Congressional Record, Volume 156 Issue 132 (Tuesday, September 28, 2010)

[Congressional Record Volume 156, Number 132 (Tuesday, September 28, 2010)]
[House]
[Pages H7102-H7142]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

{time} 1930
PROVIDING FOR CONCURRENCE WITH AMENDMENTS IN SENATE AMENDMENT TO H.R.
3619, COAST GUARD AUTHORIZATION ACT OF 2010

Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1665) providing for the concurrence by the
House in the Senate amendment to H.R. 3619, with amendments.
The Clerk read the title of the resolution.
The text of the resolution is as follows:

H. Res. 1665

Resolved, That, upon the adoption of this resolution, the
House shall be considered to have taken from the Speaker's
table the bill, H.R. 3619, with the Senate amendment thereto,
and to have concurred in the Senate amendment with the
following amendments:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Coast
Guard Authorization Act of 2010''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--AUTHORIZATION

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

TITLE II--COAST GUARD

Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home
(AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Repeal.
Sec. 210. Merchant Mariner Medical Advisory Committee.
Sec. 211. Reserve commissioned warrant officer to lieutenant program.
Sec. 212. Enhanced status quo officer promotion system.
Sec. 213. Coast Guard vessels and aircraft.
Sec. 214. Coast Guard District Ombudsmen.
Sec. 215. Coast Guard commissioned officers: compulsory retirement.
Sec. 216. Enforcement of coastwise trade laws.
Sec. 217. Report on sexual assaults in the Coast Guard.
Sec. 218. Home port of Coast Guard vessels in Guam.
Sec. 219. Supplemental positioning system.
Sec. 220. Assistance to foreign governments and maritime authorities.
Sec. 221. Coast guard housing.
Sec. 222. Child development services.
Sec. 223. Chaplain activity expense.
Sec. 224. Coast Guard cross; silver star medal.

TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Seaward extension of anchorage grounds jurisdiction.
Sec. 302. Maritime Drug Law Enforcement Act amendment-simple
possession.
Sec. 303. Technical amendments to tonnage measurement law.
Sec. 304. Merchant mariner document standards.
Sec. 305. Ship emission reduction technology demonstration project.
Sec. 306. Phaseout of vessels supporting oil and gas development.
Sec. 307. Arctic marine shipping assessment implementation.

TITLE IV--ACQUISITION REFORM

Sec. 401. Chief Acquisition Officer.
Sec. 402. Acquisitions.
Sec. 403. National Security Cutters.
Sec. 404. Acquisition workforce expedited hiring authority.

TITLE V--COAST GUARD MODERNIZATION

Sec. 501. Short title.

Subtitle A--Coast Guard Leadership

Sec. 511. Vice admirals.

Subtitle B--Workforce Expertise

Sec. 521. Prevention and response staff.
Sec. 522. Marine safety mission priorities and long-term goals.
Sec. 523. Powers and duties.
Sec. 524. Appeals and waivers.
Sec. 525. Coast Guard Academy.
Sec. 526. Report regarding civilian marine inspectors.

TITLE VI--MARINE SAFETY

Sec. 601. Short title.
Sec. 602. Vessel size limits.
Sec. 603. Cold weather survival training.
Sec. 604. Fishing vessel safety.
Sec. 605. Mariner records.
Sec. 606. Deletion of exemption of license requirement for operators of
certain towing vessels.
Sec. 607. Log books.
Sec. 608. Safe operations and equipment standards.
Sec. 609. Approval of survival craft.
Sec. 610. Safety management.
Sec. 611. Protection against discrimination.
Sec. 612. Oil fuel tank protection.
Sec. 613. Oaths.
Sec. 614. Duration of licenses, certificates of registry, and merchant
mariners' documents.
Sec. 615. Authorization to extend the duration of licenses,
certificates of registry, and merchant mariners'
documents.
Sec. 616. Merchant mariner assistance report.
Sec. 617. Offshore supply vessels.
Sec. 618. Associated equipment.
Sec. 619. Lifesaving devices on uninspected vessels.
Sec. 620. Study of blended fuels in marine application.
Sec. 621. Renewal of advisory committees.
Sec. 622. Delegation of authority.

TITLE VII--OIL POLLUTION PREVENTION

Sec. 701. Rulemakings.
Sec. 702. Oil transfers from vessels.
Sec. 703. Improvements to reduce human error and near miss incidents.
Sec. 704. Olympic Coast National Marine Sanctuary.
Sec. 705. Prevention of small oil spills.
Sec. 706. Improved coordination with tribal governments.
Sec. 707. Report on availability of technology to detect the loss of
oil.
Sec. 708. Use of oil spill liability trust fund.
Sec. 709. International efforts on enforcement.
Sec. 710. Higher volume port area regulatory definition change.
Sec. 711. Tug escorts for laden oil tankers.
Sec. 712. Extension of financial responsibility.
Sec. 713. Liability for use of single-hull vessels.

TITLE VIII--PORT SECURITY

Sec. 801. America's Waterway Watch Program.
Sec. 802. Transportation Worker Identification Credential.
Sec. 803. Interagency operational centers for port security.
Sec. 804. Deployable, specialized forces.
Sec. 805. Coast Guard detection canine team program expansion.
Sec. 806. Coast Guard port assistance Program.
Sec. 807. Maritime biometric identification.
Sec. 808. Pilot Program for fingerprinting of maritime workers.
Sec. 809. Transportation security cards on vessels.
Sec. 810. Maritime Security Advisory Committees.
Sec. 811. Seamen's shoreside access.
Sec. 812. Waterside security of especially hazardous cargo.
Sec. 813. Review of liquefied natural gas facilities.

[[Page H7103]]

Sec. 814. Use of secondary authentication for transportation security
cards.
Sec. 815. Assessment of transportation security card enrollment sites.
Sec. 816. Assessment of the feasibility of efforts to mitigate the
threat of small boat attack in major ports.
Sec. 817. Report and recommendation for uniform security background
checks.
Sec. 818. Transportation security cards: access pending issuance;
deadlines for processing; receipt.
Sec. 819. Harmonizing security card expirations.
Sec. 820. Clarification of rulemaking authority.
Sec. 821. Port security training and certification.
Sec. 822. Integration of security plans and systems with local port
authorities, State harbor divisions, and law enforcement
agencies.
Sec. 823. Transportation security cards.
Sec. 824. Pre-positioning interoperable communications equipment at
interagency operational centers.
Sec. 825. International port and facility inspection coordination.
Sec. 826. Area transportation security incident mitigation plan.
Sec. 827. Risk based resource allocation.
Sec. 828. Port security zones.

TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Waivers.
Sec. 902. Crew wages on passenger vessels.
Sec. 903. Technical corrections.
Sec. 904. Manning requirement.
Sec. 905. Study of bridges over navigable waters.
Sec. 906. Limitation on jurisdiction of States to tax certain seamen.
Sec. 907. Land conveyance, Coast Guard property in Marquette County,
Michigan, to the City of Marquette, Michigan.
Sec. 908. Mission requirement analysis for navigable portions of the
Rio Grande River, Texas, international water boundary.
Sec. 909. Conveyance of Coast Guard property in Cheboygan, Michigan.
Sec. 910. Alternative licensing program for operators of uninspected
passenger vessels on Lake Texoma in Texas and Oklahoma.
Sec. 911. Strategy regarding drug trafficking vessels.
Sec. 912. Use of force against piracy.
Sec. 913. Technical amendments to chapter 313 of title 46, United
States Code.
Sec. 914. Conveyance of Coast Guard vessels for public purposes.
Sec. 915. Assessment of certain aids to navigation and traffic flow.
Sec. 916. Fresnel Lens from Presque Isle Light Station in Presque Isle,
Michigan.
Sec. 917. Maritime law enforcement.
Sec. 918. Capital investment plan.
Sec. 919. Reports.
Sec. 920. Compliance provision.
Sec. 921. Conveyance of Coast Guard property in Portland, Maine.

TITLE X--CLEAN HULLS

Subtitle A--General Provisions

Sec. 1011. Definitions.
Sec. 1012. Covered vessels.
Sec. 1013. Administration and enforcement.
Sec. 1014. Compliance with international law.
Sec. 1015. Utilization of personnel, facilities or equipment of other
Federal departments and agencies.

Subtitle B--Implementation of the Convention

Sec. 1021. Certificates.
Sec. 1022. Declaration.
Sec. 1023. Other compliance documentation.
Sec. 1024. Process for considering additional controls.
Sec. 1025. Scientific and technical research and monitoring;
communication and information.
Sec. 1026. Communication and exchange of information.

Subtitle C--Prohibitions and Enforcement Authority

Sec. 1031. Prohibitions.
Sec. 1032. Investigations and inspections by Secretary.
Sec. 1033. EPA enforcement.
Sec. 1034. Additional authority of the Administrator.

Subtitle D--Action on Violation, Penalties, and Referrals

Sec. 1041. Criminal enforcement.
Sec. 1042. Civil enforcement.
Sec. 1043. Liability in rem.
Sec. 1044. Vessel clearance or permits; refusal or revocation; bond or
other surety.
Sec. 1045. Warnings, detentions, dismissals, exclusion.
Sec. 1046. Referrals for appropriate action by foreign country.
Sec. 1047. Remedies not affected.
Sec. 1048. Repeal.

TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are authorized to be appropriated for fiscal year
2011 for necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$6,970,681,000 of which $24,500,000 is authorized to be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment
related thereto, $1,640,000,000, of which--
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990, to remain
available until expended;
(B) $1,233,502,000 is authorized for the Integrated
Deepwater System Program; and
(C) $100,000,000 is authorized for shore facilities and
aids to navigation.
(3) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials,
and human factors directly relating to improving the
performance of the Coast Guard's mission in search and
rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties,
ice operations, oceanographic research, and defense
readiness, $28,034,000, to remain available until expended,
of which $500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,400,700,000,
to remain available until expended.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $16,000,000.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operation and maintenance), $13,329,000, to remain
available until expended.
(7) For the Coast Guard Reserve program, including
personnel and training costs, equipment, and services,
$135,675,000.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.

(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 47,000 for
the fiscal year ending on September 30, 2011.
(b) Military Training Student Loads.--For fiscal year 2011,
the Coast Guard is authorized average military training
student loads as follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 165 student years.
(3) For professional training in military and civilian
institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.

TITLE II--COAST GUARD

SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

(a) In General.--Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:

``Sec. 153. Appointment of judges

``The Secretary may appoint civilian employees of the
department in which the Coast Guard is operating as appellate
military judges, available for assignment to the Coast Guard
Court of Criminal Appeals as provided for in section 866(a)
of title 10.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:

``153. Appointment of judges.''.

SEC. 202. INDUSTRIAL ACTIVITIES.

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

SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.

(a) In General.--Chapter 13 of title 14, United States
Code, is amended by adding at the end the following:

``Sec. 518. Reimbursement for medical-related travel expenses
for certain persons residing on islands in the continental
United States

``In any case in which a covered beneficiary (as defined in
section 1072(5) of title 10) resides on an island that is
located in the 48 contiguous States and the District of
Columbia and that lacks public access roads to the mainland
and is referred by a primary care physician to a specialty
care provider (as defined in section 1074i(b) of title 10) on
the mainland who provides services less than 100 miles from
the location where the beneficiary resides, the Secretary
shall reimburse the reasonable travel expenses of the covered
beneficiary and, when accompaniment by an adult is necessary,
for a parent or guardian of the covered beneficiary or
another member of the covered beneficiary's family who is at
least 21 years of age.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:

[[Page H7104]]

``518. Reimbursement for medical-related travel expenses for certain
persons residing on islands in the continental United
States.''.

SEC. 204. COMMISSIONED OFFICERS.

(a) Active Duty Promotion List.--Section 42 of title 14,
United States Code, is amended to read as follows:

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

``(a) Maximum Total Number.--The total number of Coast
Guard commissioned officers on the active duty promotion
list, excluding warrant officers, shall not exceed 7,200;
except that the Commandant may temporarily increase that
number by up to 2 percent for no more than 60 days following
the date of the commissioning of a Coast Guard Academy class.
``(b) Distribution Percentages by Grade.--
``(1) Required.--The total number of commissioned officers
authorized by this section shall be distributed in grade in
the following percentages: 0.375 percent for rear admiral;
0.375 percent for rear admiral (lower half); 6.0 percent for
captain; 15.0 percent for commander; and 22.0 percent for
lieutenant commander.
``(2) Discretionary.--The Secretary shall prescribe the
percentages applicable to the grades of lieutenant,
lieutenant (junior grade), and ensign.
``(3) Authority of secretary to reduce percentage.--The
Secretary--
``(A) may reduce, as the needs of the Coast Guard require,
any of the percentages set forth in paragraph (1); and
``(B) shall apply that total percentage reduction to any
other lower grade or combination of lower grades.
``(c) Computations.--
``(1) In general.--The Secretary shall compute, at least
once each year, the total number of commissioned officers
authorized to serve in each grade by applying the grade
distribution percentages established by or under this section
to the total number of commissioned officers listed on the
current active duty promotion list.
``(2) Rounding fractions.--Subject to subsection (a), in
making the computations under paragraph (1), any fraction
shall be rounded to the nearest whole number.
``(3) Treatment of officers serving outside coast guard.--
The number of commissioned officers on the active duty
promotion list below the rank of rear admiral (lower half)
serving with other Federal departments or agencies on a
reimbursable basis or excluded under section 324(d) of title
49 shall not be counted against the total number of
commissioned officers authorized to serve in each grade.
``(d) Use of Numbers; Temporary Increases.--The numbers
resulting from computations under subsection (c) shall be,
for all purposes, the authorized number in each grade; except
that the authorized number for a grade is temporarily
increased during the period between one computation and the
next by the number of officers originally appointed in that
grade during that period and the number of officers of that
grade for whom vacancies exist in the next higher grade but
whose promotion has been delayed for any reason.
``(e) Officers Serving Coast Guard Academy and Reserve.--
The number of officers authorized to be serving on active
duty in each grade of the permanent commissioned teaching
staff of the Coast Guard Academy and of the Reserve serving
in connection with organizing, administering, recruiting,
instructing, or training the reserve components shall be
prescribed by the Secretary.''.
(b) Clerical Amendment.--The analysis for chapter 3 of such
title is amended by striking the item relating to section 42
and inserting the following:

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

SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES
RETIREMENT HOME (AFRH) SYSTEM.

(a) In General.--Section 1502 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 401) is amended--
(1) by striking paragraph (4);
(2) in paragraph (5)--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(C) by inserting at the end the following:
``(E) the Assistant Commandant of the Coast Guard for Human
Resources.''; and
(3) by adding at the end of paragraph (6) the following:
``(E) The Master Chief Petty Officer of the Coast Guard.''.
(b) Conforming Amendments.--(1) Section 2772 of title 10,
United States Code, is amended--
(A) in subsection (a) by inserting ``or, in the case of the
Coast Guard, the Commandant'' after ``concerned''; and
(B) by striking subsection (c).
(2) Section 1007(i) of title 37, United States Code, is
amended--
(A) in paragraph (3) by inserting ``or, in the case of the
Coast Guard, the Commandant'' after ``Secretary of Defense'';
(B) by striking paragraph (4); and
(C) by redesignating paragraph (5) as paragraph (4).

SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

Section 149 of title 14, United States Code, is amended by
adding at the end the following:
``(c) Grants to International Maritime Organizations.--
After consultation with the Secretary of State, the
Commandant may make grants to, or enter into cooperative
agreements, contracts, or other agreements with,
international maritime organizations for the purpose of
acquiring information or data about merchant vessel
inspections, security, safety, environmental protection,
classification, and port state or flag state law enforcement
or oversight.''.

SEC. 207. LEAVE RETENTION AUTHORITY.

(a) In General.--Chapter 11 of title 14, United States
Code, is amended by inserting after section 425 the
following:

``Sec. 426. Emergency leave retention authority

``(a) In General.--A duty assignment for an active duty
member of the Coast Guard in support of a declaration of a
major disaster or emergency by the President under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) or in response to a spill of national
significance shall be treated, for the purpose of section
701(f)(2) of title 10, as a duty assignment in support of a
contingency operation.
``(b) Definitions.--In this section:
``(1) Spill of national significance.--The term `spill of
national significance' means a discharge of oil or a
hazardous substance that is declared by the Commandant to be
a spill of national significance.
``(2) Discharge.--The term `discharge' has the meaning
given that term in section 1001 of the Oil Pollution Act of
1990 (33 U.S.C. 2701).''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by inserting after the item relating to section 425
the following:

``426. Emergency leave retention authority.''.
(c) Application.--The amendments made by this section shall
be deemed to have been enacted on April 19, 2010.

SEC. 208. ENFORCEMENT AUTHORITY.

(a) In General.--Chapter 5 of title 14, United States Code,
is amended by adding at the end the following:

``Sec. 99. Enforcement authority

``Subject to guidelines approved by the Secretary, members
of the Coast Guard, in the performance of official duties,
may--
``(1) carry a firearm; and
``(2) while at a facility (as defined in section 70101 of
title 46)--
``(A) make an arrest without warrant for any offense
against the United States committed in their presence; and
``(B) seize property as otherwise provided by law.''.
(b) Conforming Repeal.--Section 70117 of title 46, United
States Code, and the item relating to such section in the
analysis at the beginning of chapter 701 of such title, are
repealed.
(c) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:

``99. Enforcement authority.''.

SEC. 209. REPEAL.

Section 216 of title 14, United States Code, and the item
relating to such section in the analysis for chapter 11 of
such title, are repealed.

SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.

(a) In General.--Chapter 71 of title 46, United States
Code, is amended by adding at the end the following new
section:

``Sec. 7115. Merchant Mariner Medical Advisory Committee

``(a) Establishment.--
``(1) In general.--There is established a Merchant Mariner
Medical Advisory Committee (in this section referred to as
the `Committee').
``(2) Functions.--The Committee shall advise the Secretary
on matters relating to--
``(A) medical certification determinations for issuance of
licences, certificates of registry, and merchant mariners'
documents;
``(B) medical standards and guidelines for the physical
qualifications of operators of commercial vessels;
``(C) medical examiner education; and
``(D) medical research.
``(b) Membership.--
``(1) In general.--The Committee shall consist of 14
members, none of whom is a Federal employee, and shall
include--
``(A) ten who are health-care professionals with particular
expertise, knowledge, or experience regarding the medical
examinations of merchant mariners or occupational medicine;
and
``(B) four who are professional mariners with knowledge and
experience in mariner occupational requirements.
``(2) Status of members.--Members of the Committee shall
not be considered Federal employees or otherwise in the
service or the employment of the Federal Government, except
that members shall be considered special Government
employees, as defined in section 202(a) of title 18, United
States Code, and shall be subject to any administrative
standards of conduct applicable to the employees of the
department in which the Coast Guard is operating.
``(c) Appointments; Terms; Vacancies.--
``(1) Appointments.--The Secretary shall appoint the
members of the Committee, and each member shall serve at the
pleasure of the Secretary.
``(2) Terms.--Each member shall be appointed for a term of
five years, except that,

[[Page H7105]]

of the members first appointed, three members shall be
appointed for a term of two years.
``(3) Vacancies.--Any member appointed to fill the vacancy
prior to the expiration of the term for which that member's
predecessor was appointed shall be appointed for the
remainder of that term.
``(d) Chairman and Vice Chairman.--The Secretary shall
designate one member of the Committee as the Chairman and one
member as the Vice Chairman. The Vice Chairman shall act as
Chairman in the absence or incapacity of, or in the event of
a vacancy in the office of, the Chairman.
``(e) Compensation; Reimbursement.--Members of the
Committee shall serve without compensation, except that,
while engaged in the performance of duties away from their
homes or regular places of business of the member, the member
of the Committee may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section
5703 of title 5.
``(f) Staff; Services.--The Secretary shall furnish to the
Committee the personnel and services as are considered
necessary for the conduct of its business.''.
(b) First Meeting.--No later than six months after the date
of enactment of this Act, the Merchant Mariner Medical
Advisory Committee established by the amendment made by this
section shall hold its first meeting.
(c) Clerical Amendment.--The analysis for chapter 71 of
that title is amended by adding at the end the following:

``7115. Merchant Mariner Medical Advisory Committee.''.

SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT
PROGRAM.

Section 214(a) of title 14, United States Code, is amended
to read as follows:
``(a) The president may appoint temporary commissioned
officers--
``(1) in the Regular Coast Guard in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers,
warrant officers, and enlisted members of the Coast Guard,
and from holders of licenses issued under chapter 71 of title
46; and
``(2) in the Coast Guard Reserve in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers of the
Coast Guard Reserve.''.

SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

Chapter 11 of title 14, United States Code, is amended--
(1) in section 253(a)--
(A) by inserting ``and'' after ``considered,''; and
(B) by striking ``, and the number of officers the board
may recommend for promotion'';
(2) in section 258--
(A) by inserting ``(a) In General.--'' before ``The
Secretary shall'' ;
(B) in subsection (a) (as so designated) by striking the
colon at the end of the material preceding paragraph (1) and
inserting ``--''; and
(C) by adding at the end the following:
``(b) Provision of Direction and Guidance.--
``(1) In addition to the information provided pursuant to
subsection (a), the Secretary may furnish the selection
board--
``(A) specific direction relating to the needs of the Coast
Guard for officers having particular skills, including
direction relating to the need for a minimum number of
officers with particular skills within a specialty; and
``(B) any other guidance that the Secretary believes may be
necessary to enable the board to properly perform its
functions.
``(2) Selections made based on the direction and guidance
provided under this subsection shall not exceed the maximum
percentage of officers who may be selected from below the
announced promotion zone at any given selection board
convened under section 251 of this title.'';
(3) in section 259(a), by inserting after ``whom the
board'' the following: ``, giving due consideration to the
needs of the Coast Guard for officers with particular skills
so noted in specific direction furnished to the board by the
Secretary under section 258 of this title,''; and
(4) in section 260(b), by inserting after ``qualified for
promotion'' the following: ``to meet the needs of the service
(as noted in specific direction furnished the board by the
Secretary under section 258 of this title)''.

SEC. 213. COAST GUARD VESSELS AND AIRCRAFT.

(a) Authority To Fire At or Into a Vessel.--Section 637(c)
of title 14, United States Code, is amended--
(1) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) any other vessel or aircraft on government
noncommercial service when--
``(A) the vessel or aircraft is under the tactical control
of the Coast Guard; and
``(B) at least one member of the Coast Guard is assigned
and conducting a Coast Guard mission on the vessel or
aircraft.''.
(b) Authority To Display Coast Guard Ensigns and
Pennants.--Section 638(a) of title 14, United States Code, is
amended by striking ``Coast Guard vessels and aircraft'' and
inserting ``Vessels and aircraft authorized by the
Secretary''.

SEC. 214. COAST GUARD DISTRICT OMBUDSMEN.

(a) In General.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new section:

``Sec. 55. District Ombudsmen

``(a) In General.--The Commandant shall appoint in each
Coast Guard District a District Ombudsman to serve as a
liaison between ports, terminal operators, shipowners, and
labor representatives and the Coast Guard.
``(b) Purpose.--The purpose of the District Ombudsman shall
be the following:
``(1) To support the operations of the Coast Guard in each
port in the District for which the District Ombudsman is
appointed.
``(2) To improve communications between and among port
stakeholders including, port and terminal operators, ship
owners, labor representatives, and the Coast Guard.
``(3) To seek to resolve disputes between the Coast Guard
and all petitioners regarding requirements imposed or
services provided by the Coast Guard.
``(c) Functions.--
``(1) Complaints.--The District Ombudsman may examine
complaints brought to the attention of the District Ombudsman
by a petitioner operating in a port or by Coast Guard
personnel.
``(2) Guidelines for disputes.--
``(A) In general.--The District Ombudsman shall develop
guidelines regarding the types of disputes with respect to
which the District Ombudsman will provide assistance.
``(B) Limitation.--The District Ombudsman shall not provide
assistance with respect to a dispute unless it involves the
impact of Coast Guard requirements on port business and the
flow of commerce.
``(C) Priority.--In providing such assistance, the District
Ombudsman shall give priority to complaints brought by
petitioners who believe they will suffer a significant
hardship as the result of implementing a Coast Guard
requirement or being denied a Coast Guard service.
``(3) Consultation.--The District Ombudsman may consult
with any Coast Guard personnel who can aid in the
investigation of a complaint.
``(4) Access to information.--The District Ombudsman shall
have access to any Coast Guard document, including any record
or report, that will aid the District Ombudsman in obtaining
the information needed to conduct an investigation of a
complaint.
``(5) Reports.--At the conclusion of an investigation, the
District Ombudsman shall submit a report on the findings and
recommendations of the District Ombudsman, to the Commander
of the District in which the petitioner who brought the
complaint is located or operating.
``(6) Deadline.--The District Ombudsman shall seek to
resolve each complaint brought in accordance with the
guidelines--
``(A) in a timely fashion; and
``(B) not later than 4 months after the complaint is
officially accepted by the District Ombudsman.
``(d) Appointment.--The Commandant shall appoint as the
District Ombudsman an individual who has experience in port
and transportation systems and knowledge of port operations
or of maritime commerce (or both).
``(e) Annual Reports.--The Secretary shall report annually
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the matters
brought before the District Ombudsmen, including--
``(1) the number of matters brought before each District
Ombudsman;
``(2) a brief summary of each such matter; and
``(3) the eventual resolution of each such matter.''.
(b) Clerical Amendment.--The analysis at the beginning of
that chapter is amended by adding at the end the following
new item:

``55. District Ombudsmen.''.

SEC. 215. COAST GUARD COMMISSIONED OFFICERS: COMPULSORY
RETIREMENT.

(a) In General.--Chapter 11 of title 14, United States
Code, is amended by striking section 293 and inserting the
following:

``Sec. 293. Compulsory retirement

``(a) Regular Commissioned Officers.--Any regular
commissioned officer, except a commissioned warrant officer,
serving in a grade below rear admiral (lower half) shall be
retired on the first day of the month following the month in
which the officer becomes 62 years of age.
``(b) Flag-Officer Grades.--(1) Except as provided in
paragraph (2), any regular commissioned officer serving in a
grade of rear admiral (lower half) or above shall be retired
on the first day of the month following the month in which
the officer becomes 64 years of age.
``(2) The retirement of an officer under paragraph (1) may
be deferred--
``(A) by the President, but such a deferment may not extend
beyond the first day of the month following the month in
which the officer becomes 68 years of age; or
``(B) by the Secretary of the department in which the Coast
Guard is operating, but such a deferment may not extend
beyond the first day of the month following the month in
which the officer becomes 66 years of age.''.
(b) Clerical Amendment.--The analysis at the beginning of
such chapter is amended by

[[Page H7106]]

striking the item relating to such section and inserting the
following:

``293. Compulsory retirement.''.

SEC. 216. ENFORCEMENT OF COASTWISE TRADE LAWS.

(a) In General.--Chapter 5 of title 14, United States Code,
is further amended by adding at the end the following:

``Sec. 100. Enforcement of coastwise trade laws

``Officers and members of the Coast Guard are authorized to
enforce chapter 551 of title 46. The Secretary shall
establish a program for these officers and members to enforce
that chapter.''.
(b) Clerical Amendment.--The analysis for that chapter is
further amended by adding at the end the following new item:

``100. Enforcement of coastwise trade laws.''.
(c) Report.--The Secretary of the department in which the
Coast Guard is operating shall submit a report to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Senate Committee on Commerce,
Science, and Transportation within one year after the date of
enactment of this Act on the enforcement strategies and
enforcement actions taken to enforce the coastwise trade
laws.

SEC. 217. REPORT ON SEXUAL ASSAULTS IN THE COAST GUARD.

(a) In General.--Not later than January 15 of each year,
the Commandant of the Coast Guard shall submit a report on
the sexual assaults involving members of the Coast Guard to
the Committee on Transportation and Infrastructure and the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Contents.--The report required under subsection (a)
shall contain the following:
(1) The number of sexual assaults against members of the
Coast Guard, and the number of sexual assaults by members of
the Coast Guard, that were reported to military officials
during the year covered by such report, and the number of the
cases so reported that were substantiated.
(2) A synopsis of, and the disciplinary action taken in,
each substantiated case.
(3) The policies, procedures, and processes implemented by
the Secretary concerned during the year covered by such
report in response to incidents of sexual assault involving
members of the Coast Guard concerned.
(4) A plan for the actions that are to be taken in the year
following the year covered by such report on the prevention
of and response to sexual assault involving members of the
Coast Guard concerned.

SEC. 218. HOME PORT OF COAST GUARD VESSELS IN GUAM.

Section 96 of title 14, United States Code, is amended--
(1) by striking ``a State of the United States'' and
inserting ``the United States or Guam''; and
(2) by inserting ``or Guam'' after ``outside the United
States''.

SEC. 219. SUPPLEMENTAL POSITIONING SYSTEM.

Not later than 180 days after date of enactment of this
Act, the Secretary of the department in which the Coast Guard
is operating in consultation with the Commandant of the Coast
Guard shall conclude their study of whether a single,
domestic system is needed as a back-up navigation system to
the Global Positioning System and notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the results of such
determination.

SEC. 220. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME
AUTHORITIES.

Section 149 of title 14, United States Code, as amended by
section 206, is further amended by adding at the end the
following:
``(d) Authorized Activities.--
``(1) The Commandant may use funds for--
``(A) the activities of traveling contact teams, including
any transportation expense, translation services expense, or
administrative expense that is related to such activities;
``(B) the activities of maritime authority liaison teams of
foreign governments making reciprocal visits to Coast Guard
units, including any transportation expense, translation
services expense, or administrative expense that is related
to such activities;
``(C) seminars and conferences involving members of
maritime authorities of foreign governments;
``(D) distribution of publications pertinent to engagement
with maritime authorities of foreign governments; and
``(E) personnel expenses for Coast Guard civilian and
military personnel to the extent that those expenses relate
to participation in an activity described in subparagraph (C)
or (D).
``(2) An activity may not be conducted under this
subsection with a foreign country unless the Secretary of
State approves the conduct of such activity in that foreign
country.''.

SEC. 221. COAST GUARD HOUSING.

(a) In General.--Chapter 18 of title 14, United States
Code, is amended--
(1) in section 680--
(A) by striking paragraphs (1), (2), and (3) and inserting
the following new paragraphs:
``(1) The term `construct' means to build, renovate, or
improve military family housing and military unaccompanied
housing.
``(2) The term `construction' means building, renovating,
or improving military family housing and military
unaccompanied housing.''; and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(2) in section 681(a)--
(A) in the matter preceding paragraph (1), by striking
``exercise any authority or any combination of authorities
provided under this chapter in order to provide for the
acquisition or construction by private persons, including a
small business concern qualified under section 8(a) of the
Small Business Act (15 U.S.C. 637(a)), of the following:''
and inserting ``acquire or construct the following:'';
(B) in paragraph (1), by striking ``Family housing units''
and inserting ``Military family housing''; and
(C) in paragraph (2), by striking ``Unaccompanied housing
units'' and inserting ``Military unaccompanied housing'';
(3) by repealing sections 682, 683, and 684;
(4) by amending section 685 to read as follows:

``Sec. 685. Conveyance of real property

``(a) Conveyance Authorized.--Notwithstanding any other
provision of law, the Secretary may convey, at fair market
value, real property, owned or under the administrative
control of the Coast Guard, for the purpose of expending the
proceeds from such conveyance to acquire and construct
military family housing and military unaccompanied housing.
``(b) Terms and Conditions.--
``(1) The conveyance of real property under this section
shall be by sale, for cash. The Secretary shall deposit the
proceeds from the sale in the Coast Guard Housing Fund
established under section 687 of this title, for the purpose
of expending such proceeds to acquire and construct military
family housing and military unaccompanied housing.
``(2) The conveyance of real property under this section
shall not diminish the mission capacity of the Coast Guard,
but further the mission support capability of the Coast Guard
with regard to military family housing or military
unaccompanied housing.
``(c) Relationship to Environmental Law.--This section does
not affect or limit the application of or obligation to
comply with any environmental law, including section 120(h)
of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)).'';
(5) by repealing section 686;
(6) in section 687--
(A) in subsection (b)--
(i) in paragraph (2), by striking ``or unaccompanied'' and
inserting ``or military unaccompanied'';
(ii) in paragraph (3)--

(I) by striking ``or lease'';
(II) by striking ``or facilities''; and
(III) by striking ``military family and'' and inserting
``military family housing and''; and

(iii) by repealing paragraph (4);
(B) subsection (c), by amending paragraph (1) to read as
follows:(1) In such amounts as provided in appropriations
Acts, and except as provided in subsection (d), the Secretary
may use amounts in the Coast Guard Housing Fund to carry out
activities under this chapter with respect to military family
housing and military unaccompanied housing, including--
``(A) the planning, execution, and administration of the
conveyance of real property;
``(B) all necessary expenses, including expenses for
environmental compliance and restoration, to prepare real
property for conveyance; and
``(C) the conveyance of real property.'';
(C) in subsection (e), by striking ``or (b)(3)''; and
(D) by repealing subsections (f) and (g);
(7) by repealing 687a;
(8) by amending section 688 to read as follows:

``Sec. 688. Reports

``The Secretary shall prepare and submit to Congress,
concurrent with the budget submitted pursuant to section 1105
of title 31, a report identifying the contracts or agreements
for the conveyance of properties pursuant to this chapter
executed during the prior calendar year.''; and
(9) by repealing section 689.
(b) Savings Clause.--This section shall not affect any
action commenced prior to the date of enactment of this Act.
(c) Clerical Amendment.--The chapter analysis at the
beginning of such chapter is amended--
(1) by striking the items relating to sections 682, 683,
684, 686, 687a, and 689; and
(2) by amending the item relating to section 685 to read as
follows:

``685. Conveyance of real property.''.

SEC. 222. CHILD DEVELOPMENT SERVICES.

Section 515 of title 14, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b)(1) The Commandant is authorized to use appropriated
funds available to the Coast Guard to provide child
development services.
``(2)(A) The Commandant is authorized to establish, by
regulations, fees to be charged parents for the attendance of
children at Coast Guard child development centers.
``(B) Fees to be charged, pursuant to subparagraph (A),
shall be based on family income, except that the Commandant
may, on a case-by-base basis, establish fees at lower rates
if such rates would not be competitive with rates at local
child development centers.

[[Page H7107]]

``(C) The Commandant is authorized to collect and expend
fees, established pursuant to this subparagraph, and such
fees shall, without further appropriation, remain available
until expended for the purpose of providing services,
including the compensation of employees and the purchase of
consumable and disposable items, at Coast Guard child
development centers.
``(3) The Commandant is authorized to use appropriated
funds available to the Coast Guard to provide assistance to
family home daycare providers so that family home daycare
services can be provided to uniformed service members and
civilian employees of the Coast Guard at a cost comparable to
the cost of services provided by Coast Guard child
development centers.'';
(2) by repealing subsections (d) and (e); and
(3) by redesignating subsections (f) and (g) as subsections
(d) and (e), respectively.

SEC. 223. CHAPLAIN ACTIVITY EXPENSE.

Section 145 of title 14, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) detail personnel from the Chaplain Corps to provide
services, pursuant to section 1789 of title 10, to the Coast
Guard.''; and
(2) by adding at the end the following new subsection:
``(d)(1) As part of the services provided by the Secretary
of the Navy pursuant to subsection (a)(4), the Secretary may
provide support services to chaplain-led programs to assist
members of the Coast Guard on active duty and their
dependents, and members of the reserve component in an active
status and their dependents, in building and maintaining a
strong family structure.
``(2) In this subsection, the term `support services'
include transportation, food, lodging, child care, supplies,
fees, and training materials for members of the Coast Guard
on active duty and their dependents, and members of the
reserve component in an active status and their dependents,
while participating in programs referred to in paragraph (1),
including participation at retreats and conferences.
``(3) In this subsection, the term `dependents' has the
same meaning as defined in section 1072(2) of title 10.''.

SEC. 224. COAST GUARD CROSS; SILVER STAR MEDAL.

