
(1) Use of lead systems integrator.--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 end of
the 180-day period beginning on the date of enactment of this
Act.
(2) Full and open competition.--The Commandant and any lead
systems integrator engaged by the Coast Guard shall use full
and open competition for any acquisition contract awarded after
the date of enactment of this Act, unless otherwise excepted in
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; national security cutters 2 and 3.--Notwithstanding
subsections (a) and (e), the Commandant may use a private
sector entity as a lead systems integrator for the Coast Guard
to complete the National Distress and Response System
Modernization Program (otherwise known as the ``Rescue 21''
program) and National Security Cutters 2 and 3.
(2) Completion of acquisition by lead systems integrator.--
Notwithstanding subsection (a), the Commandant may use a
private sector entity as a lead systems integrator for the
Coast Guard--
(A) to complete any delivery order or task order,
including the exercise of previously established
options on a delivery order or task order that was
issued to a lead systems integrator on or before the
date that is 180 days after the date of enactment of
this Act without any change in the quantity of
capabilities or assets or the specific type of
capabilities or assets covered by the order;
(B) for a contract awarded after the date that is
180 days after the date of enactment of this Act for
acquisition of, or in support of, the HC-130J aircraft,
the HH-65 aircraft, or the C4ISR system, if the
requirements of subsection (c) are met with respect to
such acquisitions;
(C) for a contract awarded after the date that is
180 days after the date of enactment of this Act for
acquisition of, or in support of, Maritime Patrol
Aircraft, if the requirements of subsection (c) are met
with respect to such an acquisition; and
(D) for the acquisition of, or in support of,
additional National Security Cutters or Maritime Patrol
Aircraft, if the Commandant determines that--
(i) the acquisition is in accordance with
Federal acquisition laws and regulations
promulgated under those laws, including the
Federal Acquisition Regulation;
(ii) the acquisition and the use of a
private sector entity as a lead systems
integrator for the acquisition are in the best
interest of the Federal Government; and
(iii) the requirements of subsection (c)
are met with respect to such acquisition.
(3) Report on decisionmaking process.--If the Commandant
determines under subparagraph (B), (C), or (D) of subsection
(b)(2) that the Coast Guard will use a private sector lead
systems integrator for an acquisition, the Commandant shall
notify in writing the appropriate congressional committees of
the Commandant's determination and shall provide a detailed
rationale for the determination, at least 30 days before the
award of a contract or issuance of a delivery order or task
order, using a private sector lead systems integrator,
including a 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 described in
subparagraph (B), (C), or (D) of subsection (b)(2) 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 or 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) Rule of Construction.--The limitation in subsection (b)(1)(A)
on the quantity and specific type of assets to which subsection (b)
applies shall not be construed to apply to the modification of the
number or type of any sub-systems or other components of a vessel or
aircraft described in subparagraph (B), (C), or (D) of subsection
(b)(2).
(e) Termination Date for Exceptions.--Except as described in
subsection (b)(1), the Commandant may not use a private sector entity
as a lead systems integrator for acquisition contracts awarded, or task
orders or delivery orders issued, after the earlier of--
(1) September 30, 2011; or
(2) the date on which the Commandant certifies in writing
to the appropriate congressional 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.
Subtitle B--Coast Guard Acquisition Policy
SEC. 521. OPERATIONAL REQUIREMENTS.
(a) In General.--No Level 1 or Level 2 acquisition program may be
initiated by the Coast Guard, and no production contract may be awarded
for such an acquisition, unless the Commandant has approved an
operational requirement for such acquisition.
(b) Operational Requirement for Acquisition Programs.--
(1) In general.--The Commandant shall establish mature and
stable operational requirements for acquisition programs.
(2) Elements.--Prior to establishing operational
requirements under paragraph (1), the Commandant shall--
(A) prepare a preliminary statement of need, a
concept of operations, an analysis of alternatives or
the equivalent, an estimate of life-cycle costs, and
requirements for interoperability with other
capabilities and assets within and external to the
Coast Guard; and
(B) in preparing the concept of operations under
subparagraph (A), coordinate with acquisition and
support professionals, requirements officials,
operational users and maintainers, and resource
officials who can ensure the appropriate consideration
of performance, cost, schedule and risk trade-offs.
(c) Consideration of Trade-offs.--In establishing operational
requirements under subsection (a), the Commandant shall develop and
implement mechanisms to ensure that trade-offs among performance, cost,
schedule, and risk are considered in the establishment of operational
requirements for development and production of a Level 1 or Level 2
acquisition.
(d) Elements.--The mechanisms required under this section shall
ensure at a minimum that Coast Guard officials responsible for
acquisition management, budget, and cost estimating functions have the
authority to develop cost estimates and raise cost and schedule matters
at any point in the process of establishing operational requirements
for a Level 1 or Level 2 acquisition.
SEC. 522. REQUIRED CONTRACT TERMS.
(a) In General.--The Commandant shall ensure that a contract
awarded or a delivery order or task order issued for an acquisition of
a capability or an asset with an expected service life of 10 years and
with a total acquisition cost that is equal to or exceeds $10,000,000
awarded or issued by the Coast Guard after the date of enactment of
this Act--
(1) provides that all certifications for an end-state
capability or asset under such contract, delivery order, or
task order, respectively, will be conducted by the Commandant
or an independent third party, and that self-certification by a
contractor or subcontractor is not allowed;
(2) requires that the Commandant shall 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 Contract Provisions.--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 this Act does not include
any provision allowing for equitable adjustment that differs from the
Federal Acquisition Regulation.
(c) Extension of Program.--Any contract, contract modification, or
award term extending a contract with a lead systems integrator--
(1) shall not include any minimum requirements for the
purchase of a given or determinable number of specific
capabilities or assets; and
(2) shall be reviewed by an independent third party with
expertise in acquisition management, and the results of that
review shall be submitted to the appropriate congressional
committees at least 60 days prior to the award of the contract,
contract modification, or award term.
SEC. 523. LIFE-CYCLE COST ESTIMATES.
(a) 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 years,
and to ensure that these estimates are considered in decisions to
develop or produce new or enhanced capabilities and assets.
(b) Types of Estimates.--In addition to life-cycle cost estimates
that may be developed by acquisition program offices, the Commandant
shall require that an independent life-cycle cost estimate be developed
for each Level 1 or Level 2 acquisition program or project.
(c) Required Updates.--For each Level 1 or Level 2 acquisition
program or project the Commandant shall require that life-cycle cost
estimates shall be updated before each milestone decision is concluded
and the program or project enters a new acquisition phase.
SEC. 524. TEST AND EVALUATION.
(a) Test and Evaluation Master Plan.--
(1) In general.--For any Level 1 or Level 2 acquisition
program or project the Coast Guard Chief Acquisition Officer
must approve a Test and Evaluation Master Plan specific to the
acquisition program or project for the capability, asset, or
sub-systems of the capability or asset and intended to minimize
technical, cost, and schedule risk as early as practicable in
the development of the program or project.
(2) Test and evaluation strategy.--The TEMP shall--
(A) set forth an integrated test and evaluation
strategy that will verify that capability-level or
asset-level and sub-system-level design and
development, including performance and supportability,
have been sufficiently proven before the capability,
asset, or sub-system 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 temp.--At a minimum, the TEMP 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 Coast Guard Chief Acquisition Officer
shall approve an updated TEMP whenever there is a revision to
program or project test and evaluation strategy, scope, or
phasing.
(5) Limitation.--The Coast Guard may not--
(A) proceed past that phase of the acquisition
process that entails approving the supporting
acquisition of a capability or asset before the TEMP is
approved by the Coast Guard Chief Acquisition Officer;
or
(B) award any production contract for a capability,
asset, or sub-system for which a TEMP is required under
this subsection before the TEMP is approved by the
Coast Guard Chief Acquisition Officer.
(b) Tests and Evaluations.--
(1) In general.--The Commandant shall ensure that the Coast
Guard conducts developmental tests and evaluations and
operational tests and evaluations of a capability or asset and
the sub-systems of the capability or asset for which a TEMP has
been prepared under subsection (a).
(2) Use of third parties.--The Commandant shall ensure that
the Coast Guard uses third parties with expertise in testing
and evaluating the capabilities or assets and the sub-systems
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 TEMP.
(3) Communication of safety concerns.--The Commandant shall
require that safety concerns identified during developmental or
operational tests and evaluations or through independent or
Government-conducted design assessments of capabilities or
assets and sub-systems of capabilities or assets to be acquired
by the Coast Guard shall be communicated as soon as
practicable, but not later than 30 days after the completion of
the test or assessment event or activity that identified the
safety concern, to the program manager for the capability or
asset and the sub-systems concerned and to the Coast Guard
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 concern is corrected or mitigated. The report shall also
include an explanation of the actions that will be taken to
correct or mitigate the safety concern, the date by which those
actions will be taken, and the adequacy of current funding to
correct or mitigate the safety concern.
(5) Asset already in low, initial, or full-rate
production.--If operational test and evaluation on a capability
or asset already in low, initial, or full-rate production
identifies a safety concern with the capability or asset or any
sub-systems of the capability or asset not previously
identified during developmental or operational test and
evaluation, the Commandant shall--
(A) notify the program manager and the Chief
Acquisition Officer of the safety concern as soon as
practicable, but not later than 30 days after the
completion of the test and evaluation event or activity
that identified the safety concern; and
(B) notify the appropriate congressional Committee
of the safety concern not later than 30 days after
notification is made to the program manager and Chief
Acquisition Officer, and include in such notification--
(i) an explanation of the actions that will
be taken to correct or mitigate the safety
concern in all capabilities or assets and sub-
systems of the capabilities or assets yet to be
produced, and the date by which those actions
will be taken;
(ii) an explanation of the actions that
will be taken to correct or mitigate the safety
concern in previously produced capabilities or
assets and sub-systems 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
sub-systems of the capabilities or assets and
in previously produced capabilities or assets
and sub-systems.
(c) Definitions.--In this section:
(1) Developmental test and evaluation.--The term
``developmental test and evaluation'' means--
(A) the testing of a capability or asset and the
sub-systems of the capability or asset to 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.
(2) Operational test and evaluation.--The term
``operational test and evaluation'' means--
(A) the testing of a capability or asset and the
sub-systems of the capability or asset, under
conditions similar to those in which the capability or
asset and subsystems will actually be deployed, for the
purpose of determining the effectiveness and
suitability of the capability or asset and sub-systems
for use by typical Coast Guard users to conduct those
missions for which the capability or asset and sub-
systems are intended to be used; and
(B) the evaluation of the results of such testing.
(3) Safety concern.--The term ``safety concern'' means any
hazard associated with a capability or asset or a sub-system of
a capability or asset that is likely to cause serious bodily
injury or death to a typical Coast Guard user in testing,
maintaining, repairing, or operating the capability, asset, or
sub-system or any hazard associated with the capability, asset,
or sub-system that is likely to cause major damage to the
capability, asset, or sub-system during the course of its
normal operation by a typical Coast Guard user.
(4) TEMP.--The term ``TEMP'' means a Test and Evaluation
Master Plan for which approval is required under this section.
SEC. 525. CAPABILITY STANDARDS.
(a) Cutter Classification.--The Commandant shall cause each cutter,
other than a National Security Cutter, acquired by the Coast Guard and
delivered after the date of enactment of this Act to be classed by the
American Bureau of Shipping before final acceptance.
(b) Tempest Testing.--The Commandant shall--
(1) cause all electronics on all aircraft, surface, and
shore capabilities and assets that require TEMPEST
certification and that are delivered after the date of
enactment of this Act to be tested in accordance with TEMPEST
standards and communication security (COMSEC) standards by an
independent third party that is authorized by the Federal
Government to perform such testing; and
(2) certify that the capabilities and assets meet all
applicable TEMPEST requirements.
(c) National Security Cutters.--
(1) National security cutters 1 and 2.--Not later than 90
days before the Coast Guard awards any contract or issues any
delivery order or task order to strengthen the hull of either
of National 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 and the Committee on Homeland Security
of the House of Representatives all results of an assessment of
the proposed hull strengthening design conducted by the Coast
Guard, including--
(A) a description in detail of the extent to which
the hull strengthening measures to be implemented on
those cutters will enable the cutters to meet contract
and performance requirements;
(B) a cost benefit analysis of the proposed hull
strengthening measures for National Security Cutters 1
and 2; and
(C) 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.
(2) 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.
(d) Aircraft Airworthiness.--The Commandant shall cause all
aircraft and aircraft engines acquired by the Coast Guard and delivered
after the date of enactment of this Act to be assessed for
airworthiness by an independent third party with expertise in aircraft
and aircraft engine certification, before final acceptance.
SEC. 526. ACQUISITION PROGRAM REPORTS.
Any Coast Guard Level 1 or Level 2 acquisition program or project
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 and asset to be acquired under the proposed
acquisition program or project will be built to achieve.
(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 program baseline and
acquisition unit cost for the capability or asset to be
produced and deployed under the program or project.
(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.
SEC. 527. 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 covered under subsection (a) must 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, United
States Code);
(B) an operation in response to an emergency that
poses an unacceptable threat to human health or safety
or to the marine environment; or
(C) 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.--Such term does not include
contractual actions with respect to the following:
(i) Foreign military sales.
(ii) Purchases in an amount not in excess
of the amount of the simplified acquisition
threshold.
(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. 528. GUIDANCE ON EXCESSIVE PASS-THROUGH CHARGES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, 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 this Act.
SEC. 529. ACQUISITION OF MAJOR CAPABILITIES: ALTERNATIVES ANALYSIS.
The Coast Guard may not acquire an experimental or technically
immature capability or asset or implement a Level 1 or Level 2
acquisition, unless it has conducted an alternatives analysis for the
capability or asset to be acquired in the concept and technology
development phase of the acquisition process for the capability or
asset. Such analysis shall be conducted 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. Such alternatives analysis shall
include--
(1) an assessment of the technical maturity of the
capability or asset and technical and other risks;
(2) an examination of capability, interoperability, and
other advantages and disadvantages;
(3) an evaluation of whether different combinations or
quantities of specific capabilities or assets could meet the
Coast Guard's overall performance needs;
(4) a discussion of key assumptions and variables, and
sensitivity to change in such assumptions and variables;
(5) when an alternative is an existing capability, asset,
or prototype, an evaluation of relevant safety and performance
records and costs;
(6) a calculation of life-cycle costs, including--
(A) an examination of development costs and the
levels of uncertainty associated with such estimated
costs;
(B) an examination of likely production and
deployment costs and the levels of uncertainty
associated with such estimated costs;
(C) an examination of likely operating and support
costs and the levels of uncertainty associated with
such estimated costs;
(D) if they are likely to be significant, an
examination of likely disposal costs and the levels of
uncertainty associated with such estimated costs; and
(E) such additional measures the Commandant
determines to be necessary for appropriate evaluation
of the capability or asset; and
(7) the business case for each viable alternative.
SEC. 530. COST OVERRUNS AND DELAYS.
(a) In General.--The Commandant shall submit a report to the
appropriate congressional committees 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 10 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 program or project 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 program or project is essential to the
accomplishment of Coast Guard missions;
(2) there are no alternatives to such capability or asset
or capability or asset class which 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. 531. REPORT ON FORMER COAST GUARD OFFICIALS EMPLOYED BY
CONTRACTORS TO THE AGENCY.
(a) Report Required.--Not later than December 31, 2009, 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.
SEC. 532. 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 capabilities and assets acquired for the Coast
Guard.
(b) Inter-Service Technical Assistance.--The Commandant may 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 Commands, with the oversight of
Coast Guard major acquisition programs. Such memorandum of
understanding or memorandum of agreement shall, at a minimum, provide
for--
(1) the exchange of technical assistance and support that
the Coast Guard Chief Acquisition Officer, Coast Guard Chief
Engineer, and the Coast Guard Chief Information Officer 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 Commands, to facilitate
the development of organic capabilities in the Coast Guard.
