[Congressional Record (Bound Edition), Volume 155 (2009), Part 19]
[House]
[Pages 25492-25549]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 COAST GUARD AUTHORIZATION ACT OF 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 853 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 3619.

                              {time}  1817


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 3619) to authorize appropriations for the Coast Guard for fiscal 
year 2010, and for other purposes, with Mrs. Dahlkemper in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  General debate shall not exceed 1 hour, with 40 minutes equally 
divided and controlled by the Chair and ranking minority member of the 
Committee on Transportation and Infrastructure and 20 minutes equally 
divided and controlled by the Chair and ranking minority member of the 
Committee on Homeland Security.
  The gentleman from Minnesota (Mr. Oberstar) and the gentleman from 
Florida (Mr. Mica) each will control 20 minutes; the gentleman from 
Mississippi (Mr. Thompson) and the gentleman from New York (Mr. King) 
each will control 10 minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. OBERSTAR. Madam Chair, I yield myself 4 minutes in strong support 
of H.R. 3619, the Coast Guard Authorization Act of 2010, the annual 
authorization for the Coast Guard, which we have several times passed 
in the House, but which the other body has not acted upon.
  It's unfortunate that the Coast Guard has gone so many years without 
a formal authorization bill. The appropriation committees, which I 
applaud, in both previous Republican management and the past 2 years 
under Democratic leadership, the appropriation committees have 
continued authority for Coast Guard programs and provided funding to 
previously established levels. But the Coast Guard needs the 
legislative framework. It needs the policy framework that we provide in 
the authorizing legislation.
  We have passed essentially this bill in the 110th Congress. We are 
now going to do it again, I am quite confident. We have wonderful 
bipartisan support, and I am very earnestly hoping and working, talking 
to our colleagues in the other body, to get their action so we can send 
this bill to the President for his signature.
  And to that end, I express my very great appreciation to the 
gentleman from Florida (Mr. Mica) who is the senior Republican on the 
committee and who has been a partner in working, not only this 
legislation, but many, many other bills that we have brought through 
committee to the House floor and through to signature by the President, 
including even an occasion where we had to override a Presidential 
veto.
  I express great appreciation to the gentleman from Maryland (Mr. 
Cummings) who has taken on the responsibility of chairing the Coast 
Guard Subcommittee. The gentleman has applied himself diligently and 
vigorously to understand the workings of the Coast Guard, the issues of 
their mission, the needs of the various Coast Guard districts and of 
headquarters and has spent enormous amounts of time in chairing 
subcommittee hearings on the needs and issues of the Coast Guard and 
those maritime activities that depend upon or are regulated by the 
Coast Guard.
  And I express appreciation to the gentleman from New Jersey (Mr. 
LoBiondo), who in a previous Congress has chaired this subcommittee and 
was fair-minded, evenhanded and very diligent and has been a splendid 
partner in shaping the bill that we bring to the House, to the 
Committee of the Whole, today.
  Our bill authorizes $10 billion for the Coast Guard for fiscal 2010. 
It will increase the total end strength of the Coast Guard by 1,500 
service personnel to a level of 47,000. Now that, I just have to point 
out, that compares to 39,000 authorized personnel in 1975, my first 
year in Congress, my first year in which I also served on the then-
Merchant Marine and Fisheries Committee and on the Coast Guard 
Subcommittee. But since that time, Congress has added 27 new missions 
and responsibilities for the Coast Guard without substantially 
increasing the personnel or the funding for the Coast Guard to carry 
out those missions.
  Now, the men and women who wear that unique color of blue uniform 
have prided themselves on being a multi-mission agency, and they have 
prided themselves on being able to carry out all these many 
responsibilities. But they are working shorthanded, they are working 
underfunded and they need this authorization bill, and they need this 
increased service personnel strength that we provide in the bill before 
us.
  We authorized $153 million for the design and construction of a new 
replacement icebreaker for the Great Lakes.
  The CHAIR. The time of the gentleman has expired.
  Mr. OBERSTAR. I yield myself an additional 2 minutes.
  Last year, we had the situation where ships were moving in the upper 
lake, Lake Superior, and through the Sioux Locks beset with heavy ice 
cover, while the icebreaker Mackinaw was in the lower lakes on 
icebreaking mission. The Coast Guard has been provided funding for and 
have operated

[[Page 25493]]