(a) Coast Guard Cross.--Chapter 13 of title 14, United
States Code, is amended by inserting after section 491 the
following new section:

``Sec. 491a. Coast Guard cross

``The President may award a Coast Guard cross of
appropriate design, with ribbons and appurtenances, to a
person who, while serving in any capacity with the Coast
Guard, when the Coast Guard is not operating under the
Department of the Navy, distinguishes himself or herself by
extraordinary heroism not justifying the award of a medal of
honor--
``(1) while engaged in an action against an enemy of the
United States;
``(2) while engaged in military operations involving
conflict with an opposing foreign force or international
terrorist organization; or
``(3) while serving with friendly foreign forces engaged in
an armed conflict against an opposing armed force in which
the United States is not a belligerent party.''.
(b) Silver Star Medal.--Such chapter is further amended--
(1) by striking the designation and heading of section 492a
and inserting the following:

``Sec. 492b. Distinguished flying cross'';

and
(2) by inserting after section 492 the following new
section:

``Sec. 492a. Silver star medal

``The President may award a silver star medal of
appropriate design, with ribbons and appurtenances, to a
person who, while serving in any capacity with the Coast
Guard, when the Coast Guard is not operating under the
Department of the Navy, is cited for gallantry in action that
does not warrant a medal of honor or Coast Guard cross--
``(1) while engaged in an action against an enemy of the
United States;
``(2) while engaged in military operations involving
conflict with an opposing foreign force or international
terrorist organization; or
``(3) while serving with friendly foreign forces engaged in
an armed conflict against an opposing armed force in which
the United States is not a belligerent party.''.
(c) Conforming Amendments.--Such chapter is further
amended--
(1) in section 494, by striking ``distinguished service
medal, distinguished flying cross,'' and inserting ``Coast
Guard cross, distinguished service medal, silver star medal,
distinguished flying cross,'' in both places it appears;
(2) in section 496--
(A) in the matter preceding paragraph (1) of subsection
(a), by striking ``distinguished service medal, distinguished
flying cross,'' and inserting ``Coast Guard cross,
distinguished service medal, silver star medal, distinguished
flying cross,''; and
(B) in subsection (b)(2), by striking ``distinguished
service medal, distinguished flying cross,'' and inserting
``Coast Guard cross, distinguished service medal, silver star
medal, distinguished flying cross,''; and
(3) in section 497, by striking ``distinguished service
medal, distinguished flying cross,'' and inserting ``Coast
Guard cross, distinguished service medal, silver star medal,
distinguished flying cross,''.
(d) Clerical Amendments.--The analysis at the beginning of
such chapter is amended--
(1) by inserting after the item relating to section 491 the
following new item:

``491a. Coast Guard cross.''.
(2) by striking the item relating to section 492a and
inserting the following new items:

``492a. Silver star medal.
``492b. Distinguished flying cross.''.

TITLE III--SHIPPING AND NAVIGATION

SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS
JURISDICTION.

Section 7 of the Rivers and Harbors Appropriations Act of
1915 (33 U.S.C. 471) is amended--
(1) by striking ``That the'' and inserting the following:
``(a) In General.--The''.
(2) in subsection (a) (as designated by paragraph (1)) by
striking ``$100; and the'' and inserting ``up to $10,000.
Each day during which a violation continues shall constitute
a separate violation. The''; and
(3) by adding at the end the following:
``(b) Definition.--As used in this section `navigable
waters of the United States' includes all waters of the
territorial sea of the United States as described in
Presidential Proclamation No. 5928 of December 27, 1988.''.

SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE
POSSESSION.

Section 70506 of title 46, United States Code, is amended
by adding at the end the following:
``(c) Simple Possession.--
``(1) In general.--Any individual on a vessel subject to
the jurisdiction of the United States who is found by the
Secretary, after notice and an opportunity for a hearing, to
have knowingly or intentionally possessed a controlled
substance within the meaning of the Controlled Substances Act
(21 U.S.C. 812) shall be liable to the United States for a
civil penalty of not to exceed $5,000 for each violation. The
Secretary shall notify the individual in writing of the
amount of the civil penalty.
``(2) Determination of amount.--In determining the amount
of the penalty, the Secretary shall consider the nature,
circumstances, extent, and gravity of the prohibited acts
committed and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay,
and other matters that justice requires.
``(3) Treatment of civil penalty assessment.--Assessment of
a civil penalty under this subsection shall not be considered
a conviction for purposes of State or Federal law but may be
considered proof of possession if such a determination is
relevant.''.

SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

(a) Definitions.--Section 14101(4) of title 46, United
States Code, is amended--
(1) by striking ``engaged'' the first place it appears and
inserting ``that engages'';
(2) in subparagraph (A), by striking ``arriving'' and
inserting ``that arrives'';
(3) in subparagraph (B)--
(A) by striking ``making'' and inserting ``that makes'';
and
(B) by striking ``(except a foreign vessel engaged on that
voyage)'';
(4) in subparagraph (C), by striking ``departing'' and
inserting ``that departs''; and
(5) in subparagraph (D), by striking ``making'' and
inserting ``that makes''.
(b) Delegation of Authority.--Section 14103(c) of that
title is amended by striking ``intended to be engaged on''
and inserting ``that engages on''.
(c) Application.--Section 14301 of that title is amended--
(1) by amending subsection (a) to read as follows:
``(a) Except as otherwise provided in this section, this
chapter applies to any vessel for which the application of an
international agreement or other law of the United States to
the vessel depends on the vessel's tonnage.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking the period at the end and
inserting ``, unless the government of the country to which
the vessel belongs elects to measure the vessel under this
chapter.'';
(B) in paragraph (3), by inserting ``of United States or
Canadian registry or nationality, or a vessel operated under
the authority of the United States or Canada, and that is''
after ``vessel'';
(C) in paragraph (4), by striking ``a vessel (except a
vessel engaged'' and inserting ``a vessel of United States
registry or nationality, or one operated under the authority
of the United States (except a vessel that engages'';
(D) by striking paragraph (5);
(E) by redesignating paragraph (6) as paragraph (5); and
(F) by amending paragraph (5), as so redesignated, to read
as follows:
``(5) a barge of United States registry or nationality, or
a barge operated under the authority of the United States
(except a barge that engages on a foreign voyage) unless the
owner requests.'';
(3) by striking subsection (c);
(4) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively; and

[[Page H7108]]

(5) in subsection (c), as redesignated, by striking ``After
July 18, 1994, an existing vessel (except an existing vessel
referred to in subsection (b)(5)(A) or (B) of this section)''
and inserting ``An existing vessel that has not undergone a
change that the Secretary finds substantially affects the
vessel's gross tonnage (or a vessel to which IMO Resolutions
A.494 (XII) of November 19, 1981, A.540 (XIII) of November
17, 1983, or A.541 (XIII) of November 17, 1983, apply)''.
(d) Measurement.--Section 14302(b) of that title is amended
to read as follows:
``(b) A vessel measured under this chapter may not be
required to be measured under another law.''.
(e) Tonnage Certificate.--
(1) Issuance.--Section 14303 of title 46, United States
Code, is amended--
(A) in subsection (a), by adding at the end the following:
``For a vessel to which the Convention does not apply, the
Secretary shall prescribe a certificate to be issued as
evidence of a vessel's measurement under this chapter.'';
(B) in subsection (b), by inserting ``issued under this
section'' after ``certificate''; and
(C) in the section heading by striking ``International''
and ``(1969)''.
(2) Maintenance.--Section 14503 of that title is amended--
(A) by designating the existing text as subsection (a); and
(B) by adding at the end the following new subsection:
``(b) The certificate shall be maintained as required by
the Secretary.''.
(3) Clerical amendment.--The analysis at the beginning of
chapter 143 of that title is amended by striking the item
relating to section 14303 and inserting the following:

``14303. Tonnage Certificate.''.
(f) Optional Regulatory Measurement.--Section 14305(a) of
that title is amended by striking ``documented vessel
measured under this chapter,'' and inserting ``vessel
measured under this chapter that is of United States registry
or nationality, or a vessel operated under the authority of
the United States,''.
(g) Application.--Section 14501 of that title is amended--
(1) by amending paragraph (1) to read as follows:
``(1) A vessel not measured under chapter 143 of this title
if the application of an international agreement or other law
of the United States to the vessel depends on the vessel's
tonnage.''; and
(2) in paragraph (2), by striking ``a vessel'' and
inserting ``A vessel''.
(h) Dual Tonnage Measurement.--Section 14513(c) of that
title is amended--
(1) in paragraph (1)--
(A) by striking ``vessel's tonnage mark is below the
uppermost part of the load line marks,'' and inserting
``vessel is assigned two sets of gross and net tonnages under
this section,''; and
(B) by inserting ``vessel's tonnage'' before ``mark'' the
second place such term appears; and
(2) in paragraph (2), by striking the period at the end and
inserting ``as assigned under this section.''.
(i) Reciprocity for Foreign Vessels.--Subchapter II of
chapter 145 of that title is amended by adding at the end the
following:

``Sec. 14514. Reciprocity for foreign vessels

``For a foreign vessel not measured under chapter 143, if
the Secretary finds that the laws and regulations of a
foreign country related to measurement of vessels are
substantially similar to those of this chapter and the
regulations prescribed under this chapter, the Secretary may
accept the measurement and certificate of a vessel of that
foreign country as complying with this chapter and the
regulations prescribed under this chapter.''.
(j) Clerical Amendment.--The analysis for subchapter II of
chapter 145 of such title is amended by adding at the end the
following:

``14514. Reciprocity for foreign vessels.''.

SEC. 304. MERCHANT MARINER DOCUMENT STANDARDS.

Not later than 270 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard
is operating shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate--
(1) a plan, including estimated costs, to ensure that the
process for an application, by an individual who has, or has
applied for, a transportation security card under section
70105 of title 46, United States Code, for a merchant mariner
document can be completed entirely by mail; and
(2) a report on the feasibility of, and a timeline to,
redesign the merchant mariner document to comply with the
requirements of such section, including a biometric
identifier, and all relevant international conventions,
including the International Labour Organization Convention
Number 185 concerning the seafarers identity document, and
include a review on whether or not such redesign will
eliminate the need for separate identity credentials and
background screening and streamline the application process
for mariners.

SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION
PROJECT.

(a) Study.--The Commandant of the Coast Guard, in
conjunction with the Administrator of the Environmental
Protection Agency, shall conduct a study--
(1) that surveys new technology and new applications of
existing technology for reducing air emissions from cargo or
passenger vessels that operate in United States waters and
ports; and
(2) that identifies the impediments, including any laws or
regulations, to demonstrating the technology identified in
paragraph (1).
(b) Report.--Within 180 days after the date of enactment of
this Act, the Commandant shall submit a report on the results
of the study conducted under subsection (a) to the Committee
on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Environment and Public Works of the Senate.

SEC. 306. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS
DEVELOPMENT.

(a) In General.--Notwithstanding section 12111(d) of title
46, United States Code, foreign-flag vessels may be chartered
by, or on behalf of, a lessee to be employed for the setting,
relocation, or recovery of anchors or other mooring equipment
of a mobile offshore drilling unit that is located over the
Outer Continental Shelf (as defined in section 2(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)) for
operations in support of exploration, or flow-testing and
stimulation of wells, for offshore mineral or energy
resources in the Beaufort Sea or the Chukchi Sea adjacent to
Alaska--
(1) for a 1-year period from the date the lessee gives the
Secretary of Transportation written notice of the
commencement of such exploration drilling if the Secretary
determines, after publishing notice in the Federal Register,
that insufficient vessels documented under section 12111(d)
of title 46, United States Code, are reasonably available and
suitable for these support operations and all such reasonably
available and suitable vessels are employed in support of
such operations; and
(2) for an additional period until such vessels are
available if the Secretary of Transportation determines--
(A) that, by April 30 of the year following the
commencement of exploration drilling, the lessee has entered
into a binding agreement to employ a suitable vessel or
vessels to be documented under section 12111(d) of title 46,
United States Code, in sufficient numbers and with sufficient
suitability to replace any foreign-flag vessel or vessels
operating under this section; and
(B) after publishing notice in the Federal Register, that
insufficient vessels documented under section 12111(d) of
title 46, United States Code, are reasonably available and
suitable for these support operations and all such reasonably
available and suitable vessels are employed in support of
such operations.
(b) Expiration.--Irrespective of the year in which the
commitment referred to in subsection (a)(2)(A) occurs,
foreign-flag anchor handling vessels may not be employed for
the setting, relocation, or recovery of anchors or other
mooring equipment of a mobile offshore drilling unit after
December 31, 2017.
(c) Lessee Defined.--In this section, the term ``lessee''
means the holder of a lease (as defined in section 1331(c) of
title 43, United States Code), who, prior to giving the
written notice in subsection (a)(1), has entered into a
binding agreement to employ a suitable vessel documented or
to be documented under 12111(d) of title 46, United States
Code.
(d) Savings Provision.--Nothing in subsection (a) may be
construed to authorize the employment in the coastwise trade
of a vessel that does not meet the requirements of 12111 of
title 46, United States Code.

SEC. 307. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION.

(a) Purpose.--The purpose of this section is to ensure safe
and secure maritime shipping in the Arctic including the
availability of aids to navigation, vessel escorts, spill
response capability, and maritime search and rescue in the
Arctic.
(b) International Maritime Organization Agreements.--To
carry out the purpose of this section, the Secretary of the
department in which the Coast Guard is operating is
encouraged to enter into negotiations through the
International Maritime Organization to conclude and execute
agreements to promote coordinated action among the United
States, Russia, Canada, Iceland, Norway, and Denmark and
other seafaring and Arctic nations to ensure, in the Arctic--
(1) placement and maintenance of aids to navigation;
(2) appropriate marine safety, tug, and salvage
capabilities;
(3) oil spill prevention and response capability;
(4) maritime domain awareness, including long-range vessel
tracking; and
(5) search and rescue.
(c) Coordination by Committee on the Maritime
Transportation System.--The Committee on the Maritime
Transportation System established under a directive of the
President in the Ocean Action Plan, issued December 17, 2004,
shall coordinate the establishment of domestic transportation
policies in the Arctic necessary to carry out the purpose of
this section.
(d) Agreements and Contracts.--The Secretary of the
department in which the Coast Guard is operating may, subject
to the availability of appropriations, enter into cooperative
agreements, contracts, or other agreements with, or make
grants to individuals

[[Page H7109]]

and governments to carry out the purpose of this section or
any agreements established under subsection (b).
(e) Icebreaking.--The Secretary of the department in which
the Coast Guard is operating shall promote safe maritime
navigation by means of icebreaking where necessary, feasible,
and effective to carry out the purposes of this section.
(f) Independent Ice Breaker Analyses.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall require a
nongovernmental, independent third party (other than the
National Academy of Sciences) that has extensive experience
in the analysis of military procurements, to--
(A) conduct a comparative cost-benefit analysis, taking
into account future Coast Guard budget projections (which
assume Coast Guard budget growth of no more than inflation)
and other recapitalization needs, of--
(i) rebuilding, renovating, or improving the existing fleet
of polar icebreakers for operation by the Coast Guard;
(ii) constructing new polar icebreakers for operation by
the Coast Guard;
(iii) construction of new polar icebreakers by the National
Science Foundation for operation by the Foundation;
(iv) rebuilding, renovating, or improving the existing
fleet of polar icebreakers by the National Science Foundation
for operation by the Foundation; and
(v) any combination of the activities described in clause
(i), (ii), (iii), or (iv) to carry out the missions of the
Coast Guard and the National Science Foundation; and
(B) conduct a comprehensive analysis of the impact on all
Coast Guard activities, including operations, maintenance,
procurements, and end strength, of the acquisition of polar
icebreakers described in subparagraph (A) by the Coast Guard
or the National Science Foundation assuming that total Coast
Guard funding will not increase more than the annual rate of
inflation.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall submit a report
containing the results of the analyses required under
paragraph (1), together with recommendations the Commandant
considers appropriate under section 93(a)(24) of title 14,
United States Code, to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(g) High-Latitude Study.--Not later than 90 days after the
date of enactment of this Act or the date of completion of
the ongoing High-Latitude Study to assess polar icebreaking
mission requirements for all Coast Guard missions including
search and rescue, marine pollution response and prevention,
fisheries enforcement, and maritime commerce, whichever
occurs later, the Commandant of the Coast Guard shall submit
a report containing the results of the study, together with
recommendations the Commandant considers appropriate under
section 93(a)(24) of title 14, United States Code, to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
(h) Arctic Definition.--In this section the term ``Arctic''
has the same meaning as in section 112 of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4111).

TITLE IV--ACQUISITION REFORM

SEC. 401. CHIEF ACQUISITION OFFICER.

(a) In General.--Chapter 3 of title 14, United States Code,
is further amended by adding at the end the following:

``Sec. 56. Chief Acquisition Officer

``(a) In General.--There shall be in the Coast Guard a
Chief Acquisition Officer selected by the Commandant who
shall be a Rear Admiral or civilian from the Senior Executive
Service (career reserved) and who meets the qualifications
set forth under subsection (b). The Chief Acquisition Officer
shall serve at the Assistant Commandant level and have
acquisition management as that individual's primary duty.
``(b) Qualifications.--
``(1) The Chief Acquisition Officer and any flag officer
serving in the Acquisition Directorate shall be an
acquisition professional with a Level III acquisition
management certification and must have at least 10 years
experience in an acquisition position, of which at least 4
years were spent as--
``(A) the program executive officer;
``(B) the program manager of a Level 1 or Level 2
acquisition project or program;
``(C) the deputy program manager of a Level 1 or Level 2
acquisition;
``(D) the project manager of a Level 1 or Level 2
acquisition; or
``(E) any other acquisition position of significant
responsibility in which the primary duties are supervisory or
management duties.
``(2) The Commandant shall periodically publish a list of
the positions designated under paragraph (1).
``(3) In this subsection each of the terms `Level 1
acquisition' and `Level 2 acquisition' has the meaning that
term has in chapter 15 of this title.
``(c) Functions of the Chief Acquisition Officer.--The
functions of the Chief Acquisition Officer include--
``(1) monitoring the performance of acquisition projects
and programs on the basis of applicable performance
measurements and advising the Commandant, through the chain
of command, regarding the appropriate business strategy to
achieve the missions of the Coast Guard;
``(2) maximizing the use of full and open competition at
the prime contract and subcontract levels in the acquisition
of property, capabilities, assets, and services by the Coast
Guard by establishing policies, procedures, and practices
that ensure that the Coast Guard receives a sufficient number
of sealed bids or competitive proposals from responsible
sources to fulfill the Government's requirements, including
performance and delivery schedules, at the lowest cost or
best value considering the nature of the property,
capability, asset, or service procured;
``(3) making acquisition decisions in concurrence with the
technical authority, or technical authorities, of the Coast
Guard, as designated by the Commandant, consistent with all
other applicable laws and decisions establishing procedures
within the Coast Guard;
``(4) ensuring the use of detailed performance
specifications in instances in which performance-based
contracting is used;
``(5) managing the direction of acquisition policy for the
Coast Guard, including implementation of the unique
acquisition policies, regulations, and standards of the Coast
Guard;
``(6) developing and maintaining an acquisition career
management program in the Coast Guard to ensure that there is
an adequate acquisition workforce;
``(7) assessing the requirements established for Coast
Guard personnel regarding knowledge and skill in acquisition
resources and management and the adequacy of such
requirements for facilitating the achievement of the
performance goals established for acquisition management;
``(8) developing strategies and specific plans for hiring,
training, and professional development; and
``(9) reporting to the Commandant, through the chain of
command, on the progress made in improving acquisition
management capability.''.
(b) Clerical Amendment.--The table of contents for chapter
3 of title 14, United States Code, is amended by adding at
the end the following:

``56. Chief Acquisition Officer.''.

(c) Selection Deadline.--As soon as practicable after the
date of enactment of this Act, but no later than October 1,
2011, the Commandant of the Coast Guard shall select a Chief
Acquisition Officer under section 56 of title 14, United
States Code, as amended by this section.
(d) Special Rate Supplements.--
(1) Requirement to establish.--Not later than 1 year after
the date of enactment of this Act and in accordance with part
9701.333 of title 5, Code of Federal Regulations, the
Commandant of the Coast Guard shall establish special rate
supplements that provide higher pay levels for employees
necessary to carry out the amendment made by this section.
(2) Subject to appropriations.--The requirement under
paragraph (1) is subject to the availability of
appropriations.
(e) Elevation of Disputes to the Chief Acquisition
Officer.--If, after 90 days following the elevation to the
Chief Acquisition Officer of any design or other dispute
regarding Level 1 or Level 2 acquisition, the dispute remains
unresolved, the Commandant shall provide to the appropriate
congressional committees a detailed description of the issue
and the rationale underlying the decision taken by the Chief
Acquisition Officer to resolve the issue.

SEC. 402. ACQUISITIONS.

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

``Chapter 15--Acquisitions

``subchapter i--general provisions

``Sec.
``561. Acquisition directorate.
``562. Improvements in Coast Guard acquisition management.
``563. Recognition of Coast Guard personnel for excellence in
acquisition.
``564. Prohibition on use of lead systems integrators.
``565. Required contract terms.
``566. Department of Defense consultation.
``567. Undefinitized contractual actions.
``568. Guidance on excessive pass-through charges.
``569. Report on former Coast Guard officials employed by contractors
to the agency.

``subchapter ii--improved acquisition process and procedures

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

``subchapter iii--definitions

``581. Definitions.

``SUBCHAPTER I--GENERAL PROVISIONS

``Sec. 561. Acquisition directorate

``(a) Establishment.--The Commandant of the Coast Guard
shall establish an acquisition directorate to provide
guidance and

[[Page H7110]]

oversight for the implementation and management of all Coast
Guard acquisition processes, programs, and projects.
``(b) Mission.--The mission of the acquisition directorate
is--
``(1) to acquire and deliver assets and systems that
increase operational readiness, enhance mission performance,
and create a safe working environment; and
``(2) to assist in the development of a workforce that is
trained and qualified to further the Coast Guard's missions
and deliver the best-value products and services to the
Nation.

``Sec. 562. Improvements in Coast Guard acquisition
management

``(a) Project or Program Managers.--
``(1) Level 1 projects.--An individual may not be assigned
as the project or program manager for a Level 1 acquisition
unless the individual holds a Level III acquisition
certification as a program manager.
``(2) Level 2 projects.--An individual may not be assigned
as the project or program manager for a Level 2 acquisition
unless the individual holds a Level II acquisition
certification as a program manager.
``(b) Guidance on Tenure and Accountability of Program and
Project Managers.--
``(1) Issuance of guidance.--Not later than one year after
the date of enactment of the Coast Guard Authorization Act
for Fiscal Years 2010 and 2011, the Commandant shall issue
guidance to address the qualifications, resources,
responsibilities, tenure, and accountability of program and
project managers for the management of acquisition projects
and programs. The guidance shall address, at a minimum--
``(A) the qualifications required for project or program
managers, including the number of years of acquisition
experience and the professional training levels to be
required of those appointed to project or program management
positions;
``(B) authorities available to project or program managers,
including, to the extent appropriate, the authority to object
to the addition of new program requirements that would be
inconsistent with the parameters established for an
acquisition program; and
``(C) the extent to which a project or program manager who
initiates a new acquisition project or program will continue
in management of that project or program without interruption
until the delivery of the first production units of the
program.
``(2) Strategy.--
``(A) In general.--Not later than 18 months after the date
of enactment of this section, the Commandant shall develop a
comprehensive strategy for enhancing the role of Coast Guard
project or program managers in developing and carrying out
acquisition programs.
``(B) Matters to be addressed.--The strategy required by
this section shall address, at a minimum--
``(i) the creation of a specific career path and career
opportunities for individuals who are or may become project
or program managers, including the rotational assignments
that will be provided to project or program managers;
``(ii) the provision of enhanced training and educational
opportunities for individuals who are or may become project
or program managers;
``(iii) the provision of mentoring support to current and
future project or program managers by experienced senior
executives and program managers within the Coast Guard, and
through rotational assignments to the Department of Defense;
``(iv) the methods by which the Coast Guard will collect
and disseminate best practices and lessons learned on systems
acquisition to enhance project and program management
throughout the Coast Guard;
``(v) the templates and tools that will be used to support
improved data gathering and analysis for project and program
management and oversight purposes, including the metrics that
will be utilized to assess the effectiveness of Coast Guard
project or program managers in managing systems acquisition
efforts; and
``(vi) the methods by which the accountability of project
or program managers for the results of acquisition projects
and programs will be increased.
``(c) Acquisition Workforce.--
``(1) In general.--The Commandant shall designate a
sufficient number of positions to be in the Coast Guard's
acquisition workforce to perform acquisition-related
functions at Coast Guard headquarters and field activities.
``(2) Required positions.--In designating positions under
subsection (a), the Commandant shall include, at a minimum,
positions encompassing the following competencies and
functions:
``(A) Program management.
``(B) Systems planning, research, development, engineering,
and testing.
``(C) Procurement, including contracting.
``(D) Industrial and contract property management.
``(E) Life-cycle logistics.
``(F) Quality control and assurance.
``(G) Manufacturing and production.
``(H) Business, cost estimating, financial management, and
auditing.
``(I) Acquisition education, training, and career
development.
``(J) Construction and facilities engineering.
``(K) Testing and evaluation.
``(3) Acquisition management headquarter activities.--The
Commandant shall also designate as positions in the
acquisition workforce under paragraph (1) those acquisition-
related positions located at Coast Guard headquarters units.
``(4) Appropriate expertise required.--The Commandant shall
ensure that each individual assigned to a position in the
acquisition workforce has the appropriate expertise to carry
out the responsibilities of that position.
``(d) Management Information System.--
``(1) In general.--The Commandant shall establish a
management information system capability to improve
acquisition workforce management and reporting.
``(2) Information maintained.--Information maintained with
such capability shall include the following standardized
information on individuals assigned to positions in the
workforce:
``(A) Qualifications, assignment history, and tenure of
those individuals assigned to positions in the acquisition
workforce or holding acquisition-related certifications.
``(B) Promotion rates for officers and members of the Coast
Guard in the acquisition workforce.
``(e) Report on Adequacy of Acquisition Workforce.--
``(1) In general.--The Commandant shall report to the
appropriate congressional committees and the Committee on
Homeland Security of the House of Representatives by July 1
of each year on the scope of the acquisition activities to be
performed in the next fiscal year and on the adequacy of the
current acquisition workforce to meet that anticipated
workload.
``(2) Contents.--The report shall--
``(A) specify the number of officers, members, and
employees of the Coast Guard currently and planned to be
assigned to each position designated under subsection (c);
and
``(B) identify positions that are understaffed to meet the
anticipated acquisition workload, and actions that will be
taken to correct such understaffing.
``(f) Appointments to Acquisition Positions.--The
Commandant shall ensure that no requirement or preference for
officers or members of the Coast Guard is used in the
consideration of persons for positions in the acquisition
workforce.
``(g) Career Paths.--
``(1) Identification of career paths.--To establish
acquisition management as a core competency of the Coast
Guard, the Commandant shall--
``(A) ensure that career paths for officers, members, and
employees of the Coast Guard who wish to pursue careers in
acquisition are identified in terms of the education,
training, experience, and assignments necessary for career
progression of those officers, members, and employees to the
most senior positions in the acquisition workforce; and
``(B) publish information on such career paths.
``(2) Promotion parity.--The Commandant shall ensure that
promotion parity is established for officers and members of
the Coast Guard who have been assigned to the acquisition
workforce relative to officers and members who have not been
assigned to the acquisition workforce.

``Sec. 563. Recognition of Coast Guard personnel for
excellence in acquisition

``(a) In General.--Not later than 180 days after the date
of enactment of the Coast Guard Authorization Act for Fiscal
Years 2010 and 2011, the Commandant shall commence
implementation of a program to recognize excellent
performance by individuals and teams comprised of officers,
members, and employees of the Coast Guard that contributed to
the long-term success of a Coast Guard acquisition project or
program.
``(b) Elements.--The program shall include--
``(1) specific award categories, criteria, and eligibility
and manners of recognition;
``(2) procedures for the nomination by personnel of the
Coast Guard of individuals and teams comprised of officers,
members, and employees of the Coast Guard for recognition
under the program; and
``(3) procedures for the evaluation of nominations for
recognition under the program by one or more panels of
individuals from the Government, academia, and the private
sector who have such expertise and are appointed in such
manner as the Commandant shall establish for the purposes of
this program.
``(c) Award of Cash Bonuses.--As part of the program
required by subsection (a), the Commandant, subject to the
availability of appropriations, may award to any civilian
employee recognized pursuant to the program a cash bonus to
the extent that the performance of such individual so
recognized warrants the award of such bonus.

``Sec. 564. Prohibition on use of lead systems integrators

``(a) In General.--
``(1) Use of lead systems integrator.--Except as provided
in subsection (b), the Commandant may not use a private
sector entity as a lead systems integrator for an acquisition
contract awarded or delivery order or task order issued after
the date of enactment of the Coast Guard Authorization Act
for Fiscal Years 2010 and 2011.
``(2) Full and open competition.--The Commandant and any
lead systems integrator engaged by the Coast Guard, pursuant
to the exceptions described in subsection (b), shall use full
and open competition for any acquisition contract awarded
after the date of enactment of that Act, unless otherwise

[[Page H7111]]

excepted in accordance with Federal acquisition laws and
regulations promulgated under those laws, including the
Federal Acquisition Regulation.
``(3) No effect on small business act.--Nothing in this
subsection shall be construed to supersede or otherwise
affect the authorities provided by and under the Small
Business Act (15 U.S.C. 631 et seq.).
``(b) Exceptions.--
``(1) National distress and response system modernization
program; c4isr; national security cutters 2 and 3.--
Notwithstanding subsection (a), the Commandant may use a
private sector entity as a lead systems integrator for the
Coast Guard to complete the National Distress and Response
System Modernization Program (otherwise known as the `Rescue
21' program), the C4ISR projects directly related to the
Integrated Deepwater program, and National Security Cutters 2
and 3, if the Secretary of the department in which the Coast
Guard is operating certifies that--
``(A) the acquisition is in accordance with Federal law and
the Federal Acquisition Regulation; and
``(B) the acquisition and the use of a private sector lead
systems integrator for the acquisition is in the best
interest of the Federal Government.
``(2) Report on decisionmaking process.--If the Commandant
uses a private sector lead systems integrator for an
acquisition, the Commandant shall notify in writing the
appropriate congressional committees of the Commandant's
determination and shall provide to such committees a detailed
rationale for the determination, at least 30 days before the
award of a contract or issuance of a delivery order or task
order, using a private sector lead systems integrator,
including a comparison of the cost of the acquisition through
the private sector lead systems integrator with the expected
cost if the acquisition were awarded directly to the
manufacturer or shipyard. For purposes of that comparison,
the cost of award directly to a manufacturer or shipyard
shall include the costs of Government contract management and
oversight.
``(c) Limitation on Lead Systems Integrators.--Neither an
entity performing lead systems integrator functions for a
Coast Guard acquisition nor a Tier 1 subcontractor for any
acquisition may have a financial interest in a subcontractor
below the Tier 1 subcontractor level unless--
``(1) the subcontractor was selected by the prime
contractor through full and open competition for such
procurement;
``(2) the procurement was awarded by the lead systems
integrator or a subcontractor through full and open
competition;
``(3) the procurement was awarded by a subcontractor
through a process over which the lead systems integrator and
a Tier 1 subcontractor exercised no control; or
``(4) the Commandant has determined that the procurement
was awarded in a manner consistent with Federal acquisition
laws and regulations promulgated under those laws, including
the Federal Acquisition Regulation.
``(d) Termination Date for Exceptions.--Except as described
in subsection (b)(1), the Commandant may not use a private
sector entity as a lead systems integrator for acquisition
contracts awarded, or task orders or delivery orders issued,
after the earlier of--
``(1) September 30, 2011; or
``(2) the date on which the Commandant certifies in writing
to the appropriate congressional committees that the Coast
Guard has available and can retain sufficient acquisition
workforce personnel and expertise within the Coast Guard,
through an arrangement with other Federal agencies, or
through contracts or other arrangements with private sector
entities, to perform the functions and responsibilities of
the lead systems integrator in an efficient and cost-
effective manner.

``Sec. 565. Required contract terms

``(a) In General.--The Commandant shall ensure that a
contract awarded or a delivery order or task order issued for
an acquisition of a capability or an asset with an expected
service life of 10 or more years and with a total acquisition
cost that is equal to or exceeds $10,000,000 awarded or
issued by the Coast Guard after the date of enactment of the
Coast Guard Authorization Act for Fiscal Years 2010 and
2011--
``(1) provides that all certifications for an end-state
capability or asset under such contract, delivery order, or
task order, respectively, will be conducted by the Commandant
or an independent third party, and that self-certification by
a contractor or subcontractor is not allowed;
``(2) provides that the Commandant shall maintain the
authority to establish, approve, and maintain technical
requirements;
``(3) requires that any measurement of contractor and
subcontractor performance be based on the status of all work
performed, including the extent to which the work performed
met all performance, cost, and schedule requirements;
``(4) specifies that, for the acquisition or upgrade of
air, surface, or shore capabilities and assets for which
compliance with TEMPEST certification is a requirement, the
standard for determining such compliance will be the air,
surface, or shore standard then used by the Department of the
Navy for that type of capability or asset; and
``(5) for any contract awarded to acquire an Offshore
Patrol Cutter, includes provisions specifying the service
life, fatigue life, and days underway in general Atlantic and
North Pacific Sea conditions, maximum range, and maximum
speed the cutter will be built to achieve.
``(b) Prohibited Provisions.--
``(1) In general.--The Commandant shall ensure that any
contract awarded or delivery order or task order issued by
the Coast Guard after the date of enactment of the Coast
Guard Authorization Act of 2010 does not include any
provision allowing for equitable adjustment that is not
consistent with the Federal Acquisition Regulations.
``(2) Extension of program.--A contract, contract
modification, or award term extending a contract with a lead
systems integrator--
``(A) may not include any minimum requirements for the
purchase of a given or determinable number of specific
capabilities or assets; and
``(B) shall be reviewed by an independent third party with
expertise in acquisition management, and the results of that
review shall be submitted to the appropriate congressional
committees at least 60 days prior to the award of the
contract, contract modification, or award term.
``(c) Integrated Product Teams.--Integrated product teams,
and all teams that oversee integrated product teams, shall be
chaired by officers, members, or employees of the Coast
Guard.
``(d) Technical Authority.--The Commandant shall maintain
or designate the technical authority to establish, approve,
and maintain technical requirements. Any such designation
shall be made in writing and may not be delegated to the
authority of the Chief Acquisition Officer established by
section 56 of this title.

``Sec. 566. Department of Defense consultation

``(a) In General.--The Commandant shall make arrangements
as appropriate with the Secretary of Defense for support in
contracting and management of Coast Guard acquisition
programs. The Commandant shall also seek opportunities to
make use of Department of Defense contracts, and contracts of
other appropriate agencies, to obtain the best possible price
for assets acquired for the Coast Guard.
``(b) Interservice Technical Assistance.--The Commandant
shall seek to enter into a memorandum of understanding or a
memorandum of agreement with the Secretary of the Navy to
obtain the assistance of the Office of the Assistant
Secretary of the Navy for Research, Development, and
Acquisition, including the Navy Systems Command, with the
oversight of Coast Guard major acquisition programs. The
memorandum of understanding or memorandum of agreement shall,
at a minimum, provide for--
``(1) the exchange of technical assistance and support that
the Assistant Commandants for Acquisition, Human Resources,
Engineering, and Information technology may identify;
``(2) the use, as appropriate, of Navy technical expertise;
and
``(3) the temporary assignment or exchange of personnel
between the Coast Guard and the Office of the Assistant
Secretary of the Navy for Research, Development, and
Acquisition, including Naval Systems Command, to facilitate
the development of organic capabilities in the Coast Guard.
``(c) Technical Requirement Approval Procedures.--The Chief
Acquisition Officer shall adopt, to the extent practicable,
procedures modeled after those used by the Navy Senior
Acquisition Official to approve all technical requirements.
``(d) Assessment.--Within 180 days after the date of
enactment of the Coast Guard Authorization Act for fiscal
years 2010 and 2011, the Comptroller General of the United
States shall transmit a report to the appropriate
congressional committees that--
``(1) contains an assessment of current Coast Guard
acquisition and management capabilities to manage Level 1 and
Level 2 acquisitions;
``(2) includes recommendations as to how the Coast Guard
can improve its acquisition management, either through
internal reforms or by seeking acquisition expertise from the
Department of Defense; and
``(3) addresses specifically the question of whether the
Coast Guard can better leverage Department of Defense or
other agencies' contracts that would meet the needs of Level
1 or Level 2 acquisitions in order to obtain the best
possible price.