(c) Technical Requirement Approval Procedures.--The Coast Guard
Chief Acquisition Officer shall adopt, to the extent practicable,
procedures that are similar to those used by the senior procurement
executive of the Department of the Navy to approve all technical
requirements.
(d) Assessment.--Within 180 days after the date of enactment of
this Act, the Comptroller General 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.
Subtitle C--Coast Guard Personnel
SEC. 541. 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) Establishment of Chief Acquisition Officer.--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 Acquisitions Directorate shall be an acquisition
professional with a program manager level III certification and
must have at least 10 years experience in an acquisition
position, of which at least 4 years were spent in one of the
following qualifying positions:
``(A) Program executive officer.
``(B) Program manager of a Level 1 or Level 2
acquisition.
``(C) Deputy program manager of a Level 1 or Level
2 acquisition.
``(D) Project manager for a Level 1 or Level 2
acquisition.
``(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 this subsection.
``(c) Authority and Functions of the Chief Acquisition Officer.--
The functions of the Chief Acquisition Officer shall include--
``(1) monitoring the performance of programs and projects
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 of the Coast Guard, as designated by the
Commandant, and 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) Application of Qualification Requirement.--Section 56(b) of
title 14, United States Code, as amended by this section, shall apply
beginning October 1, 2011.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by adding at the end the following:
``56. Chief Acquisition Officer.''.
(d) Elevation of Disputes to the Chief Acquisition Officer.--Within
45 days after the elevation to the Chief Acquisition Officer of any
design or other dispute regarding a Level 1 or Level 2 acquisition, 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.
(e) 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 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.
SEC. 542. IMPROVEMENTS IN COAST GUARD ACQUISITION MANAGEMENT.
(a) Program and Project Managers.--An individual may not be
assigned as the program manager for a Level 1 or Level 2 acquisition
unless the individual holds a Level III acquisition certification as a
program manager.
(b) 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.
(c) 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 55 of title 14, United States Code.
(d) Designation of Positions in the 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.
(e) 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.
(f) Report on Adequacy of Acquisition Workforce.--
(1) In general.--The Commandant shall report to the
Congress 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 (d); and
(B) identify positions that are understaffed to
meet the anticipated acquisition workload, and actions
that will be taken to correct such understaffing.
(g) 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.
(h) 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.
(i) Balanced Workforce Policy.--In the development of acquisition
workforce policies under this section with respect to any civilian
employees or applicants for employment, the Commandant shall,
consistent with the merit system principles set out in paragraphs (1)
and (2) of section 2301(b) of title 5, United States Code, take into
consideration the need to maintain a balanced workforce in which women
and members of racial and ethnic minority groups are appropriately
represented in Government service.
(j) Guidance on Tenure and Accountability of Program Managers.--
(1) Issuance of guidance.--Not later than 1 year after the
date of enactment of this Act, the Commandant shall issue
guidance to address the qualifications, resources,
responsibilities, tenure, and accountability of program
managers for the management of acquisition programs and
projects. The guidance shall address, at a minimum--
(A) the qualifications that shall be required of
program managers, including the number of years of
acquisition experience and the professional training
levels to be required of those appointed to program
management positions;
(B) authorities available to 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 program manager who
initiates a new program or project will continue in
management of that program or project 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 Act, the Commandant shall
develop a comprehensive strategy for enhancing the role
of Coast Guard 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 program managers, including
the rotational assignments that will be
provided to program managers;
(ii) the provision of enhanced training and
educational opportunities for individuals who
are or may become program managers;
(iii) the provision of mentoring support to
current and future 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 program management throughout the Coast
Guard;
(v) the templates and tools that will be
used to support improved data gathering and
analysis for program management and oversight
purposes, including the metrics that will be
utilized to assess the effectiveness of Coast
Guard program managers in managing systems
acquisition efforts;
(vi) a description in detail of how the
Coast Guard will promote a balanced workforce
in which women and members of racial and ethnic
minority groups are appropriately represented
in Government service; and
(vii) the methods by which the
accountability of program managers for the
results of acquisition programs will be
increased.
SEC. 543. RECOGNITION OF COAST GUARD PERSONNEL FOR EXCELLENCE IN
ACQUISITION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, 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
program or project.
(b) Elements.--The program required by subsection (a) shall include
the following:
(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.
(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 individual 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. 544. COAST GUARD ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
(a) In General.--For purposes of sections 3304, 5333, and 5753 of
title 5, United States Code, the Commandant 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 subsection after September 30, 2012.
TITLE VI--MARITIME WORKFORCE DEVELOPMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Maritime Workforce Development
Act''.
SEC. 602. MARITIME EDUCATION LOAN PROGRAM.
(a) In General.--Chapter 517 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 51705. Maritime career training loan program
``(a) Establishment.--The Secretary of Transportation shall
establish a maritime career training loan program (in this section
referred to as the `program') in accordance with the requirements of
this section.
``(b) Purpose.--The purpose of the program shall be to make
maritime career training loans available to eligible students to
provide for the training of United States mariners.
``(c) Administration.--The program shall be carried out by the
Secretary, acting through the Administrator of the Maritime
Administration.
``(d) Duties.--The Secretary shall--
``(1) allocate, on an annual basis, the award of loans
under the program based on the needs of students;
``(2) develop an application process and eligibility
criteria for the award of loans under the program;
``(3) approve applications for loans under the program
based on the eligibility criteria and allocations made under
paragraph (1); and
``(4) designate maritime training institutions at which
loans made under the program may be used.
``(e) Designation of Maritime Training Institutions.--
``(1) In general.--In designating maritime training
institutions under subsection (d)(4), the Secretary--
``(A) may include Federal, State, and commercial
training institutions and nonprofit training
organizations, except that undergraduate students at
the United States Merchant Marine Academy shall not be
eligible for loans under the program;
``(B) shall designate institutions based on
geographic diversity and scope of classes offered;
``(C) shall ensure that designated institutions
have the ability to administer the program; and
``(D) shall ensure that designated institutions
meet requirements to provide training instruction for
appropriate Coast Guard-approved training instruction.
``(2) Exclusions.--The Secretary--
``(A) may exclude from participation in the program
a maritime training institution that has had severe
performance deficiencies, including deficiencies
demonstrated by audits or program reviews conducted
during the 5 calendar years immediately preceding the
present year;
``(B) shall exclude from participation in the
program a maritime training institution that has
delinquent or outstanding debts to the United States,
unless such debts are being repaid under or in
accordance with a repayment arrangement satisfactory to
the United States, or the Secretary in the Secretary's
discretion determines that the existence or amount of
any such debts has not been finally determined by the
appropriate Federal agency;
``(C) may exclude from participation in the program
a maritime training institution that has failed to
comply with quality standards established by the
Department of Labor, the Coast Guard, or a State; and
``(D) may establish such other criteria as the
Secretary determines will protect the financial
interest of the United States and promote the purposes
of this section.
``(f) State Maritime Academies.--
``(1) Use of funds for loans to students attending state
maritime academies.--The Secretary may obligate not more than
50 percent of the amounts appropriated to carry out this
section for a fiscal year for loans to undergraduate students
attending State maritime academies receiving assistance under
chapter 515 of this title.
``(2) Academic standards for students.--Students at State
maritime academies receiving loans under the program shall
maintain satisfactory progress toward the completion of their
course of study as evidenced by the maintenance of a cumulative
C average, or its equivalent, or academic standing consistent
with the requirements for graduation, as determined by the
institution.
``(g) Loan Amounts and Use.--
``(1) Maximum amounts.--The Secretary may not make loans to
a student under the program in an amount that exceeds $15,000
in a calendar year or $60,000 in the aggregate.
``(2) Use of loan proceeds.--A student who receives a loan
under the program may use the proceeds of the loan only for
postsecondary expenses incurred at an institution designated by
the Secretary under subsection (d)(4) for books, tuition,
required fees, travel to and from training facilities, and room
and board.
``(h) Student Eligibility.--To be eligible to receive a loan under
the program, a student shall--
``(1) be eligible to hold a license or merchant mariner
document issued by the Coast Guard;
``(2) provide to the Secretary such information as the
Secretary may require, including all current Coast Guard
documents, certifications, proof of United States citizenship
or permanent legal status, and a statement of intent to enter a
maritime career;
``(3) meet the enrollment requirements of a maritime
training institution designated by the Secretary under
subsection (d)(4); and
``(4) sign an agreement to--
``(A) complete a course of instruction at such a
maritime training institution; and
``(B)(i) maintain a license and serve as an officer
in the merchant marine on a documented vessel or a
vessel owned and operated by the United States for at
least 18 months of service at sea following the date of
graduation from the maritime program for which the loan
proceeds will be used; or
``(ii) serve as an unlicensed merchant mariner on a
documented vessel or a vessel owned and operated by the
United States for at least 18 months of service at sea
following the date of graduation from the maritime
program for which the loan proceeds will be used.
``(i) Administration of Loans.--
``(1) Contents of loan agreements.--Any agreement between
the Secretary and a student borrower for a loan under the
program shall--
``(A) be evidenced by a note or other written
instrument that provides for the repayment of the
principal amount of the loan and any origination fee,
together with interest thereon, in equal installments
(or, if the student borrower so requests, in graduated
periodic installments determined in accordance with
such schedules as may be approved by the Secretary)
payable quarterly, bimonthly, or monthly, at the option
of the student borrower, over a period beginning 9
months from the date on which the student borrower
completes study or discontinues attendance at the
maritime program for which the loans are used at the
institution approved by the Secretary and not exceeding
10 years;
``(B) include provision for acceleration of
repayment of the whole, or any part, of such loan, at
the option of the student borrower;
``(C) provide the loan without security and without
endorsement;
``(D) provide that the liability to repay the loan
shall be canceled upon the death of the student
borrower, or if the student borrower becomes
permanently and totally disabled, as determined in
accordance with regulations to be issued by the
Secretary;
``(E) contain a notice of the system of disclosure
of information concerning default on such loan to
credit bureau organizations; and
``(F) include provisions for deferral of repayment,
as determined by the Secretary.
``(2) Rate of interest.--A student borrower who receives a
loan under the program on or after January 1, 2010, and before
October 1, 2015, shall be obligated to repay the loan amount to
the Secretary, together with interest beginning in the period
referred to in paragraph (1)(A), at a rate to be determined as
follows:
``(A) For a loan for which the first disbursement
is made on or after January 1, 2010, and before October
1, 2011, 5.6 percent on the unpaid principal balance of
the loan.
``(B) For a loan for which the first disbursement
is made on or after October 1, 2011, and before October
1, 2012, 4.5 percent on the unpaid principal balance of
the loan.
``(C) For a loan for which the first disbursement
is made on or after October 1, 2012, 3.4 percent on the
unpaid principal balance of the loan.
``(3) Disclosure required prior to disbursement.--
``(A) In general.--The Secretary shall at or prior
to the time the Secretary makes a loan to a student
borrower under the program, provide thorough and
adequate loan information on such loan to the student
borrower. The disclosures required by this paragraph
may be made as part of the written application material
provided to the student borrower, as part of the
promissory note evidencing the loan, or on a separate
written form provided to the student borrower.
``(B) Contents.--The disclosures shall include--
``(i) the address to which communications
and payments should be sent;
``(ii) the principal amount of the loan;
``(iii) the amount of any charges collected
at or prior to the disbursal of the loan and
whether such charges are to be deducted from
the proceeds of the loan or paid separately by
the student borrower;
``(iv) the stated interest rate on the
loan;
``(v) the yearly and cumulative maximum
amounts that may be borrowed;
``(vi) an explanation of when repayment of
the loan will be required and when the student
borrower will be obligated to pay interest that
accrues on the loan;
``(vii) a statement as to the minimum and
maximum repayment term that the Secretary may
impose, and the minimum monthly payment
required by law and a description of any
penalty imposed as a consequence of default,
such as liability for expenses reasonably
incurred in attempts by the Secretary to
collect on a loan;
``(viii) a statement of the total
cumulative balance, including the loan applied
for, owed by the student borrower to the
Secretary, and an estimate of the projected
monthly payment, given such cumulative balance;
``(ix) an explanation of any special
options the student borrower may have for loan
consolidation or other refinancing of the loan;
``(x) a statement that the student borrower
has the right to prepay all or part of the
loan, at any time, without penalty;
``(xi) a statement summarizing
circumstances in which repayment of the loan or
interest that accrues on the loan may be
deferred, and a brief notice of the program for
repayment of loans, on the basis of military
service, pursuant to the Department of Defense
educational loan repayment program (10 U.S.C.
16302);
``(xii) a definition of default and the
consequences to the student borrower if the
student borrower defaults, together with a
statement that the disbursement of, and the
default on, a loan under this part shall be
reported to a credit bureau or credit reporting
agency;
``(xiii) to the extent practicable, the
effect of accepting the loan on the eligibility
of the student borrower for other forms of
student assistance; and
``(xiv) an explanation of any cost the
student borrower may incur in the making or
collection of the loan.
``(C) Information to be provided without cost.--The
information provided under this paragraph shall be
available to the Secretary without cost to the student
borrower.
``(4) Repayment after default.--The Secretary may require
any student borrower who has defaulted on a loan made under the
program to--
``(A) pay all reasonable collection costs
associated with such loan; and
``(B) repay the loan pursuant to an income
contingent repayment plan.
``(5) Authorization to reduce rates and fees.--
Notwithstanding any other provision of this section, the
Secretary may prescribe by regulation any reductions in the
interest rate or origination fee paid by a student borrower of
a loan made under the program as the Secretary determines
appropriate to encourage ontime repayment of the loan. Such
reductions may be offered only if the Secretary determines the
reductions are cost neutral and in the best financial interest
of the United States.
``(6) Collection of repayments.--The Secretary shall
collect repayments made under the program and exercise due
diligence in such collection, including maintenance of all
necessary records to ensure that maximum repayments are made.
Collection and servicing of repayments under the program shall
be pursued to the full extent of the law, including wage
garnishment if necessary. The Secretary of the Department in
which the Coast Guard is operating shall provide the Secretary
of Transportation with any information regarding a mariner that
may aid in the collection of repayments under this section.
``(7) Repayment schedule.--A student borrower who receives
a loan under the program shall repay the loan quarterly,
bimonthly, or monthly, at the option of the student borrower,
over a period beginning 9 months from the date the student
borrower completes study or discontinues attendance at the
maritime program for which the loan proceeds are used and
ending not more than 10 years after the date repayment begins.
Provisions for deferral of repayment shall be determined by the
Secretary.
``(8) Contracts for servicing and collection of loans.--The
Secretary may--
``(A) enter into a contract or other arrangement
with State or nonprofit agencies and, on a competitive
basis, with collection agencies for servicing and
collection of loans under this section; and
``(B) conduct litigation necessary to carry out
this section.
``(j) Revolving Loan Fund.--
``(1) Establishment.--The Secretary shall establish a
revolving loan fund consisting of amounts deposited in the fund
under paragraph (2).
``(2) Deposits.--The Secretary shall deposit in the fund--
``(A) receipts from the payment of principal and
interest on loans made under the program; and
``(B) any other monies paid to the Secretary by or
on behalf of individuals under the program.
``(3) Availability of amounts.--Amounts in the fund shall
be available to the Secretary, without further appropriation--
``(A) to cover the administrative costs of the
program, including the maintenance of records and
making collections under this section; and
``(B) to the extent that amounts remain available
after paying such administrative costs, to make loans
under the program.
``(4) Maintenance of records.--The Secretary shall maintain
accurate records of the administrative costs referred to in
paragraph (3)(A).