harbor icebreakers. Well, fine, they can operate in the harbor, they 
can move slush ice around, but they can't break the big ice. And when 
our iron ore needs to move from the upper lake to the lower lakes steel 
mills, it's got to get through that heavy ice. And we need an 
icebreaker on duty in both the upper lake and the lower lakes. And this 
legislation will provide funding for a second major Mackinaw-class 
icebreaker.
  Last year, U.S.-flag vessels that were moving coal, critical for 
lower lakes power plants, coal that comes all the way by train from the 
Powder River Basin to the lake head of Duluth-Superior, those ships and 
our iron ore vessels sustained one plus--1\1/2\ to a larger million 
dollars in damages to hulls because of a decreased icebreaking 
capability of the Coast Guard. Five of the Coast Guard's smaller size, 
1,200-horsepower capability vessels are at the end of their service 
life. We need a Mackinaw-class vessel on the Great Lakes in addition to 
the one that is now operating.
  We, in this bill, respond to the many shortcomings in Coast Guard 
acquisition efforts over the past several years and require the Coast 
Guard to develop lifecycle cost estimates for assets that will cost 
more than $10 million, have a service life of at least 10 years, will 
prohibit contractors self-certification, an issue that arose in a 10-
hour hearing Chairman Cummings conducted, Mr. LoBiondo was a part of 
this hearing.
  The CHAIR. The time of the gentleman has again expired.
  Mr. OBERSTAR. I yield myself 1 additional minute.
  We went until late in the night to address this extraordinary failure 
of arm's length contractual relationship between the Coast Guard and 
its contractors. So the legislation takes the lessons learned in that 
intensive hearing and months-long investigation to establish the 
appointment of a chief acquisition officer as a qualified acquisition 
professional.
  We held a hearing on mariner education and workforce in the Coast 
Guard Subcommittee, and we heard concerns that there will be a shortage 
of qualified and experienced personnel as the Coast Guard oversees 
expansion of industry import and export activities over the next 
decade. We will establish a recruitment and training and loan program 
so that we'll be able to establish a robust labor pool in the maritime 
industry.
  The CHAIR. The time of the gentleman has again expired.
  Mr. OBERSTAR. I yield myself an additional 15 seconds.
  There are a number of other items in this bill that Mr. Cummings will 
further detail in his remarks.
  I reserve the balance of my time.
  Mr. MICA. The gentleman from New Jersey (Mr. LoBiondo) is going to 
control the time if he may.
  The CHAIR. The Chair recognizes the gentleman from New Jersey.
  Mr. LoBIONDO. Thank you, Madam Chair.
  Before my remarks, I would like to yield to the ranking member of the 
full committee, the gentleman from Florida (Mr. Mica), such time as he 
may consume.
  Mr. MICA. Thank you so much for recognizing me. My remarks tonight 
will be somewhat abbreviated since I'm a bit hoarse, much to the 
pleasure of those that don't like to hear me; but I will, with some 
dismay to others, proceed.
  First of all, I would urge my colleagues to support this legislation. 
We are going to have a manager's amendment in a few minutes that has 
some provisions that I have questions about. This bill to authorize the 
Coast Guard for 1 year is basically a good bill. I do have some 
questions with some of the provisions.
  First of all, I have to thank Mr. Oberstar and Mr. Cummings and 
certainly our ranking member, the gentleman from New Jersey (Mr. 
LoBiondo). They have worked tirelessly. Particularly, I have to give a 
lot of credit to Mr. LoBiondo. He absolutely loves the Coast Guard, I 
think, with all his heart and soul; and he is dedicated to the men and 
women who serve. So from our side of the aisle, I want to thank, again, 
Mr. Oberstar and Mr. Cummings and staff, everyone working together. We 
have not passed a Coast Guard authorization since July of 2006, and 
this is an example of bipartisan effort. It's also an example of having 
introduced legislation and fine-tuning it. There were some problems 
with some of the initial submissions in the initial act that was 
submitted, and I think we've come a long way from that point.
  I do want to, again, thank the men and women of the Coast Guard. They 
do a great job for safety and security of our Nation's coast, and they 
are there when we need them. We need this authorization now to provide 
both the policy, the programs and also the funding for that great 
organization.

                              {time}  1830

  When I became the ranking member, I remember one of the first calls I 
got was from the Coast Guard commandant. It wasn't a time that I 
particularly look on as a bright spot in the history of the Coast 
Guard. They had had a number of problems with developing a security 
class cutter. We had some 110-foot cutters that were being retrofitted 
to a greater length and for hopefully a longer useful life, and both of 
those programs had run aground. I think we have worked with the Coast 
Guard and helped them learn from their experience.
  I think there was an attempt to possibly inject the government 
becoming a systems integrator, and heaven forbid that a smaller agency 
like the Coast Guard would be cast with that responsibility when it's 
even difficult for the Navy to take on that. But again, working with 
Members, I think they have crafted some good provisions in this 
legislation that will address some of the shortcomings that we see.
  Mr. Oberstar has paid particular attention to the safety regime and 
also the structure of the senior Coast Guard leadership. This action 
today approves longstanding requests from the Coast Guard to modernize 
their command structure.
  I think the bill also has some other excellent provisions in it. One 
of those that I take particular interest in is that the bill 
establishes a civil penalty for possession of illegal drugs on U.S. 
waters. It also includes enhanced tools for the Federal Government to 
apprehend and prosecute individuals who seek to smuggle undocumented 
persons into the United States. Both of these provisions will help the 
Coast Guard better carry out its law enforcement responsibilities. So 
there are a number of good provisions in here.
  I do have questions about the manager's amendment. Mr. LoBiondo and I 
are concerned about possible watering down of some of the provisions 
relating to piracy. Unfortunately, we've seen cases of mayhem and 
piracy on the open seas, and we want to give all the tools that we 
possibly can for enforcement on the high seas. We don't want to have a 
whole host of impediments to people protecting themselves or taking 
action against pirates. I believe that, again, an amendment that's 
offered by Mr. LoBiondo, which I will strongly support, will restore 
some of the intention of having a strong anti-pirate provision and 
capability for our maritime personnel.
  I also have some concerns in the legislation in several other areas; 
I won't get into them too much at this point. One in particular deals 
with the TWIC card, the Transportation Worker Identification 
Credential. The State of Florida has also had a demonstration of this 
technology and this card, along with three other States. They have some 
reservations about the provisions that are included in this 
legislation. I do have an amendment that deals with that, and that is 
another concern.
  Finally, we also have a small provision in here I am pleased that I 
was able to help include, and that's establishing a congressional 
nomination system for admission to the Coast Guard Academy. Three of 
our other services have this; we don't have it for the Coast Guard. I 
think it will enhance the prestige of the Coast Guard Academy, and it 
will also help us assemble an even more capable, I think, and diverse 
student body.
  I commend Chairman Cummings, Mr. Oberstar and Mr. LoBiondo, our 
Republican leader on this subcommittee, for their efforts.