``Sec. 567. Undefinitized contractual actions

``(a) In General.--The Coast Guard may not enter into an
undefinitized contractual action unless such action is
directly approved by the Head of Contracting Activity of the
Coast Guard.
``(b) Requests for Undefinitized Contractual Actions.--Any
request to the Head of Contracting Activity for approval of
an undefinitized contractual action shall include a
description of the anticipated effect on requirements of the
Coast Guard if a delay is incurred for the purposes of
determining contractual terms, specifications, and price
before performance is begun under the contractual action.
``(c) Requirements for Undefinitized Contractual Actions.--
``(1) Deadline for agreement on terms, specifications, and
price.--A contracting officer of the Coast Guard may not
enter into an undefinitized contractual action unless the
contractual action provides for agreement upon contractual
terms, specification, and price by the earlier of--

[[Page H7112]]

``(A) the end of the 180-day period beginning on the date
on which the contractor submits a qualifying proposal to
definitize the contractual terms, specifications, and price;
or
``(B) the date on which the amount of funds obligated under
the contractual action is equal to more than 50 percent of
the negotiated overall ceiling price for the contractual
action.
``(2) Limitation on obligations.--
``(A) In general.--Except as provided in subparagraph (B),
the contracting officer for an undefinitized contractual
action may not obligate under such contractual action an
amount that exceeds 50 percent of the negotiated overall
ceiling price until the contractual terms, specifications,
and price are definitized for such contractual action.
``(B) Exception.--Notwithstanding subparagraph (A), if a
contractor submits a qualifying proposal to definitize an
undefinitized contractual action before an amount that
exceeds 50 percent of the negotiated overall ceiling price is
obligated on such action, the contracting officer for such
action may not obligate with respect to such contractual
action an amount that exceeds 75 percent of the negotiated
overall ceiling price until the contractual terms,
specifications, and price are definitized for such
contractual action.
``(3) Waiver.--The Commandant may waive the application of
this subsection with respect to a contract if the Commandant
determines that the waiver is necessary to support--
``(A) a contingency operation (as that term is defined in
section 101(a)(13) of title 10);
``(B) operations to prevent or respond to a transportation
security incident (as defined in section 70101(6) of title
46);
``(C) an operation in response to an emergency that poses
an unacceptable threat to human health or safety or to the
marine environment; or
``(D) an operation in response to a natural disaster or
major disaster or emergency designated by the President under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
``(4) Limitation on application.--This subsection does not
apply to an undefinitized contractual action for the purchase
of initial spares.
``(d) Inclusion of Nonurgent Requirements.--Requirements
for spare parts and support equipment that are not needed on
an urgent basis may not be included in an undefinitized
contractual action by the Coast Guard for spare parts and
support equipment that are needed on an urgent basis unless
the Commandant approves such inclusion as being--
``(1) good business practice; and
``(2) in the best interests of the United States.
``(e) Modification of Scope.--The scope of an undefinitized
contractual action under which performance has begun may not
be modified unless the Commandant approves such modification
as being--
``(1) good business practice; and
``(2) in the best interests of the United States.
``(f) Allowable Profit.--The Commandant shall ensure that
the profit allowed on an undefinitized contractual action for
which the final price is negotiated after a substantial
portion of the performance required is completed reflects--
``(1) the possible reduced cost risk of the contractor with
respect to costs incurred during performance of the contract
before the final price is negotiated; and
``(2) the reduced cost risk of the contractor with respect
to costs incurred during performance of the remaining portion
of the contract.
``(g) Definitions.--In this section:
``(1) Undefinitized contractual action.--
``(A) In general.--Except as provided in subparagraph (B),
the term `undefinitized contractual action' means a new
procurement action entered into by the Coast Guard for which
the contractual terms, specifications, or price are not
agreed upon before performance is begun under the action.
``(B) Exclusion.--The term `undefinitized contractual
action' does not include contractual actions with respect
to--
``(i) foreign military sales;
``(ii) purchases in an amount not in excess of the amount
of the simplified acquisition threshold; or
``(iii) special access programs.
``(2) Qualifying proposal.--The term `qualifying proposal'
means a proposal that contains sufficient information to
enable complete and meaningful audits of the information
contained in the proposal as determined by the contracting
officer.

``Sec. 568. Guidance on excessive pass-through charges

``(a) In General.--Not later than 180 days after the date
of enactment of the Coast Guard Authorization Act for Fiscal
Years 2010 and 2011, the Commandant shall issue guidance to
ensure that pass-through charges on contracts, subcontracts,
delivery orders, and task orders that are entered into with a
private entity acting as a lead systems integrator by or on
behalf of the Coast Guard are not excessive in relation to
the cost of work performed by the relevant contractor or
subcontractor. The guidance shall, at a minimum--
``(1) set forth clear standards for determining when no, or
negligible, value has been added to a contract by a
contractor or subcontractor;
``(2) set forth procedures for preventing the payment by
the Government of excessive pass-through charges; and
``(3) identify any exceptions determined by the Commandant
to be in the best interest of the Government.
``(b) Excessive Pass-Through Charge Defined.--In this
section the term `excessive pass-through charge', with
respect to a contractor or subcontractor that adds no, or
negligible, value to a contract or subcontract, means a
charge to the Government by the contractor or subcontractor
that is for overhead or profit on work performed by a lower
tier contractor or subcontractor, other than reasonable
charges for the direct costs of managing lower tier
contractors and subcontracts and overhead and profit based on
such direct costs.
``(c) Application of Guidance.--The guidance under this
subsection shall apply to contracts awarded to a private
entity acting as a lead systems integrator by or on behalf of
the Coast Guard on or after the date that is 360 days after
the date of enactment of the Coast Guard Authorization Act
for Fiscal Years 2010 and 2011.

``Sec. 569. Report on former Coast Guard officials employed
by contractors to the agency

``(a) Report Required.--Not later than December 31, 2011,
and annually thereafter, the Comptroller General of the
United States shall submit a report to the appropriate
congressional committees on the employment during the
preceding year by Coast Guard contractors of individuals who
were Coast Guard officials in the previous 5-year period. The
report shall assess the extent to which former Coast Guard
officials were provided compensation by Coast Guard
contractors in the preceding calendar year.
``(b) Objectives of Report.--At a minimum, the report
required by this section shall assess the extent to which
former Coast Guard officials who receive compensation from
Coast Guard contractors have been assigned by those
contractors to work on contracts or programs between the
contractor and the Coast Guard, including contracts or
programs for which the former official personally had
oversight responsibility or decisionmaking authority when
they served in or worked for the Coast Guard.
``(c) Confidentiality Requirement.--The report required by
this subsection shall not include the names of the former
Coast Guard officials who receive compensation from Coast
Guard contractors.
``(d) Access to Information.--A Coast Guard contractor
shall provide the Comptroller General access to information
requested by the Comptroller General for the purpose of
conducting the study required by this section.
``(e) Definitions.--In this section:
``(1) Coast guard contractor.--The term `Coast Guard
contractor' includes any person that received at least
$10,000,000 in contractor awards from the Coast Guard in the
calendar year covered by the annual report.
``(2) Coast guard official.--The term `Coast Guard
official' includes former officers of the Coast Guard who
were compensated at a rate of pay for grade O-7 or above
during the calendar year prior to the date on which they
separated from the Coast Guard, and former civilian employees
of the Coast Guard who served at any Level of the Senior
Executive Service under subchapter VIII of chapter 53 of
title 5, United States Code, during the calendar year prior
to the date on which they separated from the Coast Guard.

``SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

``Sec. 571. Identification of major system acquisitions

``(a) In General.--
``(1) Support mechanisms.--The Commandant shall develop and
implement mechanisms to support the establishment of mature
and stable operational requirements for all acquisitions.
``(2) Mission analysis; affordability assessment.--The
Commandant may not initiate a Level 1 or Level 2 acquisition
project or program until the Commandant--
``(A) completes a mission analysis that--
``(i) identifies the specific capability gaps to be
addressed by the project or program; and
``(ii) develops a clear mission need to be addressed by the
project or program; and
``(B) prepares a preliminary affordability assessment for
the project or program.
``(b) Elements.--
``(1) Requirements.--The mechanisms required by subsection
(a) shall ensure the implementation of a formal process for
the development of a mission-needs statement, concept-of-
operations document, capability development plan, and
resource proposal for the initial project or program funding,
and shall ensure the project or program is included in the
Coast Guard Capital Investment Plan.
``(2) Assessment of trade-offs.--In conducting an
affordability assessment under subsection (a)(2)(B), the
Commandant shall develop and implement mechanisms to ensure
that trade-offs among cost, schedule, and performance are
considered in the establishment of preliminary operational
requirements for development and production of new assets and
capabilities for Level 1 and Level 2 acquisitions projects
and programs.
``(c) Human Resource Capital Planning.--The Commandant
shall develop staffing predictions, define human capital
performance initiatives, and identify preliminary training

[[Page H7113]]

needs required to implement each Level 1 and Level 2
acquisition project and program.

``Sec. 572. Acquisition

``(a) In General.--The Commandant may not establish a Level
1 or Level 2 acquisition project or program until the
Commandant--
``(1) clearly defines the operational requirements for the
project or program;
``(2) establishes the feasibility of alternatives;
``(3) develops an acquisition project or program baseline;
``(4) produces a life-cycle cost estimate; and
``(5) assesses the relative merits of alternatives to
determine a preferred solution in accordance with the
requirements of this section.
``(b) Submission Required Before Proceeding.--Any Coast
Guard Level 1 or Level 2 acquisition project or program may
not begin to obtain any capability or asset or proceed beyond
that phase of its development that entails approving the
supporting acquisition until the Commandant submits to the
appropriate congressional committees the following:
``(1) The key performance parameters, the key system
attributes, and the operational performance attributes of the
capability or asset to be acquired under the proposed
acquisition project or program.
``(2) A detailed list of the systems or other capabilities
with which the capability or asset to be acquired is intended
to be interoperable, including an explanation of the
attributes of interoperability.
``(3) The anticipated acquisition project or program
baseline and acquisition unit cost for the capability or
asset to be acquired under the project or program.
``(4) A detailed schedule for the acquisition process
showing when all capability and asset acquisitions are to be
completed and when all acquired capabilities and assets are
to be initially and fully deployed.
``(c) Analysis of Alternatives.--
``(1) In general.--The Coast Guard may not acquire an
experimental or technically immature capability or asset or
implement a Level 1 or Level 2 acquisition project or
program, unless it has prepared an analysis of alternatives
for the capability or asset to be acquired in the concept and
technology development phase of the acquisition process for
the capability or asset.
``(2) Requirements.--The analysis of alternatives shall be
prepared by a federally funded research and development
center, a qualified entity of the Department of Defense, or a
similar independent third-party entity that has appropriate
acquisition expertise and has no financial interest in any
part of the acquisition project or program that is the
subject of the analysis. At a minimum, the analysis of
alternatives shall include--
``(A) an assessment of the technical maturity of the
capability or asset, and technical and other risks;
``(B) an examination of capability, interoperability, and
other advantages and disadvantages;
``(C) an evaluation of whether different combinations or
quantities of specific assets or capabilities could meet the
Coast Guard's overall performance needs;
``(D) a discussion of key assumptions and variables, and
sensitivity to change in such assumptions and variables;
``(E) when an alternative is an existing capability, asset,
or prototype, an evaluation of relevant safety and
performance records and costs;
``(F) a calculation of life-cycle costs including--
``(i) an examination of likely research and development
costs and the levels of uncertainty associated with such
estimated costs;
``(ii) an examination of likely production and deployment
costs and the levels of uncertainty associated with such
estimated costs;
``(iii) an examination of likely operating and support
costs and the levels of uncertainty associated with such
estimated costs;
``(iv) if they are likely to be significant, an examination
of likely disposal costs and the levels of uncertainty
associated with such estimated costs; and
``(v) such additional measures as the Commandant or the
Secretary of the department in which the Coast Guard is
operating determines to be necessary for appropriate
evaluation of the capability or asset; and
``(G) the business case for each viable alternative.
``(d) Test and Evaluation Master Plan.--
``(1) In general.--For any Level 1 or Level 2 acquisition
project or program the Chief Acquisition Officer must approve
a test and evaluation master plan specific to the acquisition
project or program for the capability, asset, or subsystems
of the capability or asset and intended to minimize
technical, cost, and schedule risk as early as practicable in
the development of the project or program.
``(2) Test and evaluation strategy.--The master plan
shall--
``(A) set forth an integrated test and evaluation strategy
that will verify that capability-level or asset-level and
subsystem-level design and development, including performance
and supportability, have been sufficiently proven before the
capability, asset, or subsystem of the capability or asset is
approved for production; and
``(B) require that adequate developmental tests and
evaluations and operational tests and evaluations established
under subparagraph (A) are performed to inform production
decisions.
``(3) Other components of the master plan.--At a minimum,
the master plan shall identify--
``(A) the key performance parameters to be resolved through
the integrated test and evaluation strategy;
``(B) critical operational issues to be assessed in
addition to the key performance parameters;
``(C) specific development test and evaluation phases and
the scope of each phase;
``(D) modeling and simulation activities to be performed,
if any, and the scope of such activities;
``(E) early operational assessments to be performed, if
any, and the scope of such assessments;
``(F) operational test and evaluation phases;
``(G) an estimate of the resources, including funds, that
will be required for all test, evaluation, assessment,
modeling, and simulation activities; and
``(H) the Government entity or independent entity that will
perform the test, evaluation, assessment, modeling, and
simulation activities.
``(4) Update.--The Chief Acquisition Officer must approve
an updated master plan whenever there is a revision to
project or program test and evaluation strategy, scope, or
phasing.
``(5) Limitation.--The Coast Guard may not--
``(A) proceed beyond that phase of the acquisition process
that entails approving the supporting acquisition of a
capability or asset before the master plan is approved by the
Chief Acquisition Officer; or
``(B) award any production contract for a capability,
asset, or subsystem for which a master plan is required under
this subsection before the master plan is approved by the
Chief Acquisition Officer.
``(e) Life-Cycle Cost Estimates.--
``(1) In general.--The Commandant shall implement
mechanisms to ensure the development and regular updating of
life-cycle cost estimates for each acquisition with a total
acquisition cost that equals or exceeds $10,000,000 and an
expected service life of 10 or more years, and to ensure that
these estimates are considered in decisions to develop or
produce new or enhanced capabilities and assets.
``(2) Types of estimates.--In addition to life-cycle cost
estimates that may be developed by acquisition program
offices, the Commandant shall require that an independent
life-cycle cost estimate be developed for each Level 1 or
Level 2 acquisition project or program.
``(3) Required updates.--For each Level 1 or Level 2
acquisition project or program the Commandant shall require
that life-cycle cost estimates shall be updated before each
milestone decision is concluded and the project or program
enters a new acquisition phase.

``Sec. 573. Preliminary development and demonstration

``(a) In General.--The Commandant shall ensure that
developmental test and evaluation, operational test and
evaluation, life-cycle cost estimates, and the development
and demonstration requirements applied by this chapter to
acquisition projects and programs are met to confirm that the
projects or programs meet the requirements identified in the
mission-analysis and affordability assessment prepared under
section 571(a)(2), the operational requirements developed
under section 572(a)(1) and the following development and
demonstration objectives:
``(1) To demonstrate that the design, manufacturing, and
production solution is based upon a stable, producible, and
cost-effective product design.
``(2) To ensure that the product capabilities meet contract
specifications, acceptable operational performance
requirements, and system security requirements.
``(3) To ensure that the product design is mature enough to
commit to full production and deployment.
``(b) Tests and Evaluations.--
``(1) In general.--The Commandant shall ensure that the
Coast Guard conducts developmental tests and evaluations and
operational tests and evaluations of a capability or asset
and the subsystems of the capability or asset in accordance
with the master plan prepared for the capability or asset
under section 572(d)(1).
``(2) Use of third parties.--The Commandant shall ensure
that the Coast Guard uses independent third parties with
expertise in testing and evaluating the capabilities or
assets and the subsystems of the capabilities or assets being
acquired to conduct developmental tests and evaluations and
operational tests and evaluations whenever the Coast Guard
lacks the capability to conduct the tests and evaluations
required by a master plan.
``(3) Communication of safety concerns.--The Commandant
shall require that safety concerns identified during
developmental or operational tests and evaluations or through
independent or Government-conducted design assessments of
capabilities or assets and subsystems of capabilities or
assets to be acquired by the Coast Guard shall be
communicated as soon as practicable, but not later than 30
days after the completion of the test or assessment event or
activity that identified the safety concern, to the program
manager for the capability or asset and the subsystems
concerned and to the Chief Acquisition Officer.
``(4) Reporting of safety concerns.--Any safety concerns
that have been reported to

[[Page H7114]]

the Chief Acquisition Officer for an acquisition program or
project shall be reported by the Commandant to the
appropriate congressional committees at least 90 days before
the award of any contract or issuance of any delivery order
or task order for low, initial, or full-rate production of
the capability or asset concerned if they will remain
uncorrected or unmitigated at the time such a contract is
awarded or delivery order or task order is issued. The report
shall include a justification for the approval of that level
of production of the capability or asset before the safety
concerns are corrected or mitigated. The report shall also
include an explanation of the actions that will be taken to
correct or mitigate the safety concerns, the date by which
those actions will be taken, and the adequacy of current
funding to correct or mitigate the safety concerns.
``(5) Asset already in low, initial, or full-rate
production.--If operational test and evaluation of a
capability or asset already in low, initial, or full-rate
production identifies a safety concern with the capability or
asset or any subsystems of the capability or asset not
previously identified during developmental or operational
test and evaluation, the Commandant shall--
``(A) notify the program manager and the Chief Acquisition
Officer of the safety concern as soon as practicable, but not
later than 30 days after the completion of the test and
evaluation event or activity that identified the safety
concern; and
``(B) notify the Chief Acquisition Officer and include in
such notification--
``(i) an explanation of the actions that will be taken to
correct or mitigate the safety concern in all capabilities or
assets and subsystems of the capabilities or assets yet to be
produced, and the date by which those actions will be taken;
``(ii) an explanation of the actions that will be taken to
correct or mitigate the safety concern in previously produced
capabilities or assets and subsystems of the capabilities or
assets, and the date by which those actions will be taken;
and
``(iii) an assessment of the adequacy of current funding to
correct or mitigate the safety concern in capabilities or
assets and subsystems of the capabilities or assets and in
previously produced capabilities or assets and subsystems.
``(c) Technical Certification.--
``(1) In general.--The Commandant shall ensure that any
Level 1 or Level 2 acquisition project or program is
certified by the technical authority of the Coast Guard after
review by an independent third party with capabilities in the
mission area, asset, or particular asset component.
``(2) TEMPEST testing.--The Commandant shall--
``(A) cause all electronics on all aircraft, surface, and
shore capabilities and assets that require TEMPEST
certification and that are delivered after the date of
enactment of the Coast Guard Authorization Act of 2010 to be
tested in accordance with TEMPEST standards and
communications security (comsec) standards by an independent
third party that is authorized by the Federal Government to
perform such testing; and
``(B) certify that the assets meet all applicable TEMPEST
requirements.
``(3) Cutter classification.--
``(A) In general.--The Commandant shall cause each cutter,
other than a National Security Cutter, acquired by the Coast
Guard and delivered after the date of enactment of the Coast
Guard Authorization Act of 2010 to be classed by the American
Bureau of Shipping before final acceptance.
``(B) Reports.--Not later than December 31, 2011, and
biennially thereafter, the Commandant shall provide a report
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate identifying which,
if any, Coast Guard cutters that have been issued a
certificate of classification by the American Bureau of
Shipping have not been maintained in class and detailing the
reasons why they have not been maintained in class.
``(4) Other vessels.--The Commandant shall cause the design
and construction of each National Security Cutter, other than
National Security Cutters 1, 2, and 3, to be assessed by an
independent third party with expertise in vessel design and
construction certification.
``(5) Aircraft airworthiness.--The Commandant shall cause
all aircraft and aircraft engines acquired by the Coast Guard
and delivered after the date of enactment of the Coast Guard
Authorization Act of 2010 to be assessed for airworthiness by
an independent third party with expertise in aircraft and
aircraft engine certification before final acceptance.

``Sec. 574. Acquisition, production, deployment, and support

``(a) In General.--The Commandant shall--
``(1) ensure there is a stable and efficient production and
support capability to develop an asset or capability for the
Coast Guard;
``(2) conduct follow-on testing to confirm and monitor
performance and correct deficiencies; and
``(3) conduct acceptance tests and trials prior to the
delivery of each asset or system to ensure the delivered
asset or system achieves full operational capability.
``(b) Elements.--The Commandant shall--
``(1) execute production contracts;
``(2) ensure that delivered assets and capabilities meet
operational cost and schedules requirements established in
the acquisition program baseline;
``(3) validate manpower and training requirements to meet
system needs to operate, maintain, support, and instruct the
assets or capabilities; and
``(4) prepare an acquisition project or program transition
plan to enter into programmatic sustainment, operations, and
support.

``Sec. 575. Acquisition program baseline breach

``(a) In General.--The Commandant shall submit a report to
the appropriate congressional committees and the Committee on
Homeland Security of the House of Representatives as soon as
possible, but not later than 30 days, after the Chief
Acquisition Officer of the Coast Guard becomes aware of the
breach of an acquisition program baseline for any Level 1 or
Level 2 acquisition program, by--
``(1) a likely cost overrun greater than 15 percent of the
acquisition program baseline for that individual capability
or asset or a class of capabilities or assets;
``(2) a likely delay of more than 180 days in the delivery
schedule for any individual capability or asset or class of
capabilities or assets; or
``(3) an anticipated failure for any individual capability
or asset or class of capabilities or assets to satisfy any
key performance threshold or parameter under the acquisition
program baseline.
``(b) Content.--The report submitted under subsection (a)
shall include--
``(1) a detailed description of the breach and an
explanation of its cause;
``(2) the projected impact to performance, cost, and
schedule;
``(3) an updated acquisition program baseline and the
complete history of changes to the original acquisition
program baseline;
``(4) the updated acquisition schedule and the complete
history of changes to the original schedule;
``(5) a full life-cycle cost analysis for the capability or
asset or class of capabilities or assets;
``(6) a remediation plan identifying corrective actions and
any resulting issues or risks; and
``(7) a description of how progress in the remediation plan
will be measured and monitored.
``(c) Substantial Variances in Costs or Schedule.--If a
likely cost overrun is greater than 20 percent or a likely
delay is greater than 12 months from the costs and schedule
described in the acquisition program baseline for any Level 1
or Level 2 acquisition project or program of the Coast Guard,
the Commandant shall include in the report a written
certification, with a supporting explanation, that--
``(1) the capability or asset or capability or asset class
to be acquired under the project or program is essential to
the accomplishment of Coast Guard missions;
``(2) there are no alternatives to such capability or asset
or capability or asset class that will provide equal or
greater capability in both a more cost-effective and timely
manner;
``(3) the new acquisition schedule and estimates for total
acquisition cost are reasonable; and
``(4) the management structure for the acquisition program
is adequate to manage and control performance, cost, and
schedule.

``Sec. 576. Acquisition approval authority

``Nothing in this subchapter shall be construed as altering
or diminishing in any way the statutory authority and
responsibility of the Secretary of the department in which
the Coast Guard is operating, or the Secretary's designee,
to--
``(1) manage and administer department procurements,
including procurements by department components, as required
by section 701 of the Homeland Security Act of 2002 (6 U.S.C.
341); or
``(2) manage department acquisition activities and act as
the Acquisition Decision Authority with regard to the review
or approval of a Coast Guard Level 1 or Level 2 acquisition
project or program, as required by section 16 of the Office
of Federal Procurement Policy Act (41 U.S.C. 414) and related
implementing regulations and directives.

``SUBCHAPTER III--DEFINITIONS

``Sec. 581. Definitions

``In this chapter:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(2) Chief acquisition officer.--The term `Chief
Acquisition Officer' means the officer appointed under
section 56 of this title.
``(3) Commandant.--The term `Commandant' means the
Commandant of the Coast Guard.
``(4) Level 1 acquisition.--The term `Level 1 acquisition'
means--
``(A) an acquisition by the Coast Guard--
``(i) the estimated life-cycle costs of which exceed
$1,000,000,000; or
``(ii) the estimated total acquisition costs of which
exceed $300,000,000; or
``(B) any acquisition that the Chief Acquisition Officer of
the Coast Guard determines to have a special interest--
``(i) due to--

``(I) the experimental or technically immature nature of
the asset;

[[Page H7115]]

``(II) the technological complexity of the asset;
``(III) the commitment of resources; or
``(IV) the nature of the capability or set of capabilities
to be achieved; or

``(ii) because such acquisition is a joint acquisition.
``(5) Level 2 acquisition.--The term `Level 2 acquisition'
means an acquisition by the Coast Guard--
``(A) the estimated life-cycle costs of which are equal to
or less than $1,000,000,000, but greater than $300,000,000;
or
``(B) the estimated total acquisition costs of which are
equal to or less than $300,000,0000, but greater than
$100,000,000.
``(6) Life-cycle cost.--The term `life-cycle cost' means
all costs for development, procurement, construction, and
operations and support for a particular capability or asset,
without regard to funding source or management control.
``(7) Project or program manager defined.--The term
`project or program manager' means an individual designated--
``(A) to develop, produce, and deploy a new asset to meet
identified operational requirements; and
``(B) to manage cost, schedule, and performance of the
acquisition, project, or program.
``(8) Safety concern.--The term `safety concern' means any
hazard associated with a capability or asset or a subsystem
of a capability or asset that is likely to cause serious
bodily injury or death to a typical Coast Guard user in
testing, maintaining, repairing, or operating the capability,
asset, or subsystem or any hazard associated with the
capability, asset, or subsystem that is likely to cause major
damage to the capability, asset, or subsystem during the
course of its normal operation by a typical Coast Guard user.
``(9) Developmental test and evaluation.--The term
`developmental test and evaluation' means--
``(A) the testing of a capability or asset and the
subsystems of the capability or asset to determine whether
they meet all contractual performance requirements, including
technical performance requirements, supportability
requirements, and interoperability requirements and related
specifications; and
``(B) the evaluation of the results of such testing.
``(10) Operational test and evaluation.--The term
`operational test and evaluation' means--
``(A) the testing of a capability or asset and the
subsystems of the capability or asset, under conditions
similar to those in which the capability or asset and
subsystems will actually be deployed, for the purpose of
determining the effectiveness and suitability of the
capability or asset and subsystems for use by typical Coast
Guard users to conduct those missions for which the
capability or asset and subsystems are intended to be used;
and
``(B) the evaluation of the results of such testing.''.
(b) Conforming Amendment.--The part analysis for part I of
title 14, United States Code, is amended by inserting after
the item relating to chapter 13 the following:

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

SEC. 403. NATIONAL SECURITY CUTTERS.

(a) National Security Cutters 1 and 2.--Not later than 90
days before the Coast Guard awards any contract or issues any
delivery order or task order to strengthen the hull of either
of National Security Cutter 1 or 2 to resolve the structural
design and performance issues identified in the Department of
Homeland Security Inspector General's Report OIG-07-23 dated
January 2007, the Commandant shall submit to the appropriate
congressional committees all results of an assessment of the
proposed hull strengthening design conducted by the Coast
Guard, including--
(1) a description in detail of the extent to which the hull
strengthening measures to be implemented on those cutters
will enable the cutters to meet contract and performance
requirements;
(2) a cost-benefit analysis of the proposed hull
strengthening measures for National Security Cutters 1 and 2;
and
(3) a description of any operational restrictions that
would have to be applied to either National Security Cutter 1
or 2 if the proposed hull strengthening measures were not
implemented on either cutter.
(b) Appropriate Congressional Committees.--In this section
the term ``appropriate congressional committees'' means the
Committees on Transportation and Infrastructure and Homeland
Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.

SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

(a) In General.--For purposes of sections 3304, 5333, and
5753 of title 5, United States Code, the Commandant of the
Coast Guard may--
(1) designate any category of acquisition positions within
the Coast Guard as shortage category positions; and
(2) use the authorities in such sections to recruit and
appoint highly qualified persons directly to positions so
designated.
(b) Limitation.--The Commandant may not appoint a person to
a position of employment under this paragraph after September
30, 2012.
(c) Reports.--The Commandant shall include in reports under
section 562(d) of title 14, United States Code, as added by
this title, information described in that section regarding
positions designated under this section.

TITLE V--COAST GUARD MODERNIZATION

SEC. 501. SHORT TITLE.

This title may be cited as the ``Coast Guard Modernization
Act of 2010''.

Subtitle A--Coast Guard Leadership

SEC. 511. VICE ADMIRALS.

(a) Vice Admirals.--Section 50 of such title is amended to
read as follows:

``Sec. 50. Vice admirals

``(a)(1) The President may designate no more than 4
positions of importance and responsibility that shall be held
by officers who--
``(A) while so serving, shall have the grade of vice
admiral, with the pay and allowances of that grade; and
``(B) shall perform such duties as the Commandant may
prescribe.
``(2) The President may appoint, by and with the advice and
consent of the Senate, and reappoint, by and with the advice
and consent of the Senate, to any such position an officer of
the Coast Guard who is serving on active duty above the grade
of captain. The Commandant shall make recommendations for
such appointments.
``(3) (A) Except as provided in subparagraph (B), one of
the vice admirals designated under paragraph (1) must have at
least 10 years experience in vessel inspection, marine
casualty investigations, mariner licensing, or an equivalent
technical expertise in the design and construction of
commercial vessels, with at least 4 years of leadership
experience at a staff or unit carrying out marine safety
functions and shall serve as the principal advisor to the
Commandant on these issues.
``(B) The requirements of subparagraph (A) do not apply to
such vice admiral if the subordinate officer serving in the
grade of rear admiral with responsibilities for marine
safety, security, and stewrdship possesses that experience.
``(b)(1) The appointment and the grade of vice admiral
shall be effective on the date the officer assumes that duty
and, except as provided in paragraph (2) of this subsection
or in section 51(d) of this title, shall terminate on the
date the officer is detached from that duty.
``(2) An officer who is appointed to a position designated
under subsection (a) shall continue to hold the grade of vice
admiral--
``(A) while under orders transferring the officer to
another position designated under subsection (a), beginning
on the date the officer is detached from that duty and
terminating on the date before the day the officer assumes
the subsequent duty, but not for more than 60 days;
``(B) while hospitalized, beginning on the day of the
hospitalization and ending on the day the officer is
discharged from the hospital, but not for more than 180 days;
and
``(C) while awaiting retirement, beginning on the date the
officer is detached from duty and ending on the day before
the officer's retirement, but not for more than 60 days.
``(c)(1) An appointment of an officer under subsection (a)
does not vacate the permanent grade held by the officer.
``(2) An officer serving in a grade above rear admiral who
holds the permanent grade of rear admiral (lower half) shall
be considered for promotion to the permanent grade of rear
admiral as if the officer was serving in the officer's
permanent grade.
``(d) Whenever a vacancy occurs in a position designated
under subsection (a), the Commandant shall inform the
President of the qualifications needed by an officer serving
in that position or office to carry out effectively the
duties and responsibilities of that position or office.''.
(b) Repeal.--Section 50a of such title is repealed.
(c) Conforming Amendments.--Section 51 of such title is
amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) An officer, other than the Commandant, who, while
serving in the grade of vice admiral, is retired for physical
disability shall be placed on the retired list with the
highest grade in which that officer served.
``(b) An officer, other than the Commandant, who is retired
while serving in the grade of vice admiral, or who, after
serving at least 2\1/2\ years in the grade of vice admiral,
is retired while serving in a lower grade, may in the
discretion of the President, be retired with the highest
grade in which that officer served.
``(c) An officer, other than the Commandant, who, after
serving less than 2\1/2\ years in the grade of vice admiral,
is retired while serving in a lower grade, shall be retired
in his permanent grade.''; and
(2) by striking ``Area Commander, or Chief of Staff'' in
subsection (d)(2) and inserting ``or Vice Admiral''.
(d) Continuity of Grade.--Section 52 of title 14, United
States Code, is amended by inserting ``or admiral'' after
``vice admiral'' the first place it appears.
(e) Continuation on Active Duty.--The second sentence of
section 290(a) of title 14, United States Code, is amended to
read as follows: ``Officers, other than the Commandant,
serving for the time being or who have served in the grade of
vice admiral are not subject to consideration for
continuation under this subsection, and as to all other
provisions of this section shall be considered

[[Page H7116]]

as having been continued at the grade of rear admiral.''.
(f) Clerical Amendments.--
(1) The section caption for section 47 of such title is
amended to read as follows:

``Sec. 47. Vice commandant; appointment''.

(2) The section caption for section 52 of title 14, United
States Code, is amended to read as follows:

``Sec. 52. Vice admirals and admiral, continuity of grade''.

(3) The table of contents for chapter 3 of such title is
amended--
(A) by striking the item relating to section 47 and
inserting the following:

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

``50. Vice admirals.''; and
(D) by striking the item relating to section 52 and
inserting the following:

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

Subtitle B--Workforce Expertise

SEC. 521. PREVENTION AND RESPONSE STAFF.

(a) In General.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new sections:

``Sec. 57. Prevention and response workforces

``(a) Career Paths.--The Secretary, acting through the
Commandant, shall ensure that appropriate career paths for
civilian and military Coast Guard personnel who wish to
pursue career paths in prevention or response positions are
identified in terms of the education, training, experience,
and assignments necessary for career progression of civilians
and members of the Armed Forces to the most senior prevention
or response positions, as appropriate. The Secretary shall
make available published information on such career paths.
``(b) Qualifications for Certain Assignments.--An officer,
member, or civilian employee of the Coast Guard assigned as
a--
``(1) marine inspector shall have the training, experience,
and qualifications equivalent to that required for a similar
position at a classification society recognized by the
Secretary under section 3316 of title 46 for the type of
vessel, system, or equipment that is inspected;
``(2) marine casualty investigator shall have the training,
experience, and qualifications in investigation, marine
casualty reconstruction, evidence collection and
preservation, human factors, and documentation using best
investigation practices by Federal and non-Federal entities;
or
``(3) marine safety engineer shall have knowledge, skill,
and practical experience in--
``(A) the construction and operation of commercial vessels;
``(B) judging the character, strength, stability, and
safety qualities of such vessels and their equipment; or
``(C) the qualifications and training of vessel personnel.
``(c) Apprenticeship Requirement To Qualify for Certain
Careers.--The Commandant may require an officer, member, or
employee of the Coast Guard in training for a specialized
prevention or response career path to serve an apprenticeship
under the guidance of a qualified individual. However, an
individual in training to become a marine inspector, marine
casualty investigator, or marine safety engineer shall serve
a minimum of one-year as an apprentice unless the Commandant
authorizes a shorter period for certain qualifications.
``(d) Management Information System.--The Secretary, acting
through the Commandant, shall establish a management
information system for the prevention and response workforces
that shall provide, at a minimum, the following standardized
information on persons serving in those workforces:
``(1) Qualifications, assignment history, and tenure in
assignments.
``(2) Promotion rates for military and civilian personnel.
``(e) Assessment of Adequacy of Marine Safety Workforce.--
``(1) Report.--The Secretary, acting through the
Commandant, shall report to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate by December 1 of each year on the adequacy of the
current marine safety workforce to meet that anticipated
workload.
``(2) Contents.--The report shall specify the number of
civilian and military Coast Guard personnel currently
assigned to marine safety positions and shall identify
positions that are understaffed to meet the anticipated
marine safety workload.
``(f) Sector Chief of Prevention.--There shall be in each
Coast Guard sector a Chief of Prevention who shall be at
least a Lieutenant Commander or civilian employee within the
grade GS-13 of the General Schedule, and who shall be a--
``(1) marine inspector, qualified to inspect vessels,
vessel systems, and equipment commonly found in the sector;
and
``(2) qualified marine casualty investigator or marine
safety engineer.
``(g) Signatories of Letter of Qualification for Certain
Prevention Personnel.--Each individual signing a letter of
qualification for marine safety personnel must hold a letter
of qualification for the type being certified.
``(h) Sector Chief of Response.--There shall be in each
Coast Guard sector a Chief of Response who shall be at least
a Lieutenant Commander or civilian employee within the grade
GS-13 of the General Schedule in each Coast Guard sector.

``Sec. 58. Centers of expertise for Coast Guard prevention
and response

``(a) Establishment.--The Commandant of the Coast Guard may
establish and operate one or more centers of expertise for
prevention and response missions of the Coast Guard (in this
section referred to as a `center').
``(b) Missions.--Each center shall--
``(1) promote and facilitate education, training, and
research;
``(2) develop a repository of information on its missions
and specialties; and
``(3) perform any other missions as the Commandant may
specify.
``(c) Joint Operation With Educational Institution
Authorized.--The Commandant may enter into an agreement with
an appropriate official of an institution of higher education
to--
``(1) provide for joint operation of a center; and
``(2) provide necessary administrative services for a
center, including administration and allocation of funds.
``(d) Acceptance of Donations.--
``(1) Except as provided in paragraph (2), the Commandant
may accept, on behalf of a center, donations to be used to
defray the costs of the center or to enhance the operation of
the center. Those donations may be accepted from any State or
local government, any foreign government, any foundation or
other charitable organization (including any that is
organized or operates under the laws of a foreign country),
or any individual.
``(2) The Commandant may not accept a donation under
paragraph (1) if the acceptance of the donation would
compromise or appear to compromise--
``(A) the ability of the Coast Guard or the department in
which the Coast Guard is operating, any employee of the Coast
Guard or the department, or any member of the Armed Forces to
carry out any responsibility or duty in a fair and objective
manner; or
``(B) the integrity of any program of the Coast Guard, the
department in which the Coast Guard is operating, or of any
person involved in such a program.
``(3) The Commandant shall prescribe written guidance
setting forth the criteria to be used in determining whether
or not the acceptance of a donation from a foreign source
would have a result described in paragraph (2).