``(k) Annual Report.--The Secretary, on an annual basis, 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 the program, including--
``(1) the total amount of loans made under the program in
the preceding year;
``(2) the number of students receiving loans under the
program in the preceding year; and
``(3) the total amount of loans made under program that are
in default as of the date of the report.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2010 through 2015--
``(1) $10,000,000 for making loans under the program; and
``(2) $1,000,000 for administrative expenses of the
Secretary in carrying out the program.
``Sec. 51706. Maritime recruitment, training, and retention grant
program
``(a) Strategic Plan.--
``(1) In general.--Not later than one year after the date
of enactment of this section, and at least once every 3 years
thereafter, the Secretary of Transportation, acting through the
Administrator of the Maritime Administration, shall publish in
the Federal Register a plan that describes the demonstration,
research, and multistate project priorities of the Department
of Transportation concerning merchant mariner recruitment,
training, and retention for the 3-year period following the
date of publication of the plan.
``(2) Contents.--A plan published under paragraph (1) shall
contain strategies and identify potential projects to address
merchant mariner recruitment, training, and retention issues in
the United States.
``(3) Factors.--In developing a plan under paragraph (1),
the Secretary shall take into account, at a minimum--
``(A) the availability of existing research (as of
the date of publication of the plan);
``(B) the need to ensure results that have broad
applicability;
``(C) the benefits of economies of scale and the
efficiency of potential projects; and
``(D) the likelihood that the results of potential
projects will be useful to policymakers and
stakeholders in addressing merchant mariner
recruitment, training, and retention issues.
``(4) Consultation.--In developing a plan under paragraph
(1), the Secretary shall consult with representatives of the
maritime industry, labor organizations, and other governmental
entities and parties with an interest in the maritime industry.
``(5) Transmittal to congress.--The Secretary shall
transmit copies of a plan published under paragraph (1) to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(b) Demonstration Projects.--
``(1) In general.--The Secretary may award grants to a
maritime training institution to carry out demonstration
projects that implement the priorities identified in the plan
prepared under subsection (a)(1), for the purpose of developing
and implementing methods to address merchant mariner
recruitment, training, and retention issues.
``(2) Grant awards.--Grants shall be awarded under this
subsection on a competitive basis under guidelines and
requirements to be established by the Secretary.
``(3) Applications.--To be eligible to receive a grant for
a project under this subsection, a maritime training
institution shall submit to the Secretary a grant proposal that
includes, at a minimum--
``(A) information demonstrating the estimated
effectiveness of the project; and
``(B) a method for evaluating the effectiveness of
the project.
``(4) Eligible projects.--Projects eligible for grants
under this subsection may include--
``(A) the establishment of maritime technology
skill centers developed through local partnerships of
industry, labor, education, community-based
organizations, economic development organizations, or
Federal, State, and local government agencies to meet
unmet skills needs of the maritime industry;
``(B) projects that provide training to upgrade the
skills of workers who are employed in the maritime
industry;
``(C) projects that promote the use of distance
learning, enabling students to take courses through the
use of media technology, such as videos,
teleconferencing, and the Internet;
``(D) projects that assist in providing services to
address maritime recruitment and training of youth
residing in targeted high poverty areas within
empowerment zones and enterprise communities;
``(E) the establishment of partnerships with
national and regional organizations with special
expertise in developing, organizing, and administering
merchant mariner recruitment and training services; and
``(F) the establishment of maritime training
programs that foster technical skills and operational
productivity in communities in which economies are
related to or dependent upon the maritime industry.
``(c) Projects Authorized.--
``(1) Projects.--The Secretary may award grants to carry
out projects identified in a plan published under subsection
(a)(1) under which the project sponsor will--
``(A) design, develop, and test an array of
approaches to providing recruitment, training, or
retention services to one or more targeted populations;
``(B) in conjunction with employers, organized
labor, other groups (such as community coalitions), and
Federal, State, or local agencies, design, develop, and
test various training approaches in order to determine
effective practices; or
``(C) assist in the development and replication of
effective service delivery strategies for the national
maritime industry as a whole.
``(2) Research projects.--The Secretary may award grants to
carry out research projects identified in a plan published
under subsection (a)(1) that will contribute to the solution of
maritime industry recruitment, training, and retention issues
in the United States.
``(3) Multistate or regional projects.--The Secretary may
award grants to carry out multistate or regional projects
identified in a plan published under subsection (a)(1) to
effectively disseminate best practices and models for
implementing maritime recruitment, training, and retention
services designed to address industry-wide skill shortages.
``(4) Grant awards.--Grants shall be awarded under this
subsection on a competitive basis under guidelines and
requirements to be established by the Secretary.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2010 through 2015--
``(1) $10,000,000 for making grants under this section; and
``(2) $1,000,000 for administrative expenses of the
Secretary in carrying out this section.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``51705. Maritime career training loan program.
``51706. Maritime recruitment, training, and retention grant
program.''.
TITLE VII--COAST GUARD MODERNIZATION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Coast Guard Modernization Act of
2009''.
Subtitle A--Coast Guard Leadership
SEC. 711. ADMIRALS AND VICE ADMIRALS.
(a) Admirals.--Section 41 of title 14, United States Code, is
amended by striking ``an admiral,'' and inserting ``admirals;''.
(b) Vice Commandant.--Section 47 of title 14, United States Code,
is amended--
(1) in the section heading by striking ``assignment'' and
inserting ``appointment''; and
(2) in the text by striking ``vice admiral'' and inserting
``admiral''.
(c) Vice Admirals.--
(1) In general.--Section 50 of title 14, United States
Code, is amended to read as follows:
``Sec. 50. Vice admirals
``(a)(1) The President may designate 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 any duties as the Commandant may
prescribe.
``(2) The 4 vice admiral positions authorized under paragraph (1)
are, respectively, the following:
``(A) The Deputy Commandant for Mission Support.
``(B) The Deputy Commandant for Operations and Policy.
``(C) The Commander, Force Readiness Command.
``(D) The Commander, Operations Command.
``(3) 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 each of the positions designated under paragraph (1) an
officer of the Coast Guard who is serving on active duty above the
grade of captain. The Commandant shall make recommendations for those
appointments.
``(4)(A) Except as provided in subparagraph (B), the Deputy
Commandant for Operations and Policy 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.
``(B) The requirements of subparagraph (A) do not apply to such
Deputy Commandant if the subordinate officer serving in the grade of
rear admiral with responsibilities for marine safety, security, and
stewardship possesses that experience.
``(b)(1) The appointment and the grade of vice admiral under this
section 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 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 to carry
out effectively the duties and responsibilities of that position.''.
(2) Application of deputy commandant qualification
requirement.--The requirement under section 50(a)(4)(A) of
title 14, United States Code, as amended by this subsection,
shall apply on and after October 1, 2011.
(d) Repeal.--Section 50a of title 14, United States Code, is
repealed.
(e) Conforming Amendment.--Section 51 of that title is amended--
(1) by amending subsections (a), (b), and (c) to read as
follows:
``(a) An officer, other than the Commandant, who, while serving in
the grade of admiral or 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 admiral or vice admiral, or who, after serving
at least two and one-half years in the grade of admiral or 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 two and one-half years in the grade of admiral or vice
admiral, is retired while serving in a lower grade, shall be retired in
his permanent grade.''; and
(2) in subsection (d)(2) by striking ``Area Commander, or
Chief of Staff'' and inserting ``or Vice Admirals''.
(f) Continuity of Grade.--Section 52 of title 14, United States
Code, is amended--
(1) in the section heading by inserting ``and admirals''
after ``Vice admirals''; and
(2) in the text by inserting ``or admiral'' after ``vice
admiral'' the first time that term appears.
(g) 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 or 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 in the grade of rear admiral.''.
(h) Treatment of Incumbents; Transition.--
(1) Vice commandant.--Notwithstanding any other provision
of law, the officer who, on the date of enactment of this Act,
is serving in the Coast Guard as Vice Commandant--
(A) shall continue to serve as Vice Commandant;
(B) shall have the grade of admiral with pay and
allowances of that grade; and
(C) shall not be required to be reappointed by
reason of the enactment of this Act.
(2) Chief of staff, commander, atlantic area, or
commander, pacific area.--Notwithstanding any other provision
of law, an officer who, on the date of enactment of this Act,
is serving in the Coast Guard 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 or her duties
and appointed and confirmed to another position as a
vice admiral or admiral; and
(B) for the purposes of transition, may continue,
for not more than one 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.
(i) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 3 of
title 14, United States Code, 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 50 and
inserting the following:
``50. Vice admirals.'';
(C) by striking the item relating to section 50a;
and
(D) by striking the item relating to section 52 and
inserting the following:
``52. Vice admirals and admirals, continuity of grade.''.
(j) Technical Correction.--Section 47 of title 14, United States
Code, is further amended in the fifth sentence by striking
``subsection'' and inserting ``section''.
Subtitle B--Marine Safety Administration
SEC. 721. MARINE SAFETY.
(a) Establish Marine Safety as a Coast Guard Function.--Chapter 5
of title 14, United States Code, is further amended by adding at the
end the following new section:
``Sec. 101. Marine safety
``To protect life, property, and the environment on, under, and
over waters subject to the jurisdiction of the United States and on
vessels subject to the jurisdiction of the United States, the
Commandant shall promote maritime safety as follows:
``(1) By taking actions necessary and in the public
interest to protect such life, property, and the environment.
``(2) Based on the following priorities:
``(A) Preventing marine casualties and threats to
the environment.
``(B) Minimizing the impacts of marine casualties
and environmental threats.
``(C) Maximizing lives and property saved and
environment protected in the event of a marine
casualty.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is further amended by adding at the end the following new item:
``101. Marine safety.''.
SEC. 722. MARINE SAFETY STAFF.
(a) In General.--Chapter 3 of title 14, United States Code, is
further amended by adding at the end the following new sections:
``Sec. 57. Marine safety workforce
``(a) Designation of Marine Safety Workforce.--
``(1) In general.--The Secretary, acting through the
Commandant, shall designate those positions in the Coast Guard
that constitute the marine safety workforce.
``(2) Required positions.--In designating positions under
paragraph (1), the Secretary shall include, at a minimum, the
following marine safety-related positions:
``(A) Program oversight.
``(B) Vessel and facility inspection.
``(C) Casualty investigation.
``(D) Pollution investigation.
``(E) Merchant Mariner licensing, documentation,
and registry.
``(F) Marine safety engineering or other technical
activities.
``(3) Marine safety management headquarter activities.--The
Secretary shall also designate under paragraph (1) those marine
safety-related positions located at Coast Guard headquarters
units, including the Marine Safety Center and the National
Maritime Center.
``(b) 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 careers in marine safety 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 marine safety positions. The
Secretary shall make available published information on such career
paths.
``(c) Qualifications.--With regard to the marine safety workforce,
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 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.
``(d) Apprenticeship Requirement.--Any officer, member, or employee
of the Coast Guard in training to become a marine inspector, marine
casualty investigator, or a marine safety engineer shall serve a
minimum of one-year apprenticeship, unless otherwise directed by the
Commandant, under the guidance of a qualified marine inspector, marine
casualty investigator, or marine safety engineer. The Commandant may
authorize shorter apprenticeship periods for certain qualifications, as
appropriate.
``(e) Balanced Workforce Policy.--In the development of marine
safety workforce policies under this section with respect to any
civilian employees or applicants for employment with the Coast Guard,
the Secretary shall, consistent with the merit system principles set
out in paragraphs (1) and (2) of section 2301(b) of title 5, take into
consideration the need to maintain a balanced workforce in which women
and members of racial and ethnic minority groups are appropriately
represented in Government service.
``(f) Management Information System.--The Secretary, acting through
the Commandant, shall establish a management information system for the
marine safety workforce that shall provide, at a minimum, the following
standardized information on persons serving in marine safety positions:
``(1) Qualifications, assignment history, and tenure in
assignments of persons in the marine safety workforce.
``(2) Promotion rates for military and civilian personnel
in the marine safety workforce.
``(g) 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.
``(h) Sector Chief of Marine Safety.--
``(1) In general.--There shall be in each Coast Guard
sector a Chief of Marine Safety 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--
``(A) marine inspector, qualified to inspect
vessels, vessel systems, and equipment commonly found
in the sector; and
``(B) qualified marine casualty investigator.
``(2) Functions.--The Chief of Marine Safety for a sector--
``(A) is responsible for all individuals who, on
behalf of the Coast Guard, inspect or examine vessels,
conduct marine casualty investigations; and
``(B) if not the Coast Guard officer in command of
that sector, is the principal advisor to the Sector
Commander regarding marine safety matters in that
sector.
``(i) Signatories of Letter of Qualification.--Each individual
signing a letter of qualification for marine safety personnel must hold
a letter of qualification for the type being certified.
``Sec. 58. Centers of Expertise for Marine Safety
``(a) Establishment.--The Commandant of the Coast Guard may
establish and operate one or more Centers of Expertise for Marine
Safety (in this section referred to as a `Center').
``(b) Missions.--The Centers shall--
``(1) be used to provide and facilitate education,
training, and research in marine safety including vessel
inspection and causality investigation;
``(2) develop a repository of information on marine safety;
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. Marine safety workforce.
``58. Centers of Expertise for Marine Safety.
``59. Marine industry training program.''.
SEC. 723. 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 and the Assistant
Commandant for Marine Safety shall jointly assess the progress
of the Coast Guard toward achieving the goals set forth in
subsection (b). The Commandant and the Assistant Commandant
shall jointly convey their assessment to the employees of the
Assistant Commandant 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. 724. 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)(4) 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. 725. APPEALS AND WAIVERS.
(a) In General.--Chapter 5 of title 14, United States Code, is
further amended by inserting at the end the following new section:
``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. 726. COAST GUARD ACADEMY.
(a) In General.--Chapter 9 of title 14, United States Code, is
further amended by adding at the end the following new section:
``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. 727. REPORT REGARDING CIVILIAN MARINE INSPECTORS.
Not later than one year after the date of enactment of this Act,
the Commandant of the Coast Guard shall submit to the Committee on
Transportation and 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 VIII--MARINE SAFETY
SEC. 801. SHORT TITLE.
This title may be cited as the ``Maritime Safety Act of 2009''.
SEC. 802. VESSEL SIZE LIMITS.
(a) Length, Tonnage, and Horsepower.--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 ``; or''; 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.''.
(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 Maritime Safety
Act of 2009 and except as provided in paragraph (4),
the owner of a vessel eligible under subsection (a),
(b), (c), (d), or (e) (other than paragraph (21)), 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.
``(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), (d), or (e)
(other than paragraph (21)) and that qualifies to be
documented with a fishery endorsement pursuant to
section 203(g) or 213(g) may be replaced with a
replacement vessel under paragraph (1) if the vessel
that is replaced is validly documented with a fishery
endorsement pursuant to section 203(g) or 213(g) before
the replacement vessel is documented with a fishery
endorsement under section 12113 of title 46, United
States Code.
``(B) Applicability.--A replacement vessel under
subparagraph (A) and its owner and mortgagee are
subject to the same limitations under section 203(g) or
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
Maritime Safety Act of 2009.
``(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) 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 amended--
(A) by inserting ``and'' after ``(United States
official number 651041)'';
(B) by striking ``, NORTHERN TRAVELER (United
States official number 635986), and NORTHERN VOYAGER
(United States official number 637398) (or a
replacement vessel for the NORTHERN VOYAGER that
complies with paragraphs (2), (5), and (6) of section
208(g) of this Act)''; and
(C) by striking ``, in the case of the NORTHERN''
and all that follows through ``PHOENIX,''.
(3) Fishery cooperative exit 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 Maritime Safety Act of 2009;
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. 803. COLD WEATHER SURVIVAL TRAINING.
