[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1194 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 193
111th CONGRESS
  1st Session
                                S. 1194

                          [Report No. 111-95]

To reauthorize the Coast Guard for fiscal years 2010 and 2011, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2009

Ms. Cantwell (for herself, Ms. Snowe, Mr. Rockefeller, Mrs. Hutchison, 
  Mrs. McCaskill, and Mr. Lautenberg) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                            October 30, 2009

             Reported by Mr. Rockefeller, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Coast Guard for fiscal years 2010 and 2011, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Coast Guard Authorization 
Act for Fiscal Years 2010 and 2011''.</DELETED>

<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents for this Act is as 
follows:</DELETED>

<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
                    <DELETED>TITLE I--AUTHORIZATIONS

<DELETED>Sec. 101. Authorization of appropriations.
<DELETED>Sec. 102. Authorized levels of military strength and training.
                   <DELETED>TITLE II--ADMINISTRATION

<DELETED>Sec. 201. Authority to distribute funds through grants, 
                            cooperative agreements, and contracts to 
                            maritime authorities and organizations.
<DELETED>Sec. 202. Assistance to foreign governments and maritime 
                            authorities.
<DELETED>Sec. 203. Cooperative agreements for industrial activities.
<DELETED>Sec. 204. Defining Coast Guard vessels and aircraft.
                    <DELETED>TITLE III--ORGANIZATION

<DELETED>Sec. 301. Vice commandant; vice admirals.
<DELETED>Sec. 302. Number and distribution of commissioned officers on 
                            the active duty promotion list.
                      <DELETED>TITLE IV--PERSONNEL

<DELETED>Sec. 401. Leave retention authority.
<DELETED>Sec. 402. Legal assistance for Coast Guard reservists.
<DELETED>Sec. 403. Reimbursement for certain medical related expenses.
<DELETED>Sec. 404. Reserve commissioned warrant officer to lieutenant 
                            program.
<DELETED>Sec. 405. Enhanced status quo officer promotion system.
<DELETED>Sec. 406. Appointment of civilian Coast Guard judges.
<DELETED>Sec. 407. Coast Guard participation in the Armed Forces 
                            Retirement Home system.
                  <DELETED>TITLE V--ACQUISITION REFORM

<DELETED>Sec. 501. Chief Acquisition Officer.
<DELETED>Sec. 502. Acquisitions.
                  <DELETED>``CHAPTER 15--ACQUISITIONS

              <DELETED>``Subchapter 1--General Provisions

        <DELETED>``Sec.
        <DELETED>``561. Acquisition directorate
        <DELETED>``562. Senior acquisition leadership team
        <DELETED>``563. Improvements in Coast Guard acquisition 
                            management
        <DELETED>``564. Recognition of Coast Guard personnel for 
                            excellence in acquisition
        <DELETED>``565. Prohibition on use of lead systems integrators
        <DELETED>``566. Required contract terms
        <DELETED>``567. Department of Defense consultation
        <DELETED>``568. Undefinitized contractual actions
  <DELETED>``Subchapter 2--Improved Acquisition Process and Procedures

        <DELETED>``Sec.
        <DELETED>``571. Identification of major system acquisitions
        <DELETED>``572. Acquisition
        <DELETED>``573. Preliminary development and demonstration
        <DELETED>``574. Acquisition, production, deployment, and 
                            support
        <DELETED>``575. Acquisition program baseline breach
                  <DELETED>``Subchapter 3--Definitions

        <DELETED>``Sec.
        <DELETED>``581. Definitions''
<DELETED>
<DELETED>Sec. 503. Report and guidance on excess pass-through charges.
               <DELETED>TITLE VI--SHIPPING AND NAVIGATION

<DELETED>Sec. 601. Technical amendments to chapter 313 of title 46, 
                            United States Code.
<DELETED>Sec. 602. Clarification of rulemaking authority.
<DELETED>Sec. 603. Coast Guard maintenance of LORAN-C navigation 
                            system.
<DELETED>Sec. 604. Icebreakers.
<DELETED>Sec. 605. Vessel size limits.
                 <DELETED>TITLE VII--VESSEL CONVEYANCE

<DELETED>Sec. 701. Short title.
<DELETED>Sec. 702. Conveyance of Coast Guard vessels for public 
                            purposes.

               <DELETED>TITLE I--AUTHORIZATIONS</DELETED>

<DELETED>SEC. 101. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Funds are authorized to be appropriated for necessary 
expenses of the Coast Guard for each of fiscal years 2010 and 2011 as 
follows:</DELETED>
        <DELETED>    (1) For the operation and maintenance of the Coast 
        Guard, $6,556,188,000, of which $24,500,000 is authorized to be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990.</DELETED>
        <DELETED>    (2) For the acquisition, construction, renovation, 
        and improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,383,980,000, of which $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; such funds 
        appropriated for personnel compensation and benefits and 
        related costs of acquisition, construction, and improvements 
        shall be available for procurement of services necessary to 
        carry out the Integrated Deepwater Systems program.</DELETED>
        <DELETED>    (3) 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.</DELETED>
        <DELETED>    (4) For environmental compliance and restoration 
        functions under chapter 19 of title 14, United States Code, 
        $13,198,000.</DELETED>
        <DELETED>    (5) For research, development, test, and 
        evaluation programs related to maritime technology, 
        $19,745,000.</DELETED>
        <DELETED>    (6) For operation and maintenance of the Coast 
        Guard reserve program, $133,632,000.</DELETED>

<DELETED>SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
              TRAINING.</DELETED>

<DELETED>    (a) Active Duty Strength.--The Coast Guard is authorized 
an end-of-year strength of active duty personnel of 49,954 as of 
September 30, 2010, and 52,452 as of September 30, 2011.</DELETED>
<DELETED>    (b) Military Training Student Loads.--The Coast Guard is 
authorized average military training student loads as 
follows:</DELETED>
        <DELETED>    (1) For recruit and special training, 2,500 
        student years for fiscal year 2010, and 2,625 student years for 
        fiscal year 2011.</DELETED>
        <DELETED>    (2) For flight training, 170 student years for 
        fiscal year 2010 and 179 student years for fiscal year 
        2011.</DELETED>
        <DELETED>    (3) For professional training in military and 
        civilian institutions, 350 student years for fiscal year 2010 
        and 368 student years for fiscal year 2011.</DELETED>
        <DELETED>    (4) For officer acquisition, 1,300 student years 
        for fiscal year 2010 and 1,365 student years for fiscal year 
        2011.</DELETED>

              <DELETED>TITLE II--ADMINISTRATION</DELETED>

<DELETED>SEC. 201. AUTHORITY TO DISTRIBUTE FUNDS THROUGH GRANTS, 
              COOPERATIVE AGREEMENTS, AND CONTRACTS TO MARITIME 
              AUTHORITIES AND ORGANIZATIONS.</DELETED>

<DELETED>    Section 149 of title 14, United States Code, is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(c) Grants to International Maritime Organizations.--The 
Commandant may, after consultation with the Secretary of State, 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 and environmental requirements, classification, and 
port state or flag state law enforcement or oversight.''.</DELETED>

<DELETED>SEC. 202. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME 
              AUTHORITIES.</DELETED>

<DELETED>    Section 149 of title 14, United States Code, as amended by 
section 201, is further amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(d) Authorized Activities.--</DELETED>
        <DELETED>    ``(1) The Commandant may transfer or expend funds 
        from any appropriation available to the Coast Guard for--
        </DELETED>
                <DELETED>    ``(A) the activities of traveling contact 
                teams, including any transportation expense, 
                translation services expense, or administrative expense 
                that is related to such activities;</DELETED>
                <DELETED>    ``(B) the activities of maritime authority 
                liaison teams of foreign governments making reciprocal 
                visits to Coast Guard units, including any 
                transportation expense, translation services expense, 
                or administrative expense that is related to such 
                activities;</DELETED>
                <DELETED>    ``(C) seminars and conferences involving 
                members of maritime authorities of foreign 
                governments;</DELETED>
                <DELETED>    ``(D) distribution of publications 
                pertinent to engagement with maritime authorities of 
                foreign governments; and</DELETED>
                <DELETED>    ``(E) personnel expenses for Coast Guard 
                civilian and military personnel to the extent that 
                those expenses relate to participation in an activity 
                described in subparagraph (C) or (D).</DELETED>
        <DELETED>    ``(2) An activity may not be conducted under this 
        subsection with a foreign country unless the Secretary of State 
        approves the conduct of such activity in that foreign 
        country.''.</DELETED>

<DELETED>SEC. 203. COOPERATIVE AGREEMENTS FOR INDUSTRIAL 
              ACTIVITIES.</DELETED>

<DELETED>    Section 151 of title 14, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by inserting ``(a) In General.--'' before 
        ``All orders''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Orders and Agreements for Industrial Activities.--
Under this section, the Coast Guard industrial activities may accept 
orders and enter into reimbursable agreements with establishments, 
agencies, and departments of the Department of Defense and the 
Department of Homeland Security.''.</DELETED>

<DELETED>SEC. 204. DEFINING COAST GUARD VESSELS AND AIRCRAFT.</DELETED>

<DELETED>    (a) In General.--Chapter 17 of title 14, United States 
Code, is amended by inserting after section 638 the following new 
section:</DELETED>
<DELETED>``Sec. 638a. Coast Guard vessels and aircraft 
              defined</DELETED>
<DELETED>    ``For the purposes of sections 637 and 638 of this title, 
the term Coast Guard vessels and aircraft means--</DELETED>
        <DELETED>    ``(1) any vessel or aircraft owned, leased, 
        transferred to, or operated by the Coast Guard and under the 
        command of a Coast Guard member; or</DELETED>
        <DELETED>    ``(2) any other vessel or aircraft under the 
        tactical control of the Coast Guard on which one or more 
        members of the Coast Guard are assigned and conducting Coast 
        Guard missions.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents for chapter 
17 of such title is amended by inserting after the item relating to 
section 638 the following:</DELETED>

<DELETED>``638a. Coast Guard vessels and aircraft defined.''.

               <DELETED>TITLE III--ORGANIZATION</DELETED>

<DELETED>SEC. 301. VICE COMMANDANT; VICE ADMIRALS.</DELETED>

<DELETED>    (a) Vice Commandant.--The fourth sentence of section 47 of 
title 14, United States Code, is amended by striking ``vice admiral'' 
and inserting ``admiral''.</DELETED>
<DELETED>    (b) Vice Admirals.--Section 50 of such title is amended to 
read as follows:</DELETED>
<DELETED>``Sec. 50. Vice admirals</DELETED>
<DELETED>    ``(a)(1) The President may designate no more than 4 
positions of importance and responsibility that shall be held by 
officers who--</DELETED>
        <DELETED>    ``(A) while so serving, shall have the grade of 
        vice admiral, with the pay and allowances of that grade; 
        and</DELETED>
        <DELETED>    ``(B) shall perform such duties as the Commandant 
        may prescribe.</DELETED>
<DELETED>    ``(2) The President may appoint, by and with the advice 
and consent of the Senate, and reappoint, by and with the advice and 
consent of the Senate, to any such position an officer of the Coast 
Guard who is serving on active duty above the grade of captain. The 
Commandant shall make recommendations for such appointments.</DELETED>
<DELETED>    ``(b)(1) The appointment and the grade of vice admiral 
shall be effective on the date the officer assumes that duty and, 
except as provided in paragraph (2) of this subsection or in section 
51(d) of this title, shall terminate on the date the officer is 
detached from that duty.</DELETED>
<DELETED>    ``(2) An officer who is appointed to a position designated 
under subsection (a) shall continue to hold the grade of vice admiral--
</DELETED>
        <DELETED>    ``(A) while under orders transferring the officer 
        to another position designated under subsection (a), beginning 
        on the date the officer is detached from that duty and 
        terminating on the date before the day the officer assumes the 
        subsequent duty, but not for more than 60 days;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c)(1) An appointment of an officer under subsection (a) 
does not vacate the permanent grade held by the officer.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Whenever a vacancy occurs in a position designated 
under subsection (a), the Commandant shall inform the President of the 
qualifications needed by an officer serving in that position or office 
to carry out effectively the duties and responsibilities of that 
position or office.''.</DELETED>
<DELETED>    (c) Repeal.--Section 50a of such title is 
repealed.</DELETED>
<DELETED>    (d) Conforming Amendments.--Section 51 of such title is 
amended--</DELETED>
        <DELETED>    (1) by striking subsections (a), (b), and (c) and 
        inserting the following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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 2\1/2\ 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.</DELETED>
<DELETED>    ``(c) An officer, other than the Commandant, who, after 
serving less than 2\1/2\ 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</DELETED>
        <DELETED>    (2) by striking ``Area Commander, or Chief of 
        Staff'' in subsection (d)(2) and inserting ``or Vice 
        Admiral''.</DELETED>
<DELETED>    (e) Clerical Amendments.--</DELETED>
        <DELETED>    (1) The section caption for section 47 of such 
        title is amended to read as follows:</DELETED>
<DELETED>``Sec. 47. Vice commandant; appointment''.</DELETED>
        <DELETED>    (2) The table of contents for chapter 3 of such 
        title is amended--</DELETED>
                <DELETED>    (A) by striking the item relating to 
                section 47 and inserting the following:</DELETED>

<DELETED>``47. Vice Commandant; appointment.'';
                <DELETED>    (B) by striking the item relating to 
                section 50a; and</DELETED>
                <DELETED>    (C) by striking the item relating to 
                section 50 and inserting the following:</DELETED>

<DELETED>``50. Vice admirals.''.
<DELETED>    (f) Technical Correction.--Section 47 of such title is 
further amended by striking ``subsection'' in the fifth sentence and 
inserting ``section''.</DELETED>
<DELETED>    (g) Treatment of Incumbents; Transition.--</DELETED>
        <DELETED>    (1) Notwithstanding any other provision of law, 
        the officer who, on the date of enactment of this Act, is 
        serving as Vice Commandant--</DELETED>
                <DELETED>    (A) shall continue to serve as Vice 
                Commandant;</DELETED>
                <DELETED>    (B) shall have the grade of admiral with 
                pay and allowances of that grade; and</DELETED>
                <DELETED>    (C) shall not be required to be 
                reappointed by reason of the enactment of that 
                Act.</DELETED>
        <DELETED>    (2) Notwithstanding any other provision of law, an 
        officer who, on the date of enactment of this Act, is serving 
        as Chief of Staff, Commander, Atlantic Area, or Commander, 
        Pacific Area--</DELETED>
                <DELETED>    (A) shall continue to have the grade of 
                vice admiral with pay and allowance of that grade until 
                such time that the officer is relieved of his duties 
                and appointed and confirmed to another position as a 
                vice admiral or admiral; and</DELETED>
                <DELETED>    (B) for the purposes of transition, may 
                continue, for not more than 1 year after the date of 
                enactment of this Act, to perform the duties of the 
                officer's former position and any other such duties 
                that the Commandant prescribes.</DELETED>

<DELETED>SEC. 302. NUMBER AND DISTRIBUTION OF COMMISSIONED OFFICERS ON 
              THE ACTIVE DUTY PROMOTION LIST.</DELETED>

<DELETED>    (a) In General.--Section 42 of title 14, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking subsections (a), (b), and (c) and 
        inserting the following:</DELETED>
<DELETED>    ``(a) The total number of Coast Guard commissioned 
officers on the active duty promotion list, excluding warrant officers, 
shall not exceed 7,200. This total number may be temporarily increased 
up to 2 percent for no more than the 60 days that follow the 
commissioning of a Coast Guard Academy class.</DELETED>
<DELETED>    ``(b) The total number of commissioned officers authorized 
by this section shall be distributed in grade not to exceed the 
following percentages:</DELETED>
        <DELETED>    ``(1) 0.375 percent for rear admiral.</DELETED>
        <DELETED>    ``(2) 0.375 percent for rear admiral (lower 
        half).</DELETED>
        <DELETED>    ``(3) 6.0 percent for captain.</DELETED>
        <DELETED>    ``(4) 15.0 percent for commander.</DELETED>
        <DELETED>    ``(5) 22.0 percent for lieutenant 
        commander.</DELETED>
<DELETED>The Secretary shall prescribe the percentages applicable to 
the grades of lieutenant, lieutenant (junior grade), and ensign. The 
Secretary may, as the needs of the Coast Guard require, reduce any of 
the percentages set forth in paragraphs (1) through (5) and apply that 
total percentage reduction to any other lower grade or combination of 
lower grades.</DELETED>
<DELETED>    ``(c) The Secretary shall, at least once a year, compute 
the total number of commissioned officers authorized to serve in each 
grade by applying the grade distribution percentages of this section to 
the total number of commissioned officers listed on the current active 
duty promotion list. In making such calculations, any fraction shall be 
rounded to the nearest whole number. The number of commissioned 
officers on the active duty promotion list serving with other 
departments or agencies on a reimbursable basis or excluded under the 
provisions of section 324(d) of title 49, shall not be counted against 
the total number of commissioned officers authorized to serve in each 
grade.'';</DELETED>
        <DELETED>    (2) by striking subsection (e) and inserting the 
        following:</DELETED>
<DELETED>    ``(e) 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.''; 
and</DELETED>
        <DELETED>    (3) by striking the caption of such section and 
        inserting the following:</DELETED>
<DELETED>``Sec. 42. Number and distribution of commissioned officers on 
              the active duty promotion list''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents for chapter 
3 of such title is amended by striking the item relating to section 42 
and inserting the following:</DELETED>

``42. Number and distribution of commissioned officers on the active 
                            duty promotion list.''.

                 <DELETED>TITLE IV--PERSONNEL</DELETED>

<DELETED>SEC. 401. LEAVE RETENTION AUTHORITY.</DELETED>

<DELETED>    Section 701(f)(2) of title 10, United States Code, is 
amended by inserting ``or a declaration of a major disaster or 
emergency by the President under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. 5121 et 
seq.)'' after ``operation''.</DELETED>

<DELETED>SEC. 402. LEGAL ASSISTANCE FOR COAST GUARD 
              RESERVISTS.</DELETED>

<DELETED>    Section 1044(a)(4) of title 10, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``(as determined by the Secretary 
        of Defense),'' and inserting ``(as determined by the Secretary 
        of Defense and the Secretary of the department in which the 
        Coast Guard is operating, with respect to the Coast Guard when 
        it is not operating as a service of the Navy),''; and</DELETED>
        <DELETED>    (2) by striking ``prescribed by the Secretary of 
        Defense,'' and inserting ``prescribed by Secretary of Defense 
        and the Secretary of the department in which the Coast Guard is 
        operating, with respect to the Coast Guard when it is not 
        operating as a service of the Navy,''.</DELETED>

<DELETED>SEC. 403. REIMBURSEMENT FOR CERTAIN MEDICAL-RELATED TRAVEL 
              EXPENSES.</DELETED>

<DELETED>    Section 1074i(a) of title 10, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``In General.--In'' and inserting 
        ``In General.--(1) In''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(2) In any case in which a covered beneficiary resides 
on an INCONUS island that lacks public access roads to the mainland and 
is referred by a primary care physician to a specialty care provider on 
the mainland who provides services less than 100 miles from the 
location in which 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.''.</DELETED>

<DELETED>SEC. 404. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT 
              PROGRAM.</DELETED>

<DELETED>    Section 214(a) of title 14, United States Code, is amended 
to read as follows:</DELETED>
<DELETED>    ``(a) The President may appoint temporary commissioned 
officers--</DELETED>
        <DELETED>    ``(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 licensed officers of the United States merchant 
        marine; and</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 405. ENHANCED STATUS QUO OFFICER PROMOTION 
              SYSTEM.</DELETED>

<DELETED>    (a) Section 253(a) of title 14, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``and'' after ``considered,''; 
        and</DELETED>
        <DELETED>    (2) by striking ``consideration, and the number of 
        officers the board may recommend for promotion'' and inserting 
        ``consideration''.</DELETED>
<DELETED>    (b) Section 258 of such title is amended--</DELETED>
        <DELETED>    (1) by inserting ``(a)'' before ``The Secretary''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) In addition to the information provided pursuant to 
subsection (a), the Secretary may furnish the selection board--
</DELETED>
        <DELETED>    ``(1) specific direction relating to the needs of 
        the service for officers having particular skills, including 
        direction relating to the need for a minimum number of officers 
        with particular skills within a specialty; and</DELETED>
        <DELETED>    ``(2) such other guidance that the Secretary 
        believes may be necessary to enable the board to properly 
        perform its functions.</DELETED>
<DELETED>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.''.</DELETED>
<DELETED>    (c) Section 259(a) of such title is amended by striking 
``board'' the second place it appears and inserting ``board, giving due 
consideration to the needs of the service for officers with particular 
skills so noted in the specific direction furnished pursuant to section 
258 of this title,''.</DELETED>
<DELETED>    (d) Section 260(b) of such title is amended by inserting 
``to meet the needs of the service (as noted in the specific direction 
furnished the board under section 258 of this title)'' after 
``qualified for promotion''.</DELETED>

<DELETED>SEC. 406. APPOINTMENT OF CIVILIAN COAST GUARD 
              JUDGES.</DELETED>

<DELETED>    Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 
455) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (c) as subsection 
        (d); and</DELETED>
        <DELETED>    (2) by inserting after subsection (b) the 
        following:</DELETED>
<DELETED>    ``(c) Appointment of Judges.--The Secretary may appoint 
civilian employees of the Department of Homeland Security 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, United 
States Code.''.</DELETED>