``Sec. 59. Marine industry training program

``(a) In General.--The Commandant shall, by policy,
establish a program under which an officer, member, or
employee of the Coast Guard may be assigned to a private
entity to further the institutional interests of the Coast
Guard with regard to marine safety, including for the purpose
of providing training to an officer, member, or employee.
Policies to carry out the program--
``(1) with regard to an employee of the Coast Guard, shall
include provisions, consistent with sections 3702 through
3704 of title 5, as to matters concerning--
``(A) the duration and termination of assignments;
``(B) reimbursements; and
``(C) status, entitlements, benefits, and obligations of
program participants; and
``(2) shall require the Commandant, before approving the
assignment of an officer, member, or employee of the Coast
Guard to a private entity, to determine that the assignment
is an effective use of the Coast Guard's funds, taking into
account the best interests of the Coast Guard and the costs
and benefits of alternative methods of achieving the same
results and objectives.
``(b) Annual Report.--Not later than the date of the
submission each year of the President's budget request under
section 1105 of title 31, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report that describes--
``(1) the number of officers, members, and employees of the
Coast Guard assigned to private entities under this section;
and
``(2) the specific benefit that accrues to the Coast Guard
for each assignment.''.

[[Page H7117]]

(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is further amended by adding at the
end the following new items:

``57. Prevention and response workforces.
``58. Centers of expertise for Coast Guard prevention and response.
``59. Marine industry training programs.''.

SEC. 522. MARINE SAFETY MISSION PRIORITIES AND LONG-TERM
GOALS.

(a) In General.--Chapter 21 of title 46, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2116. Marine safety strategy, goals, and performance
assessments

``(a) Long-Term Strategy and Goals.--In conjunction with
existing federally required strategic planning efforts, the
Secretary shall develop a long-term strategy for improving
vessel safety and the safety of individuals on vessels. The
strategy shall include the issuance each year of an annual
plan and schedule for achieving the following goals:
``(1) Reducing the number and rates of marine casualties.
``(2) Improving the consistency and effectiveness of vessel
and operator enforcement and compliance programs.
``(3) Identifying and targeting enforcement efforts at
high-risk vessels and operators.
``(4) Improving research efforts to enhance and promote
vessel and operator safety and performance.
``(b) Contents of Strategy and Annual Plans.--
``(1) Measurable goals.--The strategy and annual plans
shall include specific numeric or measurable goals designed
to achieve the goals set forth in subsection (a). The
purposes of the numeric or measurable goals are the
following:
``(A) To increase the number of safety examinations on all
high-risk vessels.
``(B) To eliminate the backlog of marine safety-related
rulemakings.
``(C) To improve the quality and effectiveness of marine
safety information databases by ensuring that all Coast Guard
personnel accurately and effectively report all safety,
casualty, and injury information.
``(D) To provide for a sufficient number of Coast Guard
marine safety personnel, and provide adequate facilities and
equipment to carry out the functions referred to in section
93(c).
``(2) Resource needs.--The strategy and annual plans shall
include estimates of--
``(A) the funds and staff resources needed to accomplish
each activity included in the strategy and plans; and
``(B) the staff skills and training needed for timely and
effective accomplishment of each goal.
``(c) Submission With the President's Budget.--Beginning
with fiscal year 2011 and each fiscal year thereafter, the
Secretary shall submit to Congress the strategy and annual
plan not later than 60 days following the transmission of the
President's budget submission under section 1105 of title 31.
``(d) Achievement of Goals.--
``(1) Progress assessment.--No less frequently than
semiannually, the Coast Guard Commandant shall assess the
progress of the Coast Guard toward achieving the goals set
forth in subsection (b). The Commandant shall convey the
Commandant's assessment to the employees of the marine safety
workforce and shall identify any deficiencies that should be
remedied before the next progress assessment.
``(2) Report to congress.--The Secretary shall report
annually to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate--
``(A) on the performance of the marine safety program in
achieving the goals of the marine safety strategy and annual
plan under subsection (a) for the year covered by the report;
``(B) on the program's mission performance in achieving
numerical measurable goals established under subsection (b);
and
``(C) recommendations on how to improve performance of the
program.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following new item:

``2116. Marine safety strategy, goals, and performance assessments.''.
(c) Certificates of Inspection.--Section 3309 of title 46,
United States Code, is amended by adding at the end the
following:
``(d) A certificate of inspection issued under this section
shall be signed by the senior Coast Guard member or civilian
employee who inspected the vessel, in addition to the officer
in charge of marine inspection.''.

SEC. 523. POWERS AND DUTIES.

Section 93 of title 14, United States Code, is amended by
adding at the end the following new subsections:
``(c) Marine Safety Responsibilities.--In exercising the
Commandant's duties and responsibilities with regard to
marine safety, the individual with the highest rank who meets
the experience qualifications set forth in section 50(a)(3)
shall serve as the principal advisor to the Commandant
regarding--
``(1) the operation, regulation, inspection,
identification, manning, and measurement of vessels,
including plan approval and the application of load lines;
``(2) approval of materials, equipment, appliances, and
associated equipment;
``(3) the reporting and investigation of marine casualties
and accidents;
``(4) the licensing, certification, documentation,
protection and relief of merchant seamen;
``(5) suspension and revocation of licenses and
certificates;
``(6) enforcement of manning requirements, citizenship
requirements, control of log books;
``(7) documentation and numbering of vessels;
``(8) State boating safety programs;
``(9) commercial instruments and maritime liens;
``(10) the administration of bridge safety;
``(11) administration of the navigation rules;
``(12) the prevention of pollution from vessels;
``(13) ports and waterways safety;
``(14) waterways management; including regulation for
regattas and marine parades;
``(15) aids to navigation; and
``(16) other duties and powers of the Secretary related to
marine safety and stewardship.
``(d) Other Authority Not Affected.--Nothing in subsection
(c) affects--
``(1) the authority of Coast Guard officers and members to
enforce marine safety regulations using authority under
section 89 of this title; or
``(2) the exercise of authority under section 91 of this
title and the provisions of law codified at sections 191
through 195 of title 50 on the date of enactment of this
paragraph.''.

SEC. 524. APPEALS AND WAIVERS.

(a) In General.--Chapter 5 of title 14, United States Code,
is further amended by inserting at the end the following new
section:

``Sec. 102. Appeals and waivers

``Except for the Commandant of the Coast Guard, any
individual adjudicating an appeal or waiver of a decision
regarding marine safety, including inspection or manning and
threats to the environment, shall--
``(1) be a qualified specialist with the training,
experience, and qualifications in marine safety to
effectively judge the facts and circumstances involved in the
appeal and make a judgment regarding the merits of the
appeal; or
``(2) have a senior staff member who--
``(A) meets the requirements of paragraph (1);
``(B) actively advises the individual adjudicating the
appeal; and
``(C) concurs in writing on the decision on appeal.''.
(b) Clerical Amendment.--The analysis for such chapter is
further amended by adding at the end the following new item:

``102. Appeals and waivers.''.

SEC. 525. COAST GUARD ACADEMY.

(a) In General.--Chapter 9 of title 14, United States Code,
is further amended by adding at the end the following new
section:

``Sec. 200. Marine safety curriculum

``The Commandant of the Coast Guard shall ensure that
professional courses of study in marine safety are provided
at the Coast Guard Academy, and during other officer
accession programs, to give Coast Guard cadets and other
officer candidates a background and understanding of the
marine safety program. These courses may include such topics
as program history, vessel design and construction, vessel
inspection, casualty investigation, and administrative law
and regulations.''.
(b) Clerical Amendment.--The analysis for such chapter is
further amended by adding at the end the following new item:

``200. Marine safety curriculum.''.

SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPECTORS.

Not later than one year after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on Coast Guard's
efforts to recruit and retain civilian marine inspectors and
investigators and the impact of such recruitment and
retention efforts on Coast Guard organizational performance.

TITLE VI--MARINE SAFETY

SEC. 601. SHORT TITLE.

This title may be cited as the ``Maritime Safety Act of
2010''.

SEC. 602. VESSEL SIZE LIMITS.

(a) Length, Tonnage, and Horsepower.--Section 12113(d)(2)
of title 46, United States Code, is amended--
(1) by inserting ``and'' after the semicolon at the end of
subparagraph (A)(i);
(2) by striking ``and'' at the end of subparagraph (A)(ii);
(3) by striking subparagraph (A)(iii);
(4) by striking the period at the end of subparagraph (B)
and inserting a semicolon; and
(5) by inserting at the end the following:
``(C) the vessel is either a rebuilt vessel or a
replacement vessel under section 208(g) of the American
Fisheries Act (title II of division C of Public Law 105-277;
112 Stat. 2681-627) and is eligible for a fishery endorsement
under this section; or
``(D) the vessel is a fish tender vessel that is not
engaged in the harvesting or processing of fish.''.
(b) Conforming Amendments.--
(1) Vessel rebuilding and replacement.--Section 208(g) of
the American Fisheries Act (title II of division C of Public
Law 105-277; 112 Stat. 2681-627) is amended to read as
follows:

[[Page H7118]]

``(g) Vessel Rebuilding and Replacement.--
``(1) In general.--
``(A) Rebuild or replace.--Notwithstanding any limitation
to the contrary on replacing, rebuilding, or lengthening
vessels or transferring permits or licenses to a replacement
vessel contained in sections 679.2 and 679.4 of title 50,
Code of Federal Regulations, as in effect on the date of
enactment of the Coast Guard Authorization Act of 2010 and
except as provided in paragraph (4), the owner of a vessel
eligible under subsection (a), (b), (c), (d), or (e), in
order to improve vessel safety and operational efficiencies
(including fuel efficiency), may rebuild or replace that
vessel (including fuel efficiency) with a vessel documented
with a fishery endorsement under section 12113 of title 46,
United States Code.
``(B) Same requirements.--The rebuilt or replacement vessel
shall be eligible in the same manner and subject to the same
restrictions and limitations under such subsection as the
vessel being rebuilt or replaced.
``(C) Transfer of permits and licenses.--Each fishing
permit and license held by the owner of a vessel or vessels
to be rebuilt or replaced under subparagraph (A) shall be
transferred to the rebuilt or replacement vessel or its
owner, as necessary to permit such rebuilt or replacement
vessel to operate in the same manner as the vessel prior to
the rebuilding or the vessel it replaced, respectively.
``(2) Recommendations of north pacific fishery management
council.--The North Pacific Fishery Management Council may
recommend for approval by the Secretary such conservation and
management measures, including size limits and measures to
control fishing capacity, in accordance with the Magnuson-
Stevens Act as it considers necessary to ensure that this
subsection does not diminish the effectiveness of fishery
management plans of the Bering Sea and Aleutian Islands
Management Area or the Gulf of Alaska.
``(3) Special rule for replacement of certain vessels.--
``(A) In general.--Notwithstanding the requirements of
subsections (b)(2), (c)(1), and (c)(2) of section 12113 of
title 46, United States Code, a vessel that is eligible under
subsection (a), (b), (c), or (e) and that qualifies to be
documented with a fishery endorsement pursuant to section
213(g) may be replaced with a replacement vessel under
paragraph (1) if the vessel that is replaced is validly
documented with a fishery endorsement pursuant to section
213(g) before the replacement vessel is documented with a
fishery endorsement under section 12113 of title 46, United
States Code.
``(B) Applicability.--A replacement vessel under
subparagraph (A) and its owner and mortgagee are subject to
the same limitations under section 213(g) that are applicable
to the vessel that has been replaced and its owner and
mortgagee.
``(4) Special rules for certain catcher vessels.--
``(A) In general.--A replacement for a covered vessel
described in subparagraph (B) is prohibited from harvesting
fish in any fishery (except for the Pacific whiting fishery)
managed under the authority of any Regional Fishery
Management Council (other than the North Pacific Fishery
Management Council) established under section 302(a) of the
Magnuson-Stevens Act.
``(B) Covered vessels.--A covered vessel referred to in
subparagraph (A) is--
``(i) a vessel eligible under subsection (a), (b), or (c)
that is replaced under paragraph (1); or
``(ii) a vessel eligible under subsection (a), (b), or (c)
that is rebuilt to increase its registered length, gross
tonnage, or shaft horsepower.
``(5) Limitation on fishery endorsements.--Any vessel that
is replaced under this subsection shall thereafter not be
eligible for a fishery endorsement under section 12113 of
title 46, United States Code, unless that vessel is also a
replacement vessel described in paragraph (1).
``(6) Gulf of alaska limitation.--Notwithstanding paragraph
(1), the Secretary shall prohibit from participation in the
groundfish fisheries of the Gulf of Alaska any vessel that is
rebuilt or replaced under this subsection and that exceeds
the maximum length overall specified on the license that
authorizes fishing for groundfish pursuant to the license
limitation program under part 679 of title 50, Code of
Federal Regulations, as in effect on the date of enactment of
the Coast Guard Authorization Act of 2010.
``(7) Authority of pacific council.--Nothing in this
section shall be construed to diminish or otherwise affect
the authority of the Pacific Council to recommend to the
Secretary conservation and management measures to protect
fisheries under its jurisdiction (including the Pacific
whiting fishery) and participants in such fisheries from
adverse impacts caused by this Act.''.
(2) Repeal of exemption of certain vessels.--Section 203(g)
of the American Fisheries Act (title II of division C of
Public Law 105-277; 112 Stat. 2681-620) is repealed.
(3) Fishery cooperative exit provisions.--Section 210(b) of
the American Fisheries Act (title II of division C of Public
Law 105-277; 112 Stat. 2681-629) is amended--
(A) by moving the matter beginning with ``the Secretary
shall'' in paragraph (1) 2 ems to the right; and
(B) by adding at the end the following:
``(7) Fishery cooperative exit provisions.--
``(A) Fishing allowance determination.--For purposes of
determining the aggregate percentage of directed fishing
allowances under paragraph (1), when a catcher vessel is
removed from the directed pollock fishery, the fishery
allowance for pollock for the vessel being removed--
``(i) shall be based on the catch history determination for
the vessel made pursuant to section 679.62 of title 50, Code
of Federal Regulations, as in effect on the date of enactment
of the Coast Guard Authorization Act of 2010; and
``(ii) shall be assigned, for all purposes under this
title, in the manner specified by the owner of the vessel
being removed to any other catcher vessel or among other
catcher vessels participating in the fishery cooperative if
such vessel or vessels remain in the fishery cooperative for
at least one year after the date on which the vessel being
removed leaves the directed pollock fishery.
``(B) Eligibility for fishery endorsement.--Except as
provided in subparagraph (C), a vessel that is removed
pursuant to this paragraph shall be permanently ineligible
for a fishery endorsement, and any claim (including relating
to catch history) associated with such vessel that could
qualify any owner of such vessel for any permit to
participate in any fishery within the exclusive economic zone
of the United States shall be extinguished, unless such
removed vessel is thereafter designated to replace a vessel
to be removed pursuant to this paragraph.
``(C) Limitations on statutory construction.--Nothing in
this paragraph shall be construed--
``(i) to make the vessels AJ (United States official number
905625), DONA MARTITA (United States official number 651751),
NORDIC EXPLORER (United States official number 678234), and
PROVIDIAN (United States official number 1062183) ineligible
for a fishery endorsement or any permit necessary to
participate in any fishery under the authority of the New
England Fishery Management Council or the Mid-Atlantic
Fishery Management Council established, respectively, under
subparagraphs (A) and (B) of section 302(a)(1) of the
Magnuson-Stevens Act; or
``(ii) to allow the vessels referred to in clause (i) to
participate in any fishery under the authority of the
Councils referred to in clause (i) in any manner that is not
consistent with the fishery management plan for the fishery
developed by the Councils under section 303 of the Magnuson-
Stevens Act.''.

SEC. 603. COLD WEATHER SURVIVAL TRAINING.

The Commandant of the Coast Guard shall report to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the efficacy of cold
weather survival training conducted by the Coast Guard over
the preceding 5 years. The report shall include plans for
conducting such training in fiscal years 2010 through 2013.

SEC. 604. FISHING VESSEL SAFETY.

(a) Safety Standards.--Section 4502 of title 46, United
States Code, is amended--
(1) in subsection (a), by--
(A) striking paragraphs (6) and (7) and inserting the
following:
``(6) other equipment required to minimize the risk of
injury to the crew during vessel operations, if the Secretary
determines that a risk of serious injury exists that can be
eliminated or mitigated by that equipment; and''; and
(B) redesignating paragraph (8) as paragraph (7);
(2) in subsection (b)--
(A) in paragraph (1) in the matter preceding subparagraph
(A), by striking ``documented'';
(B) in paragraph (1)(A), by striking ``the Boundary Line''
and inserting ``3 nautical miles from the baseline from which
the territorial sea of the United States is measured or
beyond 3 nautical miles from the coastline of the Great
Lakes'';
(C) in paragraph (2)(B), by striking ``lifeboats or
liferafts'' and inserting ``a survival craft that ensures
that no part of an individual is immersed in water'';
(D) in paragraph (2)(D), by inserting ``marine'' before
``radio'';
(E) in paragraph (2)(E), by striking ``radar reflectors,
nautical charts, and anchors'' and inserting ``nautical
charts, and publications'';
(F) in paragraph (2)(F), by striking ``, including medicine
chests'' and inserting ``and medical supplies sufficient for
the size and area of operation of the vessel''; and
(G) by amending paragraph (2)(G) to read as follows:
``(G) ground tackle sufficient for the vessel.'';
(3) by amending subsection (f) to read as follows:
``(f) To ensure compliance with the requirements of this
chapter, the Secretary--
``(1) shall require the individual in charge of a vessel
described in subsection (b) to keep a record of equipment
maintenance, and required instruction and drills; and
``(2) shall examine at dockside a vessel described in
subsection (b) at least once every 2 years, and shall issue a
certificate of compliance to a vessel meeting the
requirements of this chapter.''; and
(4) by adding at the end the following:
``(g)(1) The individual in charge of a vessel described in
subsection (b) must pass a training program approved by the
Secretary that

[[Page H7119]]

meets the requirements in paragraph (2) of this subsection
and hold a valid certificate issued under that program.
``(2) The training program shall--
``(A) be based on professional knowledge and skill obtained
through sea service and hands-on training, including training
in seamanship, stability, collision prevention, navigation,
fire fighting and prevention, damage control, personal
survival, emergency medical care, emergency drills, and
weather;
``(B) require an individual to demonstrate ability to
communicate in an emergency situation and understand
information found in navigation publications;
``(C) recognize and give credit for recent past experience
in fishing vessel operation; and
``(D) provide for issuance of a certificate to an
individual that has successfully completed the program.
``(3) The Secretary shall prescribe regulations
implementing this subsection. The regulations shall require
that individuals who are issued a certificate under paragraph
(2)(D) must complete refresher training at least once every 5
years as a condition of maintaining the validity of the
certificate.
``(4) The Secretary shall establish a publicly accessible
electronic database listing the names of individuals who have
participated in and received a certificate confirming
successful completion of a training program approved by the
Secretary under this section.
``(h) A vessel to which this chapter applies shall be
constructed in a manner that provides a level of safety
equivalent to the minimum safety standards the Secretary may
establish for recreational vessels under section 4302, if--
``(1) subsection (b) of this section applies to the vessel;
``(2) the vessel is less than 50 feet overall in length;
and
``(3) the vessel is built after January 1, 2010.
``(i)(1) The Secretary shall establish a Fishing Safety
Training Grants Program to provide funding to municipalities,
port authorities, other appropriate public entities, not-for-
profit organizations, and other qualified persons that
provide commercial fishing safety training--
``(A) to conduct fishing vessel safety training for vessel
operators and crewmembers that--
``(i) in the case of vessel operators, meets the
requirements of subsection (g); and
``(ii) in the case of crewmembers, meets the requirements
of subsection (g)(2)(A), such requirements of subsection
(g)(2)(B) as are appropriate for crewmembers, and the
requirements of subsections (g)(2)(D), (g)(3), and (g)(4);
and
``(B) for purchase of safety equipment and training aids
for use in those fishing vessel safety training programs.
``(2) The Secretary shall award grants under this
subsection on a competitive basis.
``(3) The Federal share of the cost of any activity carried
out with a grant under this subsection shall not exceed 75
percent.
``(4) There is authorized to be appropriated $3,000,000 for
each of fiscal years 2010 through 2014 for grants under this
subsection.
``(j)(1) The Secretary shall establish a Fishing Safety
Research Grant Program to provide funding to individuals in
academia, members of non-profit organizations and businesses
involved in fishing and maritime matters, and other persons
with expertise in fishing safety, to conduct research on
methods of improving the safety of the commercial fishing
industry, including vessel design, emergency and survival
equipment, enhancement of vessel monitoring systems,
communications devices, de-icing technology, and severe
weather detection.
``(2) The Secretary shall award grants under this
subsection on a competitive basis.
``(3) The Federal share of the cost of any activity carried
out with a grant under this subsection shall not exceed 75
percent.
``(4) There is authorized to be appropriated $3,000,000 for
each fiscal years 2010 through 2014 for activities under this
subsection.''.
(b) Conforming Amendment.--Section 4506(b) of title 46,
United States Code, is repealed.
(c) Advisory Committee.--
(1) Change of name.--Section 4508 of title 46, United
States Code, is amended--
(A) by striking the section heading and inserting the
following:

``Sec. 4508. Commercial Fishing Safety Advisory Committee'';

and
(B) in subsection (a) by striking ``Industry Vessel''.
(2) Membership requirements.--Section 4508(b)(1) of that
title is amended--
(A) by striking ``seventeen'' and inserting ``eighteen'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``from
the commercial fishing industry who--'' and inserting ``who
shall represent the commercial fishing industry and who--'';
and
(ii) in clause (ii), by striking ``an uninspected'' and
inserting ``a'';
(C) by striking subparagraph (B) and inserting the
following:
``(B) three members who shall represent the general public,
including, whenever possible--
``(i) an independent expert or consultant in maritime
safety;
``(ii) a marine surveyor who provides services to vessels
to which this chapter applies; and
``(iii) a person familiar with issues affecting fishing
communities and families of fishermen;''; and
(D) in subparagraph (C)--
(i) in the matter preceding clause (i), by striking
``representing each of--''
and inserting ``each of whom shall represent--'';
(ii) in clause (i), by striking ``or marine surveyors;''
and inserting ``and marine engineers;'';
(iii) in clause (iii), by striking ``and'' after the
semicolon at the end;
(iv) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(v) by adding at the end the following new clause:
``(v) owners of vessels to which this chapter applies.''.
(3) Termination.--Section 4508(e)(1) of that title is
amended by striking ``September 30, 2010.'' and inserting
``September 30, 2020.''.
(4) Clerical amendment.--The table of sections at the
beginning of chapter 45 of title 46, United States Code, is
amended by striking the item relating to such section and
inserting the following:

``4508. Commercial Fishing Safety Advisory Committee.''.
(d) Loadlines for Vessels 79 Feet or Greater in Length.--
(1) Limitation on exemption for fishing vessels.--Section
5102(b)(3) of title 46, United States Code, is amended by
inserting after ``vessel'' the following ``, unless the
vessel is built after July 1, 2012''.
(2) Alternate program for certain fishing vessels.--Section
5103 of title 46, United States Code, is amended by adding at
the end the following:
``(c) A fishing vessel built on or before July 1, 2012,
that undergoes a substantial change to the dimension of or
type of the vessel completed after the later of July 1, 2012,
or the date the Secretary establishes standards for an
alternate loadline compliance program, shall comply with such
an alternative loadline compliance program that is developed
in cooperation with the commercial fishing industry and
prescribed by the Secretary.''.
(e) Classing of Vessels.--
(1) In general.--Section 4503 of title 46, United States
Code, is amended--
(A) by striking the section heading and inserting the
following:

``Sec. 4503. Fishing, fish tender, and fish processing vessel
certification'';

(B) in subsection (a) by striking ``fish processing''; and
(C) by adding at the end the following:
``(c) This section applies to a vessel to which section
4502(b) of this title applies that is at least 50 feet
overall in length and is built after July 1, 2012.
``(d)(1) After January 1, 2020, a fishing vessel, fish
processing vessel, or fish tender vessel to which section
4502(b) of this title applies shall comply with an alternate
safety compliance program that is developed in cooperation
with the commercial fishing industry and prescribed by the
Secretary, if the vessel--
``(A) is at least 50 feet overall in length;
``(B) is built before July 1, 2012; and
``(C) is 25 years of age or older.
``(2) A fishing vessel, fish processing vessel, or fish
tender vessel built before July 1, 2012, that undergoes a
substantial change to the dimension of or type of vessel
completed after the later of July 1, 2012, or the date the
Secretary establishes standards for an alternate safety
compliance program, shall comply with such an alternative
safety compliance program that is developed in cooperation
with the commercial fishing industry and prescribed by the
Secretary.
``(3) Alternative safety compliance programs may be
developed for purposes of paragraph (1) for specific regions
and fisheries.
``(4) Notwithstanding paragraph (1), vessels owned by a
person that owns more than 30 vessels subject to that
paragraph are not required to meet the alternate safety
compliance requirements of that paragraph until January 1,
2030, if that owner enters into a compliance agreement with
the Secretary that provides for a fixed schedule for all of
the vessels owned by that person to meet requirements of that
paragraph by that date and the vessel owner is meeting that
schedule.
``(5) A fishing vessel, fish processing vessel, or fish
tender vessel to which section 4502(b) of this title applies
that was classed before July 1, 2012, shall--
``(A) remain subject to the requirements of a
classification society approved by the Secretary; and
``(B) have on board a certificate from that society.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 45 of title 46, United States Code, is
amended by striking the item relating to such section and
inserting the following:

``4503. Fishing, fish tender, and fish processing vessel
certification.''.
(f) Alternative Safety Compliance Program.--No later than
January 1, 2017, the Secretary of the department in which the
Coast Guard is operating shall prescribe an alternative
safety compliance program referred to in section 4503(d)(1)
of the title 46, United States Code, as amended by this
section.

SEC. 605. MARINER RECORDS.

Section 7502 of title 46, United States Code, is amended--

[[Page H7120]]

(1) by inserting ``(a)'' before ``The'';
(2) by striking ``computerized records'' and inserting
``records, including electronic records,''; and
(3) by adding at the end the following:
``(b) The Secretary may prescribe regulations requiring a
vessel owner or managing operator of a commercial vessel, or
the employer of a seaman on that vessel, to maintain records
of each individual engaged on the vessel subject to
inspection under chapter 33 on matters of engagement,
discharge, and service for not less than 5 years after the
date of the completion of the service of that individual on
the vessel. The regulations may require that a vessel owner,
managing operator, or employer shall make these records
available to the individual and the Coast Guard on request.
``(c) A person violating this section, or a regulation
prescribed under this section, is liable to the United States
Government for a civil penalty of not more than $5,000.''.

SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR
OPERATORS OF CERTAIN TOWING VESSELS.

Section 8905 of title 46, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).

SEC. 607. LOG BOOKS.

(a) In General.--Chapter 113 of title 46, United States
Code, is amended by adding at the end the following:

``Sec. 11304. Additional logbook and entry requirements

``(a) A vessel of the United States that is subject to
inspection under section 3301 of this title, except a vessel
on a voyage from a port in the United States to a port in
Canada, shall have an official logbook, which shall be kept
available for review by the Secretary on request.
``(b) The log book required by subsection (a) shall include
the following entries:
``(1) The time when each seaman and each officer assumed or
relieved the watch.
``(2) The number of hours in service to the vessels of each
seaman and each officer.
``(3) An account of each accident, illness, and injury that
occurs during each watch.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:

``11304. Additional logbook and entry requirements.''.

SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS.

(a) In General.--Chapter 21 of title 46, United States
Code, is further amended by adding at the end the following
new sections:

``Sec. 2117. Termination for unsafe operation

``An individual authorized to enforce this title--
``(1) may remove a certificate required by this title from
a vessel that is operating in a condition that does not
comply with the provisions of the certificate;
``(2) may order the individual in charge of a vessel that
is operating that does not have on board the certificate
required by this title to return the vessel to a mooring and
to remain there until the vessel is in compliance with this
title; and
``(3) may direct the individual in charge of a vessel to
which this title applies to immediately take reasonable steps
necessary for the safety of individuals on board the vessel
if the official observes the vessel being operated in an
unsafe condition that the official believes creates an
especially hazardous condition, including ordering the
individual in charge to return the vessel to a mooring and to
remain there until the situation creating the hazard is
corrected or ended.

``Sec. 2118. Establishment of equipment standards

``(a) In establishing standards for approved equipment
required on vessels subject to part B of this title, the
Secretary shall establish standards that are--
``(1) based on performance using the best available
technology that is economically achievable; and
``(2) operationally practical.
``(b) Using the standards established under subsection (a),
the Secretary may also certify lifesaving equipment that is
not required to be carried on vessels subject to part B of
this title to ensure that such equipment is suitable for its
intended purpose.
``(c) At least once every 10 years the Secretary shall
review and revise the standards established under subsection
(a) to ensure that the standards meet the requirements of
this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is further amended by adding at the
end the following:

``2117. Termination for unsafe operation.
``2118. Establishment of equipment standards.''.

SEC. 609. APPROVAL OF SURVIVAL CRAFT.

(a) In General.--Chapter 31 of title 46, United States
Code, is amended by adding at the end the following new
section:

``Sec. 3104. Survival craft

``(a) Except as provided in subsection (b), the Secretary
may not approve a survival craft as a safety device for
purposes of this part, unless the craft ensures that no part
of an individual is immersed in water.
``(b) The Secretary may authorize a survival craft that
does not provide protection described in subsection (a) to
remain in service until not later than January 1, 2015, if--
``(1) it was approved by the Secretary before January 1,
2010; and
``(2) it is in serviceable condition.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:

``3104. Survival craft.''.

SEC. 610. SAFETY MANAGEMENT.

(a) Vessels to Which Requirements Apply.--Section 3202 of
title 46, United States Code, is amended--
(1) in subsection (a) by striking the heading and inserting
``Foreign Voyages and Foreign Vessels.--'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Other Passenger Vessels.--This chapter applies to a
vessel that is--
``(1) a passenger vessel or small passenger vessel; and
``(2) is transporting more passengers than a number
prescribed by the Secretary based on the number of
individuals on the vessel that could be killed or injured in
a marine casualty.'';
(4) in subsection (d), as so redesignated, by striking
``subsection (b)'' and inserting ``subsection (c)''; and
(5) in subsection (d)(4), as so redesignated, by inserting
``that is not described in subsection (b) of this section''
after ``waters''.
(b) Safety Management System.--Section 3203 of title 46,
United States Code, is amended by adding at the end the
following new subsection:
``(c) In prescribing regulations for passenger vessels and
small passenger vessels, the Secretary shall consider--
``(1) the characteristics, methods of operation, and nature
of the service of these vessels; and
``(2) with respect to vessels that are ferries, the sizes
of the ferry systems within which the vessels operate.''.

SEC. 611. PROTECTION AGAINST DISCRIMINATION.

(a) In General.--Section 2114 of title 46, United States
Code, is amended--
(1) in subsection (a)(1)(A), by striking ``or'' after the
semicolon;
(2) in subsection (a)(1)(B), by striking the period at the
end and inserting a semicolon;
(3) by adding at the end of subsection (a)(1) the following
new subparagraphs:
``(C) the seaman testified in a proceeding brought to
enforce a maritime safety law or regulation prescribed under
that law;
``(D) the seaman notified, or attempted to notify, the
vessel owner or the Secretary of a work-related personal
injury or work-related illness of a seaman;
``(E) the seaman cooperated with a safety investigation by
the Secretary or the National Transportation Safety Board;
``(F) the seaman furnished information to the Secretary,
the National Transportation Safety Board, or any other public
official as to the facts relating to any marine casualty
resulting in injury or death to an individual or damage to
property occurring in connection with vessel transportation;
or
``(G) the seaman accurately reported hours of duty under
this part.''; and
(4) by amending subsection (b) to read as follows:
``(b) A seaman alleging discharge or discrimination in
violation of subsection (a) of this section, or another
person at the seaman's request, may file a complaint with
respect to such allegation in the same manner as a complaint
may be filed under subsection (b) of section 31105 of title
49. Such complaint shall be subject to the procedures,
requirements, and rights described in that section, including
with respect to the right to file an objection, the right of
a person to file for a petition for review under subsection
(c) of that section, and the requirement to bring a civil
action under subsection (d) of that section.''.
(b) Existing Actions.--This section shall not affect the
application of section 2114(b) of title 46, United States
Code, as in effect before the date of enactment of this Act,
to an action filed under that section before that date.

SEC. 612. OIL FUEL TANK PROTECTION.

Section 3306 of title 46, United States Code, is amended by
adding at the end the following new subsection:
``(k)(1) Each vessel of the United States that is
constructed under a contract entered into after the date of
enactment of the Maritime Safety Act of 2010, or that is
delivered after January 1, 2011, with an aggregate capacity
of 600 cubic meters or more of oil fuel, shall comply with
the requirements of Regulation 12A under Annex I to the
Protocol of 1978 relating to the International Convention for
the Prevention of Pollution from Ships, 1973, entitled `Oil
Fuel Tank Protection'.
``(2) The Secretary may prescribe regulations to apply the
requirements described in Regulation 12A to vessels described
in paragraph (1) that are not otherwise subject to that
convention. Any such regulation shall be considered to be an
interpretive rule for the purposes of section 553 of title 5.
``(3) In this subsection the term `oil fuel' means any oil
used as fuel in connection with the propulsion and auxiliary
machinery of the vessel in which such oil is carried.''.

SEC. 613. OATHS.

Section 7105 of title 46, United States Code, is amended by
striking ``before a designated official''.

SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND
MERCHANT MARINERS' DOCUMENTS.

(a) Merchant Mariner's Documents.--Section 7302(f) of title
46, United States Code, is amended to read as follows:

[[Page H7121]]

``(f) Periods of Validity and Renewal of Merchant Mariners'
Documents.--
``(1) In general.--Except as provided in subsection (g), a
merchant mariner's document issued under this chapter is
valid for a 5-year period and may be renewed for additional
5-year periods.
``(2) Advance renewals.--A renewed merchant mariner's
document may be issued under this chapter up to 8 months in
advance but is not effective until the date that the
previously issued merchant mariner's document expires or
until the completion of any active suspension or revocation
of that previously issued merchant mariner's document,
whichever is later.''.
(b) Duration of Licenses.--Section 7106 of such title is
amended to read as follows:

``Sec. 7106. Duration of licenses

``(a) In General.--A license issued under this part is
valid for a 5-year period and may be renewed for additional
5-year periods; except that the validity of a license issued
to a radio officer is conditioned on the continuous
possession by the holder of a first-class or second-class
radiotelegraph operator license issued by the Federal
Communications Commission.
``(b) Advance Renewals.--A renewed license issued under
this part may be issued up to 8 months in advance but is not
effective until the date that the previously issued license
expires or until the completion of any active suspension or
revocation of that previously issued merchant mariner's
document, whichever is later.''.
(c) Certificates of Registry.--Section 7107 of such title
is amended to read as follows:

``Sec. 7107. Duration of certificates of registry

``(a) In General.--A certificate of registry issued under
this part is valid for a 5-year period and may be renewed for
additional 5-year periods; except that the validity of a
certificate issued to a medical doctor or professional nurse
is conditioned on the continuous possession by the holder of
a license as a medical doctor or registered nurse,
respectively, issued by a State.
``(b) Advance Renewals.--A renewed certificate of registry
issued under this part may be issued up to 8 months in
advance but is not effective until the date that the
previously issued certificate of registry expires or until
the completion of any active suspension or revocation of that
previously issued merchant mariner's document, whichever is
later.''.

SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES,
CERTIFICATES OF REGISTRY, AND MERCHANT
MARINERS' DOCUMENTS.

(a) Merchant Mariner Licenses and Documents.--Chapter 75 of
title 46, United States Code, is amended by adding at the end
the following:

``Sec. 7507. Authority to extend the duration of licenses,
certificates of registry, and merchant mariner documents

``(a) Licenses and Certificates of Registry.--
Notwithstanding sections 7106 and 7107, the Secretary of the
department in which the Coast Guard is operating may--
``(1) extend for not more than one year an expiring license
or certificate of registry issued for an individual under
chapter 73 if the Secretary determines that the extension is
required to enable the Coast Guard to eliminate a backlog in
processing applications for those licenses or certificates of
registry or in response to a national emergency or natural
disaster, as deemed necessary by the Secretary; or
``(2) issue for not more than five years an expiring
license or certificate of registry issued for an individual
under chapter 73 for the exclusive purpose of aligning the
expiration date of such license or certificate of registry
with the expiration date of a merchant mariner's document.
``(b) Merchant Mariner Documents.--Notwithstanding section
7302(g), the Secretary may--
``(1) extend for not more than one year an expiring
merchant mariner's document issued for an individual under
chapter 73 if the Secretary determines that the extension is
required to enable the Coast Guard to eliminate a backlog in
processing applications for those licenses or certificates of
registry or in response to a national emergency or natural
disaster, as deemed necessary by the Secretary; or
``(2) issue for not more than five years an expiring
merchant mariner's document issued for an individual under
chapter 73 for the exclusive purpose of aligning the
expiration date of such merchant mariner's document with the
expiration date of a merchant mariner's document.
``(c) Manner of Extension.--Any extensions granted under
this section may be granted to individual seamen or a
specifically identified group of seamen.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:

``7507. Authority to extend the duration of licenses, certificates of
registry, and merchant mariner documents.''.