[[Page 25494]]


  Mr. OBERSTAR. I yield such time as he may consume to the 
distinguished chairman of the Subcommittee on the Coast Guard, the 
gentleman from Maryland (Mr. Cummings).
  Mr. CUMMINGS. Madam Chair, as chairman of the Subcommittee on Coast 
Guard and Maritime Transportation, I rise today in strong support of 
the Coast Guard Authorization Act of 2010, H.R. 3619. I applaud 
Chairman Oberstar for his diligent work on this legislation, his 
detailed oversight of the Coast Guard, including his focus on ensuring 
that the service remains prepared to carry out all of its traditional 
missions, and for his leadership on the Committee on Transportation and 
Infrastructure.
  I also thank Congressman Mica, the ranking member of the full 
committee, and Congressman LoBiondo, the ranking member of the 
subcommittee, for their work on this legislation. I certainly thank 
Chairman Bennie Thompson and Ranking Member Peter King from the 
Homeland Security Committee for working so closely with us to move this 
very important legislation to the floor today.
  This comprehensive legislation would authorize approximately $10 
billion to fund the Coast Guard's operations for fiscal year 2010. The 
legislation would also increase the level of military personnel 
authorized to be in the service by 1,500 servicemembers to 47,000 
personnel. I have long said that the Coast Guard is our thin blue line 
at sea, and that thin blue line is now stretched as never before, as 
Mr. Oberstar has said, as it attempts to carry out its traditional 
missions while performing new Homeland Security responsibilities it 
assumed after 9/11.
  The increase in the service's end strength that will be provided by 
the bill would be a first step in what must be the continued growth 
that will finally make the Coast Guard's size equal to the demands our 
Nation makes of it. By incorporating a number of bills that have passed 
the Committee on Transportation and Infrastructure, and in some cases 
the full House, this legislation will also address the most pressing 
issues facing our Coast Guard and our Nation's merchant mariners.
  For example, this legislation incorporates H.R. 1665, the Coast Guard 
Acquisition Reform Act of 2009, which passed the House on July 29 by a 
vote of 426-0. I offered that legislation to modernize the Coast 
Guard's management of its billion-dollar annual acquisition program. 
This legislation responds directly to the shortcomings the committee 
and subcommittee examined in the Coast Guard's implementation of 
several Deepwater procurements by requiring the appointment of a Chief 
Acquisition Officer who can be a senior military officer or a member of 
the senior executive service, but who must be a trained acquisition 
professional.
  The legislation would also eliminate the use of private sector lead 
systems integrators and require the Coast Guard to develop tailored 
testing and evaluation programs and independent life-cycle cost 
estimates for its largest procurements.
  H.R. 3619 also includes the Maritime Workforce Development Act, H.R. 
2651, which would authorize the appropriation of $10 million in each of 
fiscal years 2010 through 2015 to fund loans to help mariners in all 
stages of their careers obtain the training and certifications they 
need to move ahead.
  In addition, H.R. 3619 would authorize a reorganization of the Coast 
Guard's senior leadership as proposed by the Commandant, Admiral Thad 
Allen; would make marine safety a core mission of the Coast Guard, and 
would require that those appointed to marine safety positions have the 
training necessary to effectively carry out this mission.
  H.R. 3619 would also create a process through which Members of 
Congress could nominate students to attend the United States Coast 
Guard Academy as is done it all other Federal service academies. Data 
provided by the Coast Guard show that only approximately 15 percent of 
the incoming class of 2013 at the Coast Guard Academy was comprised of 
minority students. By comparison, the Naval Academy's class of 2013 was 
the most diverse class in that institution's history, with 35 percent 
of the incoming class of midshipmen being minorities. I strongly 
believe that initiating a nomination process will enable the Members of 
Congress to support and fully engage in the Coast Guard's ongoing 
efforts to expand diversity at the Academy and help ensure that the 
service's officer corps and future leaders truly reflect the diversity 
of our great Nation.
  H.R. 3619 will provide a long overdue authorization for the Coast 
Guard and address the pressing issues that the committee and the 
subcommittee have examined through extensive oversight efforts during 
the past 3 years.
  I strongly urge adoption of this legislation.
  Mr. LoBIONDO. I yield 2 minutes to the gentleman from Wisconsin (Mr. 
Petri).
  Mr. PETRI. I thank my colleague from New Jersey.
  Mr. Chairman, I would like to engage in a colloquy about a provision 
in the manager's amendment.
  Mr. OBERSTAR. Certainly. The gentleman has the time.
  Mr. PETRI. I will yield to the gentleman for that purpose.
  Could the chairman clarify that the provision concerning the 
delegation of certain Coast Guard functions to nongovernmental 
classification societies is intended to direct that the authorization 
to perform inspection services should be delegated by the Coast Guard 
to any classification society, foreign or domestic, provided that the 
government of a foreign classification society's home country accepts 
plans, reviews, examinations, inspections, certifications and other 
related services from the American Bureau of Shipping in a manner 
equivalent to that which the Coast Guard allows foreign classification 
societies from that country?
  Mr. OBERSTAR. The gentleman has correctly stated the intention of the 
provision, that the delegation can be made to a foreign classification 
society if the government of the foreign country in which the foreign 
society is headquartered delegates the authority to the ABS, or if the 
Secretary enters into agreement with that foreign government to provide 
for reciprocal treatment of ABS.
  Mr. PETRI. Thank you. And thank you for your leadership on this 
important matter.
  Mr. OBERSTAR. I thank the gentleman for bringing this to our 
attention and for his advocacy for this issue.
  Madam Chair, I yield 2 minutes to the gentleman from Maryland (Mr. 
Ruppersberger).
  Mr. RUPPERSBERGER. Chairman Oberstar, thank you for your leadership. 
I strand in strong support of the Coast Guard Authorization bill.
  First, I would like to recognize my colleague from Maryland, Chairman 
Cummings. We have worked together as a team on many issues impacting 
the Baltimore region and the State of Maryland. He has shown leadership 
as chairman of the Coast Guard Subcommittee and has done a great deal 
to support the Coast Guard.
  I think it is only fitting that within the space of 2 weeks we are 
passing the Coast Guard authorization and the FY10 Homeland Security 
approps bill which funds the Coast Guard. These two bills will allows 
us to keep the security of our Nation our top priority. Homeland 
Security is not a Democratic or Republican initiative; it is U.S.A. 
first.
  The Coast Guard is a central part of our Nation's defenses and has 
been since 1790. Since 9/11, the Coast Guard's mission has greatly 
expanded. They handle everything from water rescues, to management of 
our ports, to drug interdictions off our Nation's coasts. In 2008, the 
Coast Guard set a record for drug interdiction. They confiscated more 
than 360,000 pounds of cocaine.
  I would also like to acknowledge the men and women who work at the 
Coast Guard Yard at Curtis Bay near the Port of Baltimore. The men and 
women of this yard do an excellent job maintaining and repairing the 
entire Coast Guard fleet. We need to ensure they are given the 
opportunity do the best that they can.
  The leadership of Chairman Oberstar and Chairman Cummings, along