The Commandant of the Coast Guard shall report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the efficacy of cold weather survival training conducted by the Coast
Guard in Coast Guard District 17 over the preceding 5 years. The report
shall include plans for conducting such training in fiscal years 2010
through 2013.
SEC. 804. FISHING VESSEL SAFETY.
(a) Safety Standards.--Section 4502 of title 46, United States
Code, is amended--
(1) in subsection (a), by--
(A) striking paragraphs (6) and (7) and inserting
the following:
``(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 established 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.--Section
5102(b)(3) of title 46, United States Code, is amended by inserting
after ``vessel'' the following ``, unless the vessel is built or
undergoes a major conversion completed after July 1, 2010''.
(e) Classing of Vessels.--
(1) In general.--Section 4503 of title 46, United States
Code, is amended--
(A) by striking the section heading and 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--
``(1) is built after July 1, 2010; or
``(2) undergoes a major conversion completed after that
date.
``(d)(1) After January 1, 2020, a fishing vessel, fish processing
vessel, or fish tender vessel to which section 4502(b) of this title
applies shall comply with an alternate safety compliance program that
is developed in 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, 2010; and
``(C) is 25 years of age or older.
``(2) Alternative safety compliance programs may be developed for
purposes of paragraph (1) for specific regions and fisheries.
``(3) A fishing vessel, fish processing vessel, or fish tender
vessel to which section 4502(b) of this title applies that was classed
before July 1, 2010, shall--
``(A) remain subject to the requirements of a
classification society approved by the Secretary; and
``(B) have on board a certificate from that 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) of the title 46, United States Code, as
amended by this section.
SEC. 805. MARINER RECORDS.
Section 7502 of title 46, United States Code, is amended--
(1) by inserting ``(a)'' before ``The'';
(2) by striking ``computerized records'' and 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 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. 806. 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. 807. 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. 808. SAFE OPERATIONS AND EQUIPMENT STANDARDS.
(a) In General.--Chapter 21 of title 46, United States Code, is
further amended by adding at the end the following new sections:
``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. 809. 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. 810. 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. 811. PROTECTION AGAINST DISCRIMINATION.
(a) In General.--Section 2114 of title 46, United States Code, is
amended--
(1) in subsection (a)(1)(A), by striking ``or'' after the
semicolon;
(2) in subsection (a)(1)(B), by striking the 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. 812. 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 2009, 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. 813. OATHS.
Sections 7105 and 7305 of title 46, United States Code, and the
items relating to such sections in the analysis for chapters 71 and 73
of such title, are repealed.
SEC. 814. DURATION OF CREDENTIALS.
(a) Merchant Mariner's Documents.--Section 7302(f) of title 46,
United States Code, is amended to read as follows:
``(f) Periods of Validity and Renewal of 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. 815. FINGERPRINTING.
(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. Fingerprinting
``The Secretary of the Department in which the Coast Guard is
operating may not require an individual to be fingerprinted for the
issuance or renewal of a license, a certificate of registry, or a
merchant mariner's document under chapter 71 or 73 if the individual
was fingerprinted when the individual applied for a transportation
security card under section 70105.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``7507. Fingerprinting.''.
SEC. 816. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES,
CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS'
DOCUMENTS.
(a) Merchant Mariner Licenses and Documents.--Chapter 75 of title
46, United States Code, as amended by section 815(a) of this title, is
further amended by adding at the end the following:
``Sec. 7508. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
``(a) Licenses and Certificates of Registry.--Notwithstanding
sections 7106 and 7107, the Secretary of the department in which the
Coast Guard is operating may--
``(1) extend for not more than one year an expiring license
or certificate of registry issued for an individual under
chapter 71 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 71 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 71 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 71 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, as amended
by section 815(b), is further amended by adding at the end the
following:
``7508. Authority to extend the duration of licenses, certificates of
registry, and merchant mariner
documents.''.
SEC. 817. MERCHANT MARINER DOCUMENTATION.
(a) Interim Clearance Process.--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 shall develop an interim clearance process
for issuance of a merchant mariner document to enable a newly hired
seaman to begin working on an offshore supply vessel or towing vessel
if the Secretary makes an initial determination that the seaman does
not pose a safety and security risk.
(b) Contents of Process.--The process under subsection (a) shall
include a check against the consolidated and integrated terrorist watch
list maintained by the Federal Government, review of the seaman's
criminal record, and review of the results of testing the seaman for
use of a dangerous drug (as defined in section 2101 of title 46, United
States Code) in violation of law or Federal regulation.
SEC. 818. MERCHANT MARINER ASSISTANCE REPORT.
Not later than 180 days after the date of enactment of this Act,
the Commandant of the Coast Guard shall submit to the Committee on
Transportation and 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. 819. OFFSHORE SUPPLY VESSELS.
(a) Definition.--Section 2101(19) of title 46, United States Code,
is amended by striking ``of more than 15 gross tons but less than 500
gross tons as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title''.
(b) Exemption.--Section 5209(b)(1) of the Oceans Act of 1992
(Public Law 102-587; 46 U.S.C. 2101 note) is amended by inserting
before the period at the end the following: ``of less than 500 gross
tons as measured under section 14502, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
(c) Removal of Tonnage Limits.--
(1) Able seamen-offshore supply vessels.--Section 7310 of
title 46, United States Code, is amended by striking ``of less
than 500 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
(2) Scale of employment: able seamen.--Section 7312(d) of
title 46, United States Code, is amended by striking ``of less
than 500 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
(d) Watches.--Section 8104 of title 46, United States Code, is
amended--
(1) in subsection (g), by inserting after ``offshore supply
vessel'' the following: ``of less than 500 gross tons as
measured under section 14502 of this title, or less than 6,000
gross tons as measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title'';
(2) in subsection (d), by inserting ``(1)'' after ``(d)'',
and by adding at the end the following:
``(2) Paragraph (1) does not apply to an offshore supply vessel of
at least 6,000 gross tons as measured under section 14302 of this title
if the individuals engaged on the vessel are in compliance with hours
of service requirements (including recording and record-keeping of that
service) prescribed by the Secretary.''; and
(3) in subsection (e), by striking ``subsection (d)'' and
inserting ``subsection (d)(1)''.
(e) 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 6,000 gross tons,
as measured under section 14302 of this title, on a voyage of less than
600 miles shall have at least one licensed mate. Such a vessel on a
voyage of 600 miles or more shall have two licensed mates.
``(2) An offshore supply vessel of more than 200 gross tons as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title, may not be operated
without a licensed engineer.
``(3) An offshore supply vessel shall have at least one mate.
Additional mates on an offshore supply vessel of at least 6,000 gross
tons as measured under section 14302 of this title shall be prescribe
in accordance with hours of service requirements (including recording
and record-keeping of that service) prescribed by the Secretary.''.
(f) Regulations.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating shall promulgate regulations to
implement the amendments enacted by this section and chapter 37
of title 46, United States Code, for offshore supply vessels of
at least 6,000 gross tons, before January 1, 2010.
(2) Interim final rule authority.--The Secretary shall
issue an interim final rule as a temporary regulation
implementing this section (including the amendments made by
this section), and chapter 37 of title 46, United States Code,
for offshore supply vessels of at least 6,000 gross tons, as
soon as practicable after the date of enactment of this
section, without regard to the provisions of chapter 5 of title
5, United States Code. All regulations prescribed under the
authority of this paragraph that are not earlier superseded by
final regulations shall expire not later than 1 year after the
date of enactment of this Act.
(3) Initiation of rulemaking.--The Secretary may initiate a
rulemaking to implement this section (including the amendments
made by this section), and chapter 37 of title 46, United
States Code, for offshore supply vessels of at least 6,000
gross tons, as soon as practicable after the date of enactment
of this section. The final rule issued pursuant to that
rulemaking may supersede the interim final rule promulgated
under this subsection.
(4) Interim period.--After the date of enactment of this
Act and prior to the effective date of the regulations
promulgated to implement the amendments enacted by this section
under paragraph (2), and notwithstanding the tonnage limits of
applicable regulations promulgated prior to the date of
enactment of this Act, the Secretary may--
(A) issue a certificate of inspection under section
3309 of title 46, United States Code, to an offshore
supply vessel of at least 500 gross tons as measured
under section 14502 of title 46, United States Code, or
of at least 6,000 gross tons as measured under section
14302 of title 46, United States Code, if the Secretary
determines that such vessel's arrangements, equipment,
classification, and certifications provide for the safe
carriage of individuals in addition to the crew and oil
and hazardous substances, taking 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;
(B) for the purpose of enforcing chapter 37 of
title 46, United States Code, use tank vessel standards
for offshore supply vessels of at least 6,000 gross
tons after considering the characteristics, methods of
operation, and nature of the service of the vessel; and
(C) authorize a master, mate, or engineer whom the
Secretary decides possesses the experience on an
offshore supply vessel under 6,000 gross tons to serve
on an offshore supply vessel over at least 6,000 gross
tons.
SEC. 820. ASSOCIATED EQUIPMENT.
Section 2101(1)(B) of title 46, United States Code, is amended by
inserting ``with the exception of emergency locator beacons,'' before
``does''.
SEC. 821. LIFESAVING DEVICES ON UNINSPECTED VESSELS.
Section 4102(b) of title 46, United States Code, is amended to read
as follows:
``(b) The Secretary shall prescribe regulations requiring the
installation, maintenance, and use of life preservers and other
lifesaving devices for individuals on board uninspected vessels.''.
SEC. 822. 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. 823. 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 to Establish a
Towing Safety Advisory Committee in the Department of Transportation
(33 U.S.C. 1231a) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) There is established a Towing Safety Advisory Committee
(hereinafter referred to as the `Committee'). The Committee shall
consist of eighteen members with particular expertise, knowledge, and
experience regarding 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.''.
TITLE IX--CRUISE VESSEL SAFETY
SEC. 901. SHORT TITLE.
This title may be cited as the ``Cruise Vessel Security and Safety
Act of 2009''.
SEC. 902. FINDINGS.
The Congress makes the following findings:
(1) There are approximately 200 overnight ocean-going
cruise vessels worldwide. The average ocean-going cruise vessel
carries 2,000 passengers with a crew of 950 people.
(2) In 2007 alone, approximately 12,000,000 passengers were
projected to take a cruise worldwide.
(3) Passengers on cruise vessels have an inadequate
appreciation of their potential vulnerability to crime while on
ocean voyages, and those who may be victimized lack the
information they need to understand their legal rights or to
know whom to contact for help in the immediate aftermath of the
crime.
(4) Sexual violence, the disappearance of passengers from
vessels on the high seas, and other serious crimes have
occurred during luxury cruises.
(5) Over the last 5 years, sexual assault and physical
assaults on cruise vessels were the leading crimes investigated
by the Federal Bureau of Investigation with regard to cruise
vessel incidents.
(6) These crimes at sea can involve attacks both by
passengers and crew members on other passengers and crew
members.
(7) Except for United States flagged vessels, or foreign
flagged vessels operating in an area subject to the direct
jurisdiction of the United States, there are no Federal
statutes or regulations that explicitly require cruise lines to
report alleged crimes to United States Government officials.
(8) It is not known precisely how often crimes occur on
cruise vessels or exactly how many people have disappeared
during ocean voyages because cruise line companies do not make
comprehensive, crime-related data readily available to the
public.
(9) Obtaining reliable crime-related cruise data from
governmental sources can be difficult, because multiple
countries may be involved when a crime occurs on the high seas,
including the flag country for the vessel, the country of
citizenship of particular passengers, and any countries having
special or maritime jurisdiction.
(10) It can be difficult for professional crime
investigators to immediately secure an alleged crime scene on a
cruise vessel, recover evidence of an onboard offense, and
identify or interview potential witnesses to the alleged crime.
(11) Most cruise vessels that operate into and out of
United States ports are registered under the laws of another
country, and investigations and prosecutions of crimes against
passengers and crew members may involve the laws and
authorities of multiple nations.
(12) The Coast Guard has found it necessary to establish
500-yard security zones around cruise vessels to limit the risk
of terrorist attack. Recently piracy has dramatically increased
throughout the world.
(13) To enhance the safety of cruise passengers, the owners
of cruise vessels could upgrade, modernize, and retrofit the
safety and security infrastructure on such vessels by
installing peep holes in passenger room doors, installing
security video cameras in targeted areas, limiting access to
passenger rooms to select staff during specific times, and
installing acoustic hailing and warning devices capable of
communicating over distances.
SEC. 903. CRUISE VESSEL SECURITY AND SAFETY REQUIREMENTS.
(a) In General.--Chapter 35 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 3507. Passenger vessel security and safety requirements
``(a) Vessel Design, Equipment, Construction, and Retrofitting
Requirements.--
``(1) In general.--Each vessel to which this subsection
applies shall comply with the following design and construction
standards:
``(A) The vessel shall be equipped with ship rails
that are located not less than 42 inches above the
cabin deck.
``(B) Each passenger stateroom and crew cabin shall
be equipped with entry doors that include peep holes or
other means of visual identification.
``(C) For any vessel the keel of which is laid
after the date of enactment of the Cruise Vessel
Security and Safety Act of 2009, each passenger
stateroom and crew cabin shall be equipped with--
``(i) security latches; and
``(ii) time-sensitive key technology.
``(D) The vessel shall integrate technology that
can be used for capturing images of passengers or
detecting passengers who have fallen overboard, to the
extent that such technology is available.
``(E) The vessel shall be equipped with a
sufficient number of operable acoustic hailing or other
such warning devices to provide communication
capability around the entire vessel when operating in
high risk areas (as defined by the United States Coast
Guard).
``(2) Fire safety codes.--In administering the requirements
of paragraph (1)(C), the Secretary shall take into
consideration fire safety and other applicable emergency
requirements established by the U.S. Coast Guard and under
international law, as appropriate.
``(3) Effective date.--
``(A) In general.--Except as provided in
subparagraph (B), the requirements of paragraph (1)
shall take effect 18 months after the date of enactment
of the Cruise Vessel Security and Safety Act of 2009.
``(B) Latch and key requirements.--The requirements
of paragraph (1)(C) take effect on the date of
enactment of the Cruise Vessel Security and Safety Act
of 2009.
``(b) Video Recording.--
``(1) Requirement to maintain surveillance.--The owner of a
vessel to which this section applies shall maintain a video
surveillance system to assist in documenting crimes on the
vessel and in providing evidence for the prosecution of such
crimes, as determined by the Secretary.
``(2) Access to video records.--The owner of a vessel to
which this section applies shall provide to any law enforcement
official performing official duties in the course and scope of
an investigation, upon request, a copy of all records of video
surveillance that the official believes may provide evidence of
a crime reported to law enforcement officials.
``(c) Safety Information.--The owner of a vessel to which this
section applies shall provide in each passenger stateroom, and post in
a location readily accessible to all crew and in other places specified
by the Secretary, information regarding the locations of the United
States embassy and each consulate of the United States for each country
the vessel will visit during the course of the voyage.