SEC. 616. MERCHANT MARINER ASSISTANCE REPORT.

Not later than 180 days after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report regarding the
feasibility of--
(1) expanding the streamlined evaluation process program
that was affiliated with the Houston Regional Examination
Center of the Coast Guard to all processing centers of the
Coast Guard nationwide;
(2) including proposals to simplify the application process
for a license as an officer, staff officer, or operator and
for a merchant mariner's document to help eliminate errors by
merchant mariners when completing the application form (CG-
719B), including instructions attached to the application
form and a modified application form for renewals with
questions pertaining only to the period of time since the
previous application;
(3) providing notice to an applicant of the status of the
pending application, including a process to allow the
applicant to check on the status of the application by
electronic means; and
(4) ensuring that all information collected with respect to
applications for new or renewed licenses, merchant mariner
documents, and certificates of registry is retained in a
secure electronic format.

SEC. 617. OFFSHORE SUPPLY VESSELS.

(a) Removal of Tonnage Limits.--
(1) Definition.--
(A) In general.--Section 2101(19) of title 46, United
States Code, is amended by striking ``of more than 15 gross
tons but less than 500 gross tons as measured under section
14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary
under section 14104 of this title''.
(B) Exemption.--Section 5209(b)(1) of the Oceans Act of
1992 (Public Law 102-587; 46 U.S.C. 2101 note) is amended by
striking ``vessel.'' and inserting ``vessel of less than 500
gross tons as measured under section 14502, or an alternate
tonnage measured under section 14302 of such title as
prescribed by the Secretary under section 14104 of such
title.''.
(2) Application.--Section 3702(b) of title 46, United
States Code, is amended by striking paragraph (1) and
redesignating paragraphs (2) and (3) as paragraphs (1) and
(2), respectively.
(b) Scale of Employment: Able Seamen.--Section 7312(d) of
title 46, United States Code, is amended to read as follows:
``(d) Individuals Qualified as Able Seamen.--Offshore
supply vessel under section 7310 of this title may constitute
all of the able seamen required on board a vessel of less
than 500 gross tons as measured under section 14502 of this
title or 6,000 gross tons as measured under section 14302 of
this title engaged in support of exploration, exploitation,
or production of offshore mineral or energy resources.
Individuals qualified as able seamen--limited under section
7308 of this title may constitute all of the able seamen
required on board a vessel of at least 500 gross tons as
measured under section 14502 of this title or 6,000 gross
tons as measured under section as measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title engaged in support of
exploration, exploitation, or production of offshore mineral
or energy resources.''.
(c) Minimum Number of Licensed Individuals.--Section
8301(b) of title 46, United States Code, is amended to read
as follows:
``(b)(1) An offshore supply vessel of less than 500 gross
tons as measured under section 14502 of this title or 6,000
gross tons as measured under section 14302 of this title on a
voyage of less than 600 miles shall have a licensed mate. If
the vessel is on a voyage of at least 600 miles, however, the
vessel shall have 2 licensed mates.
``(2) An offshore supply vessel of at least 6,000 gross
tons as measured under section 14302 of this title on a
voyage of less than 600 miles shall have at least two
licensed mates, provided the offshore supply vessel meets the
requirements of section 8104(g)(2). An offshore supply vessel
of at least 6,000 gross tons as measured under section 14302
of this title on a voyage of at least 600 miles shall have
three licensed mates.
``(3) An offshore supply vessel of more than 200 gross tons
as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title, may not be operated without a licensed engineer.''.
(d) Watches.--Section 8104(g) of title 46, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) applies to an offshore supply vessel of
at least 6,000 gross tons as measured under section 14302 of
this title if the individuals engaged on the vessel are in
compliance with hours of service requirements (including
recording and recordkeeping of that service) as prescribed by
the Secretary.''.
(e) Oil Fuel Tank Protection.--
(1) Application.--An offshore supply vessel of at least
6,000 gross tons as measured under section 14302 of title 46,
United States Code, that is constructed under a contract
entered into after the date of enactment of this Act, or that
is delivered after August 1, 2010, with an aggregate capacity
of 600 cubic meters or more of oil fuel, shall comply with
the requirements of Regulation 12A under Annex I to the
Protocol of 1978 relating to the International Convention for
the Prevention of Pollution from Ships, 1973, entitled Oil
Fuel Tank Protection, regardless of whether such vessel is
engaged in the coastwise trade or on an international voyage.

[[Page H7122]]

(2) Definition.--In this subsection the term ``oil fuel''
means any oil used as fuel in connection with the propulsion
and auxiliary machinery of the vessel in which such oil is
carried.
(f) Regulations.--
(1) In general.--Not later than January 1, 2012, the
Secretary of the department in which the Coast Guard is
operating shall promulgate regulations to implement the
amendments and authorities enacted by this section for
offshore supply vessels of at least 6,000 gross tons as
measured under section 14302 of title 46, United States Code,
and to ensure the safe carriage of oil, hazardous substances,
and individuals in addition to the crew on such vessels. The
final rule issued pursuant to such rulemaking may supersede
the interim final rule promulgated under paragraph (2) of
this subsection. In promulgating regulations under this
subsection, the Secretary shall take into consideration the
characteristics of offshore supply vessels, their methods of
operation, and their service in support of exploration,
exploitation, or production of offshore mineral or energy
resources.
(2) Interim final rule authority.--As soon as is
practicable and without regard to the provisions of chapters
5 and 6 of title 5, United States Code, the Secretary shall
issue an interim final rule as a temporary regulation
implementing this section (including the amendments made by
this section) for offshore supply vessels of at least 6,000
gross tons as measured under section 14302 of title 46,
United States Code, and to ensure the safe carriage of oil,
hazardous substances, and individuals in addition to the crew
on such vessels.
(3) Interim period.--After the effective date of this Act,
prior to the effective date of the regulations prescribed by
paragraph (2) of this subsection, and without regard to the
provisions of chapters 5 and 6 of title 5, United States
Code, and the offshore supply vessel tonnage limits of
applicable regulations and policy guidance promulgated prior
to the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating may--
(A) issue a certificate of inspection under section 3309 of
title 46, United States Code, to an offshore supply vessel of
at least 6,000 gross tons as measured under section 14302 of
that title if the Secretary determines that such vessel's
arrangements and equipment meet the current Coast Guard
requirements for certification as a cargo and miscellaneous
vessel;
(B) authorize a master, mate, or engineer who possesses an
ocean or near coastal license and endorsement under part 11
of subchapter B of title 46, Code of Federal Regulations, (or
any successor regulation) that qualifies the licensed officer
for service on offshore supply vessels of at least 3,000
gross tons but less than 6,000 gross tons, as measured under
section 14302 of title 46, United States Code, to operate
offshore supply vessels of at least 6,000 gross tons, as
measured under such section; and
(C) authorize any such master, mate, or engineer who also
possesses an ocean or near coastal license and endorsement
under such part that qualifies the licensed officer for
service on non trade-restricted vessels of at least 1,600
gross tons but less than 3,000 gross tons, as measured under
such section, to increase the tonnage limitation of such
license and endorsement under section 402(c) of such part,
using service on vessels certificated under both subchapters
I and L of such title and measured only under such section,
except that such tonnage limitation shall not exceed 10,000
gross tons as measured under such section.

SEC. 618. ASSOCIATED EQUIPMENT.

Section 2101(1)(B) of title 46, United States Code, is
amended by inserting ``with the exception of emergency
locator beacons for recreational vessels operating beyond 3
nautical miles from the baselines from which the territorial
sea of the United States is measured or beyond 3 nautical
miles from the coastline of the Great Lake,'' before
``does''.

SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS.

Section 4102(b) of title 46, United States Code, is amended
to read as follows:
``(b) The Secretary shall prescribe regulations requiring
the installation, maintenance, and use of life preservers and
other lifesaving devices for individuals on board uninspected
vessels.''.

SEC. 620. STUDY OF BLENDED FUELS IN MARINE APPLICATION.

(a) Survey.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security,
acting through the Commandant of the Coast Guard, shall
submit a survey of published data and reports, pertaining to
the use, safety, and performance of blended fuels in marine
applications, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committees on Commerce, Science, and Transportation of the
Senate.
(2) Included information.--To the extent possible, the
survey required in subsection (a), shall include data and
reports on--
(A) the impact of blended fuel on the operation,
durability, and performance of recreational and commercial
marine engines, vessels, and marine engine and vessel
components and associated equipment;
(B) the safety impacts of blended fuels on consumers that
own and operate recreational and commercial marine engines
and marine engine components and associated equipment; and
(C) to the extent available, fires and explosions on board
vessels propelled by engines using blended fuels.
(b) Study.--
(1) In general.--Not later than 36 months after the date of
enactment of this Act, the Secretary, acting through the
Commandant, shall conduct a comprehensive study on the use,
safety, and performance of blended fuels in marine
applications. The Secretary is authorized to conduct such
study in conjunction with--
(A) any other Federal agency;
(B) any State government or agency;
(C) any local government or agency, including local police
and fire departments; and
(D) any private entity, including engine and vessel
manufacturers.
(2) Evaluation.--The study shall include an evaluation of--
(A) the impact of blended fuel on the operation, durability
and performance of recreational and commercial marine
engines, vessels, and marine engine and vessel components and
associated equipment;
(B) the safety impacts of blended fuels on consumers that
own and operate recreational and commercial marine engines
and marine engine components and associated equipment; and
(C) fires and explosions on board vessels propelled by
engines using blended fuels.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Homeland Security to
carry out the survey and study under this section $1,000,000.

SEC. 621. RENEWAL OF ADVISORY COMMITTEES.

(a) Great Lakes Pilotage Advisory Committee.--Section
9307(f)(1) of title 46, United States Code, is amended by
striking ``September 30, 2010.'' and inserting ``September
30, 2020.''.
(b) National Boating Safety Advisory Council.--Section
13110 of title 46, United States Code, is amended--
(1) in subsection (d), by striking the first sentence; and
(2) in subsection (e), by striking ``September 30, 2010.''
and inserting ``September 30, 2020.''.
(c) Houston-Galveston Navigation Safety Advisory
Committee.--Section 18(h) of the Coast Guard Authorization
Act of 1991 (Public Law 102-241 as amended by Public Law 104-
324) is amended by striking ``September 30, 2010.'' and
inserting ``September 30, 2020.''.
(d) Lower Mississippi River Waterway Safety Advisory
Committee.--Section 19 of the Coast Guard Authorization Act
of 1991 (Public Law 102-241) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``twenty-four'' and inserting ``twenty-five''; and
(B) by adding at the end the following new paragraph:
``(12) One member representing the Associated Federal
Pilots and Docking Masters of Louisiana.''; and
(2) in subsection (g), by striking ``September 30, 2010.''
and inserting ``September 30, 2020.''.
(e) Towing Safety Advisory Committee.--The Act entitled
``An Act To establish a Towing Safety Advisory Committee in
the Department of Transportation'', approved October 6, 1980,
(33 U.S.C. 1231a) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) There is established a Towing Safety Advisory
Committee (hereinafter referred to as the `Committee'). The
Committee shall consist of eighteen members with particular
expertise, knowledge, and experience regarding shallow-draft
inland and coastal waterway navigation and towing safety as
follows:
``(1) Seven members representing the barge and towing
industry, reflecting a regional geographic balance.
``(2) One member representing the offshore mineral and oil
supply vessel industry.
``(3) One member representing holders of active licensed
Masters or Pilots of towing vessels with experience on the
Western Rivers and the Gulf Intracoastal Waterway.
``(4) One member representing the holders of active
licensed Masters of towing vessels in offshore service.
``(5) One member representing Masters who are active ship-
docking or harbor towing vessel.
``(6) One member representing licensed or unlicensed towing
vessel engineers with formal training and experience.
``(7) Two members representing each of the following
groups:
``(A) Port districts, authorities, or terminal operators.
``(B) Shippers (of whom at least one shall be engaged in
the shipment of oil or hazardous materials by barge).
``(8) Two members representing the general public.''; and
(2) in subsection (e), by striking ``September 30, 2010.''
and inserting ``September 30, 2020.''.
(f) Navigation Safety Advisory Council.--Section 5 of the
Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is
amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Establishment of Council.--
``(1) In general.--The Secretary of the department in which
the Coast Guard is operating shall establish a Navigation
Safety Advisory Council (hereinafter referred to as the

[[Page H7123]]

`Council'), consisting of not more than 21 members. All
members shall have expertise in Inland and International
vessel navigation Rules of the Road, aids to maritime
navigation, maritime law, vessel safety, port safety, or
commercial diving safety. Upon appointment, all non-Federal
members shall be designated as representative members to
represent the viewpoints and interests of one of the
following groups or organizations:
``(A) Commercial vessel owners or operators.
``(B) Professional mariners.
``(C) Recreational boaters.
``(D) The recreational boating industry.
``(E) State agencies responsible for vessel or port safety.
``(F) The Maritime Law Association.
``(2) Panels.--Additional persons may be appointed to
panels of the Council to assist the Council in performance of
its functions.
``(3) Nominations.--The Secretary, through the Coast Guard
Commandant, shall not less often than once a year publish a
notice in the Federal Register soliciting nominations for
membership on the Council.
``(b) Functions.--The Council shall advise, consult with,
and make recommendations to the Secretary, through the Coast
Guard Commandant, on matters relating to maritime collisions,
rammings, groundings, Inland Rules of the Road, International
Rules of the Road, navigation regulations and equipment,
routing measures, marine information, diving safety, and aids
to navigation systems. Any advice and recommendations made by
the Council to the Secretary shall reflect the independent
judgment of the Council on the matter concerned. The Council
shall meet at the call of the Coast Guard Commandant, but in
any event not less than twice during each calendar year. All
proceedings of the Council shall be public, and a record of
the proceedings shall be made available for public
inspection.''; and
(2) in subsection (d), by striking ``September 30, 2010.''
and inserting ``September 30, 2020.''.
(g) Delaware River and Bay Oil Spill Advisory Committee.--
(1) In general.--Section 607 of the Coast Guard and
Maritime Transportation Act of 2006 (Public Law 109-241; 120
Stat. 556) is amended--
(A) in subsection (c)(2), by striking ``Not later than 18
months after the date that the Commandant completes
appointment of the members of the Committee,'' and inserting
``Not later than December 31, 2010,'';
(B) in subsection (h), by striking ``2007'' and inserting
``2011''; and
(C) by striking subsection (i) and inserting the following:
``(i) Termination.--The Committee shall terminate 30 days
after it transmits its report, pursuant to subsection (c)(2),
but no later than December 31, 2010, whichever is earlier.''.
(2) Effective date.--The amendments made by this subsection
are deemed to have taken effect as if they were enacted on
July 11, 2006.
(3) Charter.--Any charter pertaining to the Delaware River
and Bay Oil Spill Advisory Committee is deemed not to have
lapsed, and to have remained in effect, and, notwithstanding
any other provision of law or policy, shall terminate 30 days
after the date the Committee transmits its report, pursuant
to section 607(c)(2) of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241; 120 Stat.
557), but not later than December 31, 2010, whichever is
earlier.
(4) Appointments to committee.--Any appointment to the
Delaware River and Bay Oil Spill Advisory Committee is deemed
not to have lapsed, and to have remained in effect, and,
notwithstanding any other provision of law or policy, shall
terminate 30 days after the Committee transmits its report,
pursuant to section 607(c)(2) of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241; 120 Stat.
557), but not later than December 31, 2010, whichever is
earlier.

SEC. 622. DELEGATION OF AUTHORITY.

(a) In General.--Section 3316 of title 46, United States
Code, is amended by adding at the end the following new
subsection:
``(d)(1) The Secretary may delegate to the American Bureau
of Shipping or another classification society recognized by
the Secretary as meeting acceptable standards for such a
society, for a United States offshore facility, the authority
to--
``(A) review and approve plans required for issuing a
certificate of inspection, a certificate of compliance, or
any other certification and related documents issued by the
Coast Guard pursuant to regulations issued under section 30
of the Outer Continental Shelf Lands Act (43 U.S.C. 1356);
and
``(B) conduct inspections and examinations.
``(2) The Secretary may make a delegation under paragraph
(1) to a foreign classification society only if--
``(A) the foreign society has offices and maintains records
in the United States; and
``(B)(i) the government of the foreign country in which the
foreign society is headquartered delegates that authority to
the American Bureau of Shipping; or
``(ii) the Secretary has entered into an agreement with the
government of the foreign country in which the foreign
society is headquartered that--
``(I) ensures the government of the foreign country will
accept plan review, inspections, or examinations conducted by
the American Bureau of Shipping and provide equivalent access
to inspect, certify, and provide related services to offshore
facilities located in that country or operating under the
authority of that country; and
``(II) is in full accord with principles of reciprocity in
regards to any delegation contemplated by the Secretary under
paragraph (1).
``(3) If an inspection or examination is conducted under
authority delegated under this subsection, the person to
which the authority was delegated--
``(A) shall maintain in the United States complete files of
all information derived from or necessarily connected with
the inspection or examination for at least 2 years after the
United States offshore facility ceases to be certified; and
``(B) shall permit access to those files at all reasonable
times to any officer, employee, or member of the Coast Guard
designated--
``(i) as a marine inspector and serving in a position as a
marine inspector; or
``(ii) in writing by the Secretary to have access to those
files.
``(4) For purposes of this subsection--
``(A) the term `offshore facility' means any installation,
structure, or other device (including any vessel not
documented under chapter 121 of this title or the laws of
another country), fixed or floating, that dynamically holds
position or is temporarily or permanently attached to the
seabed or subsoil under the sea; and
``(B) the term `United States offshore facility' means any
offshore facility, fixed or floating, that dynamically holds
position or is temporarily or permanently attached to the
seabed or subsoil under the territorial sea of the United
States or the outer Continental Shelf (as that term is
defined in section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331)), including any vessel, rig, platform, or
other vehicle or structure subject to regulation under
section 30 of the Outer Continental Shelf Lands Act (43
U.S.C. 1356).''.
(b) Review and Approval of Classification Society
Required.--Section 3316(c) of title 46, United States Code,
is amended by striking so much as precedes paragraph (2) and
inserting the following:
``(c)(1) A classification society (including an employee or
agent of that society) may not review, examine, survey, or
certify the construction, repair, or alteration of a vessel
in the United States unless the society has applied for
approval under this subsection and the Secretary has reviewed
and approved that society with respect to the conduct of that
society under paragraph (2).''.

TITLE VII--OIL POLLUTION PREVENTION

SEC. 701. RULEMAKINGS.

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

SEC. 702. OIL TRANSFERS FROM VESSELS.

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

[[Page H7124]]

State law or regulation the requirements of which are at
least as stringent as requirements under the regulations (as
determined by the Secretary) that--
(1) applies in State waters; and
(2) does not conflict with, or interfere with the
enforcement of, requirements and operational procedures under
the regulations.

SEC. 703. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR MISS
INCIDENTS.

(a) Report.--Within 1 year after the date of enactment of
this Act, the Secretary shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House Committee on Transportation and Infrastructure that,
using available data--
(1) identifies the types of human errors that, combined,
could cause oil spills, with particular attention to human
error caused by fatigue, in the past 10 years;
(2) in consultation with representatives of industry and
labor and experts in the fields of marine casualties and
human factors, identifies the most frequent types of near-
miss oil spill incidents involving vessels such as
collisions, allisions, groundings, and loss of propulsion in
the past 10 years;
(3) describes the extent to which there are gaps in the
data required under paragraphs (1) and (2), including gaps in
the ability to define and identify fatigue, and explains the
reason for those gaps; and
(4) includes recommendations by the Secretary and
representatives of industry and labor and experts in the
fields of marine casualties and human factors to address the
identified types of errors and any such gaps in the data.
(b) Measures.--Based on the findings contained in the
report required by subsection (a), the Secretary shall take
appropriate action to reduce the risk of oil spills caused by
human error.
(c) Confidentiality of Voluntarily Submitted Information.--
The identity of a person making a voluntary disclosure under
this section, and any information obtained from any such
voluntary disclosure, shall be treated as confidential.
(d) Discovery of Voluntarily Submitted Information.--
(1) In general.--Except as provided in this subsection, a
party in a judicial proceeding may not use discovery to
obtain information or data collected or received by the
Secretary for use in the report required in subsection (a).
(2) Exception.--
(A) Notwithstanding paragraph (1), a court may allow
discovery by a party in a judicial proceeding of data
described in paragraph (1) if, after an in camera review of
the information or data, the court decides that there is a
compelling reason to allow the discovery.
(B) When a court allows discovery in a judicial proceeding
as permitted under this paragraph, the court shall issue a
protective order--
(i) to limit the use of the data to the judicial
proceeding; and
(ii) to prohibit dissemination of the data to any person
who does not need access to the data for the proceeding.
(C) A court may allow data it has decided is discoverable
under this paragraph to be admitted into evidence in a
judicial proceeding only if the court places the data under
seal to prevent the use of the data for a purpose other than
for the proceeding.
(3) Application.--Paragraph (1) shall not apply to--
(A) any disclosure made with actual knowledge that the
disclosure was false, inaccurate, or misleading; or
(B) any disclosure made with reckless disregard as to the
truth or falsity of that disclosure.
(e) Restriction on Use of Data.--Data that is voluntarily
submitted for the purpose of the study required under
subsection (a) shall not be used in an administrative action
under chapter 77 of title 46, United States Code.

SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

The Secretary of the Department in which the Coast Guard is
operating and the Under Secretary of Commerce for Oceans and
Atmosphere shall revise the area to be avoided off the coast
of the State of Washington so that restrictions apply to all
vessels required to prepare a response plan pursuant to
section 311(j) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)) (other than fishing or research vessels while
engaged in fishing or research within the area to be
avoided).

SEC. 705. PREVENTION OF SMALL OIL SPILLS.

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

SEC. 706. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

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

SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE
LOSS OF OIL.

Within 1 year after the date of enactment of this Act, the
Secretary of the Department

[[Page H7125]]

in which the Coast Guard is operating shall submit a report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the availability,
feasibility, and potential cost of technology to detect the
loss of oil carried as cargo or as fuel on tank and non-tank
vessels greater than 400 gross tons.

SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND.

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

SEC. 709. INTERNATIONAL EFFORTS ON ENFORCEMENT.

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

SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINITION
CHANGE.

(a) In General.--Within 1 year after the date of enactment
of this Act, the Commandant shall initiate a rulemaking
proceeding to modify the definition of the term ``higher
volume port area'' in section 155.1020 of the Coast Guard
regulations (33 C.F.R. 155.1020) by striking ``Port Angeles,
WA'' in paragraph (13) of that section and inserting ``Cape
Flattery, WA''.
(b) Vessel Response Plan Reviews.--Within 5 years after the
date of enactment of this Act, the Coast Guard shall complete
its review of any changes to vessel response plans under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
resulting from the modification of the higher volume port
area definition required by subsection (a).

SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS.

(a) Comparability Analysis.--
(1) In general.--Within 1 year after the date of enactment
of this Act, the Commandant, in consultation with the
Secretary of State, is strongly encouraged to enter into
negotiations with the Government of Canada to update the
comparability analysis which serves as the basis for the
Cooperative Vessel Traffic Service agreement between the
United States and Canada for the management of maritime
traffic in Puget Sound, the Strait of Georgia, Haro Strait,
Rosario Strait, and the Strait of Juan de Fuca. The updated
analysis shall, at a minimum, consider--
(A) requirements for laden tank vessels to be escorted by
tug boats;
(B) vessel emergency response towing capability at the
entrance to the Strait of Juan de Fuca; and
(C) spill response capability throughout the shared water,
including oil spill response planning requirements for
vessels bound for one nation transiting through the waters of
the other nation.
(2) Consultation requirement.--In conducting the analysis
required under this subsection, the Commandant shall consult
with the State of Washington and affected tribal governments.
(3) Recommendations.--Within 18 months after the date of
enactment of this Act, the Commandant shall submit
recommendations based on the analysis required under this
subsection to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure. The recommendations shall
consider a full range of options for the management of
maritime traffic, including Federal legislation, promulgation
of Federal rules, and the establishment of cooperative
agreements for shared funding of spill prevention and
response systems.
(b) Dual Escort Vessels for Double Hulled Tankers in Prince
William Sound, Alaska.--
(1) In general.--Section 4116(c) of the Oil Pollution Act
of 1990 (46 U.S.C. 3703 note) is amended--
(A) by striking ``Not later than 6 months after the date of
the enactment of this Act, the'' and inserting ``(1) In
general.--The''; and
(B) by adding at the end the following:
``(2) Prince william sound, alaska.--
``(A) In general.--The requirement in paragraph (1)
relating to single hulled tankers in Prince William Sound,
Alaska, described in that paragraph being escorted by at
least 2 towing vessels or other vessels considered to be
appropriate by the Secretary (including regulations
promulgated in accordance with section 3703(a)(3) of title
46, United States Code, as set forth in part 168 of title 33,
Code of Federal Regulations (as in effect on March 1, 2009)
implementing this subsection with respect to those tankers)
shall apply to double hulled tankers over 5,000 gross tons
transporting oil in bulk in Prince William Sound, Alaska.
``(B) Implementation of requirements.--The Secretary of the
department in which the Coast Guard is operating shall
prescribe interim final regulations to carry out subparagraph
(A) as soon as practicable without notice and hearing
pursuant to section 553 of title 5 of the United States
Code.''.
(2) Effective date.--The amendments made by subsection (b)
take effect on the date that is 90 days after the date of
enactment of this Act.
(c) Preservation of State Authority.--Nothing in this Act
or in any other provision of Federal law related to the
regulation of maritime transportation of oil shall affect, or
be construed or interpreted as preempting, the authority of
any State or political subdivision thereof which require the
escort by one or more tugs of laden oil tankers in the areas
which are specified in section 4116(c) of the Oil Pollution
Act of 1990 (46 U.S.C. 3703 note).
(d) Vessel Traffic Risk Assessment.--
(1) Requirement.--The Commandant of the Coast Guard, acting
through the appropriate Area Committee established under
section 311(j)(4) of the Federal Water Pollution Control Act,
shall prepare a vessel traffic risk assessment for Cook
Inlet, Alaska, within one year after the date of enactment of
this Act.
(2) Contents.--The assessment shall describe, for the
region covered by the assessment--
(A) the amount and character of present and estimated
future shipping traffic in the region; and
(B) the current and projected use and effectiveness in
reducing risk, of--
(i) traffic separation schemes and routing measures;
(ii) long-range vessel tracking systems developed under
section 70115 of title 46, United States Code;
(iii) towing, response, or escort tugs;
(iv) vessel traffic services;
(v) emergency towing packages on vessels;
(vi) increased spill response equipment including equipment
appropriate for severe weather and sea conditions;
(vii) the Automatic Identification System developed under
section 70114 of title 46, United States Code;
(viii) particularly sensitive sea areas, areas to be
avoided, and other traffic exclusion zones;
(ix) aids to navigation; and
(x) vessel response plans.
(3) Recommendations.--
(A) In general.--The assessment shall include any
appropriate recommendations to

[[Page H7126]]

enhance the safety, or lessen potential adverse environmental
impacts, of marine shipping.
(B) Consultation.--Before making any recommendations under
paragraph (1) for a region, the Area Committee shall consult
with affected local, State, and Federal government agencies,
representatives of the fishing industry, Alaska Natives from
the region, the conservation community, and the merchant
shipping and oil transportation industries.
(4) Provision to congress.--The Commandant shall provide a
copy of the assessment to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.

SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY.

Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C.
2716(a)) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(1);
(2) by inserting ``or'' after the semicolon in paragraph
(2); and
(3) by inserting after paragraph (2) the following:
``(3) any tank vessel over 100 gross tons using any place
subject to the jurisdiction of the United States;''.

SEC. 713. LIABILITY FOR USE OF SINGLE-HULL VESSELS.

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

TITLE VIII--PORT SECURITY

SEC. 801. AMERICA'S WATERWAY WATCH PROGRAM.

(a) In General.--Chapter 701 of title 46, United States
Code, is amended by adding at the end thereof the following:

``Sec. 70122. Waterway watch program

``(a) Program Established.--There is hereby established,
within the Coast Guard, the America's Waterway Watch Program.
``(b) Purpose.--The Secretary shall administer the Program
in a manner that promotes voluntary reporting of activities
that may indicate that a person or persons may be preparing
to engage or engaging in a violation of law relating to a
threat or an act of terrorism (as that term is defined in
section 3077 of title 18) against a vessel, facility, port,
or waterway.
``(c) Information; Training.--
``(1) Information.--The Secretary may establish, as an
element of the Program, a network of individuals and
community-based organizations that encourage the public and
industry to recognize activities referred to in subsection
(b), promote voluntary reporting of such activity, and
enhance the situational awareness within the Nation's ports
and waterways. Such network shall, to the extent practicable,
be conducted in cooperation with Federal, State, and local
law enforcement agencies.
``(2) Training.--The Secretary may provide training in--
``(A) observing and reporting on covered activities; and
``(B) sharing such reports and coordinating the response by
Federal, State, and local law enforcement agencies.
``(d) Voluntary Participation.--Participation in the
Program--
``(1) shall be wholly voluntary;
``(2) shall not be a prerequisite to eligibility for, or
receipt of, any other service or assistance from, or to
participation in, any other program of any kind; and
``(3) shall not require disclosure of information regarding
the individual reporting covered activities or, for
proprietary purposes, the location of such individual.
``(e) Coordination.--The Secretary shall coordinate the
Program with other like watch programs. The Secretary shall
submit, concurrent with the President's budget submission for
each fiscal year, a report on coordination of the Program and
like watch programs within the Department of Homeland
Security to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated for the purposes of this
section $3,000,000 for each of fiscal years 2011 through
2016. Such funds shall remain available until expended.''.
(b) Clerical Amendment.--The table of contents for chapter
701 of title 46, United States Code, is amended by inserting
after the item relating to section 70121 the following:

``70122. Waterway watch program.''.

SEC. 802. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

(a) In General.--Not later than 120 days after completing
the pilot program under section 70105(k)(1) of title 46,
United States Code, to test TWIC access control technologies
at port facilities and vessels nationwide, the Secretary of
Homeland Security shall submit to the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and
to the Comptroller General a report containing an assessment
of the results of the pilot. The report shall include--
(1) the findings of the pilot program with respect to key
technical and operational aspects of implementing TWIC
technologies in the maritime sector;
(2) a comprehensive listing of the extent to which
established metrics were achieved during the pilot program;
and
(3) an analysis of the viability of those technologies for
use in the maritime environment, including any challenges to
implementing those technologies and strategies for mitigating
identified challenges.
(b) GAO Assessment.--The Comptroller General shall review
the report and submit to the Committee on Homeland Security
and the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate an assessment of
the report's findings and recommendations.

SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY.

Section 70107A(b) of title 46, United States Code, is
amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(3) by inserting before paragraph (2), as so redesignated,
the following:
``(1)(A) include--
``(i) information management systems, and
``(ii) sensor management systems; and
``(B) where practicable, provide for the physical co-
location of the Coast Guard and, as the Secretary determines
appropriate, representatives of the United States Customs and
Border Protection, the United States Immigration and Customs
Enforcement, the Transportation Security Administration, the
Department of Justice, the Department of Defense, and other
Federal agencies, State and local law enforcement or port
security personnel, members of the Area Maritime Security
Committee, and other public and private sector stakeholders
adversely affected by a transportation security incident or
transportation disruption;''; and
(4) in paragraph (2), as so redesignated--
(A) by striking ``existing centers, including--'' and
inserting ``existing centers;''; and
(B) by striking subparagraph (A) and (B); and
(5) by adding ``and'' at the end of paragraph (3), as so
redesignated.

SEC. 804. DEPLOYABLE, SPECIALIZED FORCES.

(a) In General.--Section 70106 of title 46, United States
Code, is amended to read as follows:

``Sec. 70106. Deployable, specialized forces

``(a) Establishment.--
``(1) In general.--To enhance the domestic maritime
security capability of the United States, the Secretary shall
establish deployable specialized forces of varying
capabilities as are needed to safeguard the public and
protect vessels, harbors, ports, facilities, and cargo in
waters subject to the jurisdiction of the United States from
destruction, loss or injury from crime, or sabotage due to
terrorist activity, and to respond to such activity in
accordance with the transportation security plans developed
under section 70103.
``(2) Enhanced teams.--Such specialized forces shall
include no less than two enhanced teams to serve as
deployable forces capable of combating terrorism, engaging in
interdiction, law enforcement, and advanced tactical maritime
security operations to address known or potentially armed
security threats (including non-compliant actors at sea), and
participating in homeland security, homeland defense, and
counterterrorism exercises in the maritime environment.
``(b) Mission.--The combined force of the specialized
forces established under subsection (a) shall be trained,
equipped, and capable of being deployed to--
``(1) deter, protect against, and rapidly respond to
threats of maritime terrorism;
``(2) conduct maritime operations to protect against and
disrupt illegal use, access to, or proliferation of weapons
of mass destruction;
``(3) enforce moving or fixed safety or security zones
established pursuant to law;
``(4) conduct high speed intercepts;
``(5) board, search, and seize any article or thing on or
at, respectively, a vessel or facility found to present a
risk to the vessel or facility, or to a port;
``(6) rapidly deploy to supplement United States armed
forces domestically or overseas;
``(7) respond to criminal or terrorist acts so as to
minimize, insofar as possible, the disruption caused by such
acts;
``(8) assist with facility vulnerability assessments
required under this chapter; and
``(9) carry out any other missions of the Coast Guard as
are assigned to it by the Secretary.
``(c) Minimization of Response Times.--The enhanced teams
established under subsection (a)(2) shall, to the extent
practicable, be stationed in such a way so as to minimize the
response time to maritime terrorist threats and potential or
actual transportation security incidents.
``(d) Coordination With Other Agencies.--To the maximum
extent feasible, the combined force of the specialized forces
established under subsection (a) shall coordinate their
activities with other Federal, State, and local law
enforcement and emergency response agencies.''.
(b) Clerical Amendment.--The table of contents for chapter
701 of title 46, United

[[Page H7127]]

States Code, is amended by striking the item relating to
section 70106 and inserting the following:

``70106. Deployable, specialized forces.''.

SEC. 805. COAST GUARD DETECTION CANINE TEAM PROGRAM
EXPANSION.

(a) Definitions.--For purposes of this section:
(1) Canine detection team.--The term ``detection canine
team'' means a canine and a canine handler that are trained
to detect narcotics or explosives, or other threats as
defined by the Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Detection Canine Teams.--
(1) Increased capacity.--Not later than one year after the
date of enactment of this Act, and subject to the
availability of appropriations, the Secretary shall--
(A) begin to increase the number of detection canine teams
certified by the Coast Guard for the purposes of maritime-
related security by no fewer than 10 canine teams annually
through fiscal year 2012; and
(B) encourage owners and operators of port facilities,
passenger cruise liners, oceangoing cargo vessels, and other
vessels identified by the Secretary to strengthen security
through the use of highly trained detection canine teams.
(2) Canine procurement.--The Secretary, acting through the
Commandant of the Coast Guard, shall procure detection canine
teams as efficiently as possible, including, to the greatest
extent possible, through increased domestic breeding, while
meeting the performance needs and criteria established by the
Commandant.
(c) Deployment.--The Secretary shall prioritize deployment
of the additional canine teams to ports based on risk,
consistent with the Security and Accountability For Every
Port Act of 2006 (Public Law 109-347).

SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM.