[[Page 25495]]

with Ranking Members Mica and LoBiondo, has given the Coast Guard the 
resources to do the job that they need to protect our country. Speedy 
passage of this authorization will help make our country safer, and I 
urge a favorable vote.

                              {time}  1845

  Mr. LoBIONDO. Madam Chairman, I yield myself such time as I may 
consume.
  I would like to begin by thanking Mr. Oberstar, Mr. Mica and Mr. 
Cummings. I think the model that this subcommittee works with could be 
an example for the entire Congress, the bipartisan nature in which we 
proceed. The opinions and ideas of all are respected and acted upon, 
and that is reflected in H.R. 3619, this Coast Guard Authorization Act.
  However, I do have some serious concerns about a few matters--Mr. 
Mica touched on some of them--in the underlying bill, and some others 
that are being proposed in the manager's amendment. I hope the chairmen 
of the committee and the subcommittee will work with Ranking Member 
Mica and myself to address these concerns, if they are not cleared up 
today, as we move forward to a conference bill with the Senate.
  This bill has been a long time in coming, as has been noted by Mr. 
Mica and Mr. Oberstar and Mr. Cummings. We have worked on many of these 
provisions starting in the 109th Congress. Over that time, the absence 
of an authorization bill has had a real and negative impact on the 
Coast Guard.
  Let me just stop for a minute and say I think we should all take a 
step back and recognize the tremendous job that the men and women of 
the Coast Guard have been doing, are doing, and will continue to do. 
They are true unsung heroes. They put themselves in harm's way, whether 
it is on a drug interdiction mission, whether it is in search and 
rescue, whether it is maritime antiterrorism, or in the global war on 
terrorism, which they have also been involved in.
  We owe them a great debt of gratitude. We should continue to 
recognize the many sacrifices they are making on behalf of our country. 
I thank Admiral Allen and the leadership team, but especially the men 
and women of the Coast Guard.
  But to carry on with my statement, despite the addition of several 
new missions and focus areas, the service has been capped at an end-
strength number that has not been increased since 2004. The lack of an 
authorization bill has also prevented the Coast Guard from moving 
forward with a planned reorganization of its senior staff, from 
receiving expedited hiring authorities to bolster its acquisition 
staff--something that is desperately needed in this time when they are 
replacing assets--and from exercising strengthened authorities to 
apprehend and prosecute alien smugglers by sea. The smugglers continue 
to try to improve their methods and the Coast Guard continues to 
respond. These are vital tools we are giving them with this 
authorization legislation.
  This is an important bill, and I only hope our action this week will 
provoke an equal and prompt response from our counterparts in the 
United States Senate. We sometimes joke about it, we sometimes talk 
about it, but our ability to act on this side on an important measure 
like this should be followed up with the Senate. This is not the naming 
of a post office. There are literally lives that can be at stake here, 
and I hope the counterparts in the Senate will understand the severity 
of dealing with this in a timely manner.
  In addition to authorizing much-needed funding for the Coast Guard in 
the coming fiscal year, the bill includes several important provisions 
which will improve the organization and capabilities of the Coast 
Guard. Under the bill, Coast Guard officers will enjoy improved 
flexibility to specialize in high-need mission areas without fear that 
they will be passed over for promotion in the process, something that 
is not true today.
  The bill also includes the Coast Guard's proposed reorganization of 
its senior command structure, which will improve overall coordination 
of personnel, resources and capabilities to carry out all of their 
missions. This is increasingly important because of the needed 
flexibility of the changing of the mission, of the changing of the 
threat that the Coast Guard is protecting against, and this will be a 
vital component that will help them do their job.
  H.R. 3619 also includes bipartisan language to overhaul the Coast 
Guard's acquisition program, something that Chairman Oberstar, Chairman 
Cummings, and Ranking Member Mica have worked on very closely, to make 
sure that we can fine-tune this and make it much better as they 
recapitalize their major assets through the Deepwater program.
  On balance, this is a very good bill, but it does include some 
provisions that need to be improved prior to enactment or signing by 
the President.
  The bill continues to include language that would place unnecessary 
barriers in the way of approving and operating facilities that receive 
important energy and agricultural resources. While I understand this 
provision will be amended by the manager's amendment, we should look 
closely at whether the manager's amendment, the language therein, 
really improves the security, or merely sets up additional regulatory 
hurdles to the use of domestic energy resources, something that I don't 
think our country can afford.
  I am likewise concerned with the proposal in the manager's amendment 
which would weaken language which was adopted on a bipartisan basis in 
the committee to provide protection from liability for vessel owners, 
operators, captains and crewmembers who take action to defend 
themselves from a pirate attack.
  I want to spend just a couple more minutes talking about this. While 
I have an amendment on it, I think Mr. Oberstar, Mr. Mica, and Mr. 
Cummings were very thorough in helping us work out the language in a 
bipartisan way to deal with this liability issue with the pirates.
  I had an opportunity at the end of August and beginning of September 
to visit the East Coast of Africa and to visit a Navy SEAL team on the 
Manda Bay, which is in Kenya, just across from Somalia where the 
pirates are doing most of their activities.
  Our SEAL team is training Kenyans. They are doing a magnificent job, 
but they pointed out that the threat is very real and the pirates, 
because of some successes, are expected to pick up their activity. 
Little did we realize that this activity was going to pick up today.
  For those who did not hear my remarks earlier during the debate on 
the rule, we had two pirate attacks today. One pirate attack took 26 
hostages, took them from a Panamanian-flagged cargo vessel, as I 
understand it, something that gives us all great concern. There was 
another attack on an Italian ship. Fortunately, there was a Belgian 
warship that was close enough to be able to get involved and thwart 
that effort.
  An attack on a U.S. flag vessel happened barely 6 months ago. We all 
watched with great anxiety how our very heroic captain and crew of a 
U.S.-flagged vessel conducted themselves and the heroics of a Navy SEAL 
team to save the lives of Americans.
  The language that was worked out that was in the underlying bill, 
before the majority on the Judiciary Committee decided to change this, 
was something that will work, that will give the protection from 
liability to our crewmembers that they need.
  The language that was put in the manager's amendment by the Judiciary 
Committee will set up a legal tangle and a horrific situation for a 
crewmember trying to thwart an attack by pirates who may be firing upon 
them with automatic weapons or grenade launchers. Whatever the 
ammunition and firepower they have, this crewmember has to go through a 
legal tangle in their mind of five, six or seven things to understand 
what they can and can't do. This is an attack on U.S. interests. So I 
hope Members pay particular attention to the piracy amendment as we 
move forward with that.
  Lastly, I am concerned with our inability to include language that 
would

[[Page 25496]]