<DELETED>SEC. 407. COAST GUARD PARTICIPATION IN THE ARMED FORCES 
              RETIREMENT HOME SYSTEM.</DELETED>

<DELETED>    (a) Eligibility under  the Armed Forces Retirement Home 
Act.--Section 1502 of the Armed Forces Retirement Home Act of 1991 (24 
U.S.C. 401) is amended--</DELETED>
        <DELETED>    (1) by striking ``does not include the Coast Guard 
        when it is not operating as a service of the Navy.'' in 
        paragraph (4) and inserting ``has the meaning given such term 
        in section 101(4) of title 10.'';</DELETED>
        <DELETED>    (2) by striking ``and'' in paragraph 
        (5)(C);</DELETED>
        <DELETED>    (3) by striking ``Affairs.'' in paragraph (5)(D) 
        and inserting ``Affairs; and'';</DELETED>
        <DELETED>    (4) by adding at the end of paragraph (5) the 
        following:</DELETED>
                <DELETED>    ``(E) the Assistant Commandant of the 
                Coast Guard for Human Resources.''; and</DELETED>
        <DELETED>    (5) by adding at the end of paragraph (6) the 
        following:</DELETED>
                <DELETED>    ``(E) The Master Chief Petty Officer of 
                the Coast Guard.''.</DELETED>
<DELETED>    (b) Deductions.--</DELETED>
        <DELETED>    (1) Section 2772 of title 10, United States Code, 
        is amended--</DELETED>
                <DELETED>    (A) by striking ``of the military 
                department'' in subsection (a);</DELETED>
                <DELETED>    (B) by striking ``Armed Forces Retirement 
                Home Board'' in subsection (b) and inserting ``Chief 
                Operating Officer of the Armed Forces Retirement 
                Home''; and</DELETED>
                <DELETED>    (C) by striking subsection (c).</DELETED>
        <DELETED>    (2) Section 1007(i) of title 37, United States 
        Code, is amended--</DELETED>
                <DELETED>    (A) by striking ``Armed Forces Retirement 
                Home Board,'' in paragraph (3) and inserting ``Chief 
                Operating Officer of the Armed Forces Retirement 
                Home,''; and</DELETED>
                <DELETED>    (B) by striking ``does not include the 
                Coast Guard when it is not operating as a service of 
                the Navy.'' in paragraph (4) and inserting ``has the 
                meaning given such term in section 101(4) of title 
                10.''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the first day of the first pay period beginning on 
or after January 1, 2010.</DELETED>

             <DELETED>TITLE V--ACQUISITION REFORM</DELETED>

<DELETED>SEC. 501. CHIEF ACQUISITION OFFICER.</DELETED>

<DELETED>    (a) In General.--Chapter 3 of title 14, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 55. Chief Acquisition Officer</DELETED>
<DELETED>    ``(a) In General.--There shall be in the Coast Guard a 
Chief Acquisition Officer selected by the Commandant who shall be a 
Rear Admiral or civilian from the Senior Executive Service (career 
reserved). The Chief Acquisition Officer shall serve at the Assistant 
Commandant level and have acquisition management as that individual's 
primary duty.</DELETED>
<DELETED>    ``(b) Qualifications.--The Chief Acquisition Officer shall 
be an acquisition professional with a Level III certification and must 
have at least 10 years experience in an acquisition position, of which 
at least 4 years were spent as--</DELETED>
        <DELETED>    ``(1) the program executive officer;</DELETED>
        <DELETED>    ``(2) the program manager of a Level 1 or Level 2 
        acquisition project or program;</DELETED>
        <DELETED>    ``(3) the deputy program manager of a Level 1 or 
        Level 2 acquisition; or</DELETED>
        <DELETED>    ``(4) a combination of such positions.</DELETED>
<DELETED>    ``(c) Functions of the Chief Acquisition Officer.--The 
functions of the Chief Acquisition Officer include--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) maximizing the use of full and open 
        competition at the prime contract and subcontract levels in the 
        acquisition of property, capabilities, and services by the 
        Coast Guard by establishing policies, procedures, and practices 
        that ensure that the Coast Guard receives a sufficient number 
        of 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 or service 
        procured;</DELETED>
        <DELETED>    ``(3) making acquisition decisions in concurrence 
        with the technical authority, or technical authorities, as 
        appropriate, of the Coast Guard, as designated by the 
        Commandant, consistent with all other applicable laws and 
        decisions establishing procedures within the Coast 
        Guard;</DELETED>
        <DELETED>    ``(4) ensuring the use of detailed performance 
        specifications in instances in which performance based 
        contracting is used;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(6) developing and maintaining an acquisition 
        career management program in the Coast Guard to ensure that 
        there is an adequate acquisition workforce;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(8) developing strategies and specific plans for 
        hiring, training, and professional development; and</DELETED>
        <DELETED>    ``(9) reporting to the Commandant, through the 
        chain of command, on the progress made in improving acquisition 
        management capability.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents for chapter 
3 of title 14, United States Code, is amended by adding at the end the 
following:</DELETED>

<DELETED>``55. Chief Acquisition Officer.''.
<DELETED>    (c) Selection Deadline.--As soon as practicable after the 
date of enactment of this Act, but no later than October 1, 2011, the 
Commandant of the Coast Guard shall select a Chief Acquisition Officer 
under section 55 of title 14, United States Code.</DELETED>

<DELETED>SEC. 502. ACQUISITIONS.</DELETED>

<DELETED>    (a) In General.--Part I of title 14, United States Code, 
is amended by inserting after chapter 13 the following:</DELETED>

             <DELETED>``CHAPTER 15. ACQUISITIONS</DELETED>

              <DELETED>``Subchapter 1--General Provisions

<DELETED>``Sec.
<DELETED>``561. Acquisition directorate
<DELETED>``562. Senior acquisition leadership team
<DELETED>``563. Improvements in Coast Guard acquisition management
<DELETED>``564. Recognition of Coast Guard personnel for excellence in 
                            acquisition
<DELETED>``565. Prohibition on use of lead systems integrators
<DELETED>``566. Required contract terms
<DELETED>``567. Department of Defense consultation
<DELETED>``568. Undefinitized contractual actions
  <DELETED>``Subchapter 2--Improved Acquisition Process and Procedures

<DELETED>``Sec.
<DELETED>``571. Identification of major system acquisitions
<DELETED>``572. Acquisition
<DELETED>``573. Preliminary development and demonstration
<DELETED>``574. Acquisition, production, deployment, and support
<DELETED>``575. Acquisition program baseline breach
                  <DELETED>``Subchapter 3--Definitions

<DELETED>``Sec.
<DELETED>``581. Definitions

         <DELETED>``Subchapter 1--General Provisions</DELETED>

<DELETED>``Sec. 561. Acquisition directorate</DELETED>
<DELETED>    ``(a) Establishment.--The Commandant of the Coast Guard 
shall establish an acquisition directorate to provide guidance and 
oversight for the implementation and management of all Coast Guard 
acquisition processes, programs, and projects.</DELETED>
<DELETED>    ``(b) Mission.--The mission of the acquisition directorate 
is--</DELETED>
        <DELETED>    ``(1) to acquire and deliver assets and systems 
        that increase operational readiness, enhance mission 
        performance, and create a safe working environment; 
        and</DELETED>
        <DELETED>    ``(2) to assist in the development of a workforce 
        that is trained and qualified to further the Coast Guard's 
        missions and deliver the best value products and services to 
        the Nation.</DELETED>
<DELETED>``Sec. 562. Senior acquisition leadership team</DELETED>
<DELETED>    ``(a) Establishment.--The Commandant shall establish a 
senior acquisition leadership team within the Coast Guard comprised 
of--</DELETED>
        <DELETED>    ``(1) the Vice Commandant;</DELETED>
        <DELETED>    ``(2) the Deputy and Assistant 
        Commandants;</DELETED>
        <DELETED>    ``(3) appropriate senior staff members of each 
        Coast Guard directorate;</DELETED>
        <DELETED>    ``(4) appropriate senior staff members for each 
        assigned field activity or command; and</DELETED>
        <DELETED>    ``(5) any other Coast Guard officer or employee 
        designated by the Commandant.</DELETED>
<DELETED>    ``(b) Function.--The senior acquisition leadership team 
shall--</DELETED>
        <DELETED>    ``(1) meet at the call of the Commandant at such 
        places and such times as the Commandant may require;</DELETED>
        <DELETED>    ``(2) provide advice and information on 
        operational and performance requirements of the Coast 
        Guard;</DELETED>
        <DELETED>    ``(3) identify gaps and vulnerabilities in the 
        operational readiness of the Coast Guard;</DELETED>
        <DELETED>    ``(4) make recommendations to the Commandant and 
        the Chief Acquisition Officer to remedy the identified gaps and 
        vulnerabilities in the operational readiness of the Coast 
        Guard; and</DELETED>
        <DELETED>    ``(5) contribute to the development of a 
        professional, experienced acquisition workforce by providing 
        acquisition-experience tours of duty and educational 
        development for officers and employees of the Coast 
        Guard.</DELETED>
<DELETED>``Sec. 563. Improvements in Coast Guard acquisition 
              management</DELETED>
<DELETED>    ``(a) Project and Program Managers.--</DELETED>
        <DELETED>    ``(1) Project or program manager defined.--In this 
        section, the term `project or program manager' means an 
        individual designated--</DELETED>
                <DELETED>    ``(A) to develop, produce, and deploy a 
                new asset to meet identified operational requirements; 
                and</DELETED>
                <DELETED>    ``(B) to manage cost, schedule, and 
                performance of the acquisition or project or 
                program.</DELETED>
        <DELETED>    ``(2) Level 1 projects.-- An individual may not be 
        assigned as the project or program manager for a Level 1 
        acquisition unless the individual holds a Level III acquisition 
        certification as a program manager.</DELETED>
        <DELETED>    ``(3) Level 2 projects.--An individual may not be 
        assigned as the project or program manager for a Level 2 
        acquisition unless the individual holds a Level II acquisition 
        certification as a program manager.</DELETED>
<DELETED>    ``(b) Guidance on Tenure and Accountability of Program and 
Project Managers.--Not later than one year after the date of enactment 
of the Coast Guard Authorization Act for Fiscal years 2010 and 2011, 
the Commandant shall issue guidance to address the qualifications, 
resources, responsibilities, tenure, and accountability of program and 
project managers for the management of acquisition programs and 
projects. The guidance shall address, at a minimum--</DELETED>
        <DELETED>    ``(1) the qualifications required for project or 
        program managers, including the number of years of acquisition 
        experience and the professional training levels to be required 
        of those appointed to project or program management positions; 
        and</DELETED>
        <DELETED>    ``(2) authorities available to project or program 
        managers, including, to the extent appropriate, the authority 
        to object to the addition of new program requirements that 
        would be inconsistent with the parameters established for an 
        acquisition program.</DELETED>
<DELETED>    ``(c) Acquisition Workforce.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Required positions.--The Commandant shall 
        ensure that members of the acquisition workforce have 
        expertise, education, and training in at least 1 of the 
        following acquisition career fields:</DELETED>
                <DELETED>    ``(A) Acquisition logistics.</DELETED>
                <DELETED>    ``(B) Auditing.</DELETED>
                <DELETED>    ``(C) Business, cost estimating, and 
                financial management.</DELETED>
                <DELETED>    ``(D) Contracting.</DELETED>
                <DELETED>    ``(E) Facilities engineering.</DELETED>
                <DELETED>    ``(F) Industrial or contract property 
                management.</DELETED>
                <DELETED>    ``(G) Information technology.</DELETED>
                <DELETED>    ``(H) Manufacturing, production, and 
                quality assurance.</DELETED>
                <DELETED>    ``(I) Program management.</DELETED>
                <DELETED>    ``(J) Purchasing.</DELETED>
                <DELETED>    ``(K) Science and technology.</DELETED>
                <DELETED>    ``(L) Systems planning, research, 
                development, and engineering.</DELETED>
                <DELETED>    ``(M) Test and evaluation.</DELETED>
        <DELETED>    ``(3) Acquisition workforce expedited hiring 
        authority.--</DELETED>
                <DELETED>    ``(A) In general.--For purposes of 
                sections 3304, 5333, and 5753 of title 5, the 
                Commandant may--</DELETED>
                        <DELETED>    ``(i) designate any category of 
                        acquisition positions within the Coast Guard as 
                        shortage category positions; and</DELETED>
                        <DELETED>    ``(ii) use the authorities in such 
                        sections to recruit and appoint highly 
                        qualified person directly to positions so 
                        designated.</DELETED>
                <DELETED>    ``(B) Limitation.--The Commandant may not 
                appoint a person to a position of employment under this 
                paragraph after September 30, 2012.</DELETED>
<DELETED>    ``(d) Management Information System.--</DELETED>
        <DELETED>    ``(1) In general.--The Commandant shall establish 
        a management information system capability to improve 
        acquisition workforce management and reporting.</DELETED>
        <DELETED>    ``(2) Information maintained.--Information 
        maintained with such capability shall include the following 
        standardized information on individuals assigned to positions 
        in the workforce:</DELETED>
                <DELETED>    ``(A) Qualifications, assignment history, 
                and tenure of those individuals assigned to positions 
                in the acquisition workforce or holding acquisition-
                related certifications.</DELETED>
                <DELETED>    ``(B) Promotion rates for officers and 
                members of the Coast Guard in the acquisition 
                workforce.</DELETED>
<DELETED>    ``(e) Career Paths.--To establish acquisition management 
as a core competency of the Coast Guard, the Commandant shall--
</DELETED>
        <DELETED>    ``(1) 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</DELETED>
        <DELETED>    ``(2) publish information on such career 
        paths.</DELETED>
<DELETED>``Sec. 564. Recognition of Coast Guard personnel for 
              excellence in acquisition</DELETED>
<DELETED>    ``(a) In General.--Not later than 180 days after the date 
of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 
and 2011, the Commandant shall commence implementation of a program to 
recognize excellent performance by individuals and teams comprised of 
officers, members, and employees of the Coast Guard that contributed to 
the long-term success of a Coast Guard acquisition project or 
program.</DELETED>
<DELETED>    ``(b) Elements.--The program shall include--</DELETED>
        <DELETED>    ``(1) specific award categories, criteria, and 
        eligibility and manners of recognition;</DELETED>
        <DELETED>    ``(2) procedures for the nomination by personnel 
        of the Coast Guard of individuals and teams comprised of 
        officers, members, and employees of the Coast Guard for 
        recognition under the program; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Award of Cash Bonuses.--As part of the program 
required by subsection (a), the Commandant, subject to the availability 
of appropriations, may award to any civilian employee recognized 
pursuant to the program a cash bonus to the extent that the performance 
of such individual so recognized warrants the award of such 
bonus.</DELETED>
<DELETED>``Sec. 565. Prohibition on use of lead systems 
              integrators</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Use of lead systems integrator.--Except as 
        provided in subsection (b), the Commandant may not use a 
        private sector entity as a lead systems integrator for an 
        acquisition contract awarded or delivery order or task order 
        issued after the date of enactment of the Coast Guard 
        Authorization Act for Fiscal Years 2010 and 2011.</DELETED>
        <DELETED>    ``(2) Full and open competition.--The Commandant 
        and any lead systems integrator engaged by the Coast Guard, 
        pursuant to the exceptions described in subsection (b), shall 
        use full and open competition for any acquisition contract 
        awarded after the date of enactment of that Act, unless 
        otherwise excepted in accordance with the Competition in 
        Contracting Act of 1984 (41 U.S.C. 251 note), the amendments 
        made by that Act, and the Federal Acquisition 
        Regulations.</DELETED>
        <DELETED>    ``(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.).</DELETED>
<DELETED>    ``(b) Exceptions.--</DELETED>
        <DELETED>    ``(1) National distress and response system 
        modernization program; national security cutters 2 and 3.--
        Notwithstanding subsection (a), the Commandant may use a 
        private sector entity as a lead systems integrator for the 
        Coast Guard to complete the National Distress and Response 
        System Modernization Program, the C4ISR projects directly 
        related to the Integrated Deepwater Program, and National 
        Security Cutters 2 and 3 if the Secretary of Homeland Security 
        certifies that--</DELETED>
                <DELETED>    ``(A) the acquisition is in accordance 
                with the Competition in Contracting Act of 1984 (41 
                U.S.C. 251 note), the amendments made by that Act, and 
                the Federal Acquisition Regulations; and</DELETED>
                <DELETED>    ``(B) the acquisition and the use of a 
                private sector entity as a lead systems integrator for 
                the acquisition is in the best interest of the Federal 
                Government.</DELETED>
        <DELETED>    ``(2) Termination date for exceptions.--Except for 
        the modification of delivery or task orders pursuant to Parts 4 
        and 42 of the Federal Acquisition Regulations, the Commandant 
        may not use a private sector entity as a lead systems 
        integrator after the earlier of--</DELETED>
                <DELETED>    ``(A) September 30, 2012; or</DELETED>
                <DELETED>    ``(B) the date on which the Commandant 
                certifies in writing to the appropriate congressional 
                committees that the Coast Guard has available and can 
                retain sufficient contracting 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 system 
                integrator in an efficient and cost-effective 
                manner.</DELETED>
<DELETED>``Sec. 566. Required contract terms</DELETED>
<DELETED>    ``(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 the Coast Guard Authorization Act for Fiscal Years 2010 
and 2011--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) requires that the Commandant shall maintain 
        the authority to establish, approve, and maintain technical 
        requirements;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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 the Coast 
Guard Authorization Act for Fiscal Years 2010 and 2011 does not include 
any provision allowing for equitable adjustment that is not consistent 
with the Federal Acquisition Regulations.</DELETED>
<DELETED>    ``(c) Integrated Product Teams.--Integrated product teams, 
and all teams that oversee integrated product teams, shall be chaired 
by officers, members, or employees of the Coast Guard.</DELETED>
<DELETED>    ``(d) Deepwater Technical Authorities.--The Commandant 
shall maintain or designate the technical authorities 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 this 
title.</DELETED>
<DELETED>``Sec. 567. Department of Defense consultation</DELETED>
<DELETED>    ``(a) In General.--The Commandant shall make arrangements 
as appropriate with the Secretary of Defense for support in contracting 
and management of Coast Guard acquisition programs. The Commandant 
shall also seek opportunities to make use of Department of Defense 
contracts, and contracts of other appropriate agencies, to obtain the 
best possible price for assets acquired for the Coast Guard.</DELETED>
<DELETED>    ``(b) Inter-service Technical Assistance.--The Commandant 
shall seek to enter into a memorandum of understanding or a memorandum 
of agreement with the Secretary of the Navy to obtain the assistance of 
the Office of the Assistant Secretary of the Navy for Research, 
Development, and Acquisition, including the Navy Systems Command, with 
the oversight of Coast Guard major acquisition programs. The memorandum 
of understanding or memorandum of agreement shall, at a minimum, 
provide for--</DELETED>
        <DELETED>    ``(1) the exchange of technical assistance and 
        support that the Assistant Commandants for Acquisition, Human 
        Resources, Engineering, and Information technology may 
        identify;</DELETED>
        <DELETED>    ``(2) the use, as appropriate, of Navy technical 
        expertise; and</DELETED>
        <DELETED>    ``(3) the 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.</DELETED>
<DELETED>    ``(c) Technical Requirement Approval Procedures.--The 
Chief Acquisition Officer shall adopt, to the extent practicable, 
procedures modeled after those used by the Navy Senior Acquisition 
Official to approve all technical requirements.</DELETED>
<DELETED>``Sec. 568. Undefinitized contractual actions</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Requests for Undefinitized Contractual Actions.--Any 
request to the Head of Contracting Activity for approval of an 
undefinitized contractual action shall include a description of the 
anticipated effect on requirements of the Coast Guard if a delay is 
incurred for the purposes of determining contractual terms, 
specifications, and price before performance is begun under the 
contractual action.</DELETED>
<DELETED>    ``(c) Requirements for Undefinitized Contractual 
Actions.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Limitation on obligations.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) a contingency operation (as that 
                term is defined in section 101(a)(13) of title 
                10);</DELETED>
                <DELETED>    ``(B) operations to prevent or respond to 
                a transportation security incident (as defined in 
                section 70101(6) of title 46);</DELETED>
                <DELETED>    ``(C) an operation in response to an 
                emergency that poses an unacceptable threat to human 
                health or safety or to the marine environment; 
                or</DELETED>
                <DELETED>    ``(D) an operation in response to a 
                natural disaster or major disaster or emergency 
                designated by the President under the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5121 et seq.).</DELETED>
        <DELETED>    ``(4) Limitation on application.--This subsection 
        does not apply to an undefinitized contractual action for the 
        purchase of initial spares.</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) good business practice; and</DELETED>
        <DELETED>    ``(2) in the best interests of the United 
        States.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) good business practice; and</DELETED>
        <DELETED>    ``(2) in the best interests of the United 
        States.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) the reduced cost risk of the contractor with 
        respect to costs incurred during performance of the remaining 
        portion of the contract.</DELETED>
<DELETED>    ``(g) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Undefinitized contractual action.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Exclusion.--The term `undefinitized 
                contractual action' does not include contractual 
                actions with respect to--</DELETED>
                        <DELETED>    ``(i) foreign military 
                        sales;</DELETED>
                        <DELETED>    ``(ii) purchases in an amount not 
                        in excess of the amount of the simplified 
                        acquisition threshold; or</DELETED>
                        <DELETED>    ``(iii) special access 
                        programs.</DELETED>
        <DELETED>    ``(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.</DELETED>

       <DELETED>``Subchapter 2--Improved Acquisition Process and 
                          Procedures</DELETED>