(a) Foreign Port Assessment.--Chapter 701 of title 46,
United States Code, is amended--
(1) by adding at the end of section 70108 the following:
``(e) Limitation on Statutory Construction.--The absence of
an inspection of a foreign port shall not bar the Secretary
from making a finding that a port in a foreign country does
not maintain effective antiterrorism measures.'';
(2) by striking ``If the Secretary, after conducting an
assessment under section 70108, finds that a port in a
foreign country does not maintain effective antiterrorism
measures,'' in section 70109(a) and inserting ``Unless the
Secretary finds that a port in a foreign country maintains
effective antiterrorism measures,''; and
(3) by striking ``If the Secretary finds that a foreign
port does not maintain effective antiterrorism measures,'' in
section 70110(a) and inserting ``Unless the Secretary finds
that a foreign port maintains effective antiterrorism
measures,''.
(b) Assistance Program.--Section 70110 of title 46, United
States Code, is amended by adding at the end the following:
``(f) Coast Guard Assistance Program.--
``(1) In general.--The Secretary may lend, lease, donate,
or otherwise provide equipment, and provide technical
training and support, to the owner or operator of a foreign
port or facility--
``(A) to assist in bringing the port or facility into
compliance with applicable International Ship and Port
Facility Code standards; and
``(B) to assist the port or facility in correcting
deficiencies identified in periodic port assessments and
reassessments required under section 70108 of this title.
``(2) Conditions.--The Secretary--
``(A) may provide such assistance based upon an assessment
of the risks to the security of the United States and the
inability of the owner or operator of the port or facility to
bring the port or facility into compliance with those
standards and to maintain compliance with, or exceed, such
standards;
``(B) may not provide such assistance unless the port or
facility has been subjected to a comprehensive port security
assessment by the Coast Guard; and
``(C) may only lend, lease, or otherwise provide equipment
that the Secretary has first determined is not required by
the Coast Guard for the performance of its missions.''.
(c) Safety and Security Assistance for Foreign Ports.--
(1) In general.--Section 70110(e)(1) of title 46, United
States Code, is amended by striking the second sentence and
inserting the following: ``The Secretary shall establish a
strategic plan to utilize those assistance programs to assist
ports and facilities that are found by the Secretary under
subsection (a) not to maintain effective antiterrorism
measures in the implementation of port security antiterrorism
measures.''.
(2) Conforming amendments.--
(A) Section 70110 of title 46, United States Code, is
amended--
(i) by inserting ``or facilities'' after ``ports'' in the
section heading;
(ii) by inserting ``or facility'' after ``port'' each place
it appears; and
(iii) by striking ``Ports'' in the heading for subsection
(e) and inserting ``Ports, Facilities,''.
(B) Section 70108(c) of such title is amended--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively
(C) The table of contents for chapter 701 of title 46,
United States Code, is amended by striking the item relating
to section 70110 and inserting the following:

``70110. Actions and assistance for foreign ports or facilities and
United States territories.''.

SEC. 807. MARITIME BIOMETRIC IDENTIFICATION.

(a) In General.--Chapter 701 of title 46, United States
Code, is further amended by adding at the end the following:

``Sec. 70123. Mobile biometric identification

``(a) In General.--Within one year after the date of the
enactment of the Coast Guard Authorization Act of 2010, the
Secretary shall conduct, in the maritime environment, a
program for the mobile biometric identification of suspected
individuals, including terrorists, to enhance border security
and for other purposes.
``(b) Requirements.--The Secretary shall ensure the program
required in this section is coordinated with other biometric
identification programs within the Department of Homeland
Security.
``(c) Definition.--For the purposes of this section, the
term `biometric identification' means use of fingerprint and
digital photography images and facial and iris scan
technology and any other technology considered applicable by
the Department of Homeland Security.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:

``70123. Mobile biometric identification.''.
(c) Cost Analysis.--Within 90 days after the date of the
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall submit to the
Committees on Homeland Security and Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate an analysis of the cost of expanding the Coast Guard's
biometric identification capabilities for use by the Coast
Guard's Deployable Operations Group, cutters, stations, and
other deployable maritime teams considered appropriate by the
Secretary, and any other appropriate Department of Homeland
Security maritime vessels and units. The analysis may include
a tiered plan for the deployment of this program that gives
priority to vessels and units more likely to encounter
individuals suspected of making illegal border crossings
through the maritime environment.
(d) Study on Emerging Biometric Capabilities.--
(1) Study required.--The Secretary of Homeland Security
shall submit to the Committees on Homeland Security and
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a study on the use by the Coast
Guard and other departmental entities of the combination of
biometric technologies to rapidly identify individuals for
security purposes. Such study shall focus on--
(A) increased accuracy of facial recognition;
(B) enhancement of existing iris recognition technology;
and
(C) other emerging biometric technologies capable of
assisting in confirming the identification of individuals.
(2) Purpose of study.--The purpose of the study required by
paragraph (1) is to facilitate the use of a combination
biometrics, including facial and iris recognition, to provide
a higher probability of success in identification than a
single approach and to achieve transformational advances in
the flexibility, authenticity, and overall capability of
integrated biometric detectors. The operational goal of the
study should be to provide the capability to nonintrusively
collect biometrics in an accurate and expeditious manner to
assist the Coast Guard and the Department of Homeland
Security in fulfilling its mission to protect and support
national security.

SEC. 808. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME
WORKERS.

(a) In General.--Within 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall establish procedures providing for an individual who is
required to be fingerprinted for purposes of obtaining a
transportation security card under section 70105 of title 46,
United States Code, the ability to be fingerprinted at any of
not less than 20 facilities operated by or under contract
with an agency of the Department of Homeland Security that
fingerprints the public for the Department. These facilities
shall be in addition to facilities established under section
70105 of title 46, United States Code.
(b) Expiration.--The requirement made by subsection (a)
expires one year after the date the Secretary establishes the
facilities required under that subsection.

SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS.

Section 70105(b)(2) of title 46, United States Code, is
amended--
(1) in subparagraph (B), by inserting after ``title'' the
following: ``allowed unescorted access to a secure area
designated in a vessel security plan approved under section
70103 of this title''; and
(2) in subparagraph (D), by inserting after ``tank vessel''
the following: ``allowed unescorted access to a secure area
designated in a vessel security plan approved under section
70103 of this title''.

[[Page H7128]]

SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES.

Section 70112 of title 46, United States Code, is
amended--
(1) by amending subsection (b)(5) to read as follows:
``(5)(A) The National Maritime Security Advisory Committee
shall be composed of--
``(i) at least 1 individual who represents the interests of
the port authorities;
``(ii) at least 1 individual who represents the interests
of the facilities owners or operators;
``(iii) at least 1 individual who represents the interests
of the terminal owners or operators;
``(iv) at least 1 individual who represents the interests
of the vessel owners or operators;
``(v) at least 1 individual who represents the interests of
the maritime labor organizations;
``(vi) at least 1 individual who represents the interests
of the academic community;
``(vii) at least 1 individual who represents the interests
of State or local governments; and
``(viii) at least 1 individual who represents the interests
of the maritime industry.
``(B) Each Area Maritime Security Advisory Committee shall
be composed of individuals who represents the interests of
the port industry, terminal operators, port labor
organizations, and other users of the port areas.''; and
(2) in subsection (g)--
(A) in paragraph (1)(A), by striking ``2008;'' and
inserting ``2020;''; and
(B) in paragraph (2), by striking ``2006'' and inserting
``2018''.

SEC. 811. SEAMEN'S SHORESIDE ACCESS.

Each facility security plan approved under section 70103(c)
of title 46, United States Code, shall provide a system for
seamen assigned to a vessel at that facility, pilots, and
representatives of seamen's welfare and labor organizations
to board and depart the vessel through the facility in a
timely manner at no cost to the individual.

SEC. 812. WATERSIDE SECURITY OF ESPECIALLY HAZARDOUS CARGO.

(a) National Study.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating shall--
(A) initiate a national study to identify measures to
improve the security of maritime transportation of especially
hazardous cargo; and
(B) coordinate with other Federal agencies, the National
Maritime Security Advisory Committee, and appropriate State
and local government officials through the Area Maritime
Security Committees and other existing coordinating
committees, to evaluate the waterside security of vessels
carrying, and waterfront facilities handling, especially
hazardous cargo.
(2) Matters to be included.--The study conducted under this
subsection shall include--
(A) an analysis of existing risk assessment information
relating to waterside security generated by the Coast Guard
and Area Maritime Security Committees as part of the Maritime
Security Risk Analysis Model;
(B) a review and analysis of appropriate roles and
responsibilities of maritime stakeholders, including Federal,
State, and local law enforcement and industry security
personnel, responsible for waterside security of vessels
carrying, and waterfront facilities handling, especially
hazardous cargo, including--
(i) the number of ports in which State and local law
enforcement entities are providing any services to enforce
Coast Guard-imposed security zones around vessels transiting
to, through, or from United States ports or to conduct
security patrols in United States ports;
(ii) the number of formal agreements entered into between
the Coast Guard and State and local law enforcement entities
to engage State and local law enforcement entities in the
enforcement of Coast Guard-imposed security zones around
vessels transiting to, through, or from United States ports
or the conduct of port security patrols in United States
ports, the duration of those agreements, and the aid that
State and local entities are engaged to provide through such
agreements;
(iii) the extent to which the Coast Guard has set national
standards for training, equipment, and resources to ensure
that State and local law enforcement entities engaged in
enforcing Coast Guard-imposed security zones around vessels
transiting to, through, or from United States ports or in
conducting port security patrols in United States ports (or
both) can deter to the maximum extent practicable a
transportation security incident;
(iv) the extent to which the Coast Guard has assessed the
ability of State and local law enforcement entities to carry
out the security assignments that they have been engaged to
perform, including their ability to meet any national
standards for training, equipment, and resources that have
been established by the Coast Guard in order to ensure that
those entities can deter to the maximum extent practicable a
transportation security incident;
(v) the extent to which State and local law enforcement
entities are able to meet national standards for training,
equipment, and resources established by the Coast Guard to
ensure that those entities can deter to the maximum extent
practicable a transportation security incident;
(vi) the differences in law enforcement authority, and
particularly boarding authority, between the Coast Guard and
State and local law enforcement entities, and the impact that
these differences have on the ability of State and local law
enforcement entities to provide the same level of security
that the Coast Guard provides during the enforcement of Coast
Guard-imposed security zones and the conduct of security
patrols in United States ports; and
(vii) the extent of resource, training, and equipment
differences between State and local law enforcement entities
and the Coast Guard units engaged in enforcing Coast Guard-
imposed security zones around vessels transiting to, through,
or from United States ports or conducting security patrols in
United States ports;
(C) recommendations for risk-based security measures to
improve waterside security of vessels carrying, and
waterfront facilities handling, especially hazardous cargo;
and
(D) identification of security funding alternatives,
including an analysis of the potential for cost-sharing by
the public and private sectors as well as any challenges
associated with such cost-sharing.
(3) Information protection.--In carrying out the
coordination necessary to effectively complete the study, the
Commandant shall implement measures to ensure the protection
of any sensitive security information, proprietary
information, or classified information collected, reviewed,
or shared during collaborative engagement with maritime
stakeholders and other Government entities, except that
nothing in this paragraph shall constitute authority to
withhold information from--
(A) the Congress; or
(B) first responders requiring such information for the
protection of life or property.
(4) Report.--Not later than 12 months after the date of
enactment of this Act, the Secretary of the Department in
which the Coast Guard is operating shall submit to the
Committees on Homeland Security and Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study under this
subsection.
(b) National Strategy.--Not later than 6 months after
submission of the report required by subsection (a), the
Secretary of the department in which the Coast Guard is
operating shall develop, in conjunction with appropriate
Federal agencies, a national strategy for the waterside
security of vessels carrying, and waterfront facilities
handling, especially hazardous cargo. The strategy shall
utilize the results of the study required by subsection (a).
(c) Security of Especially Hazardous Cargo.--Section 70103
of title 46, United States Code, is amended by adding at the
end the following:
``(e) Especially Hazardous Cargo.--
``(1) Enforcement of security zones.--Consistent with other
provisions of Federal law, the Coast Guard shall coordinate
and be responsible for the enforcement of any Federal
security zone established by the Coast Guard around a vessel
containing especially hazardous cargo. The Coast Guard shall
allocate available resources so as to deter and respond to a
transportation security incident, to the maximum extent
practicable, and to protect lives or protect property in
danger.
``(2) Resource deficiency reporting.--
``(A) In general.--When the Secretary submits the annual
budget request for a fiscal year for the department in which
the Coast Guard is operating to the Office of Management and
Budget, the Secretary shall provide to the Committees on
Homeland Security and Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
includes--
``(i) for the last full fiscal year preceding the report, a
statement of the number of security zones established for
especially hazardous cargo shipments;
``(ii) for the last full fiscal year preceding the report,
a statement of the number of especially hazardous cargo
shipments provided a waterborne security escort, subdivided
by Federal, State, local, or private security; and
``(iii) an assessment as to any additional vessels,
personnel, infrastructure, and other resources necessary to
provide waterborne escorts to those especially hazardous
cargo shipments for which a security zone is established.
``(B) Especially hazardous cargo defined.--In this
subsection, the term `especially hazardous cargo' means
anhydrous ammonia, ammonium nitrate, chlorine, liquefied
natural gas, liquiefied petroleum gas, and any other
substance, material, or group or class of material, in a
particular amount and form that the Secretary determines by
regulation poses a significant risk of creating a
transportation security incident while being transported in
maritime commerce.''.
(d) Definitions.--For the purposes of this section, the
follow definitions apply:
(1) Especially hazardous cargo.--The term ``especially
hazardous cargo'' means anhydrous ammonia, ammonium nitrate,
chlorine, liquefied natural gas, liquiefied petroleum gas,
and any other substance, material, or group or class of
material, in a particular amount and form that the Secretary
determines by regulation poses a significant

[[Page H7129]]

risk of creating a transportation security incident while
being transported in maritime commerce.
(2) Area maritime security committee.--The term ``Area
Maritime Security Committee'' means each of those committees
responsible for producing Area Maritime Transportation
Security Plans under chapter 701 of title 46, United States
Code.
(3) Transportation security incident.--The term
``transportation security incident'' has the same meaning as
that term has in section 70101 of title 46, United States
Code.

SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

Consistent with other provisions of law, the Secretary of
the department in which the Coast Guard is operating shall
make a recommendation, after considering recommendations made
by the States, to the Federal Energy Regulatory Commission as
to whether the waterway to a proposed waterside liquefied
natural gas facility is suitable or unsuitable for the marine
traffic associated with such facility.

SEC. 814. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION
SECURITY CARDS.

Section 70105 of title 46, United States Code, is amended
by adding at the end the following new subsection:
``(n) The Secretary may use a secondary authentication
system to verify the identification of individuals using
transportation security cards when the individual's
fingerprints are not able to be taken or read.''.

SEC. 815. ASSESSMENT OF TRANSPORTATION SECURITY CARD
ENROLLMENT SITES.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall prepare an
assessment of the enrollment sites for transportation
security cards issued under section 70105 of title 46, United
States Code, including--
(1) the feasibility of keeping those enrollment sites open
after the date of enactment of this Act; and
(2) the quality of customer service, including the periods
of time individuals are kept on hold on the telephone,
whether appointments are kept, and processing times for
applications.
(b) Timelines and Benchmarks.--The Secretary shall develop
timelines and benchmarks for implementing the findings of the
assessment as the Secretary deems necessary.

SEC. 816. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO
MITIGATE THE THREAT OF SMALL BOAT ATTACK IN
MAJOR PORTS.

The Secretary of the department in which the Coast Guard is
operating shall assess and report to Congress on the
feasibility of efforts to mitigate the threat of small boat
attack in security zones of major ports, including
specifically the use of transponders, radio frequency
identification devices, and high-frequency surface radar
systems to track small boats.

SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY
BACKGROUND CHECKS.

Not later than one year after the date of enactment of this
Act, the Comptroller General shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that contains--
(1) a review of background checks and forms of
identification required under State and local transportation
security programs;
(2) a determination as to whether the background checks and
forms of identification required under such programs
duplicate or conflict with Federal programs; and
(3) recommendations on limiting the number of background
checks and forms of identification required under such
programs to reduce or eliminate duplication with Federal
programs.

SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS PENDING
ISSUANCE; DEADLINES FOR PROCESSING; RECEIPT.

(a) Access; Deadlines.--Section 70105 of title 46, United
States Code, is further amended by adding at the end the
following new subsections:
``(o) Escorting.--The Secretary shall coordinate with
owners and operators subject to this section to allow any
individual who has a pending application for a transportation
security card under this section or is waiting for reissuance
of such card, including any individual whose card has been
lost or stolen, and who needs to perform work in a secure or
restricted area to have access to such area for that purpose
through escorting of such individual in accordance with
subsection (a)(1)(B) by another individual who holds a
transportation security card. Nothing in this subsection
shall be construed as requiring or compelling an owner or
operator to provide escorted access.
``(p) Processing Time.--The Secretary shall review an
initial transportation security card application and respond
to the applicant, as appropriate, including the mailing of an
Initial Determination of Threat Assessment letter, within 30
days after receipt of the initial application. The Secretary
shall, to the greatest extent practicable, review appeal and
waiver requests submitted by a transportation security card
applicant, and send a written decision or request for
additional information required for the appeal or waiver
determination, within 30 days after receipt of the
applicant's appeal or waiver written request. For an
applicant that is required to submit additional information
for an appeal or waiver determination, the Secretary shall
send a written decision, to the greatest extent practicable,
within 30 days after receipt of all requested information.''.
(b) Receipt of Cards.--
(1) Report by comptroller general.--Within 180 days after
the date of enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
assessing the costs, technical feasibility, and security
measures associated with implementing procedures to deliver a
transportation security card to an approved applicant's place
of residence in a secure manner or to allow an approved
applicant to receive the card at an enrollment center of the
individual's choosing.
(2) Process for alternative means of receipt.--If the
Comptroller General finds in the final report under paragraph
(1) that it is feasible for a transportation security card to
be sent to an approved applicant's place of residence in a
secure manner, the Secretary shall, within one year after the
date of issuance of the final report by the Comptroller
General, implement a secure process to permit an individual
approved for a transportation security card to receive the
card at the applicant's place of residence or at the
enrollment center of the individual's choosing. The
individual shall be responsible for any additional cost
associated with the secure delivery of a transportation
security card.

SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS.

Section 70105(b) of title 46, United States Code, is
amended by adding at the end the following new paragraph:
``(6) The Secretary may extend for up to one year the
expiration of a biometric transportation security card
required by this section to align the expiration with the
expiration of a license, certificate of registry, or merchant
mariner document required under chapter 71 or 73.''.

SEC. 820. CLARIFICATION OF RULEMAKING AUTHORITY.

(a) In General.--Chapter 701 of title 46, United States
Code, is further amended by adding at the end the following:

``SEC. 70124. REGULATIONS.

``Unless otherwise provided, the Secretary may issue
regulations necessary to implement this chapter.''.
(b) Clerical Amendment.--The table of contents for chapter
701 of such title is further amended by adding at the end the
following new item:

``70124. Regulations''.

SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION.

(a) Port Security Training Program.--Chapter 701 of title
46, United States Code, is further amended by adding at the
end the following:

``Sec. 70125. Port security training for facility security
officers

``(a) Facility Security Officers.--The Secretary shall
establish comprehensive facility security officer training
requirements designed to provide full security training that
would lead to certification of such officers. In establishing
the requirements, the Secretary shall--
``(1) work with affected industry stakeholders; and
``(2) evaluate--
``(A) the requirements of subsection (b);
``(B) existing security training programs employed at
marine terminal facilities; and
``(C) existing port security training programs developed by
the Federal Government.
``(b) Requirements.--The training program shall provide
validated training that--
``(1) provides training at the awareness, performance,
management, and planning levels;
``(2) utilizes multiple training mediums and methods;
``(3) establishes a validated provisional on-line
certification methodology;
``(4) provide for continuing education and training for
facility security officers beyond certification requirements,
including a program to educate on the dangers and issues
associated with the shipment of hazardous and especially
hazardous cargo;
``(5) addresses port security topics, including--
``(A) facility security plans and procedures, including how
to develop security plans and security procedure requirements
when threat levels are elevated;
``(B) facility security force operations and management;
``(C) physical security and access control at facilities;
``(D) methods of security for preventing and countering
cargo theft;
``(E) container security;
``(F) recognition and detection of weapons, dangerous
substances, and devices;
``(G) operation and maintenance of security equipment and
systems;
``(H) security threats and patterns;
``(I) security incident procedures, including procedures
for communicating with governmental and nongovernmental
emergency response providers; and
``(J) evacuation procedures;
``(6) is consistent with, and supports implementation of,
the National Incident Management System, the National
Response Plan, the National Infrastructure Protection Plan,
the National Preparedness Guidance, the National Preparedness
Goal, the National Maritime Transportation Security Plan, and
other such national initiatives;

[[Page H7130]]

``(7) is evaluated against clear and consistent performance
measures;
``(8) addresses security requirements under facility
security plans;
``(9) addresses requirements under the International Code
for the Security of Ships and Port Facilities to address
shore leave for mariners and access to visitors,
representatives of seafarers' welfare organizations, and
labor organizations; and
``(10) such other subject matters as may be prescribed by
the Secretary.
``(c) Continuing Security Training.--The Secretary, in
coordination with the Secretary of Transportation, shall work
with State and local law enforcement agencies and industry
stakeholders to develop and certify the following additional
security training requirements for Federal, State, and local
officials with security responsibilities at United States
seaports:
``(1) A program to familiarize them with port and shipping
operations, requirements of the Maritime Transportation
Security Act of 2002 (Public Law 107-295), and other port and
cargo security programs that educates and trains them with
respect to their roles and responsibilities.
``(2) A program to familiarize them with dangers and
potential issues with respect to shipments of hazardous and
especially hazardous cargoes.
``(3) A program of continuing education as deemed necessary
by the Secretary.
``(d) Training Partners.--In developing curriculum and
delivering training established pursuant to subsections (a)
and (c), the Secretary, in coordination with the Maritime
Administrator of the Department of Transportation and
consistent with section 109 of the Maritime Transportation
Security Act of 2002 [46 U.S.C. 70101 note], shall work with
institutions with maritime expertise and with industry
stakeholders with security expertise to develop appropriate
training capacity to ensure that training can be provided in
a geographically balanced manner to personnel seeking
certification under subsection (a) or education and training
under subsection (c).
``(e) Established Grant Program.--The Secretary shall issue
regulations or grant solicitations for grants for homeland
security or port security to ensure that activities
surrounding the development of curriculum and the provision
of training and these activities are eligible grant
activities under both grant programs.''.
(b) Conforming Amendment.--Section 113 of the SAFE Port Act
(6 U.S.C. 911) is repealed.
(c) Table of Contents Amendment.--The table of contents for
chapter 701 of title 46, United States Code, is further
amended by adding at the end the following:

``70125. Port security training for facility security officers''.

SEC. 822. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH
LOCAL PORT AUTHORITIES, STATE HARBOR DIVISIONS,
AND LAW ENFORCEMENT AGENCIES.

Section 70102 of title 46, United States Code, is amended
by adding at the end thereof the following:
``(c) Sharing of Assessment Integration of Plans and
Equipment.--The owner or operator of a facility, consistent
with any Federal security restrictions, shall--
``(1) make a current copy of the vulnerability assessment
conducted under subsection (b) available to the port
authority with jurisdiction of the facility and appropriate
State or local law enforcement agencies; and
``(2) integrate, to the maximum extent practical, any
security system for the facility with compatible systems
operated or maintained by the appropriate State, law
enforcement agencies, and the Coast Guard.''.

SEC. 823. TRANSPORTATION SECURITY CARDS.

Section 70105 of title 46, United States Code, is further
amended by adding at the end thereof the following:
``(q) Receipt and Activation of Transportation Security
Card.--
``(1) In general.--Not later than one year after the date
of publication of final regulations required by subsection
(k)(3) of this section the Secretary shall develop a plan to
permit the receipt and activation of transportation security
cards at any vessel or facility described in subsection (a)
of this section that desires to implement this capability.
This plan shall comply, to the extent possible, with all
appropriate requirements of Federal standards for personal
identity verification and credential.
``(2) Limitation.--The Secretary may not require any such
vessel or facility to provide on-site activation
capability.''.

SEC. 824. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS
EQUIPMENT AT INTERAGENCY OPERATIONAL CENTERS.

Section 70107A of title 46, United States Code, is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Deployment of Interoperable Communications Equipment
at Interagency Operational Centers.--The Secretary, subject
to the availability of appropriations, shall ensure that
interoperable communications technology is deployed at all
interagency operational centers established under subsection
(a) and that such technology and equipment has been tested in
live operational environments before deployment.''.

SEC. 825. INTERNATIONAL PORT AND FACILITY INSPECTION
COORDINATION.

(a) Coordination.--The Secretary of the department in which
the Coast Guard is operating shall, to the extent
practicable, conduct the assessments required by the
following provisions of law concurrently, or develop a
process by which they are integrated and conducted by the
Coast Guard:
(1) Section 205 of the SAFE Port Act (6 U.S.C. 945).
(2) Section 213 of that Act (6 U.S.C. 964).
(3) Section 70108 of title 46, United States Code.
(b) Limitation.--Nothing in subsection (a) shall be
construed to affect or diminish the Secretary's authority or
discretion--
(1) to conduct an assessment of a foreign port at any time;
(2) to compel the Secretary to conduct an assessment of a
foreign port so as to ensure that 2 or more assessments are
conducted concurrently; or
(3) to cancel an assessment of a foreign port if the
Secretary is unable to conduct 2 or more assessments
concurrently.
(c) Multiple Assessment Report.--The Secretary shall
provide written notice to the Committee on Commerce, Science,
and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Homeland Security of
the House of Representatives whenever the Secretary conducts
2 or more assessments of the same port within a 3-year
period.

SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT MITIGATION
PLAN.

Section 70103(b)(2) of title 46, United States Code, is
amended--
(1) by redesignating subparagraphs (E) through (G) as
subparagraphs (F) through (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) establish area response and recovery protocols to
prepare for, respond to, mitigate against, and recover from a
transportation security incident consistent with section 202
of the SAFE Port Act of 2006 (6 U.S.C. 942) and subsection
(a) of this section;''.

SEC. 827. RISK BASED RESOURCE ALLOCATION.

(a) National Standard.--Within 1 year after the date of
enactment of this Act, in carrying out chapter 701 of title
46, United States Code, the Secretary of the department in
which the Coast Guard is operating shall develop and utilize
a national standard and formula for prioritizing and
addressing assessed security risks at United State ports and
facilities on or adjacent to the waterways of the United
States, such as the Maritime Security Risk Assessment Model
that has been tested by the Department of Homeland Security.
(b) Use by Maritime Security Committees.--Within 2 years
after the date of enactment of this Act, the Secretary shall
require each Area Maritime Security Committee to use this
standard to regularly evaluate each port's assessed risk and
prioritize how to mitigate the most significant risks.
(c) Other Uses of Standard.--The Secretary shall utilize
the standard when considering departmental resource
allocations and grant making decisions.
(d) Use of Maritime Risk Assessment Model.--Within 180 days
after the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall make
the United States Coast Guard's Maritime Security Risk
Assessment Model available, in an unclassified version, on a
limited basis to regulated vessels and facilities to conduct
true risk assessments of their own facilities and vessels
using the same criteria employed by the Coast Guard when
evaluating a port area, facility, or vessel.

SEC. 828. PORT SECURITY ZONES.

(a) In General.--Section 701 of title 46, United States
Code, is amended by adding at the end the following:

``SUBCHAPTER II--PORT SECURITY ZONES

``Sec. 70131. Definitions

``In this subchapter:
``(1) Law enforcement agency.--The term `law enforcement
agency' means an agency of a State, a political subdivision
of a State, or a Federally recognized tribe that is
authorized by law to supervise the prevention, detection,
investigation, or prosecution of any violation of criminal
law.
``(2) Security zone.--The term `security zone' means a
security zone, established by the Commandant of the Coast
Guard or the Commandant's designee pursuant to section 1 of
title II of the Act of June 15, 1917 (50 U.S.C. 191) or
section 7(b) of the Ports and Waterways Safety Act (33 U.S.C.
1226(b)), for a vessel carrying especially hazardous cargo
when such vessel--
``(A) enters, or operates within, the internal waters of
the United States and the territorial sea of the United
States; or
``(B) transfers such cargo or residue in any port or place,
under the jurisdiction of the United States, within the
territorial sea of the United States or the internal waters
of the United States.

``Sec. 70132. Credentialing standards, training, and
certification for State and local support for the
enforcement of security zones for the transportation of
especially hazardous cargo

``(a) Standard.--The Commandant of the Coast Guard shall
establish, by regulation, national standards for training and
credentialing of law enforcement personnel--
``(1) to enforce a security zone; or

[[Page H7131]]

``(2) to assist in the enforcement of a security zone.
``(b) Training.--
``(1) The Commandant of the Coast Guard--
``(A) shall develop and publish a training curriculum for--
``(i) law enforcement personnel to enforce a security zone;
``(ii) law enforcement personnel to enforce or assist in
the enforcement of a security zone; and
``(iii) personnel who are employed or retained by a
facility or vessel owner to assist in the enforcement of a
security zone; and
``(B) may--
``(i) test and deliver such training, the curriculum for
which is developed pursuant to subparagraph (A);
``(ii) enter into an agreement under which a public entity
(including a Federal agency) or private entity may test and
deliver such training, the curriculum for which has been
developed pursuant to subparagraph (A); and
``(iii) may accept a program, conducted by a public entity
(including a Federal agency) or private entity, through which
such training is delivered the curriculum for which is
developed pursuant to subparagraph (A).
``(2) Any Federal agency that provides such training, and
any public or private entity that receives moneys, pursuant
to section 70107(b)(8) of this title, to provide such
training, shall provide such training--
``(A) to law enforcement personnel who enforce or assist in
the enforcement of a security zone; and
``(B) on an availability basis to--
``(i) law enforcement personnel who assist in the
enforcement of a security zone; and
``(ii) personnel who are employed or retained by a facility
or vessel owner or operator to assist in the enforcement of a
security zone.
``(3) If a Federal agency provides the training, the head
of such agency may, notwithstanding any other provision of
law, accept payment from any source for such training, and
any amount received as payment shall be credited to the
appropriation, current at the time of collection, charged
with the cost thereof and shall be merged with, and available
for, the same purposes of such appropriation.
``(4) Notwithstanding any other provision of law, any
moneys, awarded by the Department of Homeland Security in the
form of awards or grants, may be used by the recipient to pay
for training of personnel to assist in the enforcement of
security zones and limited access areas.
``(c) Certification; Training Partners.--In developing and
delivering training under the training program, the
Secretary, in coordination with the Maritime Administrator of
the Department of Transportation, and consistent with section
109 of the Maritime Transportation Security Act of 2002 (46
U.S.C. 70101 note), shall--
``(1) work with government training facilities, academic
institutions, private organizations, employee organizations,
and other entities that provide specialized, state-of-the-art
training for governmental and nongovernmental emergency
responder providers or commercial seaport personnel and
management;
``(2) utilize, as appropriate, government training
facilities, courses provided by community colleges, public
safety academies, State and private universities, and other
facilities; and
``(3) certify organizations that offer the curriculum for
training and certification.''.
(b) Grants; Administration.--Section 70107 of title 46,
United States Code, is amended--
(1) by striking ``services.'' in subsection (a) and
inserting ``services and to train law enforcement personnel
under section 70132 of this title.'';
(2) by adding at the end of subsection (b) the following:
``(8) The cost of training law enforcement personnel--
``(A) to enforce a security zone under section 70132 of
this title; or
``(B) assist in the enforcement of a security zone.'';
(3) by adding at the end of subsection (c)(2) the
following:
``(C) Training.--There are no matching requirements for
grants under subsection (a) to train law enforcement agency
personnel in the enforcement of security zones under section
70132 of this title or in assisting in the enforcement of
such security zones.''; and
(4) by striking ``2011'' in subsection (l) and inserting
``2013''.
(c) Conforming Amendments.--
(1) Subchapter i designation.--Chapter 701 of title 46,
United States Code, is amended by inserting before section
70101 the following:

``SUBCHAPTER I--GENERAL''.

(2) Table of contents amendments.--The table of contents
for chapter 701 of title 46, United States Code, is amended--
(3) by inserting before the item relating to section 70101
the following:

``Subchapter I--General''; and

(4) by adding at the end the following:

``subchapter ii--port security zones

``70131. Definitions
``70132. Credentialing standards, training, and certification for State
and local support for the enforcement of security zones
for the transportation of especially hazardous cargo''.

TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. WAIVERS.

(a) General Coastwise Waiver.--Notwithstanding section
12112 and chapter 551 of title 46, United States Code, the
Secretary of the department in which the Coast Guard is
operating may issue a certificate of documentation with a
coastwise endorsement for the following vessels:
(1) ZIPPER (State of New York regulation number NY3205EB).
(2) GULF DIVER IV (United States official number 553457).
(b) GALLANT LADY.--Section 1120(c) of the Coast Guard
Authorization Act of 1996 (110 Stat. 3977) is amended--
(1) in paragraph (1)--
(A) by striking ``of Transportation'' and inserting ``of
the department in which the Coast Guard is operating''; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) the vessel GALLANT LADY (Feadship hull number 672,
approximately 168 feet in length).'';
(2) by amending paragraph (3) to read as follows:
``(3) Condition.--The only nonrecreational activity
authorized for the vessel referred to in subparagraph (A) of
paragraph (1) is the transportation of individuals on behalf
of an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code, for which the owner of the
vessel receives no compensation.'';
(3) by striking paragraph (4) and redesignating paragraph
(5) as paragraph (4); and
(4) in paragraph (4) (as so redesignated) by striking all
after ``shall expire'' and inserting ``on the date of the
sale of the vessel by the owner.''.
(c) Activity of Certain Vessels.--
(1) In general.--Section 12102 of title 46, United States
Code, is amended by adding at the end the following:
``(d) Aquaculture Waiver.--
``(1) Permitting of nonqualified vessels to perform certain
aquaculture support operations.--Notwithstanding section
12113 and any other law, the Secretary of Transportation may
issue a waiver allowing a documented vessel with a registry
endorsement or a foreign flag vessel to be used in operations
that treat aquaculture fish for or protect aquaculture fish
from disease, parasitic infestation, or other threats to
their health if the Secretary finds, after publishing a
notice in the Federal Register, that a suitable vessel of the
United States is not available that could perform those
services.
``(2) Prohibition.--Vessels operating under a waiver issued
under this subsection may not engage in any coastwise
transportation.''.
(2) Implementing and interim regulations.--The Secretary of
the department in which the Coast Guard is operating shall,
in accordance with section 553 of title 5, United States
Code, and after public notice and comment, promulgate
regulations necessary and appropriate to implement this
subsection. The Secretary may grant interim permits pending
the issuance of such regulations upon receipt of applications
containing the required information.

SEC. 902. CREW WAGES ON PASSENGER VESSELS.

(a) Foreign and Intercoastal Voyages.--
(1) Cap on penalty wages.--Section 10313(g) of title 46,
United States Code, is amended--
(A) by striking ``When'' and inserting ``(1) Subject to
paragraph (2), when''; and
(B) by adding at the end the following:
``(2) The total amount required to be paid under paragraph
(1) with respect to all claims in a class action suit by
seamen on a passenger vessel capable of carrying more than
500 passengers for wages under this section against a vessel
master, owner, or operator or the employer of the seamen
shall not exceed ten times the unpaid wages that are the
subject of the claims.
``(3) A class action suit for wages under this subsection
must be commenced within three years after the later of--
``(A) the date of the end of the last voyage for which the
wages are claimed; or
``(B) the receipt, by a seaman who is a claimant in the
suit, of a payment of wages that are the subject of the suit
that is made in the ordinary course of employment.''.
(2) Deposits.--Section 10315 of such title is amended by
adding at the end the following:
``(f) Deposits in Seaman Account.--By written request
signed by the seaman, a seaman employed on a passenger vessel
capable of carrying more than 500 passengers may authorize
the master, owner, or operator of the vessel, or the employer
of the seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or
other account to secure a payroll or debit card for the
seaman if--
``(1) the wages designated by the seaman for such deposit
are deposited in a United States or international financial
institution designated by the seaman;
``(2) such deposits in the financial institution are fully
guaranteed under commonly accepted international standards by
the government of the country in which the financial
institution is licensed;
``(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman
no less often than monthly; and
``(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all
funds on deposit in the account in which the wages are
deposited.''.
(b) Coastwise Voyages.--

[[Page H7132]]

(1) Cap on penalty wages.--Section 10504(c) of such title
is amended--
(A) by striking ``When'' and inserting ``(1) Subject to
subsection (d), and except as provided in paragraph (2),
when''; and
(B) by inserting at the end the following:
``(2) The total amount required to be paid under paragraph
(1) with respect to all claims in a class action suit by
seamen on a passenger vessel capable of carrying more than
500 passengers for wages under this section against a vessel
master, owner, or operator or the employer of the seamen
shall not exceed ten times the unpaid wages that are the
subject of the claims.
``(3) A class action suit for wages under this subsection
must be commenced within three years after the later of--
``(A) the date of the end of the last voyage for which the
wages are claimed; or
``(B) the receipt, by a seaman who is a claimant in the
suit, of a payment of wages that are the subject of the suit
that is made in the ordinary course of employment.''.
(2) Deposits.--Section 10504 of such title is amended by
adding at the end the following:
``(f) Deposits in Seaman Account.--On written request
signed by the seaman, a seaman employed on a passenger vessel
capable of carrying more than 500 passengers may authorize,
the master, owner, or operator of the vessel, or the employer
of the seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or
other account to secure a payroll or debit card for the
seaman if--
``(1) the wages designated by the seaman for such deposit
are deposited in a United States or international financial
institution designated by the seaman;
``(2) such deposits in the financial institution are fully
guaranteed under commonly accepted international standards by
the government of the country in which the financial
institution is licensed;
``(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman
no less often than monthly; and
``(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all
funds on deposit in the account in which the wages are
deposited.''.