establish uniform national standards for vessel discharges, including 
ballast water. I have spoken on numerous occasions with Mr. Oberstar, 
and I want to take particular note to thank Mr. Oberstar once again for 
his keen interest in solving this problem and bringing so many 
interested parties to the table. I know that Mr. Oberstar shares my 
concerns and that of many of my colleagues, both on the committee and 
in Congress, to address this issue through legislation this year. I 
thank him for his offer to work with us, and I look forward to bringing 
the bill to the floor in the very near future.
  I plan to support the bill, even though I have a few reservations. I 
think it is a very important piece of legislation that we need to move 
forward, and I hope we will continue to improve the bill as we move 
through the process with amendments made in order today and as we move 
in a conference with the Senate. But I will continue to urge all of my 
colleagues on both sides of the aisle to support this legislation. It's 
good for the Coast Guard and it's good for America.
  I reserve the balance of my time.
  Mr. OBERSTAR. May I inquire of the time remaining on both sides?
  The CHAIR. The gentleman from Minnesota has 5\1/4\ minutes remaining; 
the gentleman from New Jersey has 2\1/2\ minutes remaining.
  Mr. OBERSTAR. I thank the Chair.
  I yield myself 10 seconds to thank the gentleman from New Jersey.
  I like the slogan, ``It's good for the Coast Guard and it's good for 
the country.'' I think that's all we need to say about this bill.
  I yield 2 minutes to the distinguished gentleman from Texas (Mr. 
Cuellar).
  Mr. CUELLAR. I thank the gentleman.
  Mr. Chairman, I rise in support of today's Coast Guard Authorization 
Act, H.R. 3619. I commend the distinguished chairman and the ranking 
member for their work on this excellent piece of legislation. The Coast 
Guard is an integral part of making our country safe. They conduct 
daily missions to protect our ports, our waterways and the marine 
transportation system.
  I authored a provision included in this bill to require the Coast 
Guard to step up border-security efforts on the navigable portions of 
the Rio Grande, which are international waters. Currently, the Coast 
Guard is only able to patrol a very small portion of the Rio Grande 
twice each quarter. This forces local agencies and the U.S. Border 
Patrol to concentrate the majority of their time and effort on the 
1,200 miles of the river banks, instead of the international boundary 
waters of the Rio Grande.
  Along the Rio Grande, the Federal and local officials are being 
confronted with a multitude of security issues, including border 
violence, narcotics trafficking, human smuggling, and even diseased 
bodies floating down the river. By analyzing the current mission and 
identifying needs and determining how to increase the presence of the 
Coast Guard in this area, we can help address these local needs and 
keep our communities safe.
  Also there is a piece of clarifying language included in the 
manager's amendment today that directs the Coast Guard, in conducting 
the analysis, to work with all necessary and appropriate entities, 
including Customs and Border Patrol, and local entities with local 
expertise. Increased cooperation and partnership between local entities 
and Federal entities will help identify the needs and more efficiently 
allocate resources. We will continue to fight to protect our 
communities and enhance security along the border.
  Mr. Chairman, I applaud you for the continuing work you have been 
doing on this important bill, and I urge all my colleagues to vote 
``yes.''
  Mr. LoBIONDO. Madam Chairman, I yield 2 minutes to the gentleman from 
Michigan (Mr. Ehlers).
  Mr. EHLERS. I thank the gentleman for yielding.
  I rise in support of this bill, the Coast Guard reauthorization for 
fiscal year 2010. It is a shame that Congress has not been able to pass 
this reauthorization for the past 3 years, although it is not due to a 
lack of effort on the part of the House of Representatives.
  Although there are many good provisions in this bill worth noting, I 
would like to talk briefly about a provision that was not included in 