<DELETED>``Sec. 571. Identification of major system 
              acquisitions</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Support mechanisms.--The Commandant shall 
        develop and implement mechanisms to support the establishment 
        of mature and stable operational requirements for acquisitions 
        under this subchapter.</DELETED>
        <DELETED>    ``(2) Mission analysis; affordability 
        assessment.--The Commandant may not initiate a Level 1 or Level 
        2 acquisition project or program until the Commandant--
        </DELETED>
                <DELETED>    ``(A) completes a mission analysis that--
                </DELETED>
                        <DELETED>    ``(i) identifies any gaps in 
                        capability; and</DELETED>
                        <DELETED>    ``(ii) develops a clear mission 
                        need; and</DELETED>
                <DELETED>    ``(B) prepares a preliminary affordability 
                assessment for the project or program.</DELETED>
<DELETED>    ``(b) Elements.--</DELETED>
        <DELETED>    ``(1) Requirements.--The mechanisms required by 
        subsection (a) shall ensure the implementation of a formal 
        process for the development of a mission-needs statement, 
        concept-of-operations document, capability development plan, 
        and resource proposal for the initial project or program 
        funding, and shall ensure the project or program is included in 
        the Coast Guard Capital Investment Plan.</DELETED>
        <DELETED>    ``(2) Assessment of trade-offs.--In conducting an 
        affordability assessment under subsection (a)(2)(B), the 
        Commandant shall develop and implement mechanisms to ensure 
        that trade-offs among cost, schedule, and performance are 
        considered in the establishment of preliminary operational 
        requirements for development and production of new assets and 
        capabilities for Level 1 and Level 2 acquisitions projects and 
        programs.</DELETED>
<DELETED>    ``(c) Human Resource Capital Planning.--The Commandant 
shall develop staffing predictions, define human capital performance 
initiatives, and identify preliminary training needs for any such 
project or program.</DELETED>
<DELETED>    ``(d) DHS Acquisition Approval.--A Level 1 or Level 2 
acquisition project or program may not be implemented unless it is 
approved by the Department of Homeland Security Acquisition Review 
Board or the Joint Review Board.</DELETED>
<DELETED>``Sec. 572. Acquisition</DELETED>
<DELETED>    ``(a) In General.--The Commandant may not establish a 
Level 1 or Level 2 acquisition project or program approved under 
section 571(d) until the Commandant--</DELETED>
        <DELETED>    ``(1) clearly defines the operational requirements 
        for the project or program;</DELETED>
        <DELETED>    ``(2) establishes the feasibility of 
        alternatives;</DELETED>
        <DELETED>    ``(3) develops an acquisition project or program 
        baseline;</DELETED>
        <DELETED>    ``(4) produces a life-cycle cost estimate; 
        and</DELETED>
        <DELETED>    ``(5) assesses the relative merits of alternatives 
        to determine a preferred solution in accordance with the 
        requirements of this section.</DELETED>
<DELETED>    ``(b) Analysis of Alternatives.--</DELETED>
        <DELETED>    ``(1) In general.--The Commandant shall conduct an 
        analysis of alternatives for the asset or capability to be 
        acquired in an analyze and select phase of the acquisition 
        process.</DELETED>
        <DELETED>    ``(2) Requirements.--The analysis of alternatives 
        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 and has no substantial 
        financial interest in any part of the acquisition project or 
        program that is the subject of the analysis. At a minimum, the 
        analysis of alternatives shall include--</DELETED>
                <DELETED>    ``(A) an assessment of the technical 
                maturity, and technical and other risks;</DELETED>
                <DELETED>    ``(B) an examination of capability, 
                interoperability, and other disadvantages;</DELETED>
                <DELETED>    ``(C) an evaluation of whether different 
                combinations or quantities of specific assets or 
                capabilities could meet the Coast Guard's overall 
                performance needs;</DELETED>
                <DELETED>    ``(D) a discussion of key assumptions and 
                variables, and sensitivity to change in such 
                assumptions and variables;</DELETED>
                <DELETED>    ``(E) when an alternative is an existing 
                asset or prototype, an evaluation of relevant safety 
                and performance records and costs;</DELETED>
                <DELETED>    ``(F) a calculation of life-cycle costs 
                including--</DELETED>
                        <DELETED>    ``(i) an examination of likely 
                        research and development costs and the levels 
                        of uncertainty associated with such estimated 
                        costs;</DELETED>
                        <DELETED>    ``(ii) an examination of likely 
                        production and deployment costs and levels of 
                        uncertainty associated with such estimated 
                        costs;</DELETED>
                        <DELETED>    ``(iii) an examination of likely 
                        operating and support costs and the levels of 
                        uncertainty associated with such estimated 
                        costs;</DELETED>
                        <DELETED>    ``(iv) if they are likely to be 
                        significant, an examination of likely disposal 
                        costs and the levels of uncertainty associated 
                        with such estimated costs; and</DELETED>
                        <DELETED>    ``(v) such additional measures as 
                        the Commandant or the Secretary of Homeland 
                        Security determines to be necessary for 
                        appropriate evaluation of the asset; 
                        and</DELETED>
                <DELETED>    ``(G) the business case for each viable 
                alternative.</DELETED>
<DELETED>    ``(c) Test and Evaluation Master Plan.--</DELETED>
        <DELETED>    ``(1) In general.--For any Level 1 or Level 2 
        acquisition project or program the Chief Acquisition Officer 
        shall approve a test and evaluation master plan specific to the 
        acquisition project or program for the capability, asset, or 
        subsystems of the capability or asset and intended to minimize 
        technical, cost, and schedule risk as early as practicable in 
        the development of the project or program.</DELETED>
        <DELETED>    ``(2) Test and evaluation strategy.--The master 
        plan shall--</DELETED>
                <DELETED>    ``(A) set forth an integrated test and 
                evaluation strategy that will verify that capability-
                level or asset-level and subsystem-level design and 
                development, including performance and supportability, 
                have been sufficiently proven before the capability, 
                asset, or subsystem of the capability or asset is 
                approved for production; and</DELETED>
                <DELETED>    ``(B) require that adequate developmental 
                tests and evaluations and operational tests and 
                evaluations established under subparagraph (A) are 
                performed to inform production decisions.</DELETED>
        <DELETED>    ``(3) Other components of the master plan.--At a 
        minimum, the master plan shall identify--</DELETED>
                <DELETED>    ``(A) the key performance parameters to be 
                resolved through the integrated test and evaluation 
                strategy;</DELETED>
                <DELETED>    ``(B) critical operational issues to be 
                assessed in addition to the key performance 
                parameters;</DELETED>
                <DELETED>    ``(C) specific development test and 
                evaluation phases and the scope of each 
                phase;</DELETED>
                <DELETED>    ``(D) modeling and simulation activities 
                to be performed, if any, and the scope of such 
                activities;</DELETED>
                <DELETED>    ``(E) early operational assessments to be 
                performed, if any, and the scope of such 
                assessments;</DELETED>
                <DELETED>    ``(F) operational test and evaluation 
                phases;</DELETED>
                <DELETED>    ``(G) an estimate of the resources, 
                including funds, that will be required for all test, 
                evaluation, assessment, modeling, and simulation 
                activities; and</DELETED>
                <DELETED>    ``(H) the Government entity or independent 
                entity that will perform the test, evaluation, 
                assessment, modeling, and simulation 
                activities.</DELETED>
        <DELETED>    ``(4) Update.--The Chief Acquisition Officer shall 
        approve an updated master plan whenever there is a revision to 
        project or program test and evaluation strategy, scope, or 
        phasing.</DELETED>
        <DELETED>    ``(5) Limitation.--The Coast Guard may not--
        </DELETED>
                <DELETED>    ``(A) proceed beyond that phase of the 
                acquisition process that entails approving the 
                supporting acquisition of a capability or asset before 
                the master plan is approved by the Chief Acquisition 
                Officer; or</DELETED>
                <DELETED>    ``(B) award any production contract for a 
                capability, asset, or subsystem for which a master plan 
                is required under this subsection before the master 
                plan is approved by the Chief Acquisition 
                Officer.</DELETED>
<DELETED>    ``(d) Life-cycle cost estimates.--</DELETED>
        <DELETED>    ``(1) In general.--The Commandant shall implement 
        mechanisms to ensure the development and regular updating of 
        life-cycle cost estimates for each Level 1 or Level 2 
        acquisition to ensure that these estimates are considered in 
        decisions to develop or produce new or enhanced capabilities 
        and assets.</DELETED>
        <DELETED>    ``(2) Types of estimates.--In addition to life-
        cycle cost estimates that may be developed by acquisition 
        program offices, the Commandant shall require that an 
        independent life-cycle cost estimate be developed for each 
        Level 1 or Level 2 acquisition project or program.</DELETED>
        <DELETED>    ``(3) Required updates.--For each Level 1 or Level 
        2 acquisition project or program the Commandant shall require 
        that life-cycle cost estimates shall be updated before each 
        milestone decision is concluded and the project or program 
        enters a new acquisition phase.</DELETED>
<DELETED>    ``(e) DHS Acquisition Approval.--A project or program may 
not enter the obtain phase under section 573 unless the Department of 
Homeland Security Acquisition Review Board or the Joint Review Board 
(or other entity to which such responsibility is delegated by the 
Secretary of Homeland Security) has approved the analysis of 
alternatives for the project. The Joint Review Board may also approve 
the low rates initial production quantity for the project or program if 
such an initial production quantity is planned by the acquisition 
project or program and deemed appropriate by the Joint Review 
Board.</DELETED>
<DELETED>``Sec. 573. Preliminary development and 
              demonstration</DELETED>
<DELETED>    ``(a) In General.--The Commandant shall ensure that 
developmental test and evaluation, operational test and evaluation, 
life cycle cost estimates, and the development and demonstration 
requirements are met to confirm that the projects or programs meet the 
requirements described in the mission-needs statement and the 
operational-requirements document and the following development and 
demonstration objectives:</DELETED>
        <DELETED>    ``(1) To demonstrate that the most promising 
        design, manufacturing, and production solution is based upon a 
        stable, producible, and cost-effective product 
        design.</DELETED>
        <DELETED>    ``(2) To ensure that the product capabilities meet 
        contract specifications, acceptable operational performance 
        requirements, and system security requirements.</DELETED>
        <DELETED>    ``(3) To ensure that the product design is mature 
        enough to commit to full production and deployment.</DELETED>
<DELETED>    ``(b) Tests and Evaluations.--</DELETED>
        <DELETED>    ``(1) In general.--The Commandant shall ensure 
        that the Coast Guard conducts developmental tests and 
        evaluations and operational tests and evaluations of a 
        capability or asset and the subsystems of the capability or 
        asset for which a master plan has been prepared under section 
        572(c)(1).</DELETED>
        <DELETED>    ``(2) Use of third parties.--The Commandant shall 
        ensure that the Coast Guard uses independent third parties with 
        expertise in testing and evaluating the capabilities or assets 
        and the subsystems of the capabilities or assets being acquired 
        to conduct developmental tests and evaluations and operational 
        tests and evaluations whenever the Coast Guard lacks the 
        capability to conduct the tests and evaluations required by a 
        master plan.</DELETED>
        <DELETED>    ``(3) Communication of safety concerns.--The 
        Commandant shall require that safety concerns identified during 
        developmental or operational tests and evaluations or through 
        independent or Government-conducted design assessments of 
        capabilities or assets and subsystems of capabilities or assets 
        to be acquired by the Coast Guard shall be communicated as soon 
        as practicable, but not later than 30 days after the completion 
        of the test or assessment event or activity that identified the 
        safety concern, to the program manager for the capability or 
        asset and the subsystems concerned and to the Chief Acquisition 
        Officer.</DELETED>
        <DELETED>    ``(4) 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 
        subsystems of the capability or asset not previously identified 
        during developmental or operational test and evaluation, the 
        Commandant shall--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) notify the Chief Acquisition Officer 
                and include in such notification--</DELETED>
                        <DELETED>    ``(i) an explanation of the 
                        actions that will be taken to correct or 
                        mitigate the safety concern in all capabilities 
                        or assets and subsystems of the capabilities or 
                        assets yet to be produced, and the date by 
                        which those actions will be taken;</DELETED>
                        <DELETED>    ``(ii) an explanation of the 
                        actions that will be taken to correct or 
                        mitigate the safety concern in previously 
                        produced capabilities or assets and subsystems 
                        of the capabilities or assets, and the date by 
                        which those actions will be taken; 
                        and</DELETED>
                        <DELETED>    ``(iii) an assessment of the 
                        adequacy of current funding to correct or 
                        mitigate the safety concern in capabilities or 
                        assets and subsystems of the capabilities or 
                        assets and in previously produced capabilities 
                        or assets and subsystems.</DELETED>
<DELETED>    ``(c) Technical Certification.--</DELETED>
        <DELETED>    ``(1) In general.--The Commandant shall--ensure 
        that any Level 1 or Level 2 acquisition project or program is 
        certified by the technical authority of the Coast Guard after 
        review by an independent third party with capabilities in the 
        mission area, asset, or particular asset component.</DELETED>
        <DELETED>    ``(2) TEMPEST testing.--The Commandant shall--
        </DELETED>
                <DELETED>    ``(A) cause all electronics on all 
                aircraft, surface, and shore assets that require 
                TEMPEST certification and that are delivered after the 
                date of enactment of the Coast Guard Authorization Act 
                for Fiscal Years 2010 and 2011 to be tested in 
                accordance with master plan standards and 
                communications security standards by an independent 
                third party that is authorized by the Federal 
                Government to perform such testing; and</DELETED>
                <DELETED>    ``(B) certify that the assets meet all 
                applicable TEMPEST requirements.</DELETED>
        <DELETED>    ``(3) Vessel classification.--The Commandant shall 
        cause each cutter, other than the National Security Cutter, 
        acquired by the Coast Guard and delivered after the date of 
        enactment of the Coast Guard Authorization Act for Fiscal Years 
        2010 and 2011 is to be classed by the American Bureau of 
        Shipping before final acceptance.</DELETED>
<DELETED>    ``(d) Acquisition Decision.--The Commandant may not 
proceed to full scale production, deployment, and support of a Level 1 
or Level 2 acquisition project or program unless the Department of 
Homeland Security Acquisition Review Board has verified that the 
delivered asset or system meets the project or program performance and 
cost goals.</DELETED>
<DELETED>``Sec. 574. Acquisition, production, deployment, and 
              support</DELETED>
<DELETED>    ``(a) In General.--The Commandant shall--</DELETED>
        <DELETED>    ``(1) ensure there is a stable and efficient 
        production and support capability to develop an asset or 
        system;</DELETED>
        <DELETED>    ``(2) conduct follow on testing to confirm and 
        monitor performance and correct deficiencies; and</DELETED>
        <DELETED>    ``(3) conduct acceptance tests and trails upon the 
        delivery of each asset or system to ensure the delivered asset 
        or system achieves full operational capability.</DELETED>
<DELETED>    ``(b) Elements.--The Commandant shall--</DELETED>
        <DELETED>    ``(1) execute the productions contracts;</DELETED>
        <DELETED>    ``(2) ensure the delivered products meet 
        operational cost and schedules requirements established in the 
        acquisition program baseline;</DELETED>
        <DELETED>    ``(3) validate manpower and training requirements 
        to meet system needs to operate, maintain, support, and 
        instruct the system; and</DELETED>
        <DELETED>    ``(4) prepare a project or program transition plan 
        to enter into programmatic sustainment, operations, and 
        support.</DELETED>
<DELETED>``Sec. 575. Acquisition program baseline breach</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) a likely cost overrun greater than 15 
        percent of the acquisition program baseline for that individual 
        capability or asset or a class of capabilities or 
        assets;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Content.--The report submitted under subsection (a) 
shall include--</DELETED>
        <DELETED>    ``(1) a detailed description of the breach and an 
        explanation of its cause;</DELETED>
        <DELETED>    ``(2) the projected impact to performance, cost, 
        and schedule;</DELETED>
        <DELETED>    ``(3) an updated acquisition program baseline and 
        the complete history of changes to the original acquisition 
        program baseline;</DELETED>
        <DELETED>    ``(4) the updated acquisition schedule and the 
        complete history of changes to the original schedule;</DELETED>
        <DELETED>    ``(5) a full life-cycle cost analysis for the 
        capability or asset or class of capabilities or 
        assets;</DELETED>
        <DELETED>    ``(6) a remediation plan identifying corrective 
        actions and any resulting issues or risks; and</DELETED>
        <DELETED>    ``(7) a description of how progress in the 
        remediation plan will be measured and monitored.</DELETED>
<DELETED>    ``(c) Substantial Variances in Costs or Schedule.--If a 
likely cost overrun is greater than 25 percent or a likely delay is 
greater than 12 months from the costs and schedule described in the 
acquisition program baseline for any Level 1 or Level 2 acquisition 
project or program of the Coast Guard, the Commandant shall include in 
the report a written certification, with a supporting explanation, 
that--</DELETED>
        <DELETED>    ``(1) the capability or asset or capability or 
        asset class to be acquired under the project or program is 
        essential to the accomplishment of Coast Guard 
        missions;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(3) the new acquisition schedule and estimates 
        for total acquisition cost are reasonable; and</DELETED>
        <DELETED>    ``(4) the management structure for the acquisition 
        program is adequate to manage and control performance, cost, 
        and schedule.</DELETED>

             <DELETED>``Subchapter 3--Definitions</DELETED>

<DELETED>``Sec. 581. Definitions</DELETED>
<DELETED>    ``In this chapter:</DELETED>
        <DELETED>    ``(1) Appropriate congressional committees.--The 
        term `appropriate congressional committees' means the House of 
        Representatives Committee on Transportation and Infrastructure 
        and the Senate Committee on Commerce, Science, and 
        Transportation.</DELETED>
        <DELETED>    ``(2) Chief acquisition officer.--The term `Chief 
        Acquisition Officer' means the officer appointed under section 
        55 of this title.</DELETED>
        <DELETED>    ``(3) Commandant.--The term `Commandant' means the 
        Commandant of the Coast Guard.</DELETED>
        <DELETED>    ``(4) Joint review board.--The term `Joint Review 
        Board' means the Department of Homeland Security's Investment 
        Review Board, Joint Requirements Council, or other entity 
        within the Department designated by the Secretary as the Joint 
        Review Board for purposes of this chapter.</DELETED>
        <DELETED>    ``(5) Level 1 acquisition.--The term `Level 1 
        acquisition' means--</DELETED>
                <DELETED>    ``(A) an acquisition by the Coast Guard--
                </DELETED>
                        <DELETED>    ``(i) the estimated life-cycle 
                        costs of which exceed $1,000,000,000; 
                        or</DELETED>
                        <DELETED>    ``(ii) the estimated total 
                        acquisition costs of which exceed $300,000,000; 
                        or</DELETED>
                <DELETED>    ``(B) any acquisition that the Chief 
                Acquisition Officer of the Coast Guard determines to 
                have a special interest--</DELETED>
                        <DELETED>    ``(i) due to--</DELETED>
                                <DELETED>    ``(I) the experimental or 
                                technically immature nature of the 
                                asset;</DELETED>
                                <DELETED>    ``(II) the technological 
                                complexity of the asset;</DELETED>
                                <DELETED>    ``(III) the commitment of 
                                resources; or</DELETED>
                                <DELETED>    ``(IV) the nature of the 
                                capability or set of capabilities to be 
                                achieved; or</DELETED>
                        <DELETED>    ``(ii) because such acquisition is 
                        a joint acquisition.</DELETED>
        <DELETED>    ``(6) Level 2 acquisition.--The term `Level 2 
        acquisition' means an acquisition by the Coast Guard--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the estimated total acquisition 
                costs of which are equal to or less than $300,000,0000, 
                but greater than $100,000,000.</DELETED>
        <DELETED>    ``(7) 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.</DELETED>
        <DELETED>    ``(8) Safety concern.--The term `safety concern' 
        means any hazard associated with a capability or asset or a 
        subsystem of a capability or asset that is likely to cause 
        serious bodily injury or death to a typical Coast Guard user in 
        testing, maintaining, repairing, or operating the capability, 
        asset, or subsystem or any hazard associated with the 
        capability, asset, or subsystem that is likely to cause major 
        damage to the capability, asset, or subsystem during the course 
        of its normal operation by a typical Coast Guard 
        user.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The part analysis for part I of 
title 14, United States Code, is amended by inserting after the item 
relating to chapter 13 the following:</DELETED>

``15. Acquisitions 
                            ......................................................
                            ......................561''.