``(d) Sexual Assault.--The owner of a vessel to which this section
applies shall--
``(1) maintain on the vessel adequate, in-date supplies of
anti-retroviral medications and other medications designed to
prevent sexually transmitted diseases after a sexual assault;
``(2) maintain on the vessel equipment and materials for
performing a medical examination in sexual assault cases to
evaluate the patient for trauma, provide medical care, and
preserve relevant medical evidence;
``(3) make available on the vessel at all times medical
staff who have undergone a credentialing process to verify that
he or she--
``(A) possesses a current physician's or registered
nurse's license and--
``(i) has at least 3 years of post-graduate
or post-registration clinical practice in
general and emergency medicine; or
``(ii) holds board certification in
emergency medicine, family practice medicine,
or internal medicine;
``(B) is able to provide assistance in the event of
an alleged sexual assault, has received training in
conducting forensic sexual assault examination, and is
able to promptly perform such an examination upon
request and provide proper medical treatment of a
victim, including administration of anti-retroviral
medications and other medications that may prevent the
transmission of human immunodeficiency virus and other
sexually transmitted diseases; and
``(C) meets guidelines established by the American
College of Emergency Physicians relating to the
treatment and care of victims of sexual assault;
``(4) prepare, provide to the patient, and maintain written
documentation of the findings of such examination that is
signed by the patient; and
``(5) provide the patient free and immediate access to--
``(A) contact information for local law
enforcement, the Federal Bureau of Investigation, the
United States Coast Guard, the nearest United States
consulate or embassy, and the National Sexual Assault
Hotline program or other third party victim advocacy
hotline service; and
``(B) a private telephone line and Internet-
accessible computer terminal by which the individual
may confidentially access law enforcement officials, an
attorney, and the information and support services
available through the National Sexual Assault Hotline
program or other third party victim advocacy hotline
service.
``(e) Confidentiality of Sexual Assault Examination and Support
Information.--The master or other individual in charge of a vessel to
which this section applies shall--
``(1) treat all information concerning an examination under
subsection (d) confidential, so that no medical information may
be released to the cruise line or other owner of the vessel or
any legal representative thereof without the prior knowledge
and approval in writing of the patient, or, if the patient is
unable to provide written authorization, the patient's next-of-
kin, except that nothing in this paragraph prohibits the
release of--
``(A) information, other than medical findings,
necessary for the owner or master of the vessel to
comply with the provisions of subsection (g) or other
applicable incident reporting laws;
``(B) information to secure the safety of
passengers or crew on board the vessel; or
``(C) any information to law enforcement officials
performing official duties in the course and scope of
an investigation; and
``(2) treat any information derived from, or obtained in
connection with, post-assault counseling or other supportive
services confidential, so no such information may be released
to the cruise line or any legal representative thereof without
the prior knowledge and approval in writing of the patient, or,
if the patient is unable to provide written authorization, the
patient's next-of-kin.
``(f) Crew Access to Passenger Staterooms.--The owner of a vessel
to which this section applies shall--
``(1) establish and implement procedures and restrictions
concerning--
``(A) which crew members have access to passenger
staterooms; and
``(B) the periods during which they have that
access; and
``(2) ensure that the procedures and restrictions are fully
and properly implemented and periodically reviewed.
``(g) Log Book and Reporting Requirements.--
``(1) In general.--The owner of a vessel to which this
section applies shall--
``(A) record in a log book, either electronically
or otherwise, in a centralized location readily
accessible to law enforcement personnel, a report on--
``(i) all complaints of crimes described in
paragraph (3)(A)(i),
``(ii) all complaints of theft of property
valued in excess of $1,000, and
``(iii) all complaints of other crimes,
committed on any voyage that embarks or disembarks
passengers in the United States; and
``(B) make such log book available upon request to
any agent of the Federal Bureau of Investigation, any
member of the United States Coast Guard, and any law
enforcement officer performing official duties in the
course and scope of an investigation.
``(2) Details required.--The information recorded under
paragraph (1) shall include, at a minimum--
``(A) the vessel operator;
``(B) the name of the cruise line;
``(C) the flag under which the vessel was operating
at the time the reported incident occurred;
``(D) the age and gender of the victim and the
accused assailant;
``(E) the nature of the alleged crime or complaint,
as applicable, including whether the alleged
perpetrator was a passenger or a crew member;
``(F) the vessel's position at the time of the
incident, if known, or the position of the vessel at
the time of the initial report;
``(G) the time, date, and method of the initial
report and the law enforcement authority to which the
initial report was made;
``(H) the time and date the incident occurred, if
known;
``(I) the total number of passengers and the total
number of crew members on the voyage; and
``(J) the case number or other identifier provided
by the law enforcement authority to which the initial
report was made.
``(3) Requirement to report crimes and other information.--
``(A) In general.--The owner of a vessel to which
this section applies (or the owner's designee)--
``(i) shall contact the nearest Federal
Bureau of Investigation Field Office or Legal
Attache by telephone as soon as possible after
the occurrence on board the vessel of an
incident involving homicide, suspicious death,
a missing United States national, kidnapping,
assault with serious bodily injury, any offense
to which section 2241, 2242, 2243, or 2244 (a)
or (c) of title 18 applies, firing or tampering
with the vessel, or theft of money or property
in excess of $10,000 to report the incident;
``(ii) shall furnish a written report of
the incident to the Secretary via an Internet
based portal;
``(iii) may report any serious incident
that does not meet the reporting requirements
of clause (i) and that does not require
immediate attention by the Federal Bureau of
Investigation via the Internet based portal
maintained by the Secretary of Transportation;
and
``(iv) may report any other criminal
incident involving passengers or crew members,
or both, to the proper State or local
government law enforcement authority.
``(B) Incidents to which subparagraph (A)
applies.--Subparagraph (A) applies to an incident
involving criminal activity if--
``(i) the vessel, regardless of registry,
is owned, in whole or in part, by a United
States person, regardless of the nationality of
the victim or perpetrator, and the incident
occurs when the vessel is within the admiralty
and maritime jurisdiction of the United States
and outside the jurisdiction of any State;
``(ii) the incident concerns an offense by
or against a United States national committed
outside the jurisdiction of any nation;
``(iii) the incident occurs in the
Territorial Sea of the United States,
regardless of the nationality of the vessel,
the victim, or the perpetrator; or
``(iv) the incident concerns a victim or
perpetrator who is a United States national on
a vessel during a voyage that departed from or
will arrive at a United States port.
``(4) Availability of incident data via internet.--
``(A) Website.--The Secretary of Transportation
shall maintain a statistical compilation of all
incidents described in paragraph (3)(A)(i) on an
Internet site that provides a numerical accounting of
the missing persons and alleged crimes recorded in each
report filed under paragraph (3)(A)(i) that are no
longer under investigation by the Federal Bureau of
Investigation. The data shall be updated no less
frequently than quarterly, aggregated by--
``(i) cruise line, with each cruise line
identified by name; and
``(ii) whether each crime was committed by
a passenger or a crew member.
``(B) Access to website.--Each cruise line taking
on or discharging passengers in the United States shall
include a link on its Internet website to the website
maintained by the Secretary under subparagraph (A).
``(h) Enforcement.--
``(1) Penalties.--
``(A) Civil penalty.--Any person that violates this
section or a regulation under this section shall be
liable for a civil penalty of not more than $25,000 for
each day during which the violation continues, except
that the maximum penalty for a continuing violation is
$50,000.
``(B) Criminal penalty.--Any person that willfully
violates this section or a regulation under this
section shall be fined not more than $250,000 or
imprisoned not more than 1 year, or both.
``(2) Denial of entry.--The Secretary may deny entry into
the United States to a vessel to which this section applies if
the owner of the vessel--
``(A) commits an act or omission for which a
penalty may be imposed under this subsection; or
``(B) fails to pay a penalty imposed on the owner
under this subsection.
``(i) Procedures.--Within 6 months after the date of enactment of
the Cruise Vessel Security and Safety Act of 2009, the Secretary shall
issue guidelines, training curricula, and inspection and certification
procedures necessary to carry out the requirements of this section.
``(j) Regulations.--The Secretary of Transportation and the
Commandant shall each issue such regulations as are necessary to
implement this section.
``(k) Application.--
``(1) In general.--This section and section 3508 apply to a
passenger vessel (as defined in section 2101(22)) that--
``(A) is authorized to carry at least 250
passengers;
``(B) has onboard sleeping facilities for each
passenger;
``(C) is on a voyage that embarks or disembarks
passengers in the United States; and
``(D) is not engaged on a coastwise voyage.
``(2) Federal and state vessels.--This section and section
3508 do not apply to a vessel that is owned and operated by the
United States Government or a vessel that is owned and operated
by a State.
``(l) Owner Defined.--In this section and section 3508, the term
`owner' means the owner, charterer, managing operator, master, or other
individual in charge of a vessel.
``Sec. 3508. Crime scene preservation training for passenger vessel
crew members
``(a) In General.--Within 1 year after the date of enactment of the
Cruise Vessel Security and Safety Act of 2009, the Secretary, in
consultation with the Director of the Federal Bureau of Investigation
and the Maritime Administrator, shall develop training standards and
curricula to allow for the certification of passenger vessel security
personnel, crew members, and law enforcement officials on the
appropriate methods for prevention, detection, evidence preservation,
and reporting of criminal activities in the international maritime
environment. The Administrator of the Maritime Administration may
certify organizations in the United States and abroad that offer the
curriculum for training and certification under subsection (c).
``(b) Minimum Standards.--The standards established by the
Secretary under subsection (a) shall include--
``(1) the training and certification of vessel security
personnel, crew members, and law enforcement officials in
accordance with accepted law enforcement and security
guidelines, policies, and procedures, including recommendations
for incorporating a background check process for personnel
trained and certified in foreign countries;
``(2) the training of students and instructors in all
aspects of prevention, detection, evidence preservation, and
reporting of criminal activities in the international maritime
environment; and
``(3) the provision or recognition of off-site training and
certification courses in the United States and foreign
countries to develop and provide the required training and
certification described in subsection (a) and to enhance
security awareness and security practices related to the
preservation of evidence in response to crimes on board
passenger vessels.
``(c) Certification Requirement.--Beginning 2 years after the
standards are established under subsection (b), no vessel to which this
section applies may enter a United States port on a voyage (or voyage
segment) on which a United States citizen is a passenger unless there
is at least 1 crew member onboard who is certified as having
successfully completed training in the prevention, detection, evidence
preservation, and reporting of criminal activities in the international
maritime environment on passenger vessels under subsection (a).
``(d) Interim Training Requirement.--No vessel to which this
section applies may enter a United States port on a voyage (or voyage
segment) on which a United States citizen is a passenger unless there
is at least 1 crew member onboard who has been properly trained in the
prevention, detection, evidence preservation and the reporting
requirements of criminal activities in the international maritime
environment. The owner of such a vessel shall maintain certification or
other documentation, as prescribed by the Secretary, verifying the
training of such individual and provide such documentation upon request
for inspection in connection with enforcement of the provisions of this
section. This subsection shall take effect 1 year after the date of
enactment of the Cruise Vessel Safety and Security Act of 2009 and
shall remain in effect until superseded by the requirements of
subsection (c).
``(e) Civil Penalty.--Any person that violates this section or a
regulation under this section shall be liable for a civil penalty of
not more than $50,000.
``(f) Denial of Entry.--The Secretary may deny entry into the
United States to a vessel to which this section applies if the owner of
the vessel--
``(1) commits an act or omission for which a penalty may be
imposed under subsection (e); or
``(2) fails to pay a penalty imposed on the owner under
subsection (e).''.
(b) Clerical Amendment.--The table of contents for such chapter is
amended by adding at the end the following:
``3507. Passenger vessel security and safety requirements.
``3508. Crime scene preservation training for passenger vessel crew
members.''.
SEC. 904. STUDY AND REPORT ON THE SECURITY NEEDS OF PASSENGER VESSELS.
(a) In General.--Within 3 months after the date of enactment of
this Act, the Secretary of the department in which the United States
Coast Guard is operating shall conduct a study of the security needs of
passenger vessels depending on number of passengers on the vessels, and
report to the Congress findings of the study and recommendations for
improving security on those vessels.
(b) Report Contents.--In recommending appropriate security on those
vessels, the report shall take into account typical crew member shifts,
working conditions of crew members, and length of voyages.
TITLE X--UNITED STATES MARINER PROTECTION
SEC. 1001. SHORT TITLE.
This title may be cited as the ``United States Mariner and Vessel
Protection Act of 2009''.
SEC. 1002. USE FORCE AGAINST PIRACY.
(a) In General.--Chapter 81 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 8107. Use of force against piracy
``An owner, operator, time charterer, master, or mariner 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 any injury or
death caused by such force to any person participating in the act of
piracy.''.
(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.''.
SEC. 1003. AGREEMENTS.
To carry out the purpose of this title, 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 acts of piracy against the vessels of,
and in the waters under the jurisdiction of, those nations, and to
ensure limitations on liability similar to those established by section
8107 of title 46, United States Code, as amended by this title.
TITLE XI--PORT SECURITY
SEC. 1101. MARITIME HOMELAND SECURITY PUBLIC AWARENESS PROGRAM.
The Secretary of Homeland Security shall establish a program to
help prevent acts of terrorism and other activities that jeopardize
maritime homeland security, by seeking the cooperation of the
commercial and recreational boating industries and the public to
improve awareness of activity in the maritime domain and report
suspicious or unusual activity.
SEC. 1102. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.
(a) In General.--Not later than 120 days after completing the pilot
program under section 70105(k)(1) of title 46, United States Code, to
test TWIC access 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 the Committee
on Homeland Security and Governmental Affairs 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, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Homeland Security and Governmental
Affairs of the Senate an assessment of the report's findings and
recommendations.
SEC. 1103. REVIEW OF INTERAGENCY OPERATIONAL CENTERS.
(a) In General.--Within 180 days of enactment of this Act, the
Department of Homeland Security Inspector General shall provide a
report to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committees on Homeland Security and Governmental Affairs and
Commerce, Science, and Transportation of the Senate concerning the
establishment of Interagency Operational Centers for Port Security
required by section 108 of the SAFE Port Act (Public Law 109-347).
(b) Report.--The report shall include--
(1) an examination of the Department's efforts to establish
the Interagency Operational Centers;
(2) a timeline for construction;
(3) a detailed breakdown, by center, as to the
incorporation of those representatives required by section
70107A(b)(3) of title 46, United States Code;
(4) an analysis of the hurdles faced by the Department in
developing these centers;
(5) information on the number of security clearances
attained by State, local, and tribal officials participating in
the program; and
(6) an examination of the relationship between the
Interagency Operational Centers and State, local and regional
fusion centers participating in the Department of Homeland
Security's State, Local, and Regional Fusion Center Initiative
under section 511 of the Implementing the Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110-53), with a
particular emphasis on--
(A) how the centers collaborate and coordinate
their efforts; and
(B) the resources allocated by the Coast Guard to
both initiatives.
SEC. 1104. MARITIME SECURITY RESPONSE TEAMS.
(a) In General.--Section 70106 of title 46, United States Code, is
amended by striking subsection (c) and inserting the following:
``(c) Maritime Security Response Teams.--
``(1) In general.--In addition to the maritime safety and
security teams, the Secretary shall establish no less than two
maritime security response teams to act as the Coast Guard's
rapidly deployable counterterrorism and law enforcement
response units that can apply advanced interdiction skills in
response to threats of maritime terrorism.
``(2) Minimization of response time.--The maritime security
response teams shall be stationed in such a way to minimize, to
the extent practicable, the response time to any reported
maritime terrorist threat.
``(d) Coordination With Other Agencies.--To the maximum extent
feasible, each maritime safety and security team and maritime security
response team shall coordinate its activities with other Federal,
State, and local law enforcement and emergency response agencies.''.
SEC. 1105. COAST GUARD DETECTION CANINE TEAM 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 240 days after the
date of enactment of this Act, 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--
(A) 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;
(B) support expansion and upgrading of existing
canine training facilities operated by the department
in which the Coast Guard is operating; and
(C) as appropriate, partner with other Federal,
State, or local agencies, nonprofit organizations,
universities, or the private sector to increase the
breeding and training capacity for Coast Guard canine
detection teams.
(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).
(d) Authorization.--There are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this section for
fiscal years 2008 through 2012.
SEC. 1106. COAST GUARD PORT ASSISTANCE PROGRAM.
(a) In General.--Section 70110 of title 46, United States Code, is
amended by adding at the end the 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;
``(B) to assist the port or facility in meeting
standards established under section 70109A of this
chapter; and
``(C) to assist the port or facility in exceeding
the standards described in subparagraphs (A) and (B).