this year's bill, ballast water management.
  As an environmentalist and a protector of our Great Lakes, I believe 
we must act quickly and properly on ballast water management. Although 
aquatic invasive species enter into our ecosystems through many 
different pathways, such as natural migration, attaching themselves to 
ships and aquaculture, the most common pathway is through ballast 
water.
  Ballast water is pumped onboard a ship to control its stability at 
sea. Ships often take on ballast water at a foreign port and discharge 
it at their USA destination port. When a ship pumps harbor water into 
its ballast tanks, it usually also sucks up aquatic species from that 
harbor. When those ballast tanks are emptied, those often-dangerous 
species are introduced into a new ecosystem and they may perpetuate as 
an invasive species.
  Since some ships are capable of holding millions of gallons of 
ballast water, the potential for spreading invasive species is 
unavoidable. Once an invasive species takes hold in a new environment, 
it has the ability to disrupt the balance of an ecosystem and cause 
significant environmental and economic harm.
  The amount of harm caused to this Nation enters the tens of billions 
of dollars in damage each year. For example, zebra mussels have cost 
the various entities in the Great Lakes Basin an estimated $5 billion 
for expenses related to cleaning water-intake pipes, purchasing 
filtration equipment and so forth. Sea lamprey control measures in the 
Great Lakes cost approximately $10 million to $15 million annually. On 
top of these expenses, there is the cost of lost fisheries due to these 
invaders.
  For these reasons, combating aquatic invasive species is a central 
element of the Great Lakes Regional Collaboration strategy and the 
Great Lakes Restoration Initiative to protect and restore the Great 
Lakes.
  Last year, I worked closely with Chairman Oberstar to include a title 
on Ballast Water Management in the Coast Guard bill, which would have 
created a uniform national standard for ballast water treatment. The 
goal was to have no living organisms in ballast water discharged by 
ships after 2013.
  Although I would have liked this bill to once again include a 
provision on ballast water management, I am cognizant that this 
provision may be one of the reasons this bill has been held up in the 
Senate. However, I believe Congress must act, and that there must be a 
uniform national standard. A patchwork of different State laws is 
untenable, especially in the Great Lakes where a ship may visit 
numerous ports in numerous different States, not to mention Canada.
  Therefore, I look forward to working with the Chairman to address 
ballast water management in another bill very soon. By spending 
millions of dollars preventing aquatic invasive species from entering 
our waters now, we can avoid spending billions of dollars trying to 
control and manage them once they are here. The adage, ``an ounce of 
prevention is worth a pound of cure'' may have never been more 
appropriate.
  Mr. OBERSTAR. Madam Chairman, we have only one speaker left, which is 
myself. Does the gentleman from New Jersey have any time remaining?
  The CHAIR. The gentleman from New Jersey has 30 seconds remaining.
  Mr. LoBIONDO. Madam Chairman, once again I would like to thank 
Chairman Oberstar, Chairman Cummings, Ranking Member Mica and our 
colleagues who have worked so hard on this. I want to reiterate how 
important this is for the men and women of the Coast Guard, who are 
putting their lives on the line every day for us, and to repeat what I 
said earlier, where I believe that this is one of those rare situations 
where we find a double win: It is very good for the Coast Guard, and it 
is very good for the United States of America.
  Mr. OBERSTAR. Madam Chairman, I yield myself such time as I may 
consume.
  I want to assure the gentleman from New Jersey and the gentleman from 
Michigan that the issue of ballast water will be dealt with. We are 
proceeding already. We have had staff-level discussions with both the 
Coast Guard Subcommittee staff and the

[[Page 25497]]

Water Resources staff on the Committee on Transportation and 
Infrastructure, Madam Chairman.