<DELETED>SEC. 503. REPORT AND GUIDANCE ON EXCESS PASS-THROUGH 
              CHARGES.</DELETED>

<DELETED>    (a) Comptroller General Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Comptroller General shall 
        issue a report on pass-through charges on contracts, 
        subcontracts, delivery orders, and task orders that were 
        executed by a lead systems integrator under contract to the 
        Coast Guard during the 3 full calendar years preceding the date 
        of enactment of this Act.</DELETED>
        <DELETED>    (2) Matters covered.--The report under this 
        subsection--</DELETED>
                <DELETED>    (A) shall assess the extent to which the 
                Coast Guard paid excessive pass-through charges to 
                contractors or subcontractors that provided little or 
                no value to the performance of a contract or the 
                production of a procured asset; and</DELETED>
                <DELETED>    (B) shall assess the extent to which the 
                Coast Guard has been particularly vulnerable to 
                excessive pass-through charges on any specific category 
                of contracts or by any specific category of 
                contractors.</DELETED>
<DELETED>    (b) Guidance Required.--</DELETED>
        <DELETED>    (1) In General.--Not later than 180 days after the 
        date of enactment of this Act, the Commandant shall prescribe 
        guidance to ensure that pass-through charges on contracts, 
        subcontracts, delivery orders, and task orders that are 
        executed 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--
        </DELETED>
                <DELETED>    (A) set forth clear standards for 
                determining when no, or negligible, value has been 
                added to a contract by a contractor or 
                subcontractor;</DELETED>
                <DELETED>    (B) set forth procedures for preventing 
                the payment by the Government of excessive pass-through 
                charges; and</DELETED>
                <DELETED>    (C) identify any exceptions determined by 
                the Commandant to be in the best interest of the 
                Government.</DELETED>
        <DELETED>    (2) Scope of guidance.--The guidance prescribed 
        under this subsection--</DELETED>
                <DELETED>    (A) shall not apply to any firm, fixed-
                price contract or subcontract, delivery order, or task 
                order that is--</DELETED>
                        <DELETED>    (i) awarded on the basis of 
                        adequate price competition, as determined by 
                        the Commandant; or</DELETED>
                        <DELETED>    (ii) for the acquisition of a 
                        commercial item, as defined in section 4(12) of 
                        the Office of Federal Procurement Policy Act 
                        (41 U.S.C. 403(12)); and</DELETED>
                <DELETED>    (B) may include such additional exceptions 
                as the Commandant determines to be necessary in the 
                interest of the United States.</DELETED>
<DELETED>    (c) 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.</DELETED>
<DELETED>    (d) Application of Guidance.--The guidance prescribed 
under this section shall apply to contracts awarded to a private entity 
acting as a lead systems integrator by or on behalf of the Coast Guard 
on or after the date that is 360 days after the date of enactment of 
this Act.</DELETED>

          <DELETED>TITLE VI--SHIPPING AND NAVIGATION</DELETED>

<DELETED>SEC. 601. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, 
              UNITED STATES CODE.</DELETED>

<DELETED>    (a) In General.--Chapter 313 of title 46, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``of Transportation'' in sections 
        31302, 31306, 31321, 31330, and 31343 each place it 
        appears;</DELETED>
        <DELETED>    (2) by striking ``and'' after the semicolon in 
        section 31301(5)(F);</DELETED>
        <DELETED>    (3) by striking ``office.'' in section 31301(6) 
        and inserting ``office; and''; and</DELETED>
        <DELETED>    (4) by adding at the end of section 31301 the 
        following:</DELETED>
        <DELETED>    ``(7) `Secretary' means the Secretary of the 
        Department of Homeland Security, unless otherwise 
        noted.''.</DELETED>
<DELETED>    (b) Secretary as Mortgagee.--Section 31308 of such title 
is amended by striking ``When the Secretary of Commerce or 
Transportation is a mortgagee under this chapter, the Secretary'' and 
inserting ``The Secretary of Commerce or Transportation, as a mortgagee 
under this chapter,''.</DELETED>
<DELETED>    (c) Secretary of Transportation.--Section 31329(d) of such 
title is amended by striking ``Secretary.'' and inserting ``Secretary 
of Transportation.''.</DELETED>
<DELETED>    (d) Mortgagee.--</DELETED>
        <DELETED>    (1) Section 31330(a)(1) of such title, as amended 
        by subsection (a)(1) of this section, is amended--</DELETED>
                <DELETED>    (A) by inserting ``or'' after the 
                semicolon in subparagraph (B);</DELETED>
                <DELETED>    (B) by striking ``Secretary; or'' in 
                subparagraph (C) and inserting ``Secretary.''; 
                and</DELETED>
                <DELETED>    (C) by striking subparagraph 
                (D).</DELETED>
        <DELETED>    (2) Section 31330(a)(2) is amended--</DELETED>
                <DELETED>    (A) by inserting ``or'' after the 
                semicolon in subparagraph (B);</DELETED>
                <DELETED>    (B) by striking ``faith; or'' in 
                subparagraph (C) and inserting ``faith.''; 
                and</DELETED>
                <DELETED>    (C) by striking subparagraph 
                (D).</DELETED>

<DELETED>SEC. 602. CLARIFICATION OF RULEMAKING AUTHORITY.</DELETED>

<DELETED>    (a) In General.--Chapter 701 of title 46, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 70122. Regulations</DELETED>
<DELETED>    ``Unless otherwise provided, the Secretary may issue 
regulations necessary to implement this chapter.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents for chapter 
701 of such title is amended by adding at the end the following new 
item:</DELETED>

<DELETED>``70122. Regulations.''.

<DELETED>SEC. 603. COAST GUARD TO MAINTAIN LORAN-C NAVIGATION 
              SYSTEM.</DELETED>

<DELETED>     (a) In General.--The Secretary of Transportation shall 
maintain the LORAN-C navigation system until such time as the Secretary 
is authorized by statute, explicitly referencing this section, to cease 
operating the system but expedite modernization projects necessary for 
transition to eLORAN technology.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Transportation, in addition to 
funds authorized under section 101 of this Act for the Coast Guard for 
operation of the LORAN-C system and for the transition to eLORAN, for 
capital expenses related to the LORAN-C infrastructure and to modernize 
and upgrade the LORAN infrastructure to provide eLORAN services, 
$37,000,000 for each of fiscal years 2010 and 2011. The Secretary of 
Transportation may transfer from the Federal Aviation Administration 
and other agencies of the Department of Transportation such funds as 
may be necessary to reimburse the Coast Guard for related 
expenses.</DELETED>
<DELETED>    (c) Report on Transition  to eLORAN  Technology.--No later 
than 6 months after the date of enactment of this Act, the Secretary of 
Transportation, in cooperation with the Secretary of the Department in 
which the Coast Guard is operating, shall provide a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infrastructure a 
detailed 5-year plan for transition to eLORAN technology that 
includes--</DELETED>
        <DELETED>    (1) the timetable, milestones, projects, and 
        future funding required to complete the transition from LORAN-C 
        to eLORAN technology for provision of positioning, navigation, 
        and timing services; and</DELETED>
        <DELETED>    (2) the benefits of eLORAN for national 
        transportation safety, security, and economic growth.</DELETED>

<DELETED>SEC. 604. ICEBREAKERS.</DELETED>

<DELETED>    (a) 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 polar ice-breaking mission requirements, which 
ever occurs later, the Commandant of the Coast Guard shall--</DELETED>
        <DELETED>    (1) conduct a comparative cost-benefit analysis 
        of--</DELETED>
                <DELETED>    (A) rebuilding, renovating, or improving 
                the existing fleet of polar icebreakers for operation 
                by the Coast Guard,</DELETED>
                <DELETED>    (B) constructing new polar icebreakers for 
                operation by the Coast Guard for operation by the Coast 
                Guard, and</DELETED>
                <DELETED>    (C) any combination of the activities 
                described in subparagraphs (A) and (B), to carry out 
                the missions of the Coast Guard; and</DELETED>
        <DELETED>    (2) conduct an analysis of the impact on mission 
        capacity and the ability of the United States to maintain a 
        presence in the polar regions through the year 2020 if 
        recapitalization of the polar icebreaker fleet, either by 
        constructing new polar icebreakers or rebuilding, renovating, 
        or improving the existing fleet of polar icebreakers, is not 
        fully funded.</DELETED>
<DELETED>    (b) Reports to Congress.--</DELETED>
        <DELETED>    (1) Not later than 90 days after the date of 
        enactment of this Act or the date of completion of the ongoing 
        High Latitude Study to assess polar 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.</DELETED>
        <DELETED>    (2) 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 
        paragraphs (1) and (2) of subsection (a), 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.</DELETED>

<DELETED>SEC. 605. VESSEL SIZE LIMITS.</DELETED>

<DELETED>    (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) 
of title 46, United States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``and'' after the semicolon at 
        the end of subparagraph (A)(i);</DELETED>
        <DELETED>    (2) by striking ``and'' at the end of subparagraph 
        (A)(ii);</DELETED>
        <DELETED>    (3) by striking subparagraph (A)(iii);</DELETED>
        <DELETED>    (4) by striking the period at the end of 
        subparagraph (B) and inserting ``; or''; and</DELETED>
        <DELETED>    (5) by inserting at the end the 
        following:</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(g) Vessel Rebuilding and Replacement.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(A) Rebuild or replace.--Notwithstanding 
                any limitation to the contrary on replacing, 
                rebuilding, or lengthening vessels or transferring 
                permits or licenses to a replacement vessel contained 
                in sections 679.2 and 679.4 of title 50, Code of 
                Federal Regulations, as in effect on the date of 
                enactment of the Coast Guard Authorization Act for 
                Fiscal Years 2010 and 2011 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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Recommendations of north pacific council.--
        The North Pacific 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.</DELETED>
        <DELETED>    ``(3) Special rule for replacement of certain 
        vessels.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Special rules for certain catcher vessels.--
        </DELETED>
                <DELETED>    ``(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 Council) established 
                under section 302(a) of the Magnuson-Stevens 
                Act.</DELETED>
                <DELETED>    ``(B) Covered vessels.--A covered vessel 
                referred to in subparagraph (A) is--</DELETED>
                        <DELETED>    ``(i) a vessel eligible under 
                        subsection (a), (b), or (c) that is replaced 
                        under paragraph (1); or</DELETED>
                        <DELETED>    ``(ii) a vessel eligible under 
                        subsection (a), (b), or (c) that is rebuilt to 
                        increase its registered length, gross tonnage, 
                        or shaft horsepower.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(6) Gulf of alaska limitation.--Notwithstanding 
        paragraph (1), the Secretary shall prohibit from participation 
        in the groundfish fisheries of the Gulf of Alaska any vessel 
        that is rebuilt or replaced under this subsection and that 
        exceeds the maximum length overall specified on the license 
        that authorizes fishing for groundfish pursuant to the license 
        limitation program under part 679 of title 50, Code of Federal 
        Regulations, as in effect on the date of enactment of the Coast 
        Guard Authorization Act for Fiscal Years 2010 and 
        2011.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) by inserting ``and'' after ``(United 
                States official number 651041)'';</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) by striking ``, in the case of the 
                NORTHERN'' and all that follows through 
                ``PHOENIX,''.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) by moving the matter beginning with 
                ``the Secretary shall'' in paragraph (1) 2 ems to the 
                right; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(7) Fishery cooperative exit provisions.--
        </DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) shall be based on the catch 
                        history determination for the vessel made 
                        pursuant to section 679.62 of title 50, Code of 
                        Federal Regulations, as in effect on the date 
                        of enactment of the Coast Guard Authorization 
                        Act of 2008; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Limitations on statutory 
                construction.--Nothing in this paragraph shall be 
                construed--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.''.</DELETED>

            <DELETED>TITLE VII--VESSEL CONVEYANCE</DELETED>

<DELETED>SEC. 701. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Vessel Conveyance 
Act''.</DELETED>

<DELETED>SEC. 702. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC 
              PURPOSES.</DELETED>

<DELETED>    (a) In General.--Whenever the transfer of ownership of a 
Coast Guard vessel to an eligible entity for use for educational, 
cultural, historical, charitable, recreational, or other public 
purposes is authorized by law, the Coast Guard shall transfer the 
vessel to the General Services Administration for conveyance to the 
eligible entity.</DELETED>
<DELETED>    (b) Conditions of Conveyance.--The General Services 
Administration may not convey a vessel to an eligible entity as 
authorized by law unless the eligible entity agrees--</DELETED>
        <DELETED>    (1) to provide the documentation needed by the 
        General Services Administration to process a request for 
        aircraft or vessels under section 102.37.225 of title 41, Code 
        of Federal Regulations;</DELETED>
        <DELETED>    (2) to comply with the special terms, conditions, 
        and restrictions imposed on aircraft and vessels under section 
        102-37.460 of such title;</DELETED>
        <DELETED>    (3) to make the vessel available to the United 
        States Government if it is needed for use by the Commandant of 
        the Coast Guard in time of war or a national emergency; 
        and</DELETED>
        <DELETED>    (4) 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 use of 
        the vessel by the United States Government under paragraph 
        (3).</DELETED>
<DELETED>    (c) Eligible Entity Defined.--In this section, the term 
``eligible entity'' means a State or local government, nonprofit 
corporation, educational agency, community development organization, or 
other entity that agrees to comply with the conditions established 
under this section.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act for 
Fiscal Years 2010 and 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                        TITLE I--AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.

                        TITLE II--ADMINISTRATION

Sec. 201. Authority to distribute funds through grants, cooperative 
                            agreements, and contracts to maritime 
                            authorities and organizations.
Sec. 202. Assistance to foreign governments and maritime authorities.
Sec. 203. Cooperative agreements for industrial activities.
Sec. 204. Defining Coast Guard vessels and aircraft.

                        TITLE III--ORGANIZATION

Sec. 301. Vice commandant; vice admirals.
Sec. 302. Number and distribution of commissioned officers on the 
                            active duty promotion list.

                          TITLE IV--PERSONNEL

Sec. 401. Leave retention authority.
Sec. 402. Legal assistance for Coast Guard reservists.
Sec. 403. Reimbursement for certain medical related expenses.
Sec. 404. Reserve commissioned warrant officer to lieutenant program.
Sec. 405. Enhanced status quo officer promotion system.
Sec. 406. Appointment of civilian Coast Guard judges.
Sec. 407. Coast Guard participation in the Armed Forces Retirement Home 
                            system.
Sec. 408. Crew wages on passenger vessels.

                      TITLE V--ACQUISITION REFORM

Sec. 501. Chief Acquisition Officer.
Sec. 502. Acquisitions.

                       ``CHAPTER 15--ACQUISITIONS

                   ``Subchapter 1--General Provisions

        ``Sec.
        ``561. Acquisition directorate
        ``562. Senior acquisition leadership team
        ``563. Improvements in Coast Guard acquisition management
        ``564. Recognition of Coast Guard personnel for excellence in 
                            acquisition
        ``565. Prohibition on use of lead systems integrators
        ``566. Required contract terms
        ``567. Department of Defense consultation
        ``568. Undefinitized contractual actions

      ``Subchapter 2--Improved Acquisition Process and Procedures

        ``Sec.
        ``571. Identification of major system acquisitions
        ``572. Acquisition
        ``573. Preliminary development and demonstration
        ``574. Acquisition, production, deployment, and support
        ``575. Acquisition program baseline breach

                      ``Subchapter 3--Definitions

        ``Sec.
        ``581. Definitions''

Sec. 503. Report and guidance on excess pass-through charges.

                   TITLE VI--SHIPPING AND NAVIGATION

Sec. 601. Technical amendments to chapter 313 of title 46, United 
                            States Code.
Sec. 602. Clarification of rulemaking authority.
Sec. 603. Coast Guard maintenance of LORAN-C navigation system.
Sec. 604. Icebreakers.
Sec. 605. Vessel size limits.
Sec. 606. Phaseout of vessels supporting oil and gas development.

                      TITLE VII--VESSEL CONVEYANCE

Sec. 701. Short title.
Sec. 702. Conveyance of Coast Guard vessels for public purposes.

                  TITLE VIII--OIL POLLUTION PREVENTION

Sec. 801. Rulemakings.
Sec. 802. Oil spill response capability.
Sec. 803. Oil transfers from vessels.
Sec. 804. Improvements to reduce human error and near miss incidents.
Sec. 805. Olympic coast national marine sanctuary.
Sec. 806. Prevention of small oil spills.
Sec. 807. Improved coordination with tribal governments.
Sec. 808. Report on availability of technology to detect the loss of 
                            oil.
Sec. 809. Use of oil spill liability trust fund.
Sec. 810. International efforts on enforcement.
Sec. 811. Higher volume port area regulatory definition change.
Sec. 812. Tug escorts for laden oil tankers.
Sec. 813. Extension of financial responsibility.
Sec. 814. Oil spill liability trust fund investment amount.
Sec. 815. Liability for use of single-hull vessels.

                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Homeporting of the BIGELOW.
Sec. 902. Vessel determination.
Sec. 903. Conveyance of the Presque Isle Light Station Fresnel Lens to 
                            Presque Isle Township, Michigan.
Sec. 904. Land conveyance, Coast Guard property in Marquette County, 
                            Michigan, to the city of Marquette, 
                            Michigan.
Sec. 905. Large offshore supply vessels.
Sec. 906. Conveyance of decommissioned Coast Guard cutters STORIS, 
                            IRIS, and PLANETREE.
Sec. 907. Access for personal watercraft.

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for necessary expenses of 
the Coast Guard for each of fiscal years 2010 and 2011 as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $6,556,188,000, of which $24,500,000 is authorized to be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990.
            (2) For the acquisition, construction, renovation, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,383,980,000, of which $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; such funds 
        appropriated for personnel compensation and benefits and 
        related costs of acquisition, construction, and improvements 
        shall be available for procurement of services necessary to 
        carry out the Integrated Deepwater Systems program.
            (3) 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.
            (4) For environmental compliance and restoration functions 
        under chapter 19 of title 14, United States Code, $13,198,000.
            (5) For research, development, test, and evaluation 
        programs related to maritime technology, $19,745,000.
            (6) For operation and maintenance of the Coast Guard 
        reserve program, $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 of active duty personnel of 49,954 as of September 30, 
2010, and 52,452 as of September 30, 2011.
    (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads as follows:
            (1) For recruit and special training, 2,500 student years 
        for fiscal year 2010, and 2,625 student years for fiscal year 
        2011.
            (2) For flight training, 170 student years for fiscal year 
        2010 and 179 student years for fiscal year 2011.
            (3) For professional training in military and civilian 
        institutions, 350 student years for fiscal year 2010 and 368 
        student years for fiscal year 2011.
            (4) For officer acquisition, 1,300 student years for fiscal 
        year 2010 and 1,365 student years for fiscal year 2011.

                        TITLE II--ADMINISTRATION

SEC. 201. AUTHORITY TO DISTRIBUTE FUNDS THROUGH GRANTS, COOPERATIVE 
              AGREEMENTS, AND CONTRACTS TO MARITIME AUTHORITIES AND 
              ORGANIZATIONS.

    Section 149 of title 14, United States Code, is amended by adding 
at the end the following:
    ``(c) Grants to International Maritime Organizations.--The 
Commandant may, after consultation with the Secretary of State, 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 and environmental requirements, classification, and 
port state or flag state law enforcement or oversight.''.

SEC. 202. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME AUTHORITIES.

    Section 149 of title 14, United States Code, as amended by section 
201, is further amended by adding at the end the following:
    ``(d) Authorized Activities.--
            ``(1) The Commandant may transfer or expend funds from any 
        appropriation available to the Coast Guard for--
                    ``(A) the activities of traveling contact teams, 
                including any transportation expense, translation 
                services expense, or administrative expense that is 
                related to such activities;
                    ``(B) the activities of maritime authority liaison 
                teams of foreign governments making reciprocal visits 
                to Coast Guard units, including any transportation 
                expense, translation services expense, or 
                administrative expense that is related to such 
                activities;
                    ``(C) seminars and conferences involving members of 
                maritime authorities of foreign governments;
                    ``(D) distribution of publications pertinent to 
                engagement with maritime authorities of foreign 
                governments; and
                    ``(E) personnel expenses for Coast Guard civilian 
                and military personnel to the extent that those 
                expenses relate to participation in an activity 
                described in subparagraph (C) or (D).
            ``(2) An activity may not be conducted under this 
        subsection with a foreign country unless the Secretary of State 
        approves the conduct of such activity in that foreign 
        country.''.

SEC. 203. COOPERATIVE AGREEMENTS FOR 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 and 
enter into reimbursable agreements with establishments, agencies, and 
departments of the Department of Defense and the Department of Homeland 
Security.''.

SEC. 204. DEFINING COAST GUARD VESSELS AND AIRCRAFT.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by inserting after section 638 the following new section:
``Sec. 638a. Coast Guard vessels and aircraft defined
    ``For the purposes of sections 637 and 638 of this title, the term 
Coast Guard vessels and aircraft means--
            ``(1) any vessel or aircraft owned, leased, transferred to, 
        or operated by the Coast Guard and under the command of a Coast 
        Guard member; or
            ``(2) any other vessel or aircraft under the tactical 
        control of the Coast Guard on which one or more members of the 
        Coast Guard are assigned and conducting Coast Guard 
        missions.''.
    (b) Clerical Amendment.--The table of contents for chapter 17 of 
such title is amended by inserting after the item relating to section 
638 the following:

``638a. Coast Guard vessels and aircraft defined.''.

                        TITLE III--ORGANIZATION

SEC. 301. VICE COMMANDANT; VICE ADMIRALS.

    (a) Vice Commandant.--The fourth sentence of section 47 of title 
14, United States Code, is amended by striking ``vice admiral'' and 
inserting ``admiral''.
    (b) Vice Admirals.--Section 50 of such title is amended to read as 
follows:
``Sec. 50. Vice admirals
    ``(a)(1) The President may designate no more than 4 positions of 
importance and responsibility that shall be held by officers who--
            ``(A) while so serving, shall have the grade of vice 
        admiral, with the pay and allowances of that grade; and
            ``(B) shall perform such duties as the Commandant may 
        prescribe.
    ``(2) The President may appoint, by and with the advice and consent 
of the Senate, and reappoint, by and with the advice and consent of the 
Senate, to any such position an officer of the Coast Guard who is 
serving on active duty above the grade of captain. The Commandant shall 
make recommendations for such appointments.
    ``(b)(1) The appointment and the grade of vice admiral shall be 
effective on the date the officer assumes that duty and, except as 
provided in paragraph (2) of this subsection or in section 51(d) of 
this title, shall terminate on the date the officer is detached from 
that duty.
    ``(2) An officer who is appointed to a position designated under 
subsection (a) shall continue to hold the grade of vice admiral--
            ``(A) while under orders transferring the officer to 
        another position designated under subsection (a), beginning on 
        the date the officer is detached from that duty and terminating 
        on the date before the day the officer assumes the subsequent 
        duty, but not for more than 60 days;
            ``(B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is discharged 
        from the hospital, but not for more than 180 days; and
            ``(C) while awaiting retirement, beginning on the date the 
        officer is detached from duty and ending on the day before the 
        officer's retirement, but not for more than 60 days.
    ``(c)(1) An appointment of an officer under subsection (a) does not 
vacate the permanent grade held by the officer.
    ``(2) An officer serving in a grade above rear admiral who holds 
the permanent grade of rear admiral (lower half) shall be considered 
for promotion to the permanent grade of rear admiral as if the officer 
was serving in the officer's permanent grade.
    ``(d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of the 
qualifications needed by an officer serving in that position or office 
to carry out effectively the duties and responsibilities of that 
position or office.''.
    (c) Repeal.--Section 50a of such title is repealed.
    (d) Conforming Amendments.--Section 51 of such title is amended--
            (1) by striking subsections (a), (b), and (c) and inserting 
        the following:
    ``(a) An officer, other than the Commandant, who, while serving in 
the grade of 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 2\1/2\ 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 2\1/2\ 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) by striking ``Area Commander, or Chief of Staff'' in 
        subsection (d)(2) and inserting ``or Vice Admiral''.
    (e) Clerical Amendments.--
            (1) The section caption for section 47 of such title is 
        amended to read as follows:
``Sec. 47. Vice commandant; appointment''.
            (2) The table of contents for chapter 3 of such title is 
        amended--
                    (A) by striking the item relating to section 47 and 
                inserting the following:

``47. Vice Commandant; appointment.'';
                    (B) by striking the item relating to section 50a; 
                and
                    (C) by striking the item relating to section 50 and 
                inserting the following:

``50. Vice admirals.''.
    (f) Technical Correction.--Section 47 of such title is further 
amended by striking ``subsection'' in the fifth sentence and inserting 
``section''.
    (g) Treatment of Incumbents; Transition.--
            (1) Notwithstanding any other provision of law, the officer 
        who, on the date of enactment of this Act, is serving 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 that Act.
            (2) Notwithstanding any other provision of law, an officer 
        who, on the date of enactment of this Act, is serving as Chief 
        of Staff, Commander, Atlantic Area, or Commander, Pacific 
        Area--
                    (A) shall continue to have the grade of vice 
                admiral with pay and allowance of that grade until such 
                time that the officer is relieved of his duties and 
                appointed and confirmed to another position as a vice 
                admiral or admiral; and
                    (B) for the purposes of transition, may continue, 
                for not more than 1 year after the date of enactment of 
                this Act, to perform the duties of the officer's former 
                position and any other such duties that the Commandant 
                prescribes.