``(2) Conditions.--The Secretary--
``(A) shall provide such assistance based upon an
assessment of the risks to the security of the United
States and the inability of the owner or operator of
the port or facility otherwise to bring the port or
facility into compliance with those standards and to
maintain compliance with them;
``(B) may not provide such assistance unless the
port or facility has been subjected to a comprehensive
port security assessment by the Coast Guard or a third
party entity certified by the Secretary under section
70110A(b) to validate foreign port or facility
compliance with International Ship and Port Facility
Code standards; and
``(C) may only lend, lease, or otherwise provide
equipment that the Secretary has first determined is
not required by the Coast Guard for the performance of
its missions.''.
(b) Safety and Security Assistance for 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) The chapter analysis for chapter 701 of title
46, United States Code, is amended by striking the item
relating to section 70110 and inserting the following:
``70110. Actions and assistance for foreign ports or facilities and
United States territories''.
SEC. 1107. MARITIME BIOMETRIC IDENTIFICATION.
(a) In General.--Within one year after the date of the enactment of
this Act, the Secretary of Homeland Security, acting through the
Commandant of the Coast Guard, 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) Cost Analysis.--Within 90 days after the date of the enactment
of this Act, the Secretary shall submit to the Committees on
Appropriations and Homeland Security of the House of Representatives
and the Committees on Appropriations and Homeland Security and
Governmental Affairs of the Senate an analysis of the cost of expanding
the Coast Guard's biometric identification capabilities for use by the
Coast Guards 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) Definition.--For the purposes of this section, the term
``biometric identification'' means use of fingerprint and digital
photography images.
SEC. 1108. REVIEW OF POTENTIAL THREATS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Homeland Security shall 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 a report analyzing
the threat, vulnerability, and consequence of a terrorist attack on
gasoline and chemical cargo shipments in port activity areas in the
United States.
SEC. 1109. PORT SECURITY PILOT.
The Secretary of Homeland Security shall establish a pilot program
to test and deploy preventive radiological or nuclear detection
equipment on Coast Guard vessels and other locations in select port
regions to enhance border security and for other purposes. The pilot
program shall leverage existing Federal grant funding to support this
program and the procurement of additional equipment.
SEC. 1110. SEASONAL WORKERS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the effects that the Transportation Worker
Identification Card (in this section referred to as ``TWIC'') required
by section 70105 of title 46, United States Code, has on companies that
employ seasonal employees.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Comptroller General shall submit a report to the
Committee on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the results of
the study, including--
(1) costs associated in requiring seasonal employees to
obtain TWIC cards on companies;
(2) whether the Coast Guard and Transportation Security
Administration are processing TWIC applications quickly enough
for seasonal workers to obtain TWIC certification;
(3) whether TWIC compliance costs or other factors have led
to a reduction in service;
(3) the impact of TWIC on the recruiting and hiring of
seasonal and other temporary employees; and
(4) an assessment of possible alternatives to TWIC
certification that may be used for seasonal employees including
any security vulnerabilities created by those alternatives.
SEC. 1111. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND FACILITY-
BASED LIQUEFIED NATURAL GAS REGASIFICATION PROCESSES.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, acting through the Commandant
of the Coast Guard, shall enter into an arrangement for the performance
of an independent study to conduct a comparative risk assessment
examining the relative safety and security risk associated with vessel-
based and facility-based liquefied natural gas regasification processes
conducted within 3 miles from land versus such processes conducted more
than 3 miles from land.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary Homeland Security, acting through the
Commandant, shall provide a report on the findings and conclusions of
the study required by this section to the Committees on Homeland
Security, Transportation and Infrastructure, and Energy and Commerce of
the House of Representatives, and the Committees on Homeland Security
and Governmental Affairs and Commerce, Science, and Transportation of
the Senate.
SEC. 1112. 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, to be fingerprinted at any
facility operated by or under contract with an agency of the Department
of Homeland Security that fingerprints the public for the Department.
(b) Expiration.--This section expires on December 31, 2012.
SEC. 1113. 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. 1114. INTERNATIONAL LABOR STUDY.
The Comptroller General of the United States shall conduct a study
of methods to conduct a background security investigation of an
individual who possesses a biometric identification card that complies
with International Labor Convention number 185 that are equivalent to
the investigation conducted on individuals applying for a visa to enter
the United States. The Comptroller General shall submit a report on the
study within 180 days after the date of enactment of this Act to the
Committee on 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.
SEC. 1115. 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 ``2010;'';
(B) by repealing paragraph (2);
(C) by striking ``(1)''; and
(D) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2).
SEC. 1116. 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. 1117. WATERSIDE SECURITY AROUND ESPECIALLY HAZARDOUS MATERIAL
TERMINALS AND TANKERS.
(a) Enforcement of Security Zones.--Consistent with other
provisions of Federal law, any security zone established by the Coast
Guard around a tanker containing an especially hazardous material shall
be enforced by the Coast Guard. If the Coast Guard must enforce
multiple simultaneous security zones, the Coast Guard shall allocate
resources so as to deter to the maximum extent practicable a
transportation security incident (as that term is defined in section
70101 of title 46, United States Code).
(b) Limitation on Reliance on State and Local Government.--Any
security arrangement approved as part of a facility security plan
approved after the date of enactment of this Act under section 70103 of
title 46, United States Code, to assist in the enforcement of any
security zone established by the Coast Guard around a tanker containing
an especially hazardous material, or around an especially hazardous
material terminal on or adjacent to the navigable waters of the United
States and served by tankers carrying especially hazardous materials,
may not be based upon the provision of security by a State or local
government unless the State or local government has entered into a
contract, cooperative agreement, or other arrangement with the terminal
operator to provide such services and the Secretary of the department
in which the Coast Guard is operating, acting through the Commandant of
the Coast Guard, ensures that the waterborne patrols operated as part
of that security arrangement by a State or local government have the
training, resources, personnel, equipment, and experience necessary to
deter to the maximum extent practicable a transportation security
incident (as that term is defined in section 70101 of title 46, United
States Code).
(c) Determination Required for New Terminals.--The Secretary of the
department in which the Coast Guard is operating, acting through the
Commandant of the Coast Guard, may not approve a facility security plan
under section 70103 of title 46, United States Code, for a new
especially hazardous material terminal the construction of which is
begun after the date of enactment of this Act unless the Secretary
determines that the Coast Guard sector in which the terminal is located
has available the resources, including State and local government
resources in accordance with subsection (b), to carry out the
navigation and maritime security risk management measures identified by
the Coast Guard pursuant to the Ports and Waterways Safety Act.
(d) Especially Hazardous Material Defined.--The term ``especially
hazardous material'' means anhydrous ammonia, ammonium nitrate,
chlorine, liquefied natural gas, liquefied petroleum gas, and any other
substance identified by the Secretary of the department in which the
Coast Guard is operating as an especially hazardous material.
SEC. 1118. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.
(a) Notice of Determination.--Consistent with other provisions of
law, the Secretary of Homeland Security must notify the Federal Energy
Regulatory Commission when a determination is made that the waterway to
a proposed waterside liquefied natural gas facility is suitable or
unsuitable for the marine traffic associated with such facility.
(b) Federal Energy Regulatory Commission Response.--The Federal
Energy Regulatory Commission shall respond to the Secretary's
determination under subsection (a) by informing the Secretary within 90
days of notification or at the conclusion of any available appeal
process, whichever is later, of what action the Commission has taken,
pursuant to its authorities under the Natural Gas Act, regarding a
proposal to construct and operate a waterside liquefied natural gas
facility subject to a determination made under subsection (a).
SEC. 1119. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY
CARDS.
The Secretary of Homeland Security may use a secondary
authentication system for individuals applying for transportation
security cards when fingerprints are not able to be taken or read to
enhance transportation security.
SEC. 1120. REPORT ON STATE AND LOCAL LAW ENFORCEMENT AUGMENTATION OF
COAST GUARD RESOURCES WITH RESPECT TO SECURITY ZONES AND
UNITED STATES PORTS.
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
shall submit to the Committees on Transportation and Infrastructure and
Homeland Security of the House of Representatives and the Committees on
Commerce, Science, and Transportation and Homeland Security and
Governmental Affairs of the Senate a report on the extent to which
State and local law enforcement entities are augmenting Coast Guard
resources by enforcing Coast Guard-imposed security zones around
vessels transiting to, through, or from United States ports and
conducting port security patrols. At a minimum, the report shall
specify-
(1) 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;
(2) 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 provided through these
agreements;
(3) 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 (as that term is defined in section 70101 of title 46,
United States Code);
(4) the extent to which the Coast Guard has assessed the
ability of State and local law enforcement entities to carry
out the security assignments which 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 these
entities can deter to the maximum extent practicable a
transportation security incident (as that term is defined in
section 70101 of title 46, United States Code);
(5) 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 (as that term is
defined in section 70101 of title 46, United States Code);
(6) 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
(7) 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.
SEC. 1121. ASSESSMENT OF TRANSPORTATION SECURITY CARD ENROLLMENT SITES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security 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 September 23, 2009; 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.
TITLE XII--ALIEN SMUGGLING
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Alien Smuggling and Terrorism
Prevention Act of 2009''.
SEC. 1202. FINDINGS.
The Congress makes the following findings:
(1) Alien smuggling by land, air and sea is a transnational
crime that violates the integrity of United States borders,
compromises our Nation's sovereignty, places the country at
risk of terrorist activity, and contravenes the rule of law.
(2) Aggressive enforcement activity against alien smuggling
is needed to protect our borders and ensure the security of our
Nation. The border security and anti-smuggling efforts of the
men and women on the Nation's front line of defense are to be
commended. Special recognition is due the Department of
Homeland Security through the United States Border Patrol,
United States Coast Guard, Customs and Border Protection, and
Immigration and Customs Enforcement, and the Department of
Justice through the Federal Bureau of Investigation.
(3) The law enforcement community must be given the
statutory tools necessary to address this security threat. Only
through effective alien smuggling statutes can the Justice
Department, through the United States Attorneys' Offices and
the Domestic Security Section of the Criminal Division,
prosecute these cases successfully.
(4) Alien smuggling has a destabilizing effect on border
communities. State and local law enforcement, medical
personnel, social service providers, and the faith community
play important roles in combating smuggling and responding to
its effects.
(5) Existing penalties for alien smuggling are insufficient
to provide appropriate punishment for alien smugglers.
(6) Existing alien smuggling laws often fail to reach the
conduct of alien smugglers, transporters, recruiters, guides,
and boat captains.
(7) Existing laws concerning failure to heave to are
insufficient to appropriately punish boat operators and crew
who engage in the reckless transportation of aliens on the high
seas and seek to evade capture.
(8) Much of the conduct in alien smuggling rings occurs
outside of the United States. Extraterritorial jurisdiction is
needed to ensure that smuggling rings can be brought to justice
for recruiting, sending, and facilitating the movement of those
who seek to enter the United States without lawful authority.
(9) Alien smuggling can include unsafe or recklessly
dangerous conditions that expose individuals to particularly
high risk of injury or death.
SEC. 1203. CHECKS AGAINST TERRORIST WATCHLIST.
The Secretary of Homeland Security shall, to the extent
practicable, check against all available terrorist watchlists those
persons suspected of alien smuggling and smuggled individuals who are
interdicted at the land, air, and sea borders of the United States.
SEC. 1204. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS.
Section 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended--
(1) by amending the subsection heading to read as follows:
``Bringing In, Harboring, and Smuggling of Unlawful and
Terrorist Aliens.--'';
(2) by amending paragraphs (1) through (2) to read as
follows:
``(1)(A) Whoever, knowing or in reckless disregard of the fact that
an individual is an alien who lacks lawful authority to come to, enter,
or reside in the United States, knowingly--
``(i) brings that individual to the United States in any
manner whatsoever regardless of any future official action
which may be taken with respect to such individual;
``(ii) recruits, encourages, or induces that individual to
come to, enter, or reside in the United States;
``(iii) transports or moves that individual in the United
States, in furtherance of their unlawful presence; or
``(iv) harbors, conceals, or shields from detection the
individual in any place in the United States, including any
building or any means of transportation;
or attempts or conspires to do so, shall be punished as provided in
subparagraph (C).
``(B) Whoever, knowing that an individual is an alien, brings that
individual to the United States in any manner whatsoever at a place,
other than a designated port of entry or place designated by the
Secretary of Homeland Security, regardless of whether such individual
has received prior official authorization to come to, enter, or reside
in the United States and regardless of any future official action which
may be taken with respect to such individual, or attempts or conspires
to do so, shall be punished as provided in subparagraph (C).
``(C) Whoever commits an offense under this paragraph shall, for
each individual in respect to whom such a violation occurs--
``(i) if the offense results in the death of any person, be
fined under title 18, United States Code, and subject to the
penalty of death or imprisonment for any term of years or for
life;
``(ii) if the offense involves kidnapping, an attempt to
kidnap, the conduct required for aggravated sexual abuse (as
defined in section 2241 of title 18, United States Code,
without regard to where it takes place), or an attempt to
commit such abuse, or an attempt to kill, be fined under title
18, United States Code, or imprisoned for any term of years or
life, or both;
``(iii) if the offense involves an individual who the
defendant knew was engaged in or intended to engage in
terrorist activity (as defined in section 212(a)(3)(B)), be
fined under title 18, United States Code, or imprisoned not
more than 30 years, or both;
``(iv) if the offense results in serious bodily injury (as
defined in section 1365 of title 18, United States Code) or
places in jeopardy the life of any person, be fined under title
18, United States Code, or imprisoned not more than 20 years,
or both;
``(v) if the offense is a violation of paragraph (1)(A)(i)
and was committed for the purpose of profit, commercial
advantage, or private financial gain, or if the offense was
committed with the intent or reason to believe that the
individual unlawfully brought into the United States will
commit an offense against the United States or any State that
is punishable by imprisonment for more than 1 year, be fined
under title 18, United States Code, and imprisoned, in the case
of a first or second violation, not less than 3 nor more than
10 years, and for any other violation, not less than 5 nor more
than 15 years;
``(vi) if the offense is a violation of paragraphs
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was
committed for the purpose of profit, commercial advantage, or
private financial gain, be fined under title 18, United States
Code, or imprisoned not more than 10 years, or both;
``(vii) if the offense involves the transit of the
defendant's spouse, child, sibling, parent, grandparent, or
niece or nephew, and the offense is not described in any of
clauses (i) through (vi), be fined under title 18, United
States Code, or imprisoned not more than 1 year, or both; and
``(viii) in any other case, be fined under title 18, United
States Code, or imprisoned not more than 5 years, or both.
``(2)(A) There is extraterritorial jurisdiction over the offenses
described in paragraph (1).
``(B) In a prosecution for a violation of, or an attempt or
conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or
(a)(1)(B), that occurs on the high seas, no defense based on necessity
can be raised unless the defendant--
``(i) as soon as practicable, reported to the Coast Guard
the circumstances of the necessity, and if a rescue is claimed,
the name, description, registry number, and location of the
vessel engaging in the rescue; and
``(ii) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien into the land
territory of the United States without lawful authority, unless
exigent circumstances existed that placed the life of that
alien in danger, in which case the reporting requirement set
forth in clause (i) is satisfied by notifying the Coast Guard
as soon as practicable after delivering the alien to emergency
medical or law enforcement personnel ashore.
``(C) It is not a violation of, or an attempt or conspiracy to
violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph
(1)(A)(ii) (except if a person recruits, encourages, or induces an
alien to come to or enter the United States), for a religious
denomination having a bona fide nonprofit, religious organization in
the United States, or the agents or officer of such denomination or
organization, to encourage, invite, call, allow, or enable an alien who
is present in the United States to perform the vocation of a minister
or missionary for the denomination or organization in the United States
as a volunteer who is not compensated as an employee, notwithstanding
the provision of room, board, travel, medical assistance, and other
basic living expenses, provided the minister or missionary has been a
member of the denomination for at least one year.