                              {time}  1900

  And I believe we can reach an agreement on setting a strong national 
standard and language that will establish that standard to override 
States' individual standards, as we have discussed in our several 
meetings, and I'm hopeful that we'll be able to do that within the 
month and bring that bill through committee to the floor on suspension 
if the product is acceptable on both sides of the aisle, and I'm 
confident we'll get there.
  I'd consume the balance of my time to emphasize just a couple of 
points. One, which the gentleman from Maryland has already addressed, 
the Chair of the Subcommittee on Coast Guard, and that is diversity in 
the Coast Guard. It was a shock to me to see the appallingly low level 
of minority participation in the Coast Guard Academy and at the officer 
level within the Coast Guard.
  I visited the Coast Guard Academy. I had lunch with the Commandant 
and with the head of the academic program and with a very, very astute, 
learned, talented young woman, African American cadet. But she was also 
not only distinguished by her caliber of academic performance and Coast 
Guard career performance, but she was practically the only one. And we 
have to change that. And we have included language inspired by Mr. 
Cummings to give Members of Congress the same authority in nominating 
candidates for the Coast Guard as we do for the other service 
academies. I think that will make a major step toward diversifying the 
Coast Guard and reflecting America in all of its variations.
  We also reorganize the senior leadership and overall structure of the 
Coast Guard. We spent a great deal of time in negotiations with the 
Commandant. I admire Commandant Allen. He's done a superb job for the 
Coast Guard. He resurrected FEMA during Katrina and put that agency 
back on a stable footing, and he, too, wants to restructure the Coast 
Guard.
  The CHAIR. The time of the gentleman has expired.
  Mr. OBERSTAR. Madam Chairman, I will include in the Record the 
balance of my remarks.
  Madam Chairman, I rise today in strong support of H.R. 3619, the 
``Coast Guard Authorization Act of 2010''. This is the annual 
authorization for the Coast Guard and is largely based on H.R. 2830, 
which passed the House on April 24, 2008. Unfortunately, the budget for 
the Coast Guard was last authorized in 2006. It is time for us to work 
together to ensure this Service gets what it needs to serve the 
American people.
  I applaud Subcommittee on Coast Guard and Maritime Chairman Cummings 
for his extensive oversight and support of the Coast Guard. Through his 
leadership, H.R. 3619 is a comprehensive bill that will enable the 
Coast Guard to carry out the Service's many missions with additional 
funding, new resources, and increased training standards. In addition, 
the safety provisions included in H.R. 3619 will reduce marine 
casualties and loss of life.
  H.R. 3619 authorizes $10 billion for the Coast Guard for fiscal year 
2010 and increases the Service's total end strength by an additional 
1,500 service members to a total of 47,000 personnel.
  H.R. 3619 also authorizes $153 million for the design and 
construction of a new replacement icebreaker for the Great Lakes. Last 
year, U.S.-flagged ships operating on the Great Lakes sustained $1.3 
million in damages to their hulls due to the Coast Guard's decreased 
ice breaking capabilities. Five of the Service's Great Lakes ice 
breakers are nearing the end of their service life.
  H.R. 3619 responds directly to the many shortcomings in Coast Guard 
acquisition efforts, developed over the last couple of years. It also 
requires the Coast Guard to develop life-cycle cost estimates for 
assets that are expected to cost more than $10 million and to have a 
service life of at least 10 years. It prohibits contractor self-
certification and requires the appointment of a Chief Acquisition 
Officer who is a qualified acquisition professional.
  In 2007, the Subcommittee on Coast Guard and Maritime held a hearing 
on Mariner Education and Workforce. Industry personnel expressed 
concern that, as the nation's volume of imports and exports increase 
over the next 10 years, there will be a shortage of qualified and 
experienced personnel. H.R. 3619 authorizes $10 million for the 
Secretary of Transportation to establish a maritime career recruitment, 
training and loan program to ensure a robust labor pool in the maritime 
industry.
  H.R. 3619 also authorizes the Coast Guard to implement a 
reorganization of its senior leadership and overall structure. The Vice 
Commandant is promoted to full Admiral, and the Coast Guard's previous 
Atlantic and Pacific Area Commanders and Chief of Staff positions are 
eliminated. These positions will be replaced with four three-star 
positions, including: the Deputy Commandant for Mission Support; Deputy 
Commandant for Operations; Commander of Force Readiness Command; and 
Commander of Operations.
  In August 2007, the Subcommittee held a hearing on the challenges 
facing the Coast Guard's marine safety program. H.R. 3619 will 
alleviate the concerns of industry and Congress that the Coast Guard's 
marine inspectors have diminished technical expertise and that the 
Coast Guard has overall lost its focus on marine safety in response to 
its increased security responsibilities since September 11, 2001. H.R. 
3619 establishes marine safety as a core mission of the Coast Guard. It 
sets minimum qualifications and training standards for personnel within 
the marine safety workforce to ensure that marine inspectors are 
technical experts, and have an established career path to succeed in 
the Coast Guard.
  Commercial fishing has a high rate of injuries and death, and is 
noted as one of the most dangerous jobs in the United States. From 1994 
to 2004, more than 641 fishermen lost their lives and approximately 
1,400 fishing vessels were lost. H.R. 3619 requires training for 
fishing vessel operators, and enhances and clarifies the equipment 
requirements for these commercial fishing vessels.
  H.R. 3619 also enhances the safety and security of cruise vessel 
passengers. Currently, there are no Federal statutes that explicitly 
require foreign-flagged cruise vessels to report alleged crimes to U.S. 
government officials, with the exception of foreign-flagged vessels 
operating in areas subject to the direct jurisdiction of the United 
States. For cruise vessels to which H.R. 3619 applies, owners will be 
required to keep a log book of certain crimes and theft of property 
valuing more than $1000, and will have to make that information readily 
accessible to law enforcement personnel. Owners will be required to 
modify the design and construction standards of applicable cruise 
vessels to increase the length of their railings to help prevent 
passengers from falling overboard. Also, vessel owners will be required 
to provide appropriate medical treatment to the victims of sexual 
assaults.
  I urge my colleagues to join me in supporting H.R. 3619.