SEC. 302. NUMBER AND DISTRIBUTION OF COMMISSIONED OFFICERS ON THE 
              ACTIVE DUTY PROMOTION LIST.

    (a) In General.--Section 42 of title 14, United States Code, is 
amended--
            (1) by striking subsections (a), (b), and (c) and inserting 
        the following:
    ``(a) The total number of Coast Guard commissioned officers on the 
active duty promotion list, excluding warrant officers, shall not 
exceed 7,200. This total number may be temporarily increased up to 2 
percent for no more than the 60 days that follow the commissioning of a 
Coast Guard Academy class.
    ``(b) The total number of commissioned officers authorized by this 
section shall be distributed in grade not to exceed the following 
percentages:
            ``(1) 0.375 percent for rear admiral.
            ``(2) 0.375 percent for rear admiral (lower half).
            ``(3) 6.0 percent for captain.
            ``(4) 15.0 percent for commander.
            ``(5) 22.0 percent for lieutenant commander.
The Secretary shall prescribe the percentages applicable to the grades 
of lieutenant, lieutenant (junior grade), and ensign. The Secretary 
may, as the needs of the Coast Guard require, reduce any of the 
percentages set forth in paragraphs (1) through (5) and apply that 
total percentage reduction to any other lower grade or combination of 
lower grades.
    ``(c) The Secretary shall, at least once a year, compute the total 
number of commissioned officers authorized to serve in each grade by 
applying the grade distribution percentages of this section to the 
total number of commissioned officers listed on the current active duty 
promotion list. In making such calculations, any fraction shall be 
rounded to the nearest whole number. The number of commissioned 
officers on the active duty promotion list serving with other 
departments or agencies on a reimbursable basis or excluded under the 
provisions of section 324(d) of title 49, shall not be counted against 
the total number of commissioned officers authorized to serve in each 
grade.'';
            (2) by striking subsection (e) and inserting the following:
    ``(e) 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.''; and
            (3) by striking the caption of such section and inserting 
        the following:
``Sec. 42. Number and distribution of commissioned officers on the 
              active duty promotion list''.
    (b) Clerical Amendment.--The table of contents 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 the active 
                            duty promotion list.''.

                          TITLE IV--PERSONNEL

SEC. 401. LEAVE RETENTION AUTHORITY.

    Section 701(f)(2) of title 10, United States Code, is amended by 
inserting ``or a declaration of a major disaster or emergency by the 
President under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (Public Law 93-288, 42 U.S.C. 5121 et seq.)'' after 
``operation''.

SEC. 402. LEGAL ASSISTANCE FOR COAST GUARD RESERVISTS.

    Section 1044(a)(4) of title 10, United States Code, is amended--
            (1) by striking ``(as determined by the Secretary of 
        Defense),'' and inserting ``(as determined by the Secretary of 
        Defense and the Secretary of the department in which the Coast 
        Guard is operating, with respect to the Coast Guard when it is 
        not operating as a service of the Navy),''; and
            (2) by striking ``prescribed by the Secretary of Defense,'' 
        and inserting ``prescribed by Secretary of Defense and the 
        Secretary of the department in which the Coast Guard is 
        operating, with respect to the Coast Guard when it is not 
        operating as a service of the Navy,''.

SEC. 403. REIMBURSEMENT FOR CERTAIN MEDICAL-RELATED TRAVEL EXPENSES.

    Section 1074i(a) of title 10, United States Code, is amended--
            (1) by striking ``In General.--In'' and inserting ``In 
        General.--(1) In''; and
            (2) by adding at the end the following:
    ``(2) In any case in which a covered beneficiary resides on an 
INCONUS island that lacks public access roads to the mainland and is 
referred by a primary care physician to a specialty care provider on 
the mainland who provides services less than 100 miles from the 
location in which 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.''.

SEC. 404. 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 
        licensed officers of the United States merchant marine; 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. 405. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

    (a) Section 253(a) of title 14, United States Code, is amended--
            (1) by inserting ``and'' after ``considered,''; and
            (2) by striking ``consideration, and the number of officers 
        the board may recommend for promotion'' and inserting 
        ``consideration''.
    (b) Section 258 of such title is amended--
            (1) by inserting ``(a)'' before ``The Secretary''; and
            (2) by adding at the end the following:
    ``(b) In addition to the information provided pursuant to 
subsection (a), the Secretary may furnish the selection board--
            ``(1) specific direction relating to the needs of the 
        service for officers having particular skills, including 
        direction relating to the need for a minimum number of officers 
        with particular skills within a specialty; and
            ``(2) such other guidance that the Secretary believes may 
        be necessary to enable the board to properly perform its 
        functions.
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.''.
    (c) Section 259(a) of such title is amended by striking ``board'' 
the second place it appears and inserting ``board, giving due 
consideration to the needs of the service for officers with particular 
skills so noted in the specific direction furnished pursuant to section 
258 of this title,''.
    (d) Section 260(b) of such title is amended by inserting ``to meet 
the needs of the service (as noted in the specific direction furnished 
the board under section 258 of this title)'' after ``qualified for 
promotion''.

SEC. 406. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

    Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is 
amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Appointment of Judges.--The Secretary may appoint civilian 
employees of the Department of Homeland Security 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, United States 
Code.''.

SEC. 407. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME 
              SYSTEM.

    (a) Eligibility under the  Armed Forces Retirement Home Act.--
Section 1502 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 
401) is amended--
            (1) by striking ``does not include the Coast Guard when it 
        is not operating as a service of the Navy.'' in paragraph (4) 
        and inserting ``has the meaning given such term in section 
        101(4) of title 10.'';
            (2) by striking ``and'' in paragraph (5)(C);
            (3) by striking ``Affairs.'' in paragraph (5)(D) and 
        inserting ``Affairs; and'';
            (4) by adding at the end of paragraph (5) the following:
                    ``(E) the Assistant Commandant of the Coast Guard 
                for Human Resources.''; and
            (5) by adding at the end of paragraph (6) the following:
                    ``(E) The Master Chief Petty Officer of the Coast 
                Guard.''.
    (b) Deductions.--
            (1) Section 2772 of title 10, United States Code, is 
        amended--
                    (A) by striking ``of the military department'' in 
                subsection (a);
                    (B) by striking ``Armed Forces Retirement Home 
                Board'' in subsection (b) and inserting ``Chief 
                Operating Officer of the Armed Forces Retirement 
                Home''; and
                    (C) by striking subsection (c).
            (2) Section 1007(i) of title 37, United States Code, is 
        amended--
                    (A) by striking ``Armed Forces Retirement Home 
                Board,'' in paragraph (3) and inserting ``Chief 
                Operating Officer of the Armed Forces Retirement 
                Home,''; and
                    (B) by striking ``does not include the Coast Guard 
                when it is not operating as a service of the Navy.'' in 
                paragraph (4) and inserting ``has the meaning given 
                such term in section 101(4) of title 10.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first pay period beginning on or after 
January 1, 2010.

SEC. 408. CREW WAGES ON PASSENGER VESSELS.

    (a) Foreign and Intercoastal Voyages.--
            (1) Limitations on penalty wage claims.--Section 10313 of 
        title 46, United States Code, is amended by adding at the end 
        thereof the following:
    ``(j) Class Actions.--A class action suit by seamen employed on a 
passenger vessel for wages under this subsection may not be commenced 
more than 3 years after the date of the end of the last voyage for 
which the wages are claimed.''.
            (2) Deposits.--Section 10315 of such title is amended by 
        adding at the end the following:
    ``(f) A seaman employed on a passenger vessel may authorize, by 
written request signed by the seaman, 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) Limitation on penalty wage claims.--Section 10504 of 
        such title is amended by adding at the end thereof the 
        following:--
    ``(f) Class Actions.--A class action suit by seamen employed on a 
passenger vessel for wages under this subsection may not be commenced 
more than 3 years after the date of the end of the last voyage for 
which the wages are claimed.''.
            (2) Deposits.--Section 10504 of such title is further 
        amended by adding at the end the following:
    ``(g) Deposits.--A seaman employed on a passenger vessel may 
authorize, by written request signed by the seaman, 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.''.

                      TITLE V--ACQUISITION REFORM

SEC. 501. CHIEF ACQUISITION OFFICER.

    (a) In General.--Chapter 3 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 55. Chief Acquisition Officer
    ``(a) In General.--There shall be in the Coast Guard a Chief 
Acquisition Officer selected by the Commandant who shall be a Rear 
Admiral or civilian from the Senior Executive Service (career 
reserved). The Chief Acquisition Officer shall serve at the Assistant 
Commandant level and have acquisition management as that individual's 
primary duty.
    ``(b) Qualifications.--The Chief Acquisition Officer shall be an 
acquisition professional with a Level III certification and must have 
at least 10 years experience in an acquisition position, of which at 
least 4 years were spent as--
            ``(1) the program executive officer;
            ``(2) the program manager of a Level 1 or Level 2 
        acquisition project or program;
            ``(3) the deputy program manager of a Level 1 or Level 2 
        acquisition; or
            ``(4) a combination of such positions.
    ``(c) Functions of the Chief Acquisition Officer.--The functions of 
the Chief Acquisition Officer 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, and services by the Coast Guard by 
        establishing policies, procedures, and practices that ensure 
        that the Coast Guard receives a sufficient number of 
        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 or service procured;
            ``(3) making acquisition decisions in concurrence with the 
        technical authority, or technical authorities, as appropriate, 
        of the Coast Guard, as designated by the Commandant, consistent 
        with all other applicable laws and decisions establishing 
        procedures within the Coast Guard;
            ``(4) ensuring the use of detailed performance 
        specifications in instances in which performance based 
        contracting is used;
            ``(5) managing the direction of acquisition policy for the 
        Coast Guard, including implementation of the unique acquisition 
        policies, regulations, and standards of the Coast Guard;
            ``(6) developing and maintaining an acquisition career 
        management program in the Coast Guard to ensure that there is 
        an adequate acquisition workforce;
            ``(7) assessing the requirements established for Coast 
        Guard personnel regarding knowledge and skill in acquisition 
        resources and management and the adequacy of such requirements 
        for facilitating the achievement of the performance goals 
        established for acquisition management;
            ``(8) developing strategies and specific plans for hiring, 
        training, and professional development; and
            ``(9) reporting to the Commandant, through the chain of 
        command, on the progress made in improving acquisition 
        management capability.''.
    (b) Clerical Amendment.--The table of contents for chapter 3 of 
title 14, United States Code, is amended by adding at the end the 
following:

``55. Chief Acquisition Officer.''.
    (c) Selection Deadline.--As soon as practicable after the date of 
enactment of this Act, but no later than October 1, 2011, the 
Commandant of the Coast Guard shall select a Chief Acquisition Officer 
under section 55 of title 14, United States Code.

SEC. 502. ACQUISITIONS.

    (a) In General.--Part I of title 14, United States Code, is amended 
by inserting after chapter 13 the following:

                       ``CHAPTER 15. ACQUISITIONS

                   ``Subchapter 1--General Provisions

``Sec.
``561. Acquisition directorate
``562. Senior acquisition leadership team
``563. Improvements in Coast Guard acquisition management
``564. Recognition of Coast Guard personnel for excellence in 
                            acquisition
``565. Prohibition on use of lead systems integrators
``566. Required contract terms
``567. Department of Defense consultation
``568. Undefinitized contractual actions

      ``Subchapter 2--Improved Acquisition Process and Procedures

``Sec.
``571. Identification of major system acquisitions
``572. Acquisition
``573. Preliminary development and demonstration
``574. Acquisition, production, deployment, and support
``575. Acquisition program baseline breach

                      ``Subchapter 3--Definitions

``Sec.
``581. Definitions

                   ``Subchapter 1--General Provisions

``Sec. 561. Acquisition directorate
    ``(a) Establishment.--The Commandant of the Coast Guard shall 
establish an acquisition directorate to provide guidance and oversight 
for the implementation and management of all Coast Guard acquisition 
processes, programs, and projects.
    ``(b) Mission.--The mission of the acquisition directorate is--
            ``(1) to acquire and deliver assets and systems that 
        increase operational readiness, enhance mission performance, 
        and create a safe working environment; and
            ``(2) to assist in the development of a workforce that is 
        trained and qualified to further the Coast Guard's missions and 
        deliver the best value products and services to the Nation.
``Sec. 562. Senior acquisition leadership team
    ``(a) Establishment.--The Commandant shall establish a senior 
acquisition leadership team within the Coast Guard comprised of--
            ``(1) the Vice Commandant;
            ``(2) the Deputy and Assistant Commandants;
            ``(3) appropriate senior staff members of each Coast Guard 
        directorate;
            ``(4) appropriate senior staff members for each assigned 
        field activity or command; and
            ``(5) any other Coast Guard officer or employee designated 
        by the Commandant.
    ``(b) Function.--The senior acquisition leadership team shall--
            ``(1) meet at the call of the Commandant at such places and 
        such times as the Commandant may require;
            ``(2) provide advice and information on operational and 
        performance requirements of the Coast Guard;
            ``(3) identify gaps and vulnerabilities in the operational 
        readiness of the Coast Guard;
            ``(4) make recommendations to the Commandant and the Chief 
        Acquisition Officer to remedy the identified gaps and 
        vulnerabilities in the operational readiness of the Coast 
        Guard; and
            ``(5) contribute to the development of a professional, 
        experienced acquisition workforce by providing acquisition-
        experience tours of duty and educational development for 
        officers and employees of the Coast Guard.
``Sec. 563. Improvements in Coast Guard acquisition management
    ``(a) Project and Program Managers.--
            ``(1) Project or program manager defined.--In this section, 
        the term `project or program manager' means an individual 
        designated--
                    ``(A) to develop, produce, and deploy a new asset 
                to meet identified operational requirements; and
                    ``(B) to manage cost, schedule, and performance of 
                the acquisition or project or program.
            ``(2) Level 1 projects.-- An individual may not be assigned 
        as the project or program manager for a Level 1 acquisition 
        unless the individual holds a Level III acquisition 
        certification as a program manager.
            ``(3) Level 2 projects.--An individual may not be assigned 
        as the project or program manager for a Level 2 acquisition 
        unless the individual holds a Level II acquisition 
        certification as a program manager.
    ``(b) Guidance on Tenure and Accountability of Program and Project 
Managers.--Not later than one year after the date of enactment of the 
Coast Guard Authorization Act for Fiscal years 2010 and 2011, the 
Commandant shall issue guidance to address the qualifications, 
resources, responsibilities, tenure, and accountability of program and 
project managers for the management of acquisition programs and 
projects. The guidance shall address, at a minimum--
            ``(1) the qualifications required for project or program 
        managers, including the number of years of acquisition 
        experience and the professional training levels to be required 
        of those appointed to project or program management positions; 
        and
            ``(2) authorities available to project or program managers, 
        including, to the extent appropriate, the authority to object 
        to the addition of new program requirements that would be 
        inconsistent with the parameters established for an acquisition 
        program.
    ``(c) Acquisition Workforce.--
            ``(1) In general.--The Commandant shall designate a 
        sufficient number of positions to be in the Coast Guard's 
        acquisition workforce to perform acquisition-related functions 
        at Coast Guard headquarters and field activities.
            ``(2) Required positions.--The Commandant shall ensure that 
        members of the acquisition workforce have expertise, education, 
        and training in at least 1 of the following acquisition career 
        fields:
                    ``(A) Acquisition logistics.
                    ``(B) Auditing.
                    ``(C) Business, cost estimating, and financial 
                management.
                    ``(D) Contracting.
                    ``(E) Facilities engineering.
                    ``(F) Industrial or contract property management.
                    ``(G) Information technology.
                    ``(H) Manufacturing, production, and quality 
                assurance.
                    ``(I) Program management.
                    ``(J) Purchasing.
                    ``(K) Science and technology.
                    ``(L) Systems planning, research, development, and 
                engineering.
                    ``(M) Test and evaluation.
            ``(3) Acquisition workforce expedited hiring authority.--
                    ``(A) In general.--For purposes of sections 3304, 
                5333, and 5753 of title 5, the Commandant may--
                            ``(i) designate any category of acquisition 
                        positions within the Coast Guard as shortage 
                        category positions; and
                            ``(ii) use the authorities in such sections 
                        to recruit and appoint highly qualified person 
                        directly to positions so designated.
                    ``(B) Limitation.--The Commandant may not appoint a 
                person to a position of employment under this paragraph 
                after September 30, 2012.
    ``(d) Management Information System.--
            ``(1) In general.--The Commandant shall establish a 
        management information system capability to improve acquisition 
        workforce management and reporting.
            ``(2) Information maintained.--Information maintained with 
        such capability shall include the following standardized 
        information on individuals assigned to positions in the 
        workforce:
                    ``(A) Qualifications, assignment history, and 
                tenure of those individuals assigned to positions in 
                the acquisition workforce or holding acquisition-
                related certifications.
                    ``(B) Promotion rates for officers and members of 
                the Coast Guard in the acquisition workforce.
    ``(e) Career Paths.--To establish acquisition management as a core 
competency of the Coast Guard, the Commandant shall--
            ``(1) 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
            ``(2) publish information on such career paths.
``Sec. 564. Recognition of Coast Guard personnel for excellence in 
              acquisition
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Coast Guard Authorization Act for Fiscal Years 2010 
and 2011, the Commandant shall commence implementation of a program to 
recognize excellent performance by individuals and teams comprised of 
officers, members, and employees of the Coast Guard that contributed to 
the long-term success of a Coast Guard acquisition project or program.
    ``(b) Elements.--The program shall include--
            ``(1) specific award categories, criteria, and eligibility 
        and manners of recognition;
            ``(2) procedures for the nomination by personnel of the 
        Coast Guard of individuals and teams comprised of officers, 
        members, and employees of the Coast Guard for recognition under 
        the program; and
            ``(3) procedures for the evaluation of nominations for 
        recognition under the program by one or more panels of 
        individuals from the Government, academia, and the private 
        sector who have such expertise and are appointed in such manner 
        as the Commandant shall establish for the purposes of this 
        program.
    ``(c) Award of Cash Bonuses.--As part of the program required by 
subsection (a), the Commandant, subject to the availability of 
appropriations, may award to any civilian employee recognized pursuant 
to the program a cash bonus to the extent that the performance of such 
individual so recognized warrants the award of such bonus.
``Sec. 565. Prohibition on use of lead systems integrators
    ``(a) In General.--
            ``(1) Use of lead systems integrator.--Except as provided 
        in subsection (b), the Commandant may not use a private sector 
        entity as a lead systems integrator for an acquisition contract 
        awarded or delivery order or task order issued after the date 
        of enactment of the Coast Guard Authorization Act for Fiscal 
        Years 2010 and 2011.
            ``(2) Full and open competition.--The Commandant and any 
        lead systems integrator engaged by the Coast Guard, pursuant to 
        the exceptions described in subsection (b), shall use full and 
        open competition for any acquisition contract awarded after the 
        date of enactment of that Act, unless otherwise excepted in 
        accordance with the Competition in Contracting Act of 1984 (41 
        U.S.C. 251 note), the amendments made by that Act, and the 
        Federal Acquisition Regulations.
            ``(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 
        subsection (a), the Commandant may use a private sector entity 
        as a lead systems integrator for the Coast Guard to complete 
        the National Distress and Response System Modernization 
        Program, the C4ISR projects directly related to the Integrated 
        Deepwater Program, and National Security Cutters 2 and 3 if the 
        Secretary of Homeland Security certifies that--
                    ``(A) the acquisition is in accordance with the 
                Competition in Contracting Act of 1984 (41 U.S.C. 251 
                note), the amendments made by that Act, and the Federal 
                Acquisition Regulations; and
                    ``(B) the acquisition and the use of a private 
                sector entity as a lead systems integrator for the 
                acquisition is in the best interest of the Federal 
                Government.
            ``(2) Termination date for exceptions.--Except for the 
        modification of delivery or task orders pursuant to Parts 4 and 
        42 of the Federal Acquisition Regulations, the Commandant may 
        not use a private sector entity as a lead systems integrator 
        after the earlier of--
                    ``(A) September 30, 2012; or
                    ``(B) the date on which the Commandant certifies in 
                writing to the appropriate congressional committees 
                that the Coast Guard has available and can retain 
                sufficient contracting 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 system 
                integrator in an efficient and cost-effective manner.
``Sec. 566. 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 the 
Coast Guard Authorization Act for Fiscal Years 2010 and 2011--
            ``(1) provides that all certifications for an end-state 
        capability or asset under such contract, delivery order, or 
        task order, respectively, will be conducted by the Commandant 
        or an independent third party, and that self-certification by a 
        contractor or subcontractor is not allowed;
            ``(2) 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 the Coast Guard 
Authorization Act for Fiscal Years 2010 and 2011 does not include any 
provision allowing for equitable adjustment that is not consistent with 
the Federal Acquisition Regulations.
    ``(c) Integrated Product Teams.--Integrated product teams, and all 
teams that oversee integrated product teams, shall be chaired by 
officers, members, or employees of the Coast Guard.
    ``(d) Deepwater Technical Authorities.--The Commandant shall 
maintain or designate the technical authorities 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 this title.
``Sec. 567. Department of Defense consultation
    ``(a) In General.--The Commandant shall make arrangements as 
appropriate with the Secretary of Defense for support in contracting 
and management of Coast Guard acquisition programs. The Commandant 
shall also seek opportunities to make use of Department of Defense 
contracts, and contracts of other appropriate agencies, to obtain the 
best possible price for assets acquired for the Coast Guard.
    ``(b) Inter-service Technical Assistance.--The Commandant shall 
seek to enter into a memorandum of understanding or a memorandum of 
agreement with the Secretary of the Navy to obtain the assistance of 
the Office of the Assistant Secretary of the Navy for Research, 
Development, and Acquisition, including the Navy Systems Command, with 
the oversight of Coast Guard major acquisition programs. The memorandum 
of understanding or memorandum of agreement shall, at a minimum, 
provide for--
            ``(1) the exchange of technical assistance and support that 
        the Assistant Commandants for Acquisition, Human Resources, 
        Engineering, and Information technology may identify;
            ``(2) the use, as appropriate, of Navy technical expertise; 
        and
            ``(3) the 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 Chief 
Acquisition Officer shall adopt, to the extent practicable, procedures 
modeled after those used by the Navy Senior Acquisition Official to 
approve all technical requirements.
``Sec. 568. Undefinitized contractual actions
    ``(a) In General.--The Coast Guard may not enter into an 
undefinitized contractual action unless such action is directly 
approved by the Head of Contracting Activity of the Coast Guard.
    ``(b) Requests for Undefinitized Contractual Actions.--Any request 
to the Head of Contracting Activity for approval of an undefinitized 
contractual action shall include a description of the anticipated 
effect on requirements of the Coast Guard if a delay is incurred for 
the purposes of determining contractual terms, specifications, and 
price before performance is begun under the contractual action.
    ``(c) Requirements for Undefinitized Contractual Actions.--
            ``(1) Deadline for agreement on terms, specifications, and 
        price.--A contracting officer of the Coast Guard may not enter 
        into an undefinitized contractual action unless the contractual 
        action provides for agreement upon contractual terms, 
        specification, and price by the earlier of--
                    ``(A) the end of the 180-day period beginning on 
                the date on which the contractor submits a qualifying 
                proposal to definitize the contractual terms, 
                specifications, and price; or
                    ``(B) the date on which the amount of funds 
                obligated under the contractual action is equal to more 
                than 50 percent of the negotiated overall ceiling price 
                for the contractual action.
            ``(2) Limitation on obligations.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the contracting officer for an 
                undefinitized contractual action may not obligate under 
                such contractual action an amount that exceeds 50 
                percent of the negotiated overall ceiling price until 
                the contractual terms, specifications, and price are 
                definitized for such contractual action.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                if a contractor submits a qualifying proposal to 
                definitize an undefinitized contractual action before 
                an amount that exceeds 50 percent of the negotiated 
                overall ceiling price is obligated on such action, the 
                contracting officer for such action may not obligate 
                with respect to such contractual action an amount that 
                exceeds 75 percent of the negotiated overall ceiling 
                price until the contractual terms, specifications, and 
                price are definitized for such contractual action.
            ``(3) Waiver.--The Commandant may waive the application of 
        this subsection with respect to a contract if the Commandant 
        determines that the waiver is necessary to support--
                    ``(A) a contingency operation (as that term is 
                defined in section 101(a)(13) of title 10);
                    ``(B) operations to prevent or respond to a 
                transportation security incident (as defined in section 
                70101(6) of title 46);
                    ``(C) an operation in response to an emergency that 
                poses an unacceptable threat to human health or safety 
                or to the marine environment; or
                    ``(D) an operation in response to a natural 
                disaster or major disaster or emergency designated by 
                the President under the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
                seq.).
            ``(4) Limitation on application.--This subsection does not 
        apply to an undefinitized contractual action for the purchase 
        of initial spares.
    ``(d) Inclusion of Nonurgent Requirements.--Requirements for spare 
parts and support equipment that are not needed on an urgent basis may 
not be included in an undefinitized contractual action by the Coast 
Guard for spare parts and support equipment that are needed on an 
urgent basis unless the Commandant approves such inclusion as being--
            ``(1) good business practice; and
            ``(2) in the best interests of the United States.
    ``(e) Modification of Scope.--The scope of an undefinitized 
contractual action under which performance has begun may not be 
modified unless the Commandant approves such modification as being--
            ``(1) good business practice; and
            ``(2) in the best interests of the United States.
    ``(f) Allowable Profit.--The Commandant shall ensure that the 
profit allowed on an undefinitized contractual action for which the 
final price is negotiated after a substantial portion of the 
performance required is completed reflects--
            ``(1) the possible reduced cost risk of the contractor with 
        respect to costs incurred during performance of the contract 
        before the final price is negotiated; and
            ``(2) the reduced cost risk of the contractor with respect 
        to costs incurred during performance of the remaining portion 
        of the contract.
    ``(g) Definitions.--In this section:
            ``(1) Undefinitized contractual action.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `undefinitized contractual 
                action' means a new procurement action entered into by 
                the Coast Guard for which the contractual terms, 
                specifications, or price are not agreed upon before 
                performance is begun under the action.
                    ``(B) Exclusion.--The term `undefinitized 
                contractual action' does not include contractual 
                actions with respect to--
                            ``(i) foreign military sales;
                            ``(ii) purchases in an amount not in excess 
                        of the amount of the simplified acquisition 
                        threshold; or
                            ``(iii) special access programs.
            ``(2) Qualifying proposal.--The term `qualifying proposal' 
        means a proposal that contains sufficient information to enable 
        complete and meaningful audits of the information contained in 
        the proposal as determined by the contracting officer.