``(D) For purposes of this paragraph and paragraph (1)--
``(i) the term `United States' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States; and
``(ii) the term `lawful authority' means permission,
authorization, or waiver that is expressly provided for in the
immigration laws of the United States or the regulations
prescribed under those laws and does not include any such
authority secured by fraud or otherwise obtained in violation
of law or authority that has been sought but not approved.''.
SEC. 1205. MARITIME LAW ENFORCEMENT.
(a) Penalties.--Subsection (b) of section 2237 of title 18, United
States Code, is amended to read as follows:
``(b) Whoever intentionally violates this section shall--
``(1) if the offense results in death or involves
kidnapping, an attempt to kidnap, the conduct required for
aggravated sexual abuse (as defined in section 2241 without
regard to where it takes place), or an attempt to commit such
abuse, or an attempt to kill, be fined under such title or
imprisoned for any term of years or life, or both;
``(2) if the offense results in serious bodily injury (as
defined in section 1365 of this title) or transportation under
inhumane conditions, be fined under this title, imprisoned not
more than 15 years, or both;
``(3) if the offense is committed in the course of a
violation of section 274 of the Immigration and Nationality Act
(alien smuggling); chapter 77 (peonage, slavery, and
trafficking in persons), section 111 (shipping), 111A
(interference with vessels), 113 (stolen property), or 117
(transportation for illegal sexual activity) of this title;
chapter 705 (maritime drug law enforcement) of title 46, or
title II of the Act of June 15, 1917 (Chapter 30; 40 Stat.
220), be fined under this title or imprisoned for not more than
10 years, or both; and
``(4) in any other case, be fined under this title or
imprisoned for not more than 5 years, or both.''.
(b) Limitation on Necessity Defense.--Section 2237(c) of title 18,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by adding at the end the following:
``(2) In a prosecution for a violation of this section, no defense
based on necessity can be raised unless the defendant--
``(A) as soon as practicable upon reaching shore, delivered
the person with respect to which the necessity arose to
emergency medical or law enforcement personnel;
``(B) as soon as practicable, reported to the Coast Guard
the circumstances of the necessity resulting giving rise to the
defense; and
``(C) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien, as that term
is defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101 (a)(3)), into the land territory
of the United States without lawful authority, unless exigent
circumstances existed that placed the life of that alien in
danger, in which case the reporting requirement of subparagraph
(B) is satisfied by notifying the Coast Guard as soon as
practicable after delivering that person to emergency medical
or law enforcement personnel ashore.''.
(c) Definition.--Section 2237(e) of title 18, United States Code,
is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the term `transportation under inhumane conditions'
means the transportation of persons in an engine compartment,
storage compartment, or other confined space, transportation at
an excessive speed, transportation of a number of persons in
excess of the rated capacity of the means of transportation, or
intentionally grounding a vessel in which persons are being
transported.''.
SEC. 1206. AMENDMENT TO THE SENTENCING GUIDELINES.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and, if appropriate,
amend the sentencing guidelines and policy statements applicable to
persons convicted of alien smuggling offenses and criminal failure to
heave to or obstruction of boarding.
(b) Considerations.--In carrying out this section, the Sentencing
Commission, shall--
(1) consider providing sentencing enhancements or
stiffening existing enhancements for those convicted of
offenses described in subsection (a) that--
(A) involve a pattern of continued and flagrant
violations;
(B) are part of an ongoing commercial organization
or enterprise;
(C) involve aliens who were transported in groups
of 10 or more;
(D) involve the transportation or abandonment of
aliens in a manner that endangered their lives; or
(E) involve the facilitation of terrorist activity;
and
(2) consider cross-references to the guidelines for
Criminal Sexual Abuse and Attempted Murder.
(c) Expedited Procedures.--The Commission may promulgate the
guidelines or amendments under this section in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987, as
though the authority under that Act had not expired.
TITLE XIII--MISCELLANEOUS PROVISIONS
SEC. 1301. CERTIFICATE OF DOCUMENTATION FOR 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 striking paragraphs (3) and (4) and redesignating
paragraph (5) as paragraph (3); and
(3) in paragraph (3) (as so redesignated) by striking all
after ``shall expire'' and inserting ``on the date of the sale
of the vessel by the owner.''.
SEC. 1302. WAIVERS.
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) OCEAN VERITAS (IMO Number 7366805).
(2) MAYA (United States official number 11073).
(3) ZIPPER (State of New York regulation number NY3205EB).
(4) GULF DIVER IV (United States official number 553457).
(5) M/V GEYSIR (United States official number 622178).
SEC. 1303. GREAT LAKES MARITIME RESEARCH INSTITUTE.
Section 605 of the Coast Guard and Maritime Transportation Act of
2004 (118 Stat. 1052) is amended--
(1) in subsection (b)(1)--
(A) by striking ``The Secretary of Transportation
shall conduct a study that'' and inserting ``The
Institute shall conduct maritime transportation studies
of the Great Lakes region, including studies that'';
(B) in subparagraphs (A), (B), (C), (E), (F), (H),
(I), and (J) by striking ``evaluates'' and inserting
``evaluate'';
(C) in subparagraphs (D) and (G) by striking
``analyzes'' and inserting ``analyze'';
(D) by striking ``and'' at the end of subparagraph
(I);
(E) by striking the period at the end of
subparagraph (J) and inserting a semicolon;
(F) by adding at the end the following:
``(K) identify ways to improve the integration of
the Great Lakes marine transportation system into the
national transportation system;
``(L) examine the potential of expanded operations
on the Great Lakes marine transportation system;
``(M) identify ways to include intelligent
transportation applications into the Great Lakes marine
transportation system;
``(N) analyze the effects and impacts of aging
infrastructure and port corrosion on the Great Lakes
marine transportation system;
``(O) establish and maintain a model Great Lakes
marine transportation system database; and
``(P) identify market opportunities for, and
impediments to, the use of United States-flag vessels
in trade with Canada on the Great Lakes.''; and
(2) by striking subsection (b)(4) and inserting the
following:
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out paragraph (1)--
``(A) $2,400,000 for fiscal year 2010;
``(B) $2,500,000 for fiscal year 2011;
``(C) $2,600,000 for fiscal year 2012; and
``(D) $2,700,000 for fiscal year 2013.''.
SEC. 1304. CONVEYANCE OF COAST GUARD BOAT HOUSE, NANTUCKET,
MASSACHUSETTS.
(a) Station Brant Point Boat House.--
(1) Requirement.--The Secretary of the department in which
the Coast Guard is operating shall convey to the town of
Nantucket, Massachusetts, all right, title, and interest of the
United States in and to the buildings known as the Station
Brant Point Boat House located at Coast Guard Station Brant
Point, Nantucket, Massachusetts, for use for a public purpose.
(2) Terms of conveyance.--A conveyance of the building
under paragraph (1) shall be made--
(A) without the payment of consideration; and
(B) subject to appropriate terms and conditions the
Secretary considers necessary.
(3) Reversionary interest.--All right, title, and interest
in property conveyed under this subsection shall revert to the
United States if any portion of the property is used other than
for a public purpose.
(b) Lease.--
(1) Requirement.--The Secretary of the department in which
the Coast Guard is operating shall enter into a lease with the
town of Nantucket that authorizes the town of Nantucket to
occupy the land on which the buildings conveyed under
subsection (a) are located, subject to appropriate terms and
conditions the Secretary considers necessary.
(2) Lease term.--A lease under this subsection shall not
expire before January 31, 2033.
(3) Termination of lease.--If the Secretary determines that
the property leased under paragraph (1) is necessary for
purposes of the Coast Guard, the Secretary--
(A) may terminate the lease without payment of
compensation; and
(B) shall provide the town of Nantucket not less
than 12 months notice of the requirement to vacate the
site and move the buildings conveyed under subsection
(a) to another location.
SEC. 1305. CREW WAGES ON PASSENGER VESSELS.
(a) Foreign and Intercoastal Voyages.--
(1) Cap on penalty wages.--Section 10313(g) of title 46,
United States Code, is 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. 1306. TECHNICAL CORRECTIONS.
(a) Coast Guard and Maritime Transportation Act of 2006.--Effective
with enactment of the Coast Guard and Maritime Transportation Act of
2006 (Public Law 109-241), such Act is amended--
(1) in section 311(b) (120 Stat. 530) by 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.
(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. 1307. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER STORIS.
(a) In General.--Upon the scheduled decommissioning of the Coast
Guard Cutter STORIS, the Commandant of the Coast Guard shall convey,
without consideration, all right, title, and interest of the United
States in and to that vessel to the USCG Cutter STORIS Museum and
Maritime Education Center, LLC, located in the State of Alaska if the
recipient--
(1) agrees--
(A) to use the vessel for purposes of a museum and
historical display;
(B) not to use the vessel for commercial
transportation purposes;
(C) to make the vessel available to the United
States Government if needed for use by the Commandant
in time of war or a national emergency; and
(D) to hold the Government harmless for any claims
arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls, after
conveyance of the vessel, except for claims arising
from the use by the Government under subparagraph (C);
(2) has funds available that will be committed to operate
and maintain in good working condition the vessel conveyed, in
the form of cash, liquid assets, or a written loan commitment
and in an amount of at least $700,000; and
(3) agrees to any other conditions the Commandant considers
appropriate.
(b) Maintenance and Delivery of Vessel.--
(1) Maintenance.--Before conveyance of the vessel under
this section, the Commandant shall make, to the extent
practical and subject to other Coast Guard mission
requirements, every effort to maintain the integrity of the
vessel and its equipment until the time of delivery.
(2) Delivery.--If a conveyance is made under this section,
the Commandant shall deliver the vessel to a suitable mooring
in the local area in its present condition.
(3) Treatment of conveyance.--The conveyance of the vessel
under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of Public Law 94-469 (15
U.S.C. 2605(e)).
(c) Other Excess Equipment.--The Commandant may convey to the
recipient of a conveyance under subsection (a) any excess equipment or
parts from other decommissioned Coast Guard vessels for use to enhance
the operability and function of the vessel conveyed under subsection
(a) for purposes of a museum and historical display.
SEC. 1308. CONVEYANCE OF COAST GUARD HU-25 FALCON JET AIRCRAFT.
(a) Authority To Convey.--Notwithstanding any other law, the
Commandant of the Coast Guard may convey to the Elizabeth City State
University (in this section referred to as the ``University''), a
public university located in the State of North Carolina, without
consideration all right, title, and interest of the United States in an
HU-25 Falcon Jet aircraft under the administrative jurisdiction of the
Coast Guard that the Commandant determines--
(1) is appropriate for use by the University; and
(2) is excess to the needs of the Coast Guard.
(b) Conditions.--
(1) In general.--As a condition of conveying an aircraft to
the University under subsection (a), the Commandant shall enter
into an agreement with the University under which the
University agrees--
(A) to utilize the aircraft for educational
purposes or other public purposes as jointly agreed
upon by the Commandant and the University before
conveyance; and
(B) to hold the United States harmless for any
claim arising with respect to the aircraft after
conveyance of the aircraft.
(2) Reversionary interest.--If the Commandant determines
that the recipient violated subparagraph (A) or (B) of
paragraph (1), then--
(A) all right, title, and interest in the aircraft
shall revert to the United States;
(B) the United States shall have the right to
immediate possession of the aircraft; and
(C) the recipient shall pay the United States for
its costs incurred in recovering the aircraft for such
violation.
(c) Limitation on Future Transfers.--
(1) In general.--The Commandant shall include in the
instruments for the conveyance a requirement that any further
conveyance of an interest in the aircraft may not be made
without the approval in advance of the Commandant.
(2) Reversionary interest.--If the Commandant determines
that an interest in the aircraft was conveyed without such
approval, then--
(A) all right, title, and interest in the aircraft
shall revert to the United States;
(B) the United States shall have the right to
immediate possession of the aircraft; and
(C) the recipient shall pay the United States for
its costs incurred in recovering the aircraft for such
a violation.
(d) Delivery of Aircraft.--The Commandant shall deliver the
aircraft conveyed under subsection (a)--
(1) at the place where the aircraft is located on the date
of the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(e) Additional Terms and Conditions.--The Commandant may require
such additional terms and conditions in connection with the conveyance
required by subsection (a) as the Commandant considers appropriate to
protect the interests of the United States.
SEC. 1309. DECOMMISSIONED COAST GUARD VESSELS FOR HAITI.
(a) In General.--Notwithstanding any other law, upon the scheduled
decommissioning of any Coast Guard 41-foot patrol boat, the Commandant
of the Coast Guard shall give the Government of Haiti a right-of-first-
refusal for conveyance of that vessel to the Government of Haiti, if
that Government of Haiti agrees--
(1) to use the vessel for the Coast Guard of Haiti;
(2) to make the vessel available to the United States
Government if needed for use by the Commandant in time of war
or national emergency;
(3) to hold the United States Government harmless for any
claims arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls, after conveyance of the
vessel, except for claims arising from the use by the United
States Government under paragraph (2); and
(4) to any other conditions the Commandant considers
appropriate.
(b) Limitation.--The Commandant may not convey more than 10 vessels
to the Government of Haiti pursuant to this section.
(c) Maintenance and Delivery of Vessel.--
(1) Maintenance.--Before conveyance of a vessel under this
section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort
to maintain the integrity of the vessel and its equipment until
the time of delivery.
(2) Delivery.--If a conveyance is made under this section,
the Commandant shall deliver a vessel to a suitable mooring in
the local area in its present condition.
(3) Treatment of conveyance.--The conveyance of a vessel
under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of Public Law 94-469 (15
U.S.C. 2605(e)).
SEC. 1310. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.
(a) In General.--Notwithstanding section 12111(d) of title 46,
United States Code, foreign-flag 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 section 12111(d) of title
46, United States Code.
(d) Savings Provision.--Nothing in subsection (a) may be construed
to authorize the employment in the coastwise trade of a vessel that
does not meet the requirements of section 12112 of title 46, United
States Code.
SEC. 1311. VESSEL TRAFFIC RISK ASSESSMENT.
(a) Requirement.--The Commandant of the Coast Guard, acting through
the appropriate Area Committee established under section 311(j)(4) of
the Federal Water Pollution Control Act, shall prepare a vessel traffic
risk assessment for Cook Inlet, Alaska, within one year after the date
of enactment of this Act.
(b) Contents.--The assessment shall describe, for the region
covered by the assessment--
(1) the amount and character of present and estimated
future shipping traffic in the region; and
(2) the current and projected use and effectiveness in
reducing risk, of--
(A) traffic separation schemes and routing
measures;
(B) long-range vessel tracking systems developed
under section 70115 of title 46, United States Code;
(C) towing, response, or escort tugs;
(D) vessel traffic services;
(E) emergency towing packages on vessels;
(F) increased spill response equipment including
equipment appropriate for severe weather and sea
conditions;
(G) the Automatic Identification System developed
under section 70114 of title 46, United States Code;
(H) particularly sensitive sea areas, areas to be
avoided, and other traffic exclusion zones;
(I) aids to navigation; and
(J) vessel response plans.
(c) Recommendations.--
(1) In general.--The assessment shall include any
appropriate recommendations to enhance the safety, or lessen
potential adverse environmental impacts, of marine shipping.
(2) 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.
(d) Provision to Congress.--The Commandant shall provide a copy of
the assessment to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Commandant $1,000,000 for fiscal year 2010 to the
conduct the assessment.
SEC. 1312. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO
FACILITIES.