SEC. 903. TECHNICAL CORRECTIONS.

(a) Coast Guard and Maritime Transportation Act of 2006.--
Effective with enactment of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241), such Act is
amended--
(1) in section 311(b) (120 Stat. 530) by inserting
``paragraphs (1) and (2) of'' before ``section 8104(o)'';
(2) in section 603(a)(2) (120 Stat. 554) by striking ``33
U.S.C. 2794(a)(2)'' and inserting ``33 U.S.C. 2704(a)(2)'';
(3) in section 901(r)(2) (120 Stat. 566) by striking
``the'' the second place it appears;
(4) in section 902(c) (120 Stat. 566) by inserting ``of the
United States'' after ``Revised Statutes'';
(5) in section 902(e) (120 Stat. 567) is amended--
(A) by inserting ``and'' after the semicolon at the end of
paragraph (1);
(B) by striking ``and'' at the end of paragraph (2)(A); and
(C) by redesignating paragraphs (3) and (4) as
subparagraphs (C) and (D) of paragraph (2), respectively, and
aligning the left margin of such subparagraphs with the left
margin of subparagraph (A) of paragraph (2);
(6) in section 902(e)(2)(C) (as so redesignated) by
striking ``this section'' and inserting ``this paragraph'';
(7) in section 902(e)(2)(D) (as so redesignated) by
striking ``this section'' and inserting ``this paragraph'';
(8) in section 902(h)(1) (120 Stat. 567)--
(A) by striking ``Bisti/De-Na-Zin'' and all that follows
through ``Protection'' and inserting ``Omnibus Parks and
Public Lands Management''; and
(B) by inserting a period after ``Commandant of the Coast
Guard''; and
(9) in section 902(k) (120 Stat. 568) is amended--
(A) by inserting ``the Act of March 23, 1906, commonly
known as'' before ``the General Bridge'';
(B) by striking ``491)'' and inserting ``494),''; and
(C) by inserting ``each place it appears'' before ``and
inserting''.
(b) Title 14.--
(1) The analysis for chapter 7 of title 14, United States
Code, is amended by adding a period at the end of the item
relating to section 149.
(2) The analysis for chapter 17 of title 14, United States
Code, is amended by adding a period at the end of the item
relating to section 677.
(3) The analysis for chapter 9 of title 14, United States
Code, is amended by adding a period at the end of the item
relating to section 198.
(4) Section 182 of title 14, United States Code, is amended
by striking the third sentence.
(c) Title 46.--
(1) The analysis for chapter 81 of title 46, United States
Code, is amended by adding a period at the end of the item
relating to section 8106.
(2) Section 70105(c)(3)(C) of such title is amended by
striking ``National Intelligence Director'' and inserting
``Director of National Intelligence''.
(d) Deepwater Port Act of 1974.--Section 5(c)(2) of the
Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended
by aligning the left margin of subparagraph (K) with the left
margin of subparagraph (L).
(e) Oil Pollution Act of 1990.--
(1) Section 1004(a)(2) of the Oil Pollution Act of 1990 (33
U.S.C. 2704(a)(2)) is amended by striking the first comma
following ``$800,000''.
(2) The table of sections in section 2 of such Act is
amended by inserting a period at the end of the item relating
to section 7002.
(f) Coast Guard Authorization Act of 1996.--The table of
sections in section 2 of the Coast Guard Authorization Act of
1996 is amended in the item relating to section 103 by
striking ``reports'' and inserting ``report''.

SEC. 904. MANNING REQUIREMENT.

Section 421 of the Coast Guard and Maritime Transportation
Act of 2006 (Public Law 109-241; 120 Stat. 547) is amended--
(1) in subsection (a), by striking ``in the 48-month period
beginning on the date of enactment of this Act if,'' and
inserting ``until the date of expiration of this section
if,'';
(2) in subsection (b), by striking ``Subsection (a)(1)''
and inserting ``Subsection (a)'';
(3) in subsection (d), by striking ``48 months after the
date of enactment of this Act.'' and inserting ``on December
31, 2012.''; and
(4) by redesignating subsection (e) as subsection (f) and
inserting after subsection (d) the following:
``(e) Safety Inspections.--A vessel may not engage a
foreign citizen to meet a manning requirement under this
section unless it has an annual safety examination by an
individual authorized to enforce part B of subtitle II of
title 46, United States Code.''.

SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS.

The Commandant of the Coast Guard shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a comprehensive study on the
proposed construction or alteration of any bridge,
drawbridge, or causeway over navigable waters with a channel
depth of 25 feet or greater of the United States that may
impede or obstruct future navigation to or from port
facilities.

SEC. 906. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN
SEAMEN.

Section 11108(b)(2)(B) of title 46, United States Code, is
amended to read as follows:
``(B) who performs regularly assigned duties while engaged
as a master, officer, or crewman on a vessel operating on
navigable waters in 2 or more States.''.

SEC. 907. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE
COUNTY, MICHIGAN, TO THE CITY OF MARQUETTE,
MICHIGAN.

(a) Conveyance Authorized.--
(1) In general.--The Commandant of the Coast Guard may
convey as surplus property, under section 550 of title 40,
United States Code, and other relevant Federal Laws governing
the disposal of Federal surplus property, to the City of
Marquette, Michigan (in this section referred to as the
``City''), all right, title, and interest of the United
States in and to a parcel of real property, together with any
improvements thereon, located in Marquette County, Michigan,
that is under the administrative control of the Coast Guard,
consisting of approximately 5.5 acres of real property, as
depicted on the Van Neste survey (#204072), dated September
7, 2006, together with the land between the intermediate
traverse line as shown on such survey and the ordinary high
water mark, the total comprising 9 acres, more or less, and
commonly identified as Coast Guard Station Marquette and
Lighthouse Point.
(2) Costs of conveyance.--The responsibility for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the transaction shall be determined by the Commandant of
the Coast Guard and the City.
(b) Retention of Certain Easements.--In conveying the
property under subsection (a), the Commandant of the Coast
Guard may retain such easements over the property as the
Commandant considers appropriate for access to aids to
navigation.
(c) Limitations.--The property to be conveyed under
subsection (a) may not be conveyed under that subsection
until--
(1) the Coast Guard has relocated Coast Guard Station
Marquette to a newly constructed station;
(2) any environmental remediation required under Federal
law with respect to the property has been completed; and
(3) the Commandant of the Coast Guard determines that
retention of the property by the United States is not
required to carry out Coast Guard missions or functions.
(d) Conditions of Transfer.--All conditions placed within
the deed of title of the property to be conveyed under
subsection (a) shall be construed as covenants running with
the land.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Commandant of the Coast Guard.
(f) Additional Terms and Conditions.--The Commandant of the
Coast Guard may require such additional terms and conditions
in connection with the conveyance authorized by subsection
(a) as the Commandant considers appropriate to protect the
interests of the United States.

[[Page H7133]]

SEC. 908. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS
OF THE RIO GRANDE RIVER, TEXAS, INTERNATIONAL
WATER BOUNDARY.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of the department in which the Coast
Guard is operating shall prepare a mission requirement
analysis for the navigable portions of the Rio Grande River,
Texas, international water boundary. The analysis shall take
into account the Coast Guard's involvement on the Rio Grande
River by assessing Coast Guard missions, assets, and
personnel assigned along the Rio Grande River. The analysis
shall also identify what would be needed for the Coast Guard
to increase search and rescue operations, migrant
interdiction operations, and drug interdiction operations. In
carrying out this section, the Secretary shall work with all
appropriate entities to facilitate the collection of
information under this section as necessary and shall report
the analysis to the Congress.

SEC. 909. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN,
MICHIGAN.

(a) Conveyance Authorized.--Notwithstanding any other
provision of law, the Commandant of the Coast Guard is
authorized to convey, at fair market value, all right, title,
and interest of the United States in and to a parcel of real
property, consisting of approximately 3 acres, more or less,
that is under the administrative control of the Coast Guard
and located at 900 S. Western Avenue in Cheboygan, Michigan.
(b) Right of First Refusal.--The Cornerstone Christian
Academy, located in Cheboygan, MI, shall have the right of
first refusal to purchase, at fair market value, all or a
portion of the real property described in subsection (a).
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Commandant of the Coast Guard.
(d) Fair Market Value.--The fair market value of the
property shall be--
(1) determined by appraisal, in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice; and
(2) subject to the approval of the Commandant.
(e) Costs of Conveyance.--The responsibility for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the transaction shall be determined by the Commandant of
the Coast Guard and the purchaser.
(f) Additional Terms and Conditions.--The Commandant of the
Coast Guard may require such additional terms and conditions
in connection with the conveyance under subsection (a) as is
considered appropriate to protect the interests of the United
States.

SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF
UNINSPECTED PASSENGER VESSELS ON LAKE TEXOMA IN
TEXAS AND OKLAHOMA.

(a) In General.--Upon the request of the Governor of the
State of Texas or the Governor of the State of Oklahoma, the
Secretary of the department in which the Coast Guard is
operating shall enter into an agreement with the Governor of
the State whereby the State shall license operators of
uninspected passenger vessels operating on Lake Texoma in
Texas and Oklahoma in lieu of the Secretary issuing the
license pursuant to section 8903 of title 46, United States
Code, and the regulations issued thereunder, but only if the
State plan for licensing the operators of uninspected
passenger vessels--
(1) meets the equivalent standards of safety and protection
of the environment as those contained in subtitle II of title
46, United States Code, and regulations issued thereunder;
(2) includes--
(A) standards for chemical testing for such operators;
(B) physical standards for such operators;
(C) professional service and training requirements for such
operators; and
(D) criminal history background check for such operators;
(3) provides for the suspension and revocation of State
licenses;
(4) makes an individual, who is ineligible for a license
issued under title 46, United States Code, ineligible for a
State license; and
(5) provides for a report that includes--
(A) the number of applications that, for the preceding
year, the State rejected due to failure to--
(i) meet chemical testing standards;
(ii) meet physical standards;
(iii) meet professional service and training requirements;
and
(iv) pass criminal history background check for such
operators;
(B) the number of licenses that, for the preceding year,
the State issued;
(C) the number of license investigations that, for the
preceding year, the State conducted;
(D) the number of licenses that, for the preceding year,
the State suspended or revoked, and the cause for such
suspensions or revocations; and
(E) the number of injuries, deaths, collisions, and loss or
damage associated with uninspected passenger vessels
operations that, for the preceding year, the State
investigated.
(b) Administration.--
(1) The Governor of the State may delegate the execution
and enforcement of the State plan, including the authority to
license and the duty to report information pursuant to
subsection (a), to any subordinate State officer. The
Governor shall provide, to the Secretary, written notice of
any delegation.
(2) The Governor (or the Governor's designee) shall provide
written notice of any amendment to the State plan no less
than 45 days prior to the effective date of such amendment.
(3) At the request of the Secretary, the Governor of the
State (or the Governor's designee) shall grant, on a biennial
basis, the Secretary access to State records and State
personnel for the purpose of auditing State execution and
enforcement of the State plan.
(c) Application.--
(1) The requirements of section 8903 of title 46, United
States Code, and the regulations issued thereunder shall not
apply to any person operating under the authority of a State
license issued pursuant to an agreement under this section.
(2) The State shall not compel a person, operating under
the authority of a license issued either by another State,
pursuant to a valid agreement under this section, or by the
Secretary, pursuant to section 8903 of title 46, United
States Code, to--
(A) hold a license issued by the State, pursuant to an
agreement under this section; or
(B) pay any fee, associated with licensing, because the
person does not hold a license issued by the State, pursuant
to an agreement under this section.

Nothing in this paragraph shall limit the authority of the
State to impose requirements or fees for privileges, other
than licensing, that are associated with the operation of
uninspected passenger vessels on Lake Texoma.
(3) For the purpose of enforcement, if an individual is
issued a license--
(A) by a State, pursuant to an agreement entered into under
to this section; or
(B) by the Secretary, pursuant to section 8903 of title 46,
United States Code,
then the individual shall be entitled to lawfully operate an
uninspected passenger vessel on Lake Texoma in Texas and
Oklahoma without further requirement to hold an additional
operator's license.
(d) Termination.--
(1) If--
(A) the Secretary finds that the State plan for the
licensing the operators of uninspected passenger vessels--
(i) does not meet the equivalent standards of safety and
protection of the environment as those contained in subtitle
II of title 46, United States Code, and regulations issued
thereunder;
(ii) does not include--

(I) standards for chemical testing for such operators,
(II) physical standards for such operators,
(III) professional service and training requirements for
such operators, or
(IV) background and criminal investigations for such
operators;

(iii) does not provide for the suspension and revocation of
State licenses; or
(iv) does not make an individual, who is ineligible for a
license issued under title 46, United States Code, ineligible
for a State license; or
(B) the Governor (or the Governor's designee) fails to
report pursuant to subsection (b),

the Secretary shall terminate the agreement authorized by
this section, provided that the Secretary provides written
notice to the Governor of the State 60 days in advance of
termination. The findings of fact and conclusions of the
Secretary, if based on a preponderance of the evidence, shall
be conclusive.
(2) The Governor of the State may terminate the agreement
authorized by this section, provided that the Governor
provides written notice to the Secretary 60 days in advance
of the termination date.
(e) Existing Authority.--Nothing in this section shall
affect or diminish the authority or jurisdiction of any
Federal or State officer to investigate, or require reporting
of, marine casualties.
(f) Definitions.--For the purposes of this section, the
term ``uninspected passenger vessel'' has the same meaning
such term has in section 2101(42)(B) of title 46, United
States Code.

SEC. 911. STRATEGY REGARDING DRUG TRAFFICKING VESSELS.

Within 180 days after the date of enactment of this Act,
the Secretary of the department in which the Coast Guard is
operating, acting through the Commandant of the Coast Guard,
shall submit a report to Congress on its comprehensive
strategy to combat the illicit flow of narcotics, weapons,
bulk cash, and other contraband through the use of
submersible and semi-submersible vessels. The strategy shall
be developed in coordination with other Federal agencies
engaged in detection, interdiction, or apprehension of such
vessels. At a minimum, the report shall include the
following:
(1) An assessment of the threats posed by submersible and
semi-submersible vessels, including the number of such
vessels that have been detected or interdicted.
(2) Information regarding the Federal personnel, technology
and other resources available to detect and interdict such
vessels.
(3) An explanation of the Coast Guard's plan, working with
other Federal agencies as appropriate, to detect and
interdict such vessels.
(4) An assessment of additional personnel, technology, or
other resources necessary to address such vessels.

[[Page H7134]]

SEC. 912. USE OF FORCE AGAINST PIRACY.

(a) In General.--Chapter 81 of title 46, United States
Code, is amended by adding at the end the following new
section:

``Sec. 8107. Use of force against piracy

``(a) Limitation on Liability.--An owner, operator, time
charterer, master, mariner, or individual who uses force or
authorizes the use of force to defend a vessel of the United
States against an act of piracy shall not be liable for
monetary damages for any injury or death caused by such force
to any person engaging in an act of piracy if such force was
in accordance with standard rules for the use of force in
self-defense of vessels prescribed by the Secretary.
``(b) Promotion of Coordinated Action.--To carry out the
purpose of this section, the Secretary of the department in
which the Coast Guard is operating shall work through the
International Maritime Organization to establish agreements
to promote coordinated action among flag- and port-states to
deter, protect against, and rapidly respond to piracy against
the vessels of, and in the waters under the jurisdiction of,
those nations, and to ensure limitations on liability similar
to those established by subsection (a).
``(c) Definition.--For the purpose of this section, the
term `act of piracy' means any act of aggression, search,
restraint, depredation, or seizure attempted against a vessel
of the United States by an individual not authorized by the
United States, a foreign government, or an international
organization recognized by the United States to enforce law
on the high seas.''.
(b) Clerical Amendment.--The analysis at the beginning of
such chapter is amended by adding at the end the following
new item:

``8107. Use of force against piracy.''.

(c) Standard Rules for the Use of Force for Self-Defense of
Vessels of the United States.--Not later than 180 days after
the date of enactment of this act, the secretary of the
department in which the coast guard is operating, in
consultation with representatives of industry and labor,
shall develop standard rules for the use of force for self-
defense of vessels of the United States

SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46,
UNITED STATES CODE.

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

SEC. 914. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC
PURPOSES.

(a) In General.--Whenever the transfer of ownership of a
Coast Guard vessel or aircraft to an eligible entity for use
for educational, cultural, historical, charitable,
recreational, or other public purposes is authorized by law
or declared excess by the Commandant, the Coast Guard shall
transfer the vessel or aircraft to the General Services
Administration for conveyance to the eligible entity.
(b) Conditions of Conveyance.--The General Services
Administration may not convey a vessel or aircraft to an
eligible entity as authorized by law unless the eligible
entity agrees--
(1) to provide the documentation needed by the General
Services Administration to process a request for aircraft or
vessels under section 102.37.225 of title 41, Code of Federal
Regulations;
(2) to comply with the special terms, conditions, and
restrictions imposed on aircraft and vessels under section
102-37.460 of such title;
(3) to make the vessel available to the United States
Government if it is needed for use by the Commandant of the
Coast Guard in time of war or a national emergency; and
(4) to hold the United States Government harmless for any
claims arising from exposure to hazardous materials,
including asbestos and polychlorinated biphenyls, that occurs
after conveyance of the vessel, except for claims arising
from use of the vessel by the United States Government under
paragraph (3).
(c) Other Obligations Unaffected.--Nothing in this section
amends or affects any obligation of the Coast Guard or any
other person under the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) or any other law regarding use or
disposal of hazardous materials including asbestos and
polychlorinated biphenyls.
(d) Eligible Entity Defined.--In this section, the term
``eligible entity'' means a State or local government,
nonprofit corporation, educational agency, community
development organization, or other entity that agrees to
comply with the conditions established under this section.

SEC. 915. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND
TRAFFIC FLOW.

(a) Information on Usage.--Within 60 days after the date of
enactment of this Act, the Commandant of the Coast Guard
shall--
(1) determine the types and numbers of vessels typically
transiting or utilizing that portion of the Atlantic
Intracoastal Waterway beginning at a point that is due East
of the outlet of the Cutler Drain Canal C-100 in Dade County,
Florida, and ending at the Dade County line, during a period
of 30 days; and
(2) provide the information on usage compiled under this
subsection to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
(b) Assessment of Certain Aids to Navigation.--Within 90
days after the date of enactment of this Act, the Commandant
of the Coast Guard shall--
(1) review and assess the buoys, markers, and other aids to
navigation in and along that portion of the Atlantic
Intracoastal Waterway specified in subsection (a), to
determine the adequacy and sufficiency of such aids, and the
need to replace such aids, install additional aids, or both;
and
(2) submit a report on the assessment required by this
section to the committees.
(c) Submission of Plan.--Within 180 days after the date of
enactment of this Act, the Commandant shall submit a plan to
the committees to address the needs identified under
subsection (b).

SEC. 916. FRESNEL LENS FROM PRESQUE ISLE LIGHT STATION IN
PRESQUE ISLE, MICHIGAN.

(a) Determination; Analyses.--
(1) Determination.--The Commandant of the Coast Guard shall
determine the necessity and adequacy of the existing Federal
aids to navigation at Presque Isle Light Station, Presque
Isle, Michigan (hereinafter ``Light Station''), and submit
such determination to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate. The Commandant may base such determination on the
Waterways Analysis and Management System study of such
Federal aid to navigation, provided that such study was
completed not more than one year prior to the date of
enactment of this section.
(2) Analyses.--The Commandant of the Coast Guard shall
conduct--
(A) an analysis of the feasibility of restoring the Fresnel
Lens from the Light Station to operating condition, the
capacity of the Coast Guard to maintain the Fresnel Lens as a
Federal aid to navigation, and the impact on the Fresnel Lens
as an artifact if used as a Federal aid to navigation; and
(B) a comparative analysis of the cost of restoring,
reinstalling, operating, and maintaining the Fresnel Lens
(including life-cycle costs) and the cost of operating and
maintaining the existing Federal aid to navigation at the
Light Station (including life-cycle costs).
(3) Submission.--Not later than 1 year after the date of
enactment of this section, the Commandant of the Coast Guard
shall submit the determination and analyses, conducted
pursuant to this subsection, to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Transfer Possession of Lens Authorized.--
(1) Transfer of possession.--Notwithstanding any other
provision of law, the Commandant of the Coast Guard may
transfer to the Township of Presque Isle, Michigan
(hereinafter ``Township''), possession of the Fresnel Lens
from the Light Station for the purpose of conserving and
displaying such Fresnel Lens as an artifact in an exhibition
facility at or near the Light Station.
(2) Condition.--As a condition of the transfer of
possession pursuant to paragraph (1)--
(A) all Federal aids to navigation located at, on, or in
the Light Station in operation on the date of transfer of
possession shall remain the personal property of the United
States and continue to be operated and maintained by the
United States for as long as needed for navigational
purposes;
(B) there is reserved to the United States the right to
maintain, remove, replace, or install any Federal aid to
navigation located at, on, or in the Light Station as may be
necessary for navigational purposes; and
(C) the Township shall neither interfere nor allow
interference in any manner with any Federal aid to
navigation, nor hinder activities required for the operation
and maintenance of any Federal aid to navigation.
(3) Alternative display.--
(A) In the event that--

[[Page H7135]]

(i) the Commandant of the Coast Guard, pursuant to a
Waterways Analysis and Management System study, discontinues
the existing Federal aids to navigation at, on, or in the
Light Station; and
(ii) the Township demonstrates to the satisfaction of the
Commandant that the Township can restore, reinstall, and
display the Fresnel Lens from the Light Station in the
lantern room of such Light Station in a manner that conserves
such Fresnel Lens as an artifact;

the Township is authorized, notwithstanding paragraph (1), to
display such Fresnel Lens in the lantern room of such Light
Station.
(B) Nothing in this paragraph shall be construed to prevent
the Township from installing a replica of the Fresnel Lens in
the lantern room of such Light Station.
(c) Conveyance, Transfer of Additional Personal Property.--
Notwithstanding any other provision of law, the Commandant
may convey or transfer possession of any personal property of
the United States, pertaining to the Fresnel Lens or the
Light Station, as an artifact to the Township.
(d) Terms; Reversionary Interest.--As a condition of
transfer of possession of personal property of the United
States, pursuant to subsection (c), the Commandant may
require the Township to comply with terms and conditions
necessary to protect and conserve such personal property.
Upon notice that the Commandant has determined that the
Township has not complied with such terms and conditions, the
Township shall immediately transfer possession of such
personal property to the Coast Guard, except to the extent
otherwise approved by the Commandant.
(e) Conveyance Without Consideration.--The conveyance or
transfer of possession of any personal property of the United
States (including the Fresnel Lens) under this section shall
be without consideration.
(f) Delivery of Property.--The Commandant shall deliver any
personal property, conveyed or transferred pursuant to this
section (including the Fresnel Lens)--
(1) at the place where such property is located on the date
of the conveyance;
(2) in condition on the date of conveyance; and
(3) without cost to the United States.
(g) Maintenance of Property.--As a condition of the
transfer of possession of the Fresnel Lens and any other
personal property of the United States to the Township under
this section, the Commandant shall enter into an agreement
with the Township under which the Township agrees to hold the
United States harmless for any claim arising with respect to
the Fresnel Lens or such personal property.
(h) Limitation on Future Transfers.--The instruments
providing for the transfer of possession of the Fresnel Lens
or any other personal property of the United States under
this section shall--
(1) require that any further transfer of an interest in the
Fresnel Lens or personal property may not be made without the
advance approval of the Commandant; and
(2) provide that, if the Commandant determines that an
interest in the Fresnel Lens or personal property was
transferred without such approval--
(A) all right, title, and interest in the Fresnel Lens or
personal property shall revert to the United States, and the
United States shall have the right to immediate possession of
the Fresnel Lens or personal property; and
(B) the recipient of the Fresnel Lens or personal property
shall pay the United States for costs incurred by the United
States in recovering the Fresnel Lens or personal property.
(i) Additional Terms and Conditions.--The Commandant may
require such additional terms and conditions in connection
with the conveyance or transfer of personal property of the
United States (including the Fresnel Lens) authorized by this
section as the Commandant considers appropriate to protect
the interests of the United States.

SEC. 917. MARITIME LAW ENFORCEMENT.

(a) Penalties.--Section 2237(b) of title 18, United States
Code, is amended to read as follows:
``(b) Whoever knowingly violates this section shall--
``(1) if the offense results in death or involves
kidnapping, an attempt to kidnap or kill, conduct required
for an offense or an attempt to commit an offense, under
section 2241 (relating to aggravated sexual abuse) without
regard to where it takes place, or an attempt to kill, be
fined under this title or imprisoned for any term of years or
life, or both;
``(2) if the offense results in serious bodily injury (as
defined in section 1365), be fined under this title or
imprisoned for not more than 15 years, or both;
``(3) if the offense involves knowing transportation under
inhumane conditions and is committed in the course of a
violation of section 274 of the Immigration and Nationality
Act; chapter 77 or section 111, 111A, 113, or 117 of this
title; chapter 705 of title 46; or title II of the Act of
June 15, 1917 (Chapter 30; 40 Stat. 220), be fined under this
title or imprisoned for not more than 15 years, or both; and
``(4) in any other case, be fined under this title or
imprisoned for not more than 5 years, or both.''.
(b) Definition.--Section 2237(e) of title 18, United States
Code is amended--
(1) by amending paragraph (3) to read as follows:
``(3) the term `vessel subject to the jurisdiction of the
United States' has the meaning given the term in section
70502 of title 46;'';
(2) in paragraph (4), by striking ``section 2 of the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).''
and inserting ``section 70502 of title 46; and''; and
(3) by adding at the end the following new paragraph:
``(5) the term `transportation under inhumane conditions'
means--
``(A) transportation--
``(i) of one or more persons in an engine compartment,
storage compartment, or other confined space;
``(ii) at an excessive speed; or
``(iii) of a number of persons in excess of the rated
capacity of the vessel; or
``(B) intentional grounding of a vessel in which persons
are being transported.''.

SEC. 918. CAPITAL INVESTMENT PLAN.

The Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure and the
Committee on Commerce, Science, and Transportation of the
Senate the Coast Guard's 5-year capital investment plan
concurrent with the President's budget submission for each
fiscal year.

SEC. 919. REPORTS.

Notwithstanding any other provision of law, in fiscal year
2011 the total amount of appropriated funds obligated or
expended by the Coast Guard during any fiscal year in
connection with any study or report required by law may not
exceed the total amount of appropriated funds obligated or
expended by the Coast Guard for such purpose in fiscal year
2010. In order to comply with the requirements of this
limitation, the Commandant of the Coast Guard shall establish
for each fiscal year a rank order of priority for studies and
reports that can be conducted or completed during the fiscal
year consistent with this limitation and shall post the list
on the Coast Guard's public website.

SEC. 920. COMPLIANCE PROVISION.

The budgetary effects of this Act, for purposes of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on this conference
report or amendments between the Houses.

SEC. 921. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND,
MAINE.

Section 347 of the Maritime Transportation Security Act of
2002 (116 Stat. 2108; as amended by section 706 of Public Law
109-347 (120 Stat. 1946)) is amended in subsection (i), by
adding at the end the following new paragraph:
``(3) Public aquarium.--For purposes of this section, the
term `aquarium' or `public aquarium' as used in this section
or in the deed delivered to the Corporation or any agreement
entered into pursuant to this section, means any new building
constructed by the Corporation adjacent to the pier and
bulkhead in compliance with the waterfront provisions of the
City of Portland Code of Ordinances.''.

TITLE X--CLEAN HULLS

Subtitle A--General Provisions

SEC. 1011. DEFINITIONS.

In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Antifouling system.--The term ``antifouling system''
means a coating, paint, surface treatment, surface, or device
that is used or intended to be used on a vessel to control or
prevent attachment of unwanted organisms.
(3) Convention.--The term ``Convention'' means the
International Convention on the Control of Harmful Anti-
Fouling Systems on Ships, 2001, including its annexes, and
including any amendments to the Convention or annexes which
have entered into force for the United States.
(4) FPSO.--The term ``FPSO'' means a floating production,
storage, or offloading unit.
(5) FSU.--The term ``FSU'' means a floating storage unit.
(6) Gross tonnage.--The term ``gross tonnage'' as defined
in chapter 143 of title 46, United States Code, means the
gross tonnage calculated in accordance with the tonnage
measurement regulations contained in annex 1 to the
International Convention on Tonnage Measurement of Ships,
1969.
(7) International voyage.--The term ``international
voyage'' means a voyage by a vessel entitled to fly the flag
of one country to or from a port, shipyard, offshore
terminal, or other place under the jurisdiction of another
country.
(8) Organotin.--The term ``organotin'' means any compound
or additive of tin bound to an organic ligand, that is used
or intended to be used as biocide in an antifouling system.
(9) Person.--The term ``person'' means--
(A) any individual, partnership, association, corporation,
or organized group of persons whether incorporated or not;
(B) any department, agency, or instrumentality of the
United States, except as provided in section 3(b)(2); or
(C) any other government entity.

[[Page H7136]]

(10) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(11) Sell or distribute.--The term ``sell or distribute''
means to distribute, sell, offer for sale, hold for
distribution, hold for sale, hold for shipment, ship, deliver
for shipment, release for shipment, import, export, hold for
import, hold for export, or receive and (having so received)
deliver or offer to deliver.
(12) Vessel.--The term ``vessel'' has the meaning given
that term in section 3 of title 1, United States Code,
including hydrofoil boats, air cushion watercraft,
submersibles, floating craft, fixed or floating platforms,
floating storage units, and floating production, storage, and
offloading units.
(13) Territorial sea.--The term ``territorial sea'' means
the territorial sea as described in Presidential Proclamation
No. 5928 on December 27, 1988.
(14) United states.--The term ``United States'' means the
several States of the United States, the District of
Columbia, Puerto Rico, Guam, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Marianas, and any
other territory or possession over which the United States
has jurisdiction.
(15) Use.--The term ``use'' includes application,
reapplication, installation, or any other employment of an
antifouling system.

SEC. 1012. COVERED VESSELS.

(a) Included Vessel.--Except as provided in subsection (b),
after the Convention enters into force for the United States,
the following vessels are subject to the requirements of this
title:
(1) A vessel documented under chapter 121 of title 46,
United States Code, or one operated under the authority of
the United States, wherever located.
(2) Any vessel permitted by a Federal agency to operate on
the Outer Continental Shelf.
(3) Any other vessel when--
(A) in the internal waters of the United States;
(B) in any port, shipyard, offshore terminal, or other
place in the United States;
(C) lightering in the territorial sea; or
(D) to the extent consistent with international law,
anchoring in the territorial sea of the United States.
(b) Excluded Vessels.--
(1) In general.--The following vessels are not subject to
the requirements of this title:
(A) Any warship, naval auxiliary, or other vessel owned or
operated by a foreign state, and used, for the time being,
only on government noncommercial service.
(B) Except as provided in paragraph (2), any warship, naval
auxiliary, or other vessel owned or operated by the United
States and used for the time being only on government
noncommercial service.
(2) Application to united states government vessels.--
(A) In general.--The Administrator may apply any
requirement of this title to one or more classes of vessels
described in paragraph (1)(B), if the head of the Federal
department or agency under which those vessels operate
concurs in that application.
(B) Limitation for combat-related vessel.--Subparagraph (A)
shall not apply to combat-related vessels.

SEC. 1013. ADMINISTRATION AND ENFORCEMENT.

(a) In General.--Unless otherwise specified in this title,
with respect to a vessel, the Secretary shall administer and
enforce the Convention and this title.
(b) Administrator.--Except with respect to section 1031(b)
and (c), the Administrator shall administer and enforce
subtitle C.
(c) Regulations.--The Administrator and the Secretary may
each prescribe and enforce regulations as may be necessary to
carry out their respective responsibilities under this title.

SEC. 1014. COMPLIANCE WITH INTERNATIONAL LAW.

Any action taken under this title shall be taken in
accordance with treaties to which the United States is a
party and other international obligations of the United
States.

SEC. 1015. UTILIZATION OF PERSONNEL, FACILITIES OR EQUIPMENT
OF OTHER FEDERAL DEPARTMENTS AND AGENCIES.

The Secretary and the Administrator may utilize by
agreement, with or without reimbursement, personnel,
facilities, or equipment of other Federal departments and
agencies in administering the Convention, this title, or any
regulations prescribed under this title.

Subtitle B--Implementation of the Convention

SEC. 1021. CERTIFICATES.

(a) Certificate Required.--On entry into force of the
Convention for the United States, any vessel of at least 400
gross tons that engages in one or more international voyages
(except fixed or floating platforms, FSUs, and FPSOs) shall
carry an International Antifouling System Certificate.
(b) Issuance of Certificate.--On entry into force of the
Convention, on a finding that a successful survey required by
the Convention has been completed, a vessel of at least 400
gross tons that engages in at least one international voyage
(except fixed or floating platforms, FSUs, and FPSOs) shall
be issued an International Antifouling System Certificate.
The Secretary may issue the Certificate required by this
section. The Secretary may delegate this authority to an
organization that the Secretary determines is qualified to
undertake that responsibility.
(c) Maintenance of Certificate.--The Certificate required
by this section shall be maintained as required by the
Secretary.
(d) Certificates Issued by Other Party Countries.--A
Certificate issued by any country that is a party to the
Convention has the same validity as a Certificate issued by
the Secretary under this section.
(e) Vessels of Nonparty Countries.--Notwithstanding
subsection (a), a vessel of at least 400 gross tons, having
the nationality of or entitled to fly the flag of a country
that is not a party to the Convention, may demonstrate
compliance with this title through other appropriate
documentation considered acceptable by the Secretary.

SEC. 1022. DECLARATION.

(a) Requirements.--On entry into force of the Convention
for the United States, a vessel of at least 24 meters in
length, but less than 400 gross tons engaged on an
international voyage (except fixed or floating platforms,
FSUs, and FPSOs) must carry a declaration described in
subsection (b) that is signed by the owner or owner's
authorized agent. That declaration shall be accompanied by
appropriate documentation, such as a paint receipt or a
contractor invoice, or contain an appropriate endorsement.
(b) Content of Declaration.--The declaration must contain a
clear statement that the antifouling system on the vessel
complies with the Convention. The Secretary may prescribe the
form and other requirements of the declaration.

SEC. 1023. OTHER COMPLIANCE DOCUMENTATION.

In addition to the requirements under sections 1021 and
1022, the Secretary may require vessels to hold other
documentation considered necessary to verify compliance with
this title.

SEC. 1024. PROCESS FOR CONSIDERING ADDITIONAL CONTROLS.

(a) Actions by Administrator.--The Administrator may--
(1) participate in the technical group described in Article
7 of the Convention, and in any other body convened pursuant
to the Convention for the consideration of new or additional
controls on antifouling systems;
(2) evaluate any risks of adverse effects on nontarget
organisms or human health presented by a given antifouling
system such that the amendment of annex 1 of the Convention
may be warranted;
(3) undertake an assessment of relevant environmental,
technical, and economic considerations necessary to evaluate
any proposals for new or additional controls of antifouling
systems under the Convention, including benefits in the
United States and elsewhere associated with the production
and use in the United States and elsewhere, of the subject
antifouling system; and
(4) develop recommendations based on that assessment.
(b) Referrals to Technical Group.--
(1) Convening of shipping coordinating committee.--On
referral of any antifouling system to the technical group
described in article 7 of the Convention for consideration of
new or additional controls, the Secretary of State shall
convene a public meeting of the Shipping Coordinating
Committee for the purpose of receiving information and
comments regarding controls on such antifouling system. The
Secretary of State shall publish advance notice of such
meeting in the Federal Register and on the State Department's
Web site. The Administrator shall assemble and maintain a
public docket containing notices pertaining to that meeting,
any comments responding to those notices, the minutes of that
meeting, and materials presented at that meeting.
(2) Report by technical group.--The Administrator shall
promptly make any report by the technical group described in
the Convention available to the public through the docket
established pursuant to subsection (b) and announce the
availability of that report in the Federal Register. The
Administrator shall provide an opportunity for public comment
on the report for a period of not less than 30 days from the
time the availability of the report is announced in the
Federal Register.
(3) Consideration of comments.--To the extent practicable,
the Administrator shall take any comments into consideration
in developing recommendations under subsection (a).

SEC. 1025. SCIENTIFIC AND TECHNICAL RESEARCH AND MONITORING;
COMMUNICATION AND INFORMATION.

The Secretary, the Administrator, and the Administrator of
the National Oceanic and Atmospheric Administration may each
undertake scientific and technical research and monitoring
pursuant to article 8 of the Convention and to promote the
availability of relevant information concerning--
(1) scientific and technical activities undertaken in
accordance with the Convention;
(2) marine scientific and technological programs and their
objectives; and
(3) the effects observed from any monitoring and assessment
programs relating to antifouling systems.