      ``Subchapter 2--Improved Acquisition Process and Procedures

``Sec. 571. Identification of major system acquisitions
    ``(a) In General.--
            ``(1) Support mechanisms.--The Commandant shall develop and 
        implement mechanisms to support the establishment of mature and 
        stable operational requirements for acquisitions under this 
        subchapter.
            ``(2) Mission analysis; affordability assessment.--The 
        Commandant may not initiate a Level 1 or Level 2 acquisition 
        project or program until the Commandant--
                    ``(A) completes a mission analysis that--
                            ``(i) identifies any gaps in capability; 
                        and
                            ``(ii) develops a clear mission need; and
                    ``(B) prepares a preliminary affordability 
                assessment for the project or program.
    ``(b) Elements.--
            ``(1) Requirements.--The mechanisms required by subsection 
        (a) shall ensure the implementation of a formal process for the 
        development of a mission-needs statement, concept-of-operations 
        document, capability development plan, and resource proposal 
        for the initial project or program funding, and shall ensure 
        the project or program is included in the Coast Guard Capital 
        Investment Plan.
            ``(2) Assessment of trade-offs.--In conducting an 
        affordability assessment under subsection (a)(2)(B), the 
        Commandant shall develop and implement mechanisms to ensure 
        that trade-offs among cost, schedule, and performance are 
        considered in the establishment of preliminary operational 
        requirements for development and production of new assets and 
        capabilities for Level 1 and Level 2 acquisitions projects and 
        programs.
    ``(c) Human Resource Capital Planning.--The Commandant shall 
develop staffing predictions, define human capital performance 
initiatives, and identify preliminary training needs for any such 
project or program.
    ``(d) DHS Acquisition Approval.--A Level 1 or Level 2 acquisition 
project or program may not be implemented unless it is approved by the 
Department of Homeland Security Acquisition Review Board or the Joint 
Review Board.
``Sec. 572. Acquisition
    ``(a) In General.--The Commandant may not establish a Level 1 or 
Level 2 acquisition project or program approved under section 571(d) 
until the Commandant--
            ``(1) clearly defines the operational requirements for the 
        project or program;
            ``(2) establishes the feasibility of alternatives;
            ``(3) develops an acquisition project or program baseline;
            ``(4) produces a life-cycle cost estimate; and
            ``(5) assesses the relative merits of alternatives to 
        determine a preferred solution in accordance with the 
        requirements of this section.
    ``(b) Analysis of Alternatives.--
            ``(1) In general.--The Commandant shall conduct an analysis 
        of alternatives for the asset or capability to be acquired in 
        an analyze and select phase of the acquisition process.
            ``(2) Requirements.--The analysis of alternatives 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 and has no substantial financial interest 
        in any part of the acquisition project or program that is the 
        subject of the analysis. At a minimum, the analysis of 
        alternatives shall include--
                    ``(A) an assessment of the technical maturity, and 
                technical and other risks;
                    ``(B) an examination of capability, 
                interoperability, and other disadvantages;
                    ``(C) an evaluation of whether different 
                combinations or quantities of specific assets or 
                capabilities could meet the Coast Guard's overall 
                performance needs;
                    ``(D) a discussion of key assumptions and 
                variables, and sensitivity to change in such 
                assumptions and variables;
                    ``(E) when an alternative is an existing asset or 
                prototype, an evaluation of relevant safety and 
                performance records and costs;
                    ``(F) a calculation of life-cycle costs including--
                            ``(i) an examination of likely research and 
                        development costs and the levels of uncertainty 
                        associated with such estimated costs;
                            ``(ii) an examination of likely production 
                        and deployment costs and levels of uncertainty 
                        associated with such estimated costs;
                            ``(iii) an examination of likely operating 
                        and support costs and the levels of uncertainty 
                        associated with such estimated costs;
                            ``(iv) if they are likely to be 
                        significant, an examination of likely disposal 
                        costs and the levels of uncertainty associated 
                        with such estimated costs; and
                            ``(v) such additional measures as the 
                        Commandant or the Secretary of Homeland 
                        Security determines to be necessary for 
                        appropriate evaluation of the asset; and
                    ``(G) the business case for each viable 
                alternative.
    ``(c) Test and Evaluation Master Plan.--
            ``(1) In general.--For any Level 1 or Level 2 acquisition 
        project or program the Chief Acquisition Officer shall approve 
        a test and evaluation master plan specific to the acquisition 
        project or program for the capability, asset, or subsystems of 
        the capability or asset and intended to minimize technical, 
        cost, and schedule risk as early as practicable in the 
        development of the project or program.
            ``(2) Test and evaluation strategy.--The master plan 
        shall--
                    ``(A) set forth an integrated test and evaluation 
                strategy that will verify that capability-level or 
                asset-level and subsystem-level design and development, 
                including performance and supportability, have been 
                sufficiently proven before the capability, asset, or 
                subsystem of the capability or asset is approved for 
                production; and
                    ``(B) require that adequate developmental tests and 
                evaluations and operational tests and evaluations 
                established under subparagraph (A) are performed to 
                inform production decisions.
            ``(3) Other components of the master plan.--At a minimum, 
        the master plan shall identify--
                    ``(A) the key performance parameters to be resolved 
                through the integrated test and evaluation strategy;
                    ``(B) critical operational issues to be assessed in 
                addition to the key performance parameters;
                    ``(C) specific development test and evaluation 
                phases and the scope of each phase;
                    ``(D) modeling and simulation activities to be 
                performed, if any, and the scope of such activities;
                    ``(E) early operational assessments to be 
                performed, if any, and the scope of such assessments;
                    ``(F) operational test and evaluation phases;
                    ``(G) an estimate of the resources, including 
                funds, that will be required for all test, evaluation, 
                assessment, modeling, and simulation activities; and
                    ``(H) the Government entity or independent entity 
                that will perform the test, evaluation, assessment, 
                modeling, and simulation activities.
            ``(4) Update.--The Chief Acquisition Officer shall approve 
        an updated master plan whenever there is a revision to project 
        or program test and evaluation strategy, scope, or phasing.
            ``(5) Limitation.--The Coast Guard may not--
                    ``(A) proceed beyond that phase of the acquisition 
                process that entails approving the supporting 
                acquisition of a capability or asset before the master 
                plan is approved by the Chief Acquisition Officer; or
                    ``(B) award any production contract for a 
                capability, asset, or subsystem for which a master plan 
                is required under this subsection before the master 
                plan is approved by the Chief Acquisition Officer.
    ``(d) Life-cycle cost estimates.--
            ``(1) In general.--The Commandant shall implement 
        mechanisms to ensure the development and regular updating of 
        life-cycle cost estimates for each Level 1 or Level 2 
        acquisition to ensure that these estimates are considered in 
        decisions to develop or produce new or enhanced capabilities 
        and assets.
            ``(2) Types of estimates.--In addition to life-cycle cost 
        estimates that may be developed by acquisition program offices, 
        the Commandant shall require that an independent life-cycle 
        cost estimate be developed for each Level 1 or Level 2 
        acquisition project or program.
            ``(3) Required updates.--For each Level 1 or Level 2 
        acquisition project or program the Commandant shall require 
        that life-cycle cost estimates shall be updated before each 
        milestone decision is concluded and the project or program 
        enters a new acquisition phase.
    ``(e) DHS Acquisition Approval.--A project or program may not enter 
the obtain phase under section 573 unless the Department of Homeland 
Security Acquisition Review Board or the Joint Review Board (or other 
entity to which such responsibility is delegated by the Secretary of 
Homeland Security) has approved the analysis of alternatives for the 
project. The Joint Review Board may also approve the low rates initial 
production quantity for the project or program if such an initial 
production quantity is planned by the acquisition project or program 
and deemed appropriate by the Joint Review Board.
``Sec. 573. Preliminary development and demonstration
    ``(a) In General.--The Commandant shall ensure that developmental 
test and evaluation, operational test and evaluation, life cycle cost 
estimates, and the development and demonstration requirements are met 
to confirm that the projects or programs meet the requirements 
described in the mission-needs statement and the operational-
requirements document and the following development and demonstration 
objectives:
            ``(1) To demonstrate that the most promising design, 
        manufacturing, and production solution is based upon a stable, 
        producible, and cost-effective product design.
            ``(2) To ensure that the product capabilities meet contract 
        specifications, acceptable operational performance 
        requirements, and system security requirements.
            ``(3) To ensure that the product design is mature enough to 
        commit to full production and deployment.
    ``(b) Tests and Evaluations.--
            ``(1) In general.--The Commandant shall ensure that the 
        Coast Guard conducts developmental tests and evaluations and 
        operational tests and evaluations of a capability or asset and 
        the subsystems of the capability or asset for which a master 
        plan has been prepared under section 572(c)(1).
            ``(2) Use of third parties.--The Commandant shall ensure 
        that the Coast Guard uses independent third parties with 
        expertise in testing and evaluating the capabilities or assets 
        and the subsystems of the capabilities or assets being acquired 
        to conduct developmental tests and evaluations and operational 
        tests and evaluations whenever the Coast Guard lacks the 
        capability to conduct the tests and evaluations required by a 
        master plan.
            ``(3) Communication of safety concerns.--The Commandant 
        shall require that safety concerns identified during 
        developmental or operational tests and evaluations or through 
        independent or Government-conducted design assessments of 
        capabilities or assets and subsystems of capabilities or assets 
        to be acquired by the Coast Guard shall be communicated as soon 
        as practicable, but not later than 30 days after the completion 
        of the test or assessment event or activity that identified the 
        safety concern, to the program manager for the capability or 
        asset and the subsystems concerned and to the Chief Acquisition 
        Officer.
            ``(4) 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 
        subsystems of the capability or asset not previously identified 
        during developmental or operational test and evaluation, the 
        Commandant shall--
                    ``(A) notify the program manager and the Chief 
                Acquisition Officer of the safety concern as soon as 
                practicable, but not later than 30 days after the 
                completion of the test and evaluation event or activity 
                that identified the safety concern; and
                    ``(B) notify the Chief Acquisition Officer and 
                include in such notification--
                            ``(i) an explanation of the actions that 
                        will be taken to correct or mitigate the safety 
                        concern in all capabilities or assets and 
                        subsystems of the capabilities or assets yet to 
                        be produced, and the date by which those 
                        actions will be taken;
                            ``(ii) an explanation of the actions that 
                        will be taken to correct or mitigate the safety 
                        concern in previously produced capabilities or 
                        assets and subsystems of the capabilities or 
                        assets, and the date by which those actions 
                        will be taken; and
                            ``(iii) an assessment of the adequacy of 
                        current funding to correct or mitigate the 
                        safety concern in capabilities or assets and 
                        subsystems of the capabilities or assets and in 
                        previously produced capabilities or assets and 
                        subsystems.
    ``(c) Technical Certification.--
            ``(1) In general.--The Commandant shall ensure that any 
        Level 1 or Level 2 acquisition project or program is certified 
        by the technical authority of the Coast Guard after review by 
        an independent third party with capabilities in the mission 
        area, asset, or particular asset component.
            ``(2) TEMPEST testing.--The Commandant shall--
                    ``(A) cause all electronics on all aircraft, 
                surface, and shore assets that require TEMPEST 
                certification and that are delivered after the date of 
                enactment of the Coast Guard Authorization Act for 
                Fiscal Years 2010 and 2011 to be tested in accordance 
                with master plan standards and communications security 
                standards by an independent third party that is 
                authorized by the Federal Government to perform such 
                testing; and
                    ``(B) certify that the assets meet all applicable 
                TEMPEST requirements.
            ``(3) Vessel classification.--The Commandant shall cause 
        each cutter, other than the National Security Cutter, acquired 
        by the Coast Guard and delivered after the date of enactment of 
        the Coast Guard Authorization Act for Fiscal Years 2010 and 
        2011 is to be classed by the American Bureau of Shipping before 
        final acceptance.
    ``(d) Acquisition Decision.--The Commandant may not proceed to full 
scale production, deployment, and support of a Level 1 or Level 2 
acquisition project or program unless the Department of Homeland 
Security Acquisition Review Board has verified that the delivered asset 
or system meets the project or program performance and cost goals.
``Sec. 574. Acquisition, production, deployment, and support
    ``(a) In General.--The Commandant shall--
            ``(1) ensure there is a stable and efficient production and 
        support capability to develop an asset or system;
            ``(2) conduct follow on testing to confirm and monitor 
        performance and correct deficiencies; and
            ``(3) conduct acceptance tests and trails upon the delivery 
        of each asset or system to ensure the delivered asset or system 
        achieves full operational capability.
    ``(b) Elements.--The Commandant shall--
            ``(1) execute the productions contracts;
            ``(2) ensure the delivered products meet operational cost 
        and schedules requirements established in the acquisition 
        program baseline;
            ``(3) validate manpower and training requirements to meet 
        system needs to operate, maintain, support, and instruct the 
        system; and
            ``(4) prepare a project or program transition plan to enter 
        into programmatic sustainment, operations, and support.
``Sec. 575. Acquisition program baseline breach
    ``(a) In General.--The Commandant shall submit a report to the 
appropriate congressional committees as soon as possible, but not later 
than 30 days, after the Chief Acquisition Officer of the Coast Guard 
becomes aware of the breach of an acquisition program baseline for any 
Level 1 or Level 2 acquisition program, by--
            ``(1) a likely cost overrun greater than 15 percent of the 
        acquisition program baseline for that individual capability or 
        asset or a class of capabilities or assets;
            ``(2) a likely delay of more than 180 days in the delivery 
        schedule for any individual capability or asset or class of 
        capabilities or assets; or
            ``(3) an anticipated failure for any individual capability 
        or asset or class of capabilities or assets to satisfy any key 
        performance threshold or parameter under the acquisition 
        program baseline.
    ``(b) Content.--The report submitted under subsection (a) shall 
include--
            ``(1) a detailed description of the breach and an 
        explanation of its cause;
            ``(2) the projected impact to performance, cost, and 
        schedule;
            ``(3) an updated acquisition program baseline and the 
        complete history of changes to the original acquisition program 
        baseline;
            ``(4) the updated acquisition schedule and the complete 
        history of changes to the original schedule;
            ``(5) a full life-cycle cost analysis for the capability or 
        asset or class of capabilities or assets;
            ``(6) a remediation plan identifying corrective actions and 
        any resulting issues or risks; and
            ``(7) a description of how progress in the remediation plan 
        will be measured and monitored.
    ``(c) Substantial Variances in Costs or Schedule.--If a likely cost 
overrun is greater than 25 percent or a likely delay is greater than 12 
months from the costs and schedule described in the acquisition program 
baseline for any Level 1 or Level 2 acquisition project or program of 
the Coast Guard, the Commandant shall include in the report a written 
certification, with a supporting explanation, that--
            ``(1) the capability or asset or capability or asset class 
        to be acquired under the project or program is essential to the 
        accomplishment of Coast Guard missions;
            ``(2) there are no alternatives to such capability or asset 
        or capability or asset class 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.

                      ``Subchapter 3--Definitions

``Sec. 581. Definitions
    ``In this chapter:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the House of 
        Representatives Committee on Transportation and Infrastructure 
        and the Senate Committee on Commerce, Science, and 
        Transportation.
            ``(2) Chief acquisition officer.--The term `Chief 
        Acquisition Officer' means the officer appointed under section 
        55 of this title.
            ``(3) Commandant.--The term `Commandant' means the 
        Commandant of the Coast Guard.
            ``(4) Joint review board.--The term `Joint Review Board' 
        means the Department of Homeland Security's Investment Review 
        Board, Joint Requirements Council, or other entity within the 
        Department designated by the Secretary as the Joint Review 
        Board for purposes of this chapter.
            ``(5) 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.
            ``(6) 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.
            ``(7) 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.
            ``(8) Safety concern.--The term `safety concern' means any 
        hazard associated with a capability or asset or a subsystem of 
        a capability or asset that is likely to cause serious bodily 
        injury or death to a typical Coast Guard user in testing, 
        maintaining, repairing, or operating the capability, asset, or 
        subsystem or any hazard associated with the capability, asset, 
        or subsystem that is likely to cause major damage to the 
        capability, asset, or subsystem during the course of its normal 
        operation by a typical Coast Guard user.''.
    (b) Conforming Amendment.--The part analysis for part I of title 
14, United States Code, is amended by inserting after the item relating 
to chapter 13 the following:

``15. Acquisitions 
                            ......................................................
                            ......................561''.