(a) Purposes.--The purposes of this section are--
(1) to authorize a project study to evaluate the
feasibility of consolidating and relocating Coast Guard
facilities at Coast Guard Sector Buffalo within the study area;
(2) to obtain a preliminary plan for the design,
engineering, and construction for the consolidation of Coast
Guard facilities at Sector Buffalo; and
(3) to distinguish what Federal lands, if any, shall be
identified as excess after the consolidation.
(b) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Sector buffalo.--The term ``Sector Buffalo'' means
Coast Guard Sector Buffalo of the Ninth Coast Guard District.
(3) Study area.--The term ``study area'' means the area
consisting of approximately 31 acres of real property and any
improvements thereon that are commonly identified as Coast
Guard Sector Buffalo, located at 1 Fuhrmann Boulevard, Buffalo,
New York, and under the administrative control of the Coast
Guard.
(c) Study.--
(1) In general.--Within 12 months after the date on which
funds are first made available to carry out this section, the
Commandant shall conduct a project proposal report of the study
area and shall submit such report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) Requirements.--The project proposal report shall--
(A) evaluate the most cost-effective method for
providing shore facilities to meet the operational
requirements of Sector Buffalo;
(B) determine the feasibility of consolidating and
relocating shore facilities on a portion of the
existing site, while--
(i) meeting the operational requirements of
Sector Buffalo; and
(ii) allowing the expansion of operational
requirements of Sector Buffalo; and
(C) contain a preliminary plan for the design,
engineering, and construction of the proposed project,
including--
(i) the estimated cost of the design,
engineering, and construction of the proposed
project;
(ii) an anticipated timeline of the
proposed project; and
(iii) a description of what Federal lands,
if any, shall be considered excess to Coast
Guard needs.
(d) Limitation.--Nothing in this section shall affect the current
administration and management of the study area.
SEC. 1313. CONVEYANCE OF COAST GUARD VESSELS TO MISSISSIPPI.
(a) Authority To Convey.--Notwithstanding the Federal Property and
Administrative Services Act of 1949, the Commandant of the Coast Guard
may convey to each recipient described in subsection (b) (in this
section referred to as the ``Sheriff's Department''), without
consideration all right, title, and interest of the United States in
and to a Coast Guard trailerable boat, ranging from 17 feet to 30 feet
in size, that the Commandant determines--
(1) is appropriate for use by the Sheriff's Department; and
(2) is excess to the needs of the Coast Guard and the
Department of Homeland Security.
(b) Recipients.--The recipients referred to in subsection (a) are
the following:
(1) The Sheriff's Department of Coahoma County,
Mississippi.
(2) The Sheriff's Department of Warren County, Mississippi.
(3) The Sheriff's Department of Washington County,
Mississippi.
(c) Condition.--As a condition of conveying a vessel under the
authority provided in subsection (a), the Commandant shall enter into
an agreement with the Sheriff's Department under which the Sheriff's
Department agrees--
(1) to utilize the vessel for homeland security and other
appropriate purposes as jointly agreed upon by the Commandant
and the Sheriff's Department before conveyance; and
(2) to take the vessel ``as is'' and to hold the United
States harmless for any claim arising with respect to that
vessel after conveyance of the vessel, including any claims
arising from the condition of the vessel and its equipment or
exposure to hazardous materials.
(d) Delivery of Vessel.--The Commandant shall deliver the vessel
conveyed under the authority provided in subsection (a)--
(1) at the place where the vessel is located on the date of
the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(e) Other Excess Equipment.--The Commandant may further convey any
excess equipment or parts from other Coast Guard vessels, which are
excess to the needs of the Coast Guard and the Department of Homeland
Security, to the Sheriff's Department for use to enhance the
operability of the vessel conveyed under the authority provided in
subsection (a).
(f) Additional Terms and Conditions.--The Commandant 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. 1314. COAST GUARD ASSETS FOR UNITED STATES VIRGIN ISLANDS.
(a) In General.--The Secretary of Homeland Security may station
additional Coast Guard assets in the United States Virgin Islands for
port security and other associated purposes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal year 2010 such sums as are
necessary to carry out this section.
SEC. 1315. OFFICER REQUIREMENTS FOR DISTANT WATER TUNA VESSELS.
Section 8103 of title 46, United States Code, is amended by adding
at the end the follow new subsection:
``(l) Officer Requirements for Distant Water Tuna Vessels.--
``(1) Citizenship.--Notwithstanding subsection (a), a purse
seine tuna fishing vessel documented under chapter 121 fishing
exclusively for highly migratory species under a fishing
license issued pursuant to the 1987 Treaty on Fisheries Between
the Governments of Certain Pacific Islands States and the
Government of the United States of America in the treaty area
(as that term is used in that treaty), or transiting to or from
the treaty area exclusively for such purpose, may engage an
individual who is not a citizen of the United States to fill a
vacancy in a position referred to in subsection (a) (except for
the master) if, after timely public notice of the vacancy, no
United States citizens are readily available to fill the
vacancy.
``(2) Restrictions.--
``(A) In general.--An individual may not be engaged
under paragraph (1) unless the individual holds a valid
license or certificate issued--
``(i) in accordance with the standards
established by the 1995 amendments to the
Convention on Standards of Training,
Certification and Watchkeeping for Seafarers,
1978 (STCW 95); and
``(ii) by an authority that the Secretary
of the department in which the Coast Guard is
operating recognizes as imposing competency and
training standards equivalent to or exceeding
those required for a issued under chapter 71.
``(B) Limitation on application.--Paragraph (1)
applies only to engagement of an individual on a vessel
that--
``(i) is homeported in American Samoa,
Guam, or the Northern Mariana Islands; and
``(ii) has passed an annual commercial
fishing vessel safety exam administered by a
individual authorized to enforce this title.
``(3) Treatment of equivalent license.--The Secretary of
the department in which the Coast Guard is operating shall
treat a license held by an individual engaged under paragraph
(1) that was issued by a foreign government as meeting the
requirements of section 8304 with respect to that engagement,
if the Secretary determines that the standards for issuing that
license are equivalent to the standards that apply under that
section.''.
SEC. 1316. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN
HIGH LATITUDE REGIONS.
Within 270 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives assessing the need for
additional Coast Guard prevention and response capability in the high
latitude regions. The assessment shall address needs for all Coast
Guard mission areas, including search and rescue, marine pollution
response and prevention, fisheries enforcement, and maritime commerce.
The Secretary shall include in the report--
(1) an assessment of the high latitude operating
capabilities of all current Coast Guard assets, including
assets acquired under the Deepwater program;
(2) an assessment of projected needs for Coast Guard
forward operating bases in the high latitude regions;
(3) an assessment of shore infrastructure, personnel,
logistics, communications, and resources requirements to
support Coast Guard forward operating bases in the high
latitude regions;
(4) an assessment of the need for high latitude icebreaking
capability and the capability of the current high latitude
icebreaking assets of the Coast Guard, including--
(A) whether the Coast Guard's high latitude
icebreaking fleet is meeting current mission
performance goals;
(B) whether the fleet is capable of meeting
projected mission performance goals; and
(C) an assessment of the material condition,
safety, and working conditions aboard high latitude
icebreaking assets, including the effect of those
conditions on mission performance;
(5) a detailed estimate of acquisition costs for each of
the assets (including shore infrastructure) necessary for
additional prevention and response capability in high latitude
regions for all Coast Guard mission areas, and an estimate of
operations and maintenance costs for such assets for the
initial 10-year period of operations; and
(6) detailed cost estimates (including operating and
maintenance for a period of 10 years) for high latitude
icebreaking capability to ensure current and projected future
mission performance goals are met, including estimates of the
costs to--
(A) renovate and modernize the Coast Guard's
existing high latitude icebreaking fleet; and
(B) replace the Coast Guard's existing high
latitude icebreaking fleet.
SEC. 1317. STUDY OF REGIONAL RESPONSE VESSEL AND SALVAGE CAPABILITY FOR
OLYMPIC PENINSULA COAST, WASHINGTON.
No later than 180 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
study through the National Academy of Sciences the need for regional
response vessel and salvage capability for the State of Washington
Olympic Peninsula coast. In conducting the study, the National Academy
of Sciences shall consult with Federal, State, and tribal officials and
other relevant stakeholders. The study shall--
(1) identify the capabilities, equipment, and facilities
necessary for a response vessel in the entry to the Strait of
Juan de Fuca at Neah Bay in order to optimize oil spill
protection on Washington's Olympic Peninsula coast and provide
rescue towing services, oil spill response, and salvage and
firefighting capabilities;
(2) analyze the multimission capabilities necessary for a
rescue vessel and the need for that vessel to utilize cached
salvage, oil spill response, and oil storage equipment while
responding to a spill or a vessel in distress, and make
recommendations as to the placement of such equipment;
(3) address scenarios that consider all vessel types and
weather conditions and compare current Neah Bay rescue vessel
capabilities, costs, and benefits with other United States
industry-funded response vessels, including those currently
operating in Alaska's Prince William Sound;
(4) determine whether the current level of protection
afforded by the Neah Bay response vessel and associated
response equipment is comparable to protection in other
locations where response vessels operate, including Prince
William Sound, Alaska, and if it is not comparable, make
recommendations regarding how capabilities, equipment, and
facilities should be modified to achieve optimum protection;
and
(5) consider pending firefighting and salvage regulations
developed pursuant to the Oil Pollution Act of 1990.
SEC. 1318. STUDY OF BRIDGES OVER NAVIGABLE WATERS.
The Secretary of Transportation shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and 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. 1319. 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. 1320. DECOMMISSIONED COAST GUARD VESSELS FOR BERMUDA.
(a) In General.--Notwithstanding any other law, upon the scheduled
decommissioning of any Coast Guard 41-foot patrol boat and after the
Government of Haiti has exercised all of their options under section
1309, the Commandant of the Coast Guard shall give the Government of
Bermuda a right-of-first-refusal for conveyance of that vessel to the
Government of Bermuda, if that Government of Bermuda agrees--
(1) to use the vessel for the Coast Guard of Bermuda;
(2) to make the vessel available to the United States
Government if needed for use by the Commandant in time of war
or national emergency;
(3) to hold the United States Government harmless for any
claims arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls, after conveyance of the
vessel, except for claims arising from the use by the United
States Government under paragraph (2); and
(4) to any other conditions the Commandant considers
appropriate.
(b) Limitation.--The Commandant may not convey more than 3 vessels
to the Government of Bermuda pursuant to this section.
(c) Maintenance and Delivery of Vessel.--
(1) Maintenance.--Before conveyance of a vessel under this
section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort
to maintain the integrity of the vessel and its equipment until
the time of delivery.
(2) Delivery.--If a conveyance is made under this section,
the Commandant shall deliver a vessel to a suitable mooring in
the local area in its present condition.
(3) Treatment of conveyance.--The conveyance of a vessel
under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of Public Law 94-469 (15
U.S.C. 2605(e)).
SEC. 1321. CONVEYANCE OF COAST GUARD VESSELS TO NASSAU COUNTY, NEW
YORK.
(a) Authority To Convey.--Notwithstanding the Federal Property and
Administrative Services Act of 1949, the Commandant of the Coast Guard
may convey to the Police Department of Nassau County, New York (in this
section referred to as the ``Police Department''), without
consideration all right, title, and interest of the United States in
and to two Coast Guard 41-foot patrol boats that the Commandant
determines--
(1) is appropriate for use by the Police Department; and
(2) is excess to the needs of the Coast Guard and the
Department of Homeland Security.
(b) Condition.--As a condition of conveying a vessel under the
authority provided in subsection (a), the Commandant shall enter into
an agreement with the Police Department under which the Police
Department agrees--
(1) to utilize the vessel for homeland security and other
appropriate purposes as jointly agreed upon by the Commandant
and the Police Department before conveyance; and
(2) to take the vessel ``as is'' and to hold the United
States harmless for any claim arising with respect to that
vessel after conveyance of the vessel, including any claims
arising from the condition of the vessel and its equipment or
exposure to hazardous materials.
(c) Delivery of Vessel.--The Commandant shall deliver a vessel
conveyed under the authority provided in subsection (a)--
(1) at the place where the vessel is located on the date of
the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(d) Other Excess Equipment.--The Commandant may further convey any
excess equipment or parts from other Coast Guard vessels, which are
excess to the needs of the Coast Guard and the Department of Homeland
Security, to the Police Department for use to enhance the operability
of a vessel conveyed under the authority provided in subsection (a).
(e) Additional Terms and Conditions.--The Commandant may require
such additional terms and conditions in connection with a conveyance
authorized by subsection (a) as the Commandant considers appropriate to
protect the interests of the United States.
SEC. 1322. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.
(a) Study.--The Administrator of the Environmental Protection
Agency shall conduct a study on the public health, safety, and
environmental concerns related to the underground petroleum spill on
the Brooklyn shoreline of Newtown Creek, New York City, New York, in
Greenpoint, Brooklyn, New York.
(b) Full-Site Characterization and Collection of New Field
Evidence.--In carrying out the study under this section, the
Administrator shall conduct a full-site characterization of the
underground petroleum spill, including the investigation, collection,
and analysis of new and updated data and field evidence on the extent
of the petroleum spill, including any portion of the spill that has
been diluted into surrounding waters, and any surrounding soil
contamination or soil vapor contamination.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Administrator shall submit a report containing the
results of the study to the Committee on Environment and Public Works
and the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
SEC. 1323. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY,
MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN.
(a) Conveyance Authorized.--(1) 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) Except as provided in paragraph (3), any cost associated with
the conveyance shall be borne by the City, including, but not limited
to, closing costs, attorney fees, and the cost of surveys, inspections,
title examinations, and deed preparation.
(3)(A) Except as provided in subparagraph (B), prior to the
conveyance of the property, the Coast Guard shall perform and bear the
cost of environmental remediation required under Federal law. Nothing
in this section shall be construed to compel the Coast Guard to
complete such remediation before 10 years from the date of enactment of
this section.
(B) The City may assume the Coast Guard's responsibility to perform
and bear the cost of the environmental remediation, provided that--
(i) the City provides written notice that it will assume
responsibility for the performance of such remediation and the
cost thereof; and
(ii) the City and the Coast Guard enter into a written
agreement thereon.
(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. 1324. 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.
SEC. 1325. 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.--Any cost associated with the conveyance
shall be borne by the purchaser, including, but not limited to--
(1) closing costs, attorney fees, and the cost of surveys,
inspections, title examinations, and deed preparation; and
(2) environmental analyses, assessments, clearances, and,
if required under Federal law, environmental remediation.
(f) Environmental Remediation.--Before conveyance of the real
property described in paragraph (a), purchaser shall perform any
environmental remediation of the property that is required under
Federal law.
(g) Credit of Funds.--Notwithstanding any other provision of law,
the net proceeds of a conveyance, authorized under subsection (a),
shall--
(1) be credited to the Coast Guard Environmental Compliance
and Restoration appropriations account current at the time
collection is made;
(2) be made available, subject to appropriation, for
environmental compliance and restoration purposes in
conjunction with any disposal of any property under the
administrative control of the Coast Guard; and
(3) remain available for such purposes until expended.
(h) 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.
Union Calendar No. 170
111th CONGRESS
1st Session
H. R. 3619
[Report No. 111-303, Part I]
_______________________________________________________________________
A BILL
To authorize appropriations for the Coast Guard for fiscal year 2010,
and for other purposes.
_______________________________________________________________________
October 16, 2009
Reported from the Committee on Transportation and Infrastructure with
an amendment
October 16, 2009
Referred to the Committee on Homeland Security for a period ending not
later than October 16, 2009, for consideration of such provisions of
the bill and amendment as fall within the jurisdiction of that
committee pursuant to clause 1(i), rule X
October 16, 2009
Committee on Homeland Security discharged; committeed to the Committee
of the Whole House on the State of the Union and ordered to be printed