SEC. 1026. COMMUNICATION AND EXCHANGE OF INFORMATION.

(a) In General.--Except as provided in subsection (b), with
respect to those antifouling systems regulated by the
Administrator, the Administrator shall provide to any party
to the Convention that requests it, relevant information on
which the decision to regulate was based, including
information provided for in annex 3 to the Convention, or
other information suitable for making an appropriate
evaluation of the antifouling system.

[[Page H7137]]

(b) Limitation.--This section shall not be construed to
authorize the provision of information the disclosure of
which is otherwise prohibited by law.

Subtitle C--Prohibitions and Enforcement Authority

SEC. 1031. PROHIBITIONS.

(a) In General.--Notwithstanding any other provision of
law, it is unlawful for any person--
(1) to act in violation of this title, or any regulation
prescribed under this title;
(2) to sell or distribute in domestic or international
commerce organotin or an antifouling system containing
organotin;
(3) to manufacture, process, or use organotin to formulate
an antifouling system;
(4) to apply an antifouling system containing organotin on
any vessel to which this title applies; or
(5) after the Convention enters into force for the United
States, to apply or otherwise use in a manner inconsistent
with the Convention, an antifouling system on any vessel that
is subject to this title.
(b) Vessel Hulls.--Except as provided in subsection (c), no
vessel shall bear on its hull or outer surface any
antifouling system containing organotin, regardless of when
such system was applied, unless that vessel bears an
overcoating which forms a barrier to organotin leaching from
the underlying antifouling system.
(c) Limitations.--
(1) Excepted vessel.--Subsection (b) does not apply to
fixed or floating platforms, FSUs, or FPSOs that were
constructed prior to January 1, 2003, and that have not been
in dry dock on or after that date.
(2) Sale, manufacture, etc.--This section does not apply
to--
(A) the sale, distribution, or use pursuant to any
agreement between the Administrator and any person that
results in an earlier prohibition or cancellation date than
specified in this title; or
(B) the manufacture, processing, formulation, sale,
distribution, or use of organotin or antifouling systems
containing organotin used or intended for use only for sonar
domes or in conductivity sensors in oceanographic
instruments.

SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SECRETARY.

(a) In General.--The Secretary may conduct investigations
and inspections regarding a vessel's compliance with this
title or the Convention.
(b) Violations; Subpoenas.--In any investigation under this
section, the Secretary may issue subpoenas to require the
attendance of witnesses and the production of documents and
other evidence. In case of refusal to obey a subpoena issued
to any person, the Secretary may request the Attorney General
to invoke the aid of the appropriate district court of the
United States to compel compliance.
(c) Further Action.--On completion of an investigation, the
Secretary may take whatever further action the Secretary
considers appropriate under the Convention or this title.
(d) Cooperation.--The Secretary may cooperate with other
parties to the Convention in the detection of violations and
in enforcement of the Convention. Nothing in this section
affects or alters requirements under any other laws.

SEC. 1033. EPA ENFORCEMENT.

(a) Inspections, Subpoenas.--
(1) In general.--For purposes of enforcing this title or
any regulation prescribed under this title, officers or
employees of the Environmental Protection Agency or of any
State designated by the Administrator may enter at reasonable
times any location where there is being held or may be held
organotin or any other substance or antifouling system
regulated under the Convention, for the purpose of inspecting
and obtaining samples of any containers or labeling for
organotin or other substance or system regulated under the
Convention.
(2) Subpoenas.--In any investigation under this section the
Administrator may issue subpoenas to require the attendance
of any witness and the production of documents and other
evidence. In case of refusal to obey such a subpoena, the
Administrator may request the Attorney General to compel
compliance.
(b) Stop Manufacture, Sale, Use, or Removal Orders.--
Consistent with section 1013, whenever any organotin or other
substance or system regulated under the Convention is found
by the Administrator and there is reason to believe that a
manufacturer, seller, distributor, or user has violated or is
in violation of any provision of this title, or that such
organotin or other substance or system regulated under the
Convention has been or is intended to be manufactured,
distributed, sold, or used in violation of this title, the
Administrator may issue a stop manufacture, sale, use, or
removal order to any person that owns, controls, or has
custody of such organotin or other substance or system
regulated under the Convention. After receipt of that order
the person may not manufacture, sell, distribute, use, or
remove the organotin or other substance or system regulated
under the Convention described in the order except in
accordance with the order.

SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINISTRATOR.

The Administrator, in consultation with the Secretary, may
establish, as necessary, terms and conditions regarding the
removal and disposal of antifouling systems prohibited or
restricted under this title.

Subtitle D--Action on Violation, Penalties, and Referrals

SEC. 1041. CRIMINAL ENFORCEMENT.

Any person who knowingly violates paragraph (2), (3), (4),
or (5) of section 1031(a) or section 1031(b) shall be fined
under title 18, United States Code, or imprisoned not more
than 6 years, or both.

SEC. 1042. CIVIL ENFORCEMENT.

(a) Civil Penalty.--
(1) In general.--Any person who is found by the Secretary
or the Administrator, as appropriate, after notice and an
opportunity for a hearing, to have--
(A) violated the Convention, this title, or any regulation
prescribed under this title, is liable to the United States
Government for a civil penalty of not more than $37,500 for
each violation; or
(B) made a false, fictitious, or fraudulent statement or
representation in any matter in which a statement or
representation is required to be made to the Secretary under
the Convention, this title, or any regulations prescribed
under this title, is liable to the United States for a civil
penalty of not more than $50,000 for each such statement or
representation.
(2) Relationship to other law.--This subsection shall not
limit or affect the authority of the Government under section
1001 of title 18, United States Code.
(b) Assessment of Penalty.--The amount of the civil penalty
shall be assessed by the Secretary or Administrator, as
appropriate, by written notice.
(c) Limitation for Recreational Vessel.--A civil penalty
imposed under subsection (a) against the owner or operator of
a recreational vessel, as that term is defined in section
2101 of title 46, United States Code, for a violation of the
Convention, this title, or any regulation prescribed under
this title involving that recreational vessel, may not exceed
$5,000 for each violation.
(d) Determination of Penalty.--For purposes of penalties
under this section, each day of a continuing violation
constitutes a separate violation. In determining the amount
of the penalty, the Secretary or Administrator shall take
into account the nature, circumstances, extent, and gravity
of the prohibited acts committed and, with respect to the
violator, the degree of culpability, any history of prior
offenses, the economic impact of the penalty on the violator,
the economic benefit to the violator and other matters as
justice may require.
(e) Reward.--An amount equal to not more than one-half of
any civil penalty assessed by the Secretary or Administrator
under this section may, subject to the availability of
appropriations, be paid by the Secretary or Administrator,
respectively, to any person who provided information that led
to the assessment or imposition of the penalty.
(f) Referral to Attorney General.--If any person fails to
pay a civil penalty assessed under this section after it has
become final, or comply with an order issued under this
title, the Secretary or Administrator, as appropriate, may
refer the matter to the Attorney General of the United States
for collection in any appropriate district court of the
United States.
(g) Compromise, Modification, or Remission.--Before
referring any civil penalty that is subject to assessment or
has been assessed under this section to the Attorney General,
the Secretary, or Administrator, as appropriate, may
compromise, modify, or remit, with or without conditions, the
civil penalty.
(h) Nonpayment Penalty.--Any person who fails to pay on a
timely basis a civil penalty assessed under this section
shall also be liable to the United States for interest on the
penalty at an annual rate equal to 11 percent compounded
quarterly, attorney fees and costs for collection
proceedings, and a quarterly nonpayment penalty for each
quarter during which such failure to pay persists. That
nonpayment penalty shall be in an amount equal to 20 percent
of the aggregate amount of that person's penalties and
nonpayment penalties that are unpaid as of the beginning of
that quarter.

SEC. 1043. LIABILITY IN REM.

A vessel operated in violation of the Convention, this
title, or any regulation prescribed under this title, is
liable in rem for any fine imposed under section 18, United
States Code, or civil penalty assessed pursuant to section
1042, and may be proceeded against in the United States
district court of any district in which the vessel may be
found.

SEC. 1044. VESSEL CLEARANCE OR PERMITS; REFUSAL OR
REVOCATION; BOND OR OTHER SURETY.

If any vessel that is subject to the Convention or this
title, or its owner, operator, or person in charge, is liable
for a fine or civil penalty under section 1042 or 1043, or if
reasonable cause exists to believe that the vessel, its
owner, operator, or person in charge may be subject to a fine
or civil penalty under section 1042 or 1043, the Secretary
may refuse or revoke the clearance required by section 60105
of title 46, United States Code. Clearance may be granted
upon the filing of a bond or other surety satisfaction to the
Secretary.

SEC. 1045. WARNINGS, DETENTIONS, DISMISSALS, EXCLUSION.

(a) In General.--If a vessel is detected to be in violation
of the Convention, this title, or any regulation prescribed
under this title, the Secretary may warn, detain, dismiss, or

[[Page H7138]]

exclude the vessel from any port or offshore terminal under
the jurisdiction of the United States.
(b) Notifications.--If action is taken under subsection
(a), the Secretary, in consultation with the Secretary of
State, shall make the notifications required by the
Convention.

SEC. 1046. REFERRALS FOR APPROPRIATE ACTION BY FOREIGN
COUNTRY.

Notwithstanding sections 1041, 1042, 1043, and 1045, if a
violation of the Convention is committed by a vessel
registered in or of the nationality of a country that is a
party to the Convention, or by a vessel operated under the
authority of a country that is a party to the Convention, the
Secretary, acting in coordination with the Secretary of
State, may refer the matter to the government of the country
of the vessel's registry or nationality, or under whose
authority the vessel is operating, for appropriate action,
rather than taking the actions otherwise required or
authorized by this subtitle.

SEC. 1047. REMEDIES NOT AFFECTED.

(a) In General.--Nothing in this title limits, denies,
amends, modifies, or repeals any other remedy available to
the United States.
(b) Relationship to State and Local Law.--Nothing in this
title limits, denies, amends, modifies, or repeals any rights
under existing law, of any State, territory, or possession of
the United States, or any political subdivision thereof, to
regulate any antifouling system. Compliance with the
requirements of a State, territory, or possession of the
United States, or political subdivision thereof related to
antifouling paint or any other antifouling system does not
relieve any person of the obligation to comply with this
title.

SEC. 1048. REPEAL.

The Organotin Antifouling Paint Control Act of 1988 (33
U.S.C. 2401 et seq.) is repealed.
Amend the title so as to read: ``An Act to authorize
appropriations for the Coast Guard for fiscal year 2011, and
for other purposes.''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Minnesota (Mr. Oberstar) and the gentleman from New Jersey (Mr.
LoBiondo) each will control 20 minutes.
The Chair recognizes the gentleman from Minnesota.

General Leave

Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and to include extraneous material on House Resolution 1665.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
The Coast Guard Authorization Act of 2010 is a bill this committee
has worked on for the past 4 years, actually 6 years, starting in the
time of the Republican majority, when our committee was united, our
committee was unified behind this bill but we couldn't get the other
body to act upon it. We have now happily been able to do so.
The bill will enable the Coast Guard to continue to perform and meet
its daily demands, allowing it to continue to be defined as the world's
premier maritime service.
Over the past several years, the Coast Guard has fought international
terrorism, defended Iraqi pipelines, patrolled for pirates in the
Arabian Sea, saved thousands of lives during Hurricane Katrina, and is
leading the response effort to the largest oil spill in U.S. history.
We must provide the Coast Guard with the support it needs to take care
of its staff and carry out its everyday missions. We also need to make
long overdue reforms that will enhance the Coast Guard's ability to
carry out its important responsibilities for maritime safety, for
security, and protection of the environment. The bill we consider today
carries out those objectives.
Mr. Speaker, I reserve the balance of my time.
Mr. LoBIONDO. Mr. Speaker, I yield such time as he may consume to the
gentleman from Florida (Mr. Mica).
Mr. MICA. Mr. Speaker, I thank the gentleman, the ranking member, Mr.
LoBiondo, for his yielding, and also for the excellent job. There is no
one more dedicated to the United States Coast Guard than the gentleman
from New Jersey (Mr. LoBiondo). He loves, works, breathes, just exists
to assist the United States Coast Guard. I am very proud of that
dedication he exhibits.
And also I have to compliment Mr. Oberstar, my partner. We have
probably one of the greatest challenges of any of the teams that serve
in Congress. We have the largest committee in Congress, great deal of
jurisdictional areas and none that we enjoy working on more than the
United States Coast Guard. These are some fantastic Americans, one of
the major service organizations of the United States, and sometimes I
think the least recognized.
And we have been blessed with great leaders, Thad Allen. He came just
at the right time, inherited so many problems, I can't even begin to
spend tonight enumerating the problems. I think he came on duty about
the same time I became the ranking Republican, and I would get his
calls. And he always handles every situation so professionally. We have
been blessed as a Nation to have leadership in the Coast Guard like
that, Thad Allen, now Admiral Papp. And poor Thad Allen, just when he
thought he was about to retire, just at the end of his watch and
service, we, of course, had the incredible disaster in the gulf. And
folks have to remember, the first responder to our shores is the United
States Coast Guard, the protectors of our, not just maritime safety,
but national security. And they have done that through their long,
rich, and productive history.
So tonight, this is long overdue too, this authorization. I believe
that is some 4 years in coming. I have been the ranking member for 3.
And I am pleased that tonight, as the Congress probably will go into
recess, that we are able to set with this bill the major policy
decisions to operate the United States Coast Guard. This is the whole
framework of Federal policy. You have to authorize these projects by
the Constitution. Under the Constitution and laws, we must pass a law
that gives them the authority to operate. So it is the framework, the
policy. It really sets the funding parameters.
And I think also I am pleased to rise on behalf of my side of the
aisle. Right now, people--I just got back from my district and traveled
in August across the United States--they are tired of huge
expenditures, 200 percent increases in programs and a skyrocketing
deficit that this Congress has brought on. This is a moderate increase.
It represents a 3 percent increase, and I think it deserves and is
worthy of our support.
The other thing about the Coast Guard is, they aren't like some
agencies, lobbying for huge amounts of money, or this team of lobbyists
or special interests or whoever coming here, whining, complaining,
trying to get more of the taxpayer money, expanding the range and
control of their programs. They just get their job done. And, again, I
am pleased that we are finally getting our job done and authorizing
this Coast Guard legislation.
Let me also say that this is a much better bill than was introduced
several years ago. And it may have taken more time, but I want to say,
from my side of the aisle, I am pleased with what we have accomplished.
Again, leadership by Mr. LoBiondo and others who have worked on this,
we blocked, I think, some--first of all, we blocked some devastating
operational and structural policy changes that the Coast Guard did not
want. The Coast Guard is, again, one of our service organizations, and
it doesn't need to be hamstrung by Congress.
Safety is important, and we need the component of safety as one of
their priorities. And I think we have properly placed that, fixed some
of the original provisions that I don't think that they felt they could
properly operate or live with. So I think, first of all, we have got
that provision which is much better and will operate on a sounder
basis.

The second thing is, there were provisions in here, and there are
folks that had their own little interests, and some of those interests
would have blocked our energy supplies. And as far as liquefied natural
gas and bringing gas into some of our ports, I think we would have
created higher costs for the consumers. I think the Northeast region in
particular would have been hard hit by some of the original constraints
and provisions that were in here. Yes, we want safety for the delivery
of those kinds of fuels, but we also want reasonableness in the
process. So we don't want to make, again, a problem where there isn't a
problem. And we do need to have clean energy available at affordable
price for the consumer. I think we have been able to do that.
We have also, I think, put provisions in here that protect America's
ports.

[[Page H7139]]

There was a provision originally introduced that would have prohibited
States from conducting additional background checks on port workers to
ensure that drug smugglers and other convicted felons' access to secure
areas of our ports was actually allowed under this bill, and States
were prohibited from, again, putting these provisions forward for
safety and security.
We have seen what happened with the Federal Government in Arizona,
and Arizona wants to enforce Federal immigration laws. Well, States
should be able to ensure that their ports too are safe; and if they
have the need of a background check, it should be done. And we
shouldn't have felons and others with bad records in some of the secure
areas of our ports. So I think we have also improved the quality of
that particular provision.
Then I think we have put some commonsense acquisition reform. When
originally introduced, this bill would have, I think, created a
disastrous recipe for failure for the United States Coast Guard to
become a systems integrator. Now, I know we have had problems. We had
problems with the national security class Coast Guard cutter that we
tried to produce for the first time. We had problems with changing out
110-foot Coast Guard cutters to a longer model--I believe it was a 123-
foot version. Yes, we had problems with some of these projects. But the
answer isn't for government to step in and create a huge operation.

{time} 1940

When you get into some of the acquisition questions and systems
design and systems integration, even the United States Navy, which has
one of the largest maritime fleets in the world, has trouble doing some
of this by itself. The Navy is a much larger entity than the United
States Coast Guard, which is the smaller entity, and casting
legislation that would require them to do things that really they don't
have the capability of doing was, I think, not a good proposal, and I
think we have made it a better proposal.
The other thing we have to remember too, the Coast Guard pays a lot
less than the private sector. And God bless those men and women who
serve. Many of those professionals end up going into the private
sector, or the private sector attracts folks to do these highly
technical systems integration programs, and they have the resources to
do this. Also, the other thing, too, we found with the Coast Guard is
we do have a turnover in Coast Guard personnel. Many people serve their
whole career there, but there is also a turnover in some of these
highly professional, highly technical positions.
So given all of that, I think the provisions that were put in this
legislation will allow us to not repeat some of the mistakes of past
acquisitions and not get the government into creating a huge
bureaucracy of acquisition or to take on something that the Federal
Government should not do and cannot do, and we can do it much more cost
effectively, I think, in the manner that we prescribed in this
legislation.
So I am pleased with the bill. It took some tough negotiations. It
took some time. I am honored to join my colleagues--Mr. Oberstar, Mr.
LoBiondo, Mr. Cummings, some of the other members here tonight, anyone
who was involved in this on both sides of the aisle--and particularly
the staff who worked so hard to secure what I think is not only a sound
piece of legislation but an excellent bipartisan product that the
American people can be proud of.
Mr. OBERSTAR. I yield myself such time as I may consume.
Mr. Speaker, I will conclude on our side recognizing and
acknowledging the splendid work and the diligent effort of the
gentleman from Maryland (Mr. Cummings) who is the chair of the Coast
Guard Subcommittee. He devoted an enormous amount of time, hours of
effort in hearings, one of which went for 10 hours on the Coast Guard
procurement program where we had to hear in great detail the failure of
allowing the private sector to self-certify, in effect. That was a
massive failure of the procurement system. We went into great detail.
Mr. Cummings spent an enormous amount of time and effort.
Mr. LoBiondo as well gave his expertise, his years of seasoning and
understanding of the Coast Guard's work.
We passed major procurement reform. The Senate passed it, and we do
not have to include that language in this legislation. Those reforms
are moving into place. We are not going to repeat those mistakes of the
past. It was necessary to make those changes. It was urgent for the
integrity of the Coast Guard and for its successful operation. And all
through this, the gentleman from New Jersey (Mr. LoBiondo) who was a
partner, he regularly participated in all of the subcommittee hearings
and our markup and lent great expertise to the final product of the
committee. For that, I am enormously grateful and recognize and
acknowledge his splendid contribution.
Mr. Speaker, I yield to the gentleman from Michigan (Mr. Stupak) such
time as he may consume.
Mr. STUPAK. Mr. Speaker, I thank the chairman for yielding me the
time, and would like to engage the chairman, if I may, in a colloquy.
Mr. Chairman, as you know, the Coast Guard Station in Marquette,
Michigan, relocated to a new location within the city of Marquette. The
new location allows the Coast Guard to streamline their operations, be
closer to the dock, and therefore respond to emergencies more quickly.
The city sold the city property for the new facility to the Coast
Guard for $1 in 2008. Since then, the city has funded the necessary
infrastructure improvements, such as water mains, water lateral
construction, rerouting of bike routes, and other improvements for the
new Coast Guard facility, at a total cost of $170,000. On April 7,
2008, the City of Marquette turned over the property, with
infrastructure improvements, to the Coast Guard.
The bill before us, the Coast Guard Authorization Act for Fiscal Year
2010 and 2011, conveys the old Coast Guard land back to the City of
Marquette. However, it may result in the city paying for the conveyance
of the property, despite the city's generous contribution of land and
infrastructure improvements for the Coast Guard in 2008.
Mr. OBERSTAR. The gentleman has stated the case very well.
Summarizing it very simply, the City of Marquette and the Coast Guard
entered into an agreement. The City of Marquette kept its part of the
agreement, conveyed property to the Coast Guard for $1, and now is
going to be stuck with the bill.
The problem is that the way the transfer worked out, the statutory
PAYGO rules preclude inclusion of past conveyance in calculating the
cost of the bill. We simply got hung up with our own legislation, our
own PAYGO rules to reduce the cost of government, but now we are in the
position of possibly increasing the cost of government to a local unit
of government, the City of Marquette. The city's contribution to the
Coast Guard cannot therefore be calculated into the cost of this bill.
I look forward to the day when we will be able to work this out in a
different setting.
Mr. STUPAK. I thank the chairman. I ask the Congress to recognize the
generous contribution of the City of Marquette and urge the Coast Guard
to perform this land transfer at no cost to the city. The city has
already borne significant cost by transferring a new parcel of land to
the agency and spent $170,000 for reasonable and necessary
infrastructure costs.
My fellow colleague in the Michigan delegation, Senator Stabenow, and
I have constantly advocated that the City of Marquette has contributed
greatly to the Coast Guard, and the city should not incur additional
costs.
I yield to the gentleman.
Mr. OBERSTAR. I agree that the Coast Guard should not conduct its
business in this manner. It should recognize the contributions of the
City of Marquette in exercising this conveyance, and we will continue
to work with the gentleman throughout the balance of this Congress and,
if necessary, into the next Congress. Even though the gentleman is
retiring, this issue will not be forgotten. We will find a way to work
it out equitably and recognize the good-faith contribution of the City
of Marquette that held its part of the bargain but is not being fairly
treated.
Mr. STUPAK. I thank the chairman, and I thank the minority side for
their help and assistance in this matter.

[[Page H7140]]

Mr. OBERSTAR. How much time remains on our side, Mr. Speaker?
The SPEAKER pro tempore. The gentleman from Minnesota has 13 minutes,
and the gentleman from New Jersey has 9\1/2\ minutes.
Mr. OBERSTAR. I yield myself such time as I may consume.
I wish to express my appreciation to the ranking member of the full
committee, Mr. Mica, who made a very elaborate statement about the
provisions of the bill. I will not elaborate on it, except to concur
with him that we are getting the best bargain perhaps in all of
government--although he didn't put it this way, I do--in supporting the
missions of the Coast Guard. They are extraordinarily frugal and
economical in carrying out their missions.
When I was elected to Congress in 1974 and started my service on the
Merchant Marine and Fisheries Committee as well as the Public Works
Committee, the Coast Guard's authorized personnel limit was 39,000.
Today, we increase it to 47,000. But in that almost 36 years, we have
added 27 new missions to the Coast Guard without commensurately
increasing their personnel.

{time} 1950

The Coast Guard has proudly held itself up as a multimission agency,
able to carry out numerous overlapping missions without adding
personnel. We recognize, however, that there is a limit to how much you
can stretch your existing personnel. By a modest increase in the Coast
Guard's personnel limit, we give them the personnel resources they will
need to carry out the mission of the future for safety and for
security.
Mr. Speaker, this also is a very nostalgic moment for me. This year
represents 34 years that John Cullather, the chief counsel of the
Subcommittee on Coast Guard, has served the House of Representatives.
He started with our former colleague Don Pease as a legislative
assistant, and then as counsel on the Committee on Merchant Marine and
Fisheries. This will be the last bill that John Cullather will bring to
the House floor as counsel of the Coast Guard Subcommittee.
He has served enormously well, with a profound grasp of the
legislative history of the Coast Guard, of our Merchant Marine forces,
of maritime law. He is recognized widely across Washington as the font
of knowledge on maritime law of the United States and, of course,
specifically the Coast Guard.
John has told me just today of his intention to retire at the end of
this session. I am personally grateful for the friendship that we have
had over these 30-plus years, and more specifically during the years he
served on the Committee on Transportation and Infrastructure in the
role of counsel.
When I think back over the long history of this country, in the First
Congress, the third act of the first Congress was to establish the
Revenue Cutter Service to collect duties from inbound cargos and pay
the debts of the Revolutionary War. That Revenue Cutter Service became
what we know as the Coast Guard today.
John Cullather has served our maritime history, served the Coast
Guard, enormously well with his rich knowledge of the practices and the
strengths, as well as the weaknesses, the shortcomings of this service,
and has constantly worked to improve the quality of service with the
resources that the Coast Guard has at its disposal, the training of its
personnel, to make it the very best uniformed service of this country
and the best of its kind in the world.
To John Cullather, I offer my enormous personal gratitude and the
gratitude of all of the members of the committee for his superb,
stellar service on our committee for three-and-a-half decades.
I reserve the balance of my time.
Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
I want to again thank Mr. Oberstar for his diligent work on this, and
Mr. Mica. A lot has been said by both Mr. Oberstar and Mr. Mica, but a
couple of points need to be reiterated, I believe.
I think the men and women of the Coast Guard are some of the most
under-recognized and under-appreciated patriots that we have in our
country. For far too many years a message was sent to them as we
increased their mission that it was acceptable for them to be expected
to do more with less. We send a very clear signal with this legislation
that that is not the case.
I am very appreciative of the majority's position in rejecting the
President's very misguided direction to cut the Coast Guard with
personnel and funding, exactly the wrong message at the wrong time.
We can look to some other things that are in this bill that maybe
aren't quite as high profile, but there is a housing provision in this
bill that the Master Chief of the Coast Guard, Mr. Bowen, Master Chief
Bowen, came and talked about, the horrendous conditions that we are
expecting men and women of the Coast Guard to live in, and this helps
to correct that.
Another issue that is not at the forefront right now but certainly
was a very short time ago, and that was the piracy issue. We are taking
steps to allow the captain and crew of U.S. vessels to be able to
defend themselves and their cargo. This is a good step in the right
direction.
Overall, this bill is very, very much past due, and I am very pleased
that we are going to be able to move forward with that. I want to thank
Mr. Oberstar, Mr. Cummings, Mr. Mica and all staff on both sides for so
much in their doing.
I yield back the balance of my time.
Mr. OBERSTAR. I yield myself the balance of my time.
Again, in addition to Mr. Cullather, there are staff on the
Republican side of the committee and other members on the majority side
who have all worked together diligently. These have been stressful
times these last several weeks as we worked to craft a bill that could
pass the other body and overcome several reservations and objections
raised.
We have accomplished that. We have done that in a bipartisan fashion
and have brought to the House, and I think directly through the Senate
to the President--it should go to the President this week and be
signed, this authorization for the U.S. Coast Guard.
Again, it will be the culminating work of John Cullather in his
service to the committee and to the Congress. I know, having served on
the staff, without our dedicated, seasoned, career professional staff,
we members of Congress would have a very difficult time accomplishing
our work.
I thank you on both sides for your splendid contributions, and to
John Cullather, Semper Paratus.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in strong support of
H.R. 3619, a bill to authorize the activities of the United States
Coast Guard.
A version of this legislation passed the House in October of last
year and was subsequently amended by the Senate in May.
Action on the resolution before us today would send the bill back to
the Senate for passage, clearing it for signature by the President.
H.R. 3619 provides long-overdue resources to the Coast Guard--a
multi-mission agency that has been without an authorization for many
years.
As Chairman of the Committee on Homeland Security, I am especially
pleased that the bill strengthens Coast Guard's maritime security
operations to meet the challenges of our post-9/11 world.
Specifically, the bill: authorizes an end-of-year strength of 47,000
Service Members for FY 2011; enhances acquisition reform for essential
Coast Guard assets, such as the National Security Cutter; strengthens
the Coast Guard's Maritime Security Response Team-related activities;
increases the number of Canine Detection Teams; expands a maritime
biometrics verification system for individuals interdicted at sea;
authorizes interagency operational centers for port security; improves
port security training for facility security officers; enhances
security measures for liquefied natural gas (LNG) and other especially
hazardous cargos; and authorizes a ``see it, say it'' type public
awareness program for recreational boaters to report suspicious
activities on the waters.
The bill also includes provisions that I fought hard for to improve
the Transportation Worker Identification Credential (TWIC) program.
My Committee has done extensive oversight over the implementation of
the TWIC program and, through that work, we have identified a number of
areas where the program should be improved to take into account the
interests of affected workers.
Specifically, H.R. 3619 includes provisions to: help workers who have
applied for but are still waiting to receive their TWIC cards continue
to work; improve TWIC application processing times; facilitate more
convenient methods of applying for the credential; and require

[[Page H7141]]

GAO to look at whether DHS could mail credentials to applicants' homes
like the State Department does with passports.
We received testimony on September 17, 2008, from a trucker who
needlessly spent hours making multiple visits to an enrollment center
to complete the TWIC process.
Streamlining that process will save workers and their employers a
significant amount of time that would otherwise be wasted.
Though this bill does a great deal to take into account the
challenges that workers have experienced with the implementation of the
TWIC program, I am disappointed that language from the House-passed
version--dealing with prohibiting redundant federal and state
background checks--is not included in this version of the legislation.
I was also dismayed that certain House provisions dealing with the
Coast Guard Academy are not included in this version of the bill.
When the bill was passed by the House last year, I worked with the
Coast Guard Subcommittee Chairman, Mr. Cummings, to include a new
process for Members of Congress to nominate candidates for the Coast
Guard Academy--as we are able to do for other Military Service
academies.
It also included language specifically authorizing a Minority Service
Institution Management Internship Program.
Coast Guard lags behind the other Services in diversity and these
measures were intended to help make the Coast Guard better reflect the
American people.
Unfortunately, the provisions were removed from the bill due to
objections by certain Members of the other body.
Nevertheless, what you have before you is a good and necessary bill.
It authorizes the resources and programs necessary to ensure that the
Coast Guard is able to live up to its motto--``Always Ready.''
This bill and the United States Coast Guard deserve our support.
In closing, I would like to thank Chairman Oberstar and Chairman
Cummings for working to bring this bill to the floor.
I would also like to express my appreciation to Ranking Member King
and his staff for working so cooperatively, particularly to ensure that
the maritime security needs of the Coast Guard are met.
It is my hope that our Senate colleagues will act expeditiously to
clear the bill for the President.
Mr. OBERSTAR. Mr. Speaker, I rise today in strong support of H.R.
3619, as amended, the ``Coast Guard Authorization Act of 2010''. This
bill is a comprehensive bill that will enable the Coast Guard to
continue to perform and meet its daily demands, allowing it to continue
to be defined as the world's premier maritime service.
H.R. 3619 passed the House on October 23, 2009, and the Senate passed
its version of the bill by unanimous consent on May 7, 2010.
Over the past several years, the Coast Guard has fought international
terrorism, defended Iraqi pipelines, patrolled for pirates in the
Arabian Sea, saved thousands of lives during Hurricane Katrina, and is
now leading the response effort to the largest oil spill in U.S.
history. It is now time to provide the Coast Guard with the support
that it needs to take care of its employees and carry out its everyday
missions. At the same time, we need to make long overdue reforms, which
will enhance the Coast Guard's ability to carry out its important
responsibilities for maritime safety and security, and protection of
the environment.
The bill that we consider today will carry out these objectives.
After a long period of negotiation, we are in agreement with the Senate
on a bipartisan basis. I am hopeful that following our passage, the
Senate will pass the bill before the recess. It will be one of the
major accomplishments of the 111th Congress.
H.R. 3619 authorizes $10.2 billion for the Coast Guard, of which $6.9
billion is for operations and maintenance and $1.6 billion is for
Acquisition, Construction, and Improvements (including $1.2 billion for
the Deepwater program). The Coast Guard is also authorized to increase
its end strength by 1,500 personnel to a total of 47,000. In addition,
H.R. 3619 incorporates other provisions addressing marine safety, port
security, the Coast Guard's management structure, and acquisition
reform.
H.R. 3619 makes administrative changes to the Coast Guard, including
creating the position of District Ombudsman in each Coast Guard
district to serve as a liaison between the Coast Guard and the maritime
community. It also authorizes the reimbursement of medical-related
travel for Coast Guard personnel who live in remote locations and
grants access to the Armed Forces Retirement Home system to Coast Guard
veterans. In addition, this administrative title authorizes active duty
Coast Guard personnel who are assigned in support of a major disaster
or spill of national significance to retain leave and authorizes the
Coast Guard to retain and promote officers that have specialized skills
to meet the needs of the Coast Guard.
H.R. 3619 also makes changes to laws applying to shipping and
navigation. It contains provisions that establish a civil penalty for
the possession of controlled substances on vessels. Further, H.R. 3619
requires the Commandant of the Coast Guard and the Administrator of the
Environmental Protection Agency to study new technologies for reducing
emissions from cruise and cargo vessels, including measures to help
ensure safe and secure shipping in the Arctic.
While the Coast Guard has made significant improvements in
strengthening its acquisition workforce, H.R. 3619 requires the
implementation of acquisition-related policies and procedures and
personnel standards that will build on the acquisition reform efforts
that the service has already undertaken. H.R. 3619 establishes training
and experience standards for acquisition personnel and requires the
Commandant of the Coast Guard to select a Chief Acquisition Officer who
meets prescribed training and experience standards. In addition, title
IV of H.R. 3619 establishes an Acquisition Directorate within the Coast
Guard with a defined mission and a workforce dedicated to performing
acquisition functions.
H.R. 3619 modernizes the Coast Guard by reorganizing its senior
leadership and establishing career tracks for its members to develop
expertise in a specific Coast Guard mission. It is imperative for the
Coast Guard to sustain a marine safety program that is capable of
preventing maritime casualties, mitigating circumstances of casualties,
and maximizing the lives of a crew in the event of a casualty.
Therefore, H.R. 3619 modernizes the management of the service's marine
safety program and requires minimum qualifications for marine safety
personnel. It also requires the Coast Guard to develop a long-term
strategy for improving vessel safety, and authorizes creation of
centers of expertise for marine safety.

In addition, H.R. 3619 enhances marine safety by establishing safety
equipment and construction standards for uninspected commercial fishing
vessels operating beyond three nautical miles of the coast of the
United States. It requires fishing vessels of certain sizes and those
that undergo substantial changes to comply with loadline regulations.
H.R. 3619 also requires ``safety management systems'' on certain
passenger vessels that establish safety and environmental protection
policies and procedures for reporting accidents and responding to
emergency situations. Further, it permits seamen who suffer
discrimination because they report safety violations to use the same
Department of Labor complaint process that is currently available to
workers in the other transportation modes.
Focusing on improving oil pollution prevention, H.R. 3619 requires
the Coast Guard to conduct a study and issue regulations to reduce the
risk of oil spills during transfers of oil between vessels. In
addition, H.R. 3619 extends liability for oil spills to the owners of
cargo shipped on single-hulled vessels and amends the Oil Pollution Act
of 1990 to extend to tank vessels of 100 gross tons or more the
requirement to show financial responsibility for oil spills.
In addition, H.R. 3619 enhances port and cargo security through the
establishment of the America's Waterway Watch Program to promote
voluntary reporting of activities that may indicate a threat or an act
of terrorism. It also requires the Secretary of Homeland Security to
establish, as needed, specialized deployable response teams to protect
vessels, port facilities, and cargo. Furthermore, H.R. 3619 increases
the Coast Guard's capacity with respect to canine teams and authorizes
the Coast Guard to assist foreign port facility operators to meet
international port security standards.
This port security provision also prohibits approval of port facility
security plans for new facilities unless the Secretary determines that
sufficient security resources are available, and requires the Secretary
to coordinate with owners and operators of port facilities to allow
workers who have applied for a transportation workers' security card
and are awaiting issuance to be escorted into secure or restricted
areas of a port facility.
H.R. 3619 also includes several miscellaneous provisions as follows:
Changes the penalties payable by operators of certain cruise ships
for nonpayment of wages in class action suits;
Limits the liability for monetary damages of individuals who use or
authorize the use of force to defend a vessel against piracy; and
Strengthens, under certain conditions, criminal penalties for failing
to heave to, obstructing Coast Guard boardings, and providing false
information to the Coast Guard particularly for those vessels that are
driven at an excessively high rate of speed to avoid enforcement of our
immigration laws.
H.R. 3619 also aligns U.S. law with the International Convention on
the Control of Harmful Anti-Fouling Systems on Ships, 2001,

[[Page H7142]]

and prohibits the sale, distribution, or manufacture of organotin or
antifouling systems containing organotin.
Mr. Speaker, H.R. 3619 gives the hard-working men and women of the
Coast Guard the tools and the direction that they need to continue as
the world's leading maritime agency.
I urge my colleagues to join me in supporting H.R. 3619.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Minnesota (Mr. Oberstar) that the House suspend the
rules and agree to the resolution, H. Res. 1665.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.

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