SEC. 503. REPORT AND GUIDANCE ON EXCESS PASS-THROUGH CHARGES.

    (a) Comptroller General Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Comptroller General shall issue a 
        report on pass-through charges on contracts, subcontracts, 
        delivery orders, and task orders that were executed by a lead 
        systems integrator under contract to the Coast Guard during the 
        3 full calendar years preceding the date of enactment of this 
        Act.
            (2) Matters covered.--The report under this subsection--
                    (A) shall assess the extent to which the Coast 
                Guard paid excessive pass-through charges to 
                contractors or subcontractors that provided little or 
                no value to the performance of a contract or the 
                production of a procured asset; and
                    (B) shall assess the extent to which the Coast 
                Guard has been particularly vulnerable to excessive 
                pass-through charges on any specific category of 
                contracts or by any specific category of contractors.
    (b) Guidance Required.--
            (1) In General.--Not later than 180 days after the date of 
        enactment of this Act, the Commandant shall prescribe guidance 
        to ensure that pass-through charges on contracts, subcontracts, 
        delivery orders, and task orders that are executed 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--
                    (A) set forth clear standards for determining when 
                no, or negligible, value has been added to a contract 
                by a contractor or subcontractor;
                    (B) set forth procedures for preventing the payment 
                by the Government of excessive pass-through charges; 
                and
                    (C) identify any exceptions determined by the 
                Commandant to be in the best interest of the 
                Government.
            (2) Scope of guidance.--The guidance prescribed under this 
        subsection--
                    (A) shall not apply to any firm, fixed-price 
                contract or subcontract, delivery order, or task order 
                that is--
                            (i) awarded on the basis of adequate price 
                        competition, as determined by the Commandant; 
                        or
                            (ii) for the acquisition of a commercial 
                        item, as defined in section 4(12) of the Office 
                        of Federal Procurement Policy Act (41 U.S.C. 
                        403(12)); and
                    (B) may include such additional exceptions as the 
                Commandant determines to be necessary in the interest 
                of the United States.
    (c) 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.
    (d) Application of Guidance.--The guidance prescribed under this 
section shall apply to contracts awarded to a private entity acting as 
a lead systems integrator by or on behalf of the Coast Guard on or 
after the date that is 360 days after the date of enactment of this 
Act.

                   TITLE VI--SHIPPING AND NAVIGATION

SEC. 601. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, UNITED 
              STATES CODE.

    (a) In General.--Chapter 313 of title 46, United States Code, is 
amended--
            (1) by striking ``of Transportation'' in sections 31302, 
        31306, 31321, 31330, and 31343 each place it appears;
            (2) by striking ``and'' after the semicolon in section 
        31301(5)(F);
            (3) by striking ``office.'' in section 31301(6) and 
        inserting ``office; and''; and
            (4) by adding at the end of section 31301 the following:
            ``(7) `Secretary' means the Secretary of the Department of 
        Homeland Security, unless otherwise noted.''.
    (b) Secretary as Mortgagee.--Section 31308 of such title is amended 
by striking ``When the Secretary of Commerce or Transportation is a 
mortgagee under this chapter, the Secretary'' and inserting ``The 
Secretary of Commerce or Transportation, as a mortgagee under this 
chapter,''.
    (c) Secretary of Transportation.--Section 31329(d) of such title is 
amended by striking ``Secretary.'' and inserting ``Secretary of 
Transportation.''.
    (d) Mortgagee.--
            (1) Section 31330(a)(1) of such title, as amended by 
        subsection (a)(1) of this section, is amended--
                    (A) by inserting ``or'' after the semicolon in 
                subparagraph (B);
                    (B) by striking ``Secretary; or'' in subparagraph 
                (C) and inserting ``Secretary.''; and
                    (C) by striking subparagraph (D).
            (2) Section 31330(a)(2) is amended--
                    (A) by inserting ``or'' after the semicolon in 
                subparagraph (B);
                    (B) by striking ``faith; or'' in subparagraph (C) 
                and inserting ``faith.''; and
                    (C) by striking subparagraph (D).

SEC. 602. CLARIFICATION OF RULEMAKING AUTHORITY.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 70122. Regulations
    ``Unless otherwise provided, the Secretary may issue regulations 
necessary to implement this chapter.''.
    (b) Clerical Amendment.--The table of contents for chapter 701 of 
such title is amended by adding at the end the following new item:

``70122. Regulations.''.

SEC. 603. COAST GUARD TO MAINTAIN LORAN-C NAVIGATION SYSTEM.

     (a) In General.--The Secretary of Transportation shall maintain 
the LORAN-C navigation system until such time as the Secretary is 
authorized by statute, explicitly referencing this section, to cease 
operating the system but expedite modernization projects necessary for 
transition to eLORAN technology.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation, in addition to funds 
authorized under section 101 of this Act for the Coast Guard for 
operation of the LORAN-C system and for the transition to eLORAN, for 
capital expenses related to the LORAN-C infrastructure and to modernize 
and upgrade the LORAN infrastructure to provide eLORAN services, 
$37,000,000 for each of fiscal years 2010 and 2011. The Secretary of 
Transportation may transfer from the Federal Aviation Administration 
and other agencies of the Department of Transportation such funds as 
may be necessary to reimburse the Coast Guard for related expenses.
    (c) Report on Transition to eLORAN  Technology.--No later than 6 
months after the date of enactment of this Act, the Secretary of 
Transportation, in cooperation with the Secretary of the Department in 
which the Coast Guard is operating, shall provide a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infrastructure a 
detailed 5-year plan for transition to eLORAN technology that 
includes--
            (1) the timetable, milestones, projects, and future funding 
        required to complete the transition from LORAN-C to eLORAN 
        technology for provision of positioning, navigation, and timing 
        services; and
            (2) the benefits of eLORAN for national transportation 
        safety, security, and economic growth.

SEC. 604. ICEBREAKERS.

    (a) 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 polar ice-breaking mission requirements, which ever 
occurs later, the Commandant of the Coast Guard shall--
            (1) conduct a comparative cost-benefit analysis of--
                    (A) rebuilding, renovating, or improving the 
                existing fleet of polar icebreakers for operation by 
                the Coast Guard,
                    (B) constructing new polar icebreakers for 
                operation by the Coast Guard, and
                    (C) any combination of the activities described in 
                subparagraphs (A) and (B), to carry out the missions of 
                the Coast Guard; and
            (2) conduct an analysis of the impact on mission capacity 
        and the ability of the United States to maintain a presence in 
        the polar regions through the year 2020 if recapitalization of 
        the polar icebreaker fleet, either by constructing new polar 
        icebreakers or rebuilding, renovating, or improving the 
        existing fleet of polar icebreakers, is not fully funded.
    (b) Reports to Congress.--
            (1) Not later than 90 days after the date of enactment of 
        this Act or the date of completion of the ongoing High Latitude 
        Study to assess polar 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.
            (2) 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 paragraphs (1) and (2) 
        of subsection (a), 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.

SEC. 605. 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 Coast Guard 
                Authorization Act for Fiscal Years 2010 and 2011 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 council.--The North 
        Pacific 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 Council) established under section 302(a) 
                of the Magnuson-Stevens Act.
                    ``(B) Covered vessels.--A covered vessel referred 
                to in subparagraph (A) is--
                            ``(i) a vessel eligible under subsection 
                        (a), (b), or (c) that is replaced under 
                        paragraph (1); or
                            ``(ii) a vessel eligible under subsection 
                        (a), (b), or (c) that is rebuilt to increase 
                        its registered length, gross tonnage, or shaft 
                        horsepower.
            ``(5) Limitation on fishery endorsements.--Any vessel that 
        is replaced under this subsection shall thereafter not be 
        eligible for a fishery endorsement under section 12113 of title 
        46, United States Code, unless that vessel is also a 
        replacement vessel described in paragraph (1).
            ``(6) Gulf of alaska limitation.--Notwithstanding paragraph 
        (1), the Secretary shall prohibit from participation in the 
        groundfish fisheries of the Gulf of Alaska any vessel that is 
        rebuilt or replaced under this subsection and that exceeds the 
        maximum length overall specified on the license that authorizes 
        fishing for groundfish pursuant to the license limitation 
        program under part 679 of title 50, Code of Federal 
        Regulations, as in effect on the date of enactment of the Coast 
        Guard Authorization Act for Fiscal Years 2010 and 2011.
            ``(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 Coast Guard Authorization Act 
                        of 2008; 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. 606. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

    Section 705 of the Security and Accountability for Every Port Act 
of 2006 (Public Law 109-347; 120 Stat. 1945) is amended to read as 
follows:

``SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

    ``(a) In General.--Notwithstanding section 12111(d) of title 46, 
United States Code, a foreign-flag vessel 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) until December 31, 2012, if the Secretary of 
        Transportation 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 2-year period beginning January 1, 
        2013, if the Secretary of Transportation determines--
                    ``(A) that, as of December 31, 2012, the lessee has 
                entered into a binding agreement to employ a suitable 
                vessel or vessels to be documented under such section 
                12111(d) 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 
                such section 12111(d) 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) Lessee Defined.--In this section, the term `lessee' means the 
holder of a lease (defined in section 2(c) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331(c)), who 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.
    ``(c) Rule of Construction.--Nothing in subsection (a) shall be 
construed to authorize employment in the coastwise trade of a vessel 
that does not meet the requirements set forth in section 12112 of title 
46, United States Code.''.

                      TITLE VII--VESSEL CONVEYANCE

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Vessel Conveyance Act''.

SEC. 702. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.

    (a) In General.--Whenever the transfer of ownership of a Coast 
Guard vessel to an eligible entity for use for educational, cultural, 
historical, charitable, recreational, or other public purposes is 
authorized by law, the Coast Guard shall transfer the vessel to the 
General Services Administration for conveyance to the eligible entity.
    (b) Conditions of Conveyance.--The General Services Administration 
may not convey a vessel to an eligible entity as authorized by law 
unless the eligible entity agrees--
            (1) to provide the documentation needed by the General 
        Services Administration to process a request for aircraft or 
        vessels under section 102.37.225 of title 41, Code of Federal 
        Regulations;
            (2) to comply with the special terms, conditions, and 
        restrictions imposed on aircraft and vessels under section 102-
        37.460 of such title;
            (3) to make the vessel available to the United States 
        Government if it is needed for use by the Commandant of the 
        Coast Guard in time of war or a national emergency; and
            (4) to hold the United States Government harmless for any 
        claims arising from exposure to hazardous materials, including 
        asbestos and polychlorinated biphenyls, after conveyance of the 
        vessel, except for claims arising from use of the vessel by the 
        United States Government under paragraph (3).
    (c) Eligible Entity Defined.--In this section, the term ``eligible 
entity'' means a State or local government, nonprofit corporation, 
educational agency, community development organization, or other entity 
that agrees to comply with the conditions established under this 
section.

                  TITLE VIII--OIL POLLUTION PREVENTION

SEC. 801. RULEMAKINGS.

    (a) Status Report.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall provide a report to 
        the Senate Committee on Commerce, Science, and Transportation 
        and the House of Representatives Committee on Transportation 
        and Infrastructure on the status of all Coast Guard rulemakings 
        required (but for which no final rule has been issued as of the 
        date of enactment of this Act) under section 311 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1321).
            (2) Information required.--The Secretary shall include in 
        the report required in paragraph (1)--
                    (A) a detailed explanation with respect to each 
                such rulemaking as to--
                            (i) what steps have been completed;
                            (ii) what areas remain to be addressed; and
                            (iii) the cause of any delays; and
                    (B) the date by which a final rule may reasonably 
                be expected to be issued.
    (b) Final Rules.--The Secretary shall issue a final rule in each 
pending rulemaking described in subsection (a) as soon as practicable, 
but in no event later than 18 months after the date of enactment of 
this Act.
    (c) Towing vessels.--No later than 1 year after the date of 
enactment of this Act, the Secretary shall issue a notice of proposed 
rulemaking regarding inspection requirements for towing vessels 
required under section 3306(j) of title 46, United States Code. The 
Secretary shall issue a final rule pursuant to that rulemaking no later 
than 2 years after the date of enactment of this Act.

SEC. 802. OIL SPILL RESPONSE CAPABILITY.

    (a) Reduction of Oil Spill Risk in Buzzards Bay.--Section 8502(g) 
of title 46, United States Code, is amended by adding at the end 
thereof the following:
    ``(3) In any area of Buzzards Bay, Massachusetts, where a single-
hull tank vessel carrying 5,000 or more barrels of oil or other 
hazardous material is required to be under the direction and control of 
a pilot licensed under section 7101 of this title, the pilot may not be 
a member of the crew of that vessel and shall be a pilot licensed by 
the Commonwealth of Massachusetts who is operating under a Federal 
license.''.
    (b) Reporting.--The Secretary shall transmit an annual report to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Resources on the extent to which 
tank vessels in Buzzards Bay, Massachusetts, are using routes 
recommended by the Coast Guard.

SEC. 803. OIL TRANSFERS FROM VESSELS.

    (a) Regulations.--Within 1 year after the date of enactment of this 
Act, the Secretary shall promulgate regulations to reduce the risks of 
oil spills in operations involving the transfer of oil from or to a 
tank vessel. The regulations--
            (1) shall focus on operations that have the highest risks 
        of discharge, including operations at night and in inclement 
        weather;
            (2) shall consider--
                    (A) requirements for the use of equipment, such as 
                putting booms in place for transfers, safety, and 
                environmental impacts;
                    (B) operational procedures such as manning 
                standards, communications protocols, and restrictions 
                on operations in high-risk areas; or
                    (C) both such requirements and operational 
                procedures; and
            (3) shall take into account the safety of personnel and 
        effectiveness of available procedures and equipment for 
        preventing or mitigating transfer spills.
    (b) Application with  State Laws.--The regulations promulgated 
under subsection (a) do not preclude the enforcement of any State law 
or regulation the requirements of which are at least as stringent as 
requirements under the regulations (as determined by the Secretary) 
that--
            (1) applies in State waters;
            (2) does not conflict with, or interfere with the 
        enforcement of, requirements and operational procedures under 
        the regulations; and
            (3) has been enacted or promulgated before the date of 
        enactment of this Act.

SEC. 804. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR MISS INCIDENTS.

    (a) Report.--Within 1 year after the date of enactment of this Act, 
the Secretary shall transmit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House Committee on 
Transportation and Infrastructure that, using available data--
            (1) identifies the types of human errors that, combined, 
        account for over 50 percent of all oils spills involving 
        vessels that have been caused by human error in the past 10 
        years;
            (2) identifies the most frequent types of near-miss oil 
        spill incidents involving vessels such as collisions, 
        allisions, groundings, and loss of propulsion in the past 10 
        years;
            (3) describes the extent to which there are gaps in the 
        data with respect to the information required under paragraphs 
        (1) and (2) and explains the reason for those gaps; and
            (4) includes recommendations by the Secretary to address 
        the identified types of errors and incidents to address any 
        such gaps in the data.
    (b) Measures.--Based on the findings contained in the report 
required by subsection (a), the Secretary shall take appropriate 
action, both domestically and at the International Maritime 
Organization, to reduce the risk of oil spills caused by human error.
    (c) Confidentiality of Voluntarily Submitted Information.--The 
identity of a person making a voluntary disclosure under this section, 
and any information obtained from any such voluntary disclosure, shall 
be treated as confidential.
    (d) Discovery of Voluntarily Submitted Information.--
            (1) In general.--Except as provided in this subsection, a 
        party in a judicial proceeding may not use discovery to obtain 
        information or data collected or received by the Secretary for 
        use in the report required in subsection (a).
            (2) Exception.--
                    (A) Notwithstanding paragraph (1), a court may 
                allow discovery by a party in a judicial proceeding of 
                information or data described in paragraph (1) if, 
                after an in camera review of the information or data, 
                the court decides that allowing such discovery is 
                necessary to provide the party with sufficient 
                information for the party to receive a fair trial.
                    (B) When a court allows discovery in a judicial 
                proceeding as permitted under this paragraph, the court 
                shall issue a protective order--
                            (i) to limit the use of the information or 
                        data to the judicial proceeding; and
                            (ii) to prohibit dissemination of the 
                        information or data to any person who does not 
                        need access to the information or data for the 
                        proceeding.
                    (C) A court may allow information or data it has 
                decided is discoverable under this paragraph to be 
                admitted into evidence in a judicial proceeding only if 
                the court places the information or data under seal to 
                prevent the use of the information or data for a 
                purpose other than for the proceeding.
            (3) Application.--Paragraph (1) shall not apply to--
                    (A) any disclosure made with actual knowledge that 
                the disclosure was false, inaccurate, or misleading; or
                    (B) any disclosure made with reckless disregard as 
                to the truth or falsity of that disclosure.

SEC. 805. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

    (a) Olympic Coast National Marine Sanctuary Area To Be Avoided.--
The Secretary of the Department in which the Coast Guard is operating 
and the Under Secretary of Commerce for Oceans and Atmosphere shall 
revise the area to be avoided off the coast of the State of Washington 
so that restrictions apply to all vessels required to prepare a 
response plan pursuant to section 311(j) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)) (other than fishing or research vessels 
while engaged in fishing or research within the area to be avoided).
    (b) Emergency Oil Spill Drill.--
            (1) In general.--In cooperation with the Secretary of the 
        Department in which the Coast Guard is operating, the Under 
        Secretary of Commerce for Oceans and Atmosphere shall conduct a 
        Safe Seas oil spill drill in the Olympic Coast National Marine 
        Sanctuary in fiscal year 2010. The Secretary of the Department 
        in which the Coast Guard is operating and the Under Secretary 
        of Commerce for Oceans and Atmosphere jointly shall coordinate 
        with other Federal agencies, State, local, and tribal 
        governmental entities, and other appropriate entities, in 
        conducting this drill.
            (2) Other required drills.--Nothing in this subsection 
        supersedes any Coast Guard requirement for conducting emergency 
        oil spill drills in the Olympic Coast National Marine 
        Sanctuary. The Secretary of the Department in which the Coast 
        Guard is operating shall consider conducting regular field 
        exercises, such as National Preparedness for Response Exercise 
        Program in other national marine sanctuaries.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Under Secretary of Commerce for 
        Oceans and Atmosphere for fiscal year 2010 $700,000 to carry 
        out this subsection.

SEC. 806. PREVENTION OF SMALL OIL SPILLS.

    (a) In General.--The Under Secretary of Commerce for Oceans and 
Atmosphere, in consultation with the Secretary of the Department in 
which the Coast Guard is operating and other appropriate agencies, 
shall establish an oil spill prevention and education program for small 
vessels. The program shall provide for assessment, outreach, and 
training and voluntary compliance activities to prevent and improve the 
effective response to oil spills from vessels and facilities not 
required to prepare a vessel response plan under the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), including recreational 
vessels, commercial fishing vessels, marinas, and aquaculture 
facilities. The Under Secretary may provide grants to sea grant 
colleges and institutes designated under section 207 of the National 
Sea Grant College Program Act (33 U.S.C. 1126) and to State agencies, 
tribal governments, and other appropriate entities to carry out--
            (1) regional assessments to quantify the source, incidence 
        and volume of small oil spills, focusing initially on regions 
        in the country where, in the past 10 years, the incidence of 
        such spills is estimated to be the highest;
            (2) voluntary, incentive-based clean marina programs that 
        encourage marina operators, recreational boaters, and small 
        commercial vessel operators to engage in environmentally sound 
        operating and maintenance procedures and best management 
        practices to prevent or reduce pollution from oil spills and 
        other sources;
            (3) cooperative oil spill prevention education programs 
        that promote public understanding of the impacts of spilled oil 
        and provide useful information and techniques to minimize 
        pollution, including methods to remove oil and reduce oil 
        contamination of bilge water, prevent accidental spills during 
        maintenance and refueling and properly cleanup and dispose of 
        oil and hazardous substances; and
            (4) support for programs, including outreach and education 
        to address derelict vessels and the threat of such vessels 
        sinking and discharging oil and other hazardous substances, 
        including outreach and education to involve efforts to the 
        owners of such vessels.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Commerce for Oceans and 
Atmosphere to carry out this section, $10,000,000 for each of fiscal 
years 2010 through 2014.

SEC. 807. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

    (a) In General.--Within 6 months after the date of enactment of 
this Act, the Secretary of the Department in which the Coast Guard is 
operating shall complete the development of a tribal consultation 
policy, which recognizes and protects to the maximum extent practicable 
tribal treaty rights and trust assets in order to improve the Coast 
Guard's consultation and coordination with the tribal governments of 
federally recognized Indian tribes with respect to oil spill 
prevention, preparedness, response and natural resource damage 
assessment.
    (b) Inclusion of Tribal Government.--The Secretary of the 
Department in which the Coast Guard is operating shall ensure that, as 
soon as practicable after identifying an oil spill that is likely to 
have a significant impact on natural or cultural resources owned or 
directly utilized by a federally recognized Indian tribe, the Coast 
Guard will--
            (1) ensure that representatives of the tribal government of 
        the affected tribes are included as part of the incident 
        command system established by the Coast Guard to respond to the 
        spill;
            (2) share information about the oil spill with the tribal 
        government of the affected tribe; and
            (3) to the extent practicable, involve tribal governments 
        in deciding how to respond to such spill.
    (c) Cooperative Arrangements.--The Coast Guard may enter into 
memoranda of agreement and associated protocols with Indian tribal 
governments in order to establish cooperative arrangements for oil 
pollution prevention, preparedness, and response. Such memoranda may be 
entered into prior to the development of the tribal consultation and 
coordination policy to provide Indian tribes grant and contract 
assistance. Such memoranda of agreement and associated protocols with 
Indian tribal governments may include--
            (1) arrangements for the assistance of the tribal 
        government to participate in the development of the National 
        Contingency Plan and local Area Contingency Plans to the extent 
        they affect tribal lands, cultural and natural resources;
            (2) arrangements for the assistance of the tribal 
        government to develop the capacity to implement the National 
        Contingency Plan and local Area Contingency Plans to the extent 
        they affect tribal lands, cultural and natural resources;
            (3) provisions on coordination in the event of a spill, 
        including agreements that representatives of the tribal 
        government will be included as part of the regional response 
        team co-chaired by the Coast Guard and the Environmental 
        Protection Agency to establish policies for responding to oil 
        spills;
            (4) arrangements for the Coast Guard to provide training of 
        tribal incident commanders and spill responders for oil spill 
        preparedness and response;
            (5) demonstration projects to assist tribal governments in 
        building the capacity to protect tribal treaty rights and trust 
        assets from oil spills; and
            (6) such additional measures the Coast Guard determines to 
        be necessary for oil pollution prevention, preparedness, and 
        response.
    (d) Funding for Tribal Participation.--Subject to the availability 
of appropriations, the Commandant of the Coast Guard shall provide 
assistance to participating tribal governments in order to facilitate 
the implementation of cooperative arrangements under subsection (c) and 
ensure the participation of tribal governments in such arrangements. 
There are authorized to be appropriated to the Commandant $500,000 for 
each of fiscal years 2010 through 2014 to be used to carry out this 
section.

SEC. 808. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS OF 
              OIL.

    Within 1 year after the date of enactment of this Act, the 
Secretary of the Department in which the Coast Guard is operating shall 
submit a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Energy and 
Commerce on the availability, feasibility, and potential cost of 
technology to detect the loss of oil carried as cargo or as fuel on 
tank and non-tank vessels greater than 400 gross tons.

SEC. 809. USE OF OIL SPILL LIABILITY TRUST FUND.

    (a) In General.--Section 1012(a)(5) of the Oil Pollution Act of 
1990 (33 U.S.C. 2712(a)(5)) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) not more than $15,000,000 in each fiscal year 
                shall be available to the Under Secretary of Commerce 
                for Oceans and Atmosphere for expenses incurred by, and 
                activities related to, response and damage assessment 
                capabilities of the National Oceanic and Atmospheric 
                Administration;''.
    (b) Audits; Annual Reports.--Section 1012 of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712) is amended--
            (1) by striking subsection (g) and inserting the following:
    ``(g) Audits.--
            `` `(1) In general.--The Comptroller General of the United 
        States shall conduct an audit, including a detailed accounting 
        of each disbursement from the Fund in excess of $500,000 that 
        is--
                    ``(A) disbursed by the National Pollution Fund 
                Center; and
                    ``(B) administered and managed by the receiving 
                Federal agencies, including final payments made to 
                agencies and contractors and, to the extent possible, 
                subcontractors.
            ``(2) Frequency.--The audits shall be conducted--
                    ``(A) at least once every 3 years after the date of 
                enactment of the Coast Guard Authorization Act for 
                Fiscal Years 2010 and 2011 until 2016; and
                    ``(B) at least once every 5 years after the last 
                audit conducted under subparagraph (A).
            ``(3) Submission of results.--The Comptroller shall submit 
        the results of each audit conducted under paragraph (1) to--
                    ``(A) the Senate Committee on Commerce, Science, 
                and Transportation;
                    ``(B) the House of Representatives Committee on 
                Transportation and Infrastructure; and
                    ``(C) the Secretary or Administrator of each agency 
                referred to in paragraph (1)(B).''; and
            (2) by adding at the end thereof the following:
    ``(h) Reports.--
            ``(1) In general.--Within one year after the date of 
        enactment of the Coast Guard Authorization Act for Fiscal Years 
        2010 and 2011, and annually thereafter, the President, through 
        the Secretary of the Department in which the Coast Guard is 
        operating, shall--
                    ``(A) provide a report on disbursements for the 
                preceding fiscal year from the Fund, regardless of 
                whether those disbursements were subject to annual 
                appropriations, to--
                            ``(i) the Senate Committee on Commerce, 
                        Science, and Transportation; and
                            ``(ii) the House of Representatives 
                        Committee on Transportation and Infrastructure: 
                        and
                    ``(B) make the report available to the public on 
                the National Pollution Funds Center Internet website.
            ``(2) Contents.--The report shall include--
                    ``(A) a list of each disbursement of $250,000 or 
                more from the Fund during the preceding fiscal year; 
                and
                    ``(B) a description of how each such use of the 
                Fund meets the requirements of subsection (a).
            ``(3) Agency recordkeeping.--Each Federal agency that 
        receives amounts from the Fund shall maintain records 
        describing the purposes for which such funds were obligated or 
        expended in such detail as the Secretary may require for 
        purposes of the report required under paragraph (1).
    ``(i) Authorizations.--There are authorized to be appropriated such 
sums as may be necessary to carry out subsections (g) and (h).''.

SEC. 810. INTERNATIONAL EFFORTS ON ENFORCEMENT.

    The Secretary, in consultation with the heads of other appropriate 
Federal agencies, shall ensure that the Coast Guard pursues stronger 
enforcement in the International Maritime Organization of agreements 
related to oil discharges, including joint enforcement operations, 
training, and stronger compliance mechanisms.

SEC. 811. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.

    (a) In General.--Within 30 days after the date of enactment of this 
Act, notwithstanding subchapter 5 of title 5, United States Code, the 
Commandant shall modify the definition of the term ``higher volume port 
area'' in section 155.1020 of the Coast Guard regulations (33 C.F.R. 
155.1020) by striking ``Port Angeles, WA'' in paragraph (13) of that 
section and inserting ``Cape Flattery, WA'' without initiating a 
rulemaking proceeding.
    (b) Emergency Response Plan Reviews.--Within 5 years after the date 
of enactment of this Act, the Coast Guard shall complete its review of 
any changes to emergency response plans under the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.) resulting from the 
modification of the higher volume port area definition required by 
subsection (a).

SEC. 812. TUG ESCORTS FOR LADEN OIL TANKERS.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Secretary of State, in consultation with the Commandant, shall 
enter into negotiations with the Government of Canada to ensure that 
tugboat escorts are required for all tank ships with a capacity over 
40,000 deadweight tons in the Strait of Juan de Fuca, Strait of 
Georgia, and in Haro Strait. The Commandant shall consult with the 
State of Washington and affected tribal governments during negotiations 
with the Government of Canada.
    (b) Dual Tug Escorts.--Within 1 year after the date of enactment of 
this Act, the Secretary of the department in which the Coast Guard is 
operating shall transmit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure on the costs and benefits to 
require escort, by at least two towing vessels, for vessels over 5,000 
gross tons transporting oil in bulk in Rosario Strait and Puget Sound, 
Washington (including those portions of the Strait of Juan de Fuca east 
of Port Angeles, Haro Strait, and the Strait of Georgia subject to 
United States jurisdiction).

SEC. 813. EXTENSION OF FINANCIAL RESPONSIBILITY.

    Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2716(a)) is amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (1);
            (2) by inserting ``or'' after the semicolon in paragraph 
        (2); and
            (3) by inserting after paragraph (2) the following:
            ``(3) any tank vessel over 100 gross tons (except a non-
        self-propelled vessel that does not carry oil as cargo) using 
        any place subject to the jurisdiction of the United States;''.

SEC. 814. OIL SPILL LIABILITY TRUST FUND INVESTMENT AMOUNT.

    Within 30 days after the date of enactment of this Act, the 
Secretary of the Treasury shall increase the amount invested in income 
producing securities under section 5006(b) of the Oil Pollution Act of 
1990 (33 U.S.C. 2736(b)) by $12,851,340.

SEC. 815. LIABILITY FOR USE OF SINGLE-HULL VESSELS.

    Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 
2701(32)(A)) is amended by inserting ``In the case of a vessel, the 
term `responsible party' also includes the owner of oil being 
transported in a tank vessel with a single hull after December 31, 2010 
(other than a vessel described in section 3703a(b)(3) of title 46, 
United States Code).'' after ``vessel.''.

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. HOMEPORTING OF THE BIGELOW.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Administrator of the National Oceanic and Atmospheric 
Administration shall submit a progress report to the Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Natural Resources, on the Administration's 
determination of a homeport for the FSV HENRY B BIGELOW.
    (b) Factors Considered.--In making its decision, the Administration 
shall give special consideration to--
            (1) the use of existing agency-owned infrastructure;
            (2) the proximity of the proposed homeport to Federal 
        research facilities and programs that directly benefit from the 
        vessel's research, including the Administration's Northeast 
        Fisheries Science Center;
            (3) the proximity of the proposed homeport to non-federal 
        fisheries research partners and vessel and equipment repair and 
        support infrastructure;
            (4) the prior homeport location of the FSV ALBATROSS, which 
        the FSV HENRY B BIGELOW is replacing; and
            (5) the historical and cultural significance of having a 
        Federal fisheries research vessel presence in Woods Hole for 
        over 100 years.
    (c) Final Determination.--
            (1) Advance notice.--Not less than 45 days before 
        implementing a final decision with respect to the homeport for 
        the FSV HENRY B BIGELOW. the Administrator shall--
                    (A) notify the Committees of the Administration's 
                proposed final decision; and
                    (B) provide an explanation to the Committees of the 
                rationale for the homeport selected in the proposed 
                final decision that addresses the factors described in 
                subsection (b).
            (2) Final decision.--The National Oceanic and Atmospheric 
        Administration shall make a final decision on the homeport for 
        the FSV HENRY B BIGELOW no later than December 31, 2009.

SEC. 902. VESSEL DETERMINATION.

    (a) Vessels Deemed To Be New Vessels.--The vessel with United 
States official number 981472 and the vessel with United States 
official number 988333 shall each be deemed to be a new vessel 
effective upon the date of delivery after January 1, 2008, from a 
privately-owned United States shipyard if no encumbrances are on record 
with the United States Coast Guard at the time of the issuance of the 
new vessel certificate of documentation for such vessel
    (b) Safety Inspection.--Each vessel shall be subject to the vessel 
safety and inspection requirements of title 46, United States Code, 
applicable to any such vessel as of the day before the date of 
enactment of this Act.

SEC. 903. CONVEYANCE OF THE PRESQUE ISLE LIGHT STATION FRESNEL LENS TO 
              PRESQUE ISLE TOWNSHIP, MICHIGAN.

    (a) Conveyance of Lens Authorized.--
            (1) Transfer of possession.--Notwithstanding any other 
        provision of law, the Commandant of the Coast Guard may 
        transfer to Presque Isle Township, a township in Presque Isle 
        County in the State of Michigan (in this section referred to as 
        the ``Township''), possession of the Historic Fresnel Lens (in 
        this section referred to as the ``Lens'') from the Presque Isle 
        Light Station Lighthouse, Michigan (in this section referred to 
        as the ``Lighthouse'').
            (2) Condition.--As a condition of the transfer of 
        possession authorized by paragraph (1), the Township shall, not 
        later than one year after the date of transfer, install the 
        Lens in the Lighthouse for the purpose of operating the Lens 
        and Lighthouse as a Class I private aid to navigation pursuant 
        to section 85 of title 14, United States Code, and the 
        applicable regulations under that section.
            (3) Conveyance of lens.--Upon the certification of the 
        Commandant that the Township has installed the Lens in the 
        Lighthouse and is able to operate the Lens and Lighthouse as a 
        private aid to navigation as required by paragraph (2), the 
        Commandant shall convey to the Township all right, title, and 
        interest of the United States in and to the Lens.
            (4) Cessation of united states operations of aids to 
        navigation at lighthouse.--Upon the making of the certification 
        described in paragraph (3), all active Federal aids to 
        navigation located at the Lighthouse shall cease to be operated 
        and maintained by the United States.
    (b) Reversion.--
            (1) Reversion for failure of aid to navigation.--If the 
        Township does not comply with the condition set forth in 
        subsection (a)(2) within the time specified in that subsection, 
        the Township shall, except as provided in paragraph (2), return 
        the Lens to the Commandant at no cost to the United States and 
        under such conditions as the Commandant may require.
            (2) Exception for historical preservation.--Notwithstanding 
        the lack of compliance of the Township as described in 
        paragraph (1), the Township may retain possession of the Lens 
        for installation as an artifact in, at, or near the Lighthouse 
        upon the approval of the Commandant. The Lens shall be retained 
        by the Township under this paragraph under such conditions for 
        the preservation and conservation of the Lens as the Commandant 
        shall specify for purposes of this paragraph. Installation of 
        the Lens under this paragraph shall occur, if at all, not later 
        than two years after the date of the transfer of the Lens to 
        the Township under subsection (a)(1).
            (3) Reversion for failure of historical preservation.--If 
        retention of the Lens by the Township is authorized under 
        paragraph (2) and the Township does not install the Lens in 
        accordance with that paragraph within the time specified in 
        that paragraph, the Township shall return the lens to the Coast 
        Guard at no cost to the United States and under such conditions 
        as the Commandant may require.
    (c) Conveyance of Additional Personal Property.--
            (1) Transfer and conveyance of personal property.--
        Notwithstanding any other provision of law, the Commandant may 
        transfer to the Township any additional personal property of 
        the United States related to the Lens that the Commandant 
        considers appropriate for conveyance under this section. If the 
        Commandant conveys the Lens to the Township under subsection 
        (a)(3), the Commandant may convey to the Township any personal 
        property previously transferred to the Township under this 
        subsection.
            (2) Reversion.--If the Lens is returned to the Coast Guard 
        pursuant to subsection (b), the Township shall return to the 
        Coast Guard all personal property transferred or conveyed to 
        the Township under this subsection except to the extent 
        otherwise approved by the Commandant.
    (d) Conveyance Without Consideration.--The conveyance of the Lens 
and any personal property under this section shall be without 
consideration.
    (e) Delivery of Property.--The Commandant shall deliver property 
conveyed under this section--
            (1) at the place where such property is located on the date 
        of the conveyance;
            (2) in condition on the date of conveyance; and
            (3) without cost to the United States.
    (f) Maintenance of Property.--As a condition of the conveyance of 
any property to the Township under this section, the Commandant shall 
enter into an agreement with the Township under which the Township 
agrees--
            (1) to operate the Lens as a Class I private aid to 
        navigation under section 85 of title 14, United States Code, 
        and application regulations under that section; and
            (2) to hold the United States harmless for any claim 
        arising with respect to personal property conveyed under this 
        section.
    (g) Limitation on Future Conveyance.--The instruments providing for 
the conveyance of property under this section shall--
            (1) require that any further conveyance of an interest in 
        such property may not be made without the advance approval of 
        the Commandant; and
            (2) provide that, if the Commandant determines that an 
        interest in such property was conveyed without such approval--
                    (A) all right, title, and interest in such property 
                shall revert to the United States, and the United 
                States shall have the right to immediate possession of 
                such property; and
                    (B) the recipient of such property shall pay the 
                United States for costs incurred by the United States 
                in recovering such property.
    (h) Additional Terms and Conditions.--The Commandant may require 
such additional terms and conditions in connection with the conveyances 
authorized by this section as the Commandant considers appropriate to 
protect the interests of the United States.

SEC. 904. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY, 
              MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN.

    (a) Conveyance Authorized.--The Commandant of the Coast Guard may 
convey, without consideration, 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, 
consists of approximately 5.5 acres, and is commonly identified as 
Coast Guard Station Marquette and Lighthouse Point.
    (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 by 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) Inapplicability of Screening or Other Requirements.--The 
conveyance of property authorized by subsection (a) shall be made 
without regard to the following:
            (1) Section 2696 of title 10, United States Code.
            (2) Chapter 5 of title 40, United States Code.
            (3) Any other provision of law relating to the screening, 
        evaluation, or administration of excess or surplus Federal 
        property prior to conveyance by the Administrator of General 
        Services.
    (f) Expiration of Authority.--The authority in subsection (a) shall 
expire on the date that is five years after the date of the enactment 
of this Act.
    (g) 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. The cost of the survey shall be borne by the United States.
    (h) 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. 905. LARGE OFFSHORE SUPPLY VESSELS.

    Within 1 year after the date of enactment of this Act, the 
Commandant of the Coast Guard shall submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure on the 
design, inspection, certification, manning, operation, and 
credentialing requirements of offshore supply vessels greater than 500 
gross tons as measured under section 14502 of title 46, United States 
Code, or an alternate tonnage measured under section 14302 of that 
title as prescribed by the Secretary under section 14104 of that title. 
In developing the report, the Commandant may request the participation 
of senior representatives of any other Federal department or agency, as 
appropriate, and shall consider all applicable provisions of United 
States law and international conventions and agreements.

SEC. 906. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTERS STORIS, 
              IRIS, AND PLANETREE.

    (a) Coast Guard Cutter STORIS.--Upon the decommissioning of the 
Coast Guard Cutter STORIS, the Commandant of the Coast Guard shall 
convey, without consideration, all right, title, and interest owned by 
the United States in the Coast Guard Cutter STORIS to the Storis 
Museum, a nonprofit entity of Juneau, Alaska, if the head of the Storis 
Museum agrees--
            (1) to use the vessel as a historic memorial and to make 
        the United States Coast Guard Cutter STORIS available to the 
        public as a museum and to work cooperatively with other museums 
        to provide education and memorialize the maritime heritage of 
        the United States Coast Guard Cutter STORIS and other maritime 
        activities in Alaska, the Pacific Northwest, the Arctic Ocean, 
        and adjacent oceans and seas;
            (2) not to use the vessel for commercial transportation 
        purposes;
            (3) 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 or based on the critical needs of the 
        United States Coast Guard;
            (4) to hold the Government harmless for any claims arising 
        from exposure to hazardous materials, including asbestos and 
        polychlorinated biphenyls (PCBs), except for claims arising 
        from the use of the United States Coast Guard Cutter STORIS by 
        the Government; and
            (5) to any other conditions the Commandant considers 
        appropriate.
    (b) Coast Guard Cutters IRIS and PLANETREE.--Upon the 
decommissioning of the Coast Guard Cutters IRIS and PLANETREE, the 
Commandant of the Coast Guard shall convey, without consideration, all 
right, title, and interest owned by the United States in the Coast 
Guard Cutters IRIS and PLANETREE to The Anchor Program, a nonprofit 
entity of Richmond, California, if the head of The Anchor Program 
agrees--
            (1) to use the vessels as job training sites primarily in 
        San Francisco Bay and Puget Sound, leading to employment in the 
        merchant marine and associated shore-side occupations, 
        including to certified training programs combining classroom 
        instruction and vocational training related to shipboard 
        safety, personal survival, marine firefighting, basic marine 
        engineering, basic seamanship skills, and marine steward 
        skills, that is modeled after the Maritime Training Program at 
        the Tongue Point Job Corps Center in Astoria, Oregon;
            (2) not to use the vessel for commercial transportation 
        purposes;
            (3) to make the vessels available to the United States 
        Government if needed for use by the Commandant in time of war 
        or a national emergency or based on the critical needs of the 
        United States Coast Guard;
            (4) to hold the United States Government harmless for any 
        claims arising from exposure to hazardous materials, including 
        asbestos and polychlorinated biphenyls, except for claims 
        arising from the use of the United States Coast Guard Cutters 
        IRIS or PLANETREE by the United States Government; and
            (5) to any other conditions the Commandant considers 
        appropriate.
    (c) Other Excess Equipment.--The Commandant of the Coast Guard may 
convey to the recipient of a vessel under this section any excess 
equipment or parts from other decommissioned Coast Guard vessels for 
use to enhance the vessel's operability and function for purposes of a 
public museum and historical display.

SEC. 907. ACCESS FOR PERSONAL WATERCRAFT.

    (a) Personal Watercraft.--
            (1) In general.--Notwithstanding any other provision of 
        law, personal watercraft shall have equal access to the 
        Atlantic Intracoastal Waterway as all other vessels and rafts 
        permitted in the Waterway.
            (2) Effective date.--Paragraph (1) shall take effect on the 
        date that is 150 days after the date of enactment of this Act 
        and shall remain in effect unless and until the Commandant of 
        the United States Coast Guard, after public hearing, concludes 
        that personal watercraft have an environmental impact on the 
        Atlantic Intracoastal Waterway that is more disparate than all 
        other vessels and rafts permitted in the Waterway.
    (b) Establishment of Personal Watercraft Atlantic Intracoastal 
Waterway Working Group.--
            (1) In general.--The Commandant of the United States Coast 
        Guard, in consultation with the Director of the National Park 
        Service, shall establish a 7-person Atlantic Intracoastal 
        Waterway Working Group with representatives from the United 
        States Coast Guard, National Park Service, State and local law 
        enforcement agencies, representatives from the fishing, 
        personal watercraft, and other parties with an interest in 
        access to the Waterway.
            (2) Duties of working group.--Not later than 60 days after 
        the date of enactment of this Act, the Working Group shall 
        develop recommendations concerning reasonable requirements for 
        granting permits for access to the Waterway. The Commandant of 
        the United States Coast Guard, in consultation with the 
        Director of the National Park Service, shall issue requirements 
        and specific guidelines for personal watercraft access to the 
        Atlantic Intracoastal Waterway within 150 days after the date 
        of enactment of this Act, upon completion of the environmental 
        assessment by the Coast Guard.
    (c) Safety Regulations.--Nothing in this section shall affect the 
authority of the United States Coast Guard to enforce safety 
regulations, or limit the ability of the National Park Service or the 
Department of the Interior to ensure that watercraft observe all 
boating safety and other marine mammal protections.
    (d) Deadline for Environmental Assessment.--The Commandant of the 
Coast Guard shall complete the environmental assessment under this 
section within 150 days after the date of enactment of this Act.
                                                       Calendar No. 193

111th CONGRESS

  1st Session

                                S. 1194

                          [Report No. 111-95]

_______________________________________________________________________

                                 A BILL

To reauthorize the Coast Guard for fiscal years 2010 and 2011, and for 
                            other purposes.

_______________________________________________________________________

                            October 30, 2009

                       Reported with an amendment