                                         House of Representatives,


                               Committee on Homeland Security,

                                 Washington, DC, October 20, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Mr. Chairman: I am writing you regarding H.R. 3619, 
     the ``Coast Guard Authorization Act of 2010,'' introduced on 
     September 22, 2009. This legislation was initially referred 
     to the Committee on Transportation and Infrastructure and 
     sequentially referred to the Committee on Homeland Security 
     on October 16, 2009.
       In the interest of permitting this important legislation to 
     proceed expeditiously to floor consideration, I have waived 
     further consideration of H.R. 3619. I have done so with the 
     understanding that waiving consideration of the bill should 
     not be construed as the Committee on Homeland Security 
     waiving, altering, or otherwise affecting its jurisdiction 
     over subject matters contained in the bill which fall within 
     its Rule X jurisdiction.
       Further, I request your support for the appointment of 
     Homeland Security conferees during any House-Senate 
     conference convened on this or similar legislation. I also 
     ask that a copy of this letter and your response be placed in 
     the Congressional Record during floor consideration of this 
     bill.
       I look forward to working with you on this legislation and 
     other matters of great importance to this nation.
           Sincerely,
                                               Bennie G. Thompson,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                 Washington, DC, October 20, 2009.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security,
     Ford House Office Building, Washington, DC.
       Dear Chairman Thompson: I write to you regarding H.R. 3619, 
     the ``Coast Guard Authorization Act of 2010''.
       I agree that provisions in H.R. 3619 are of jurisdictional 
     interest to the Committee on Homeland Security. I acknowledge 
     that by forgoing further consideration, your Committee is not 
     relinquishing its jurisdiction

[[Page 25498]]

     and I will fully support your request to be represented in a 
     House-Senate conference on those provisions over which the 
     Committee on Homeland Security has jurisdiction in H.R. 3619.
       This exchange of letters will be inserted in the 
     Congressional Record as part of the consideration of this 
     legislation in the House.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                James L. Oberstar,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                 Washington, DC, October 16, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Armed Services,
     House of Representatives, Washington, DC.
       Dear Chairman Oberstar: This is to advise you that, as a 
     result of your having consulted with us on provisions in H.R. 
     3619, the Coast Guard Authorization Act of 2010, that fall 
     within the rule X jurisdiction of the Committee on the 
     Judiciary, we are able to agree to waive seeking a formal 
     referral of the bill, in order that it may proceed without 
     delay to the House floor for consideration.
       The Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 3619 at 
     this time, it does not waive any jurisdiction over subject 
     matter contained in this or similar legislation, and that our 
     Committee will be appropriately consulted and involved as the 
     bill moves forward, so that we may address any remaining 
     issues on matter in our jurisdiction. The Committee also 
     reserves the right to seek appointment of an appropriate 
     number of conferees to any House-Senate conference involving 
     this or similar legislation, and requests your support for 
     any such request.
       I would appreciate your including this letter in your 
     committee report, or in the Congressional Record during 
     consideration of the bill on the House floor. Thank you for 
     your attention to our requests, and for the cooperative 
     relationship between our two committees.
           Sincerely,
                                                John Conyers, Jr.,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                 Washington, DC, October 19, 2009.
     Hon. John Conyers, Jr.,
     Chairman, Committee on the Judiciary,
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Conyers: I write to you regarding H.R. 3619, 
     the ``Coast Guard Authorization Act of 2010''.
       I agree that provisions in H.R. 3619 are of jurisdictional 
     interest to the Committee on the Judiciary. I acknowledge 
     that by forgoing a sequential referral, your Committee is not 
     relinquishing its jurisdiction and I will fully support your 
     request to be represented in a House-Senate conference on 
     those provisions over which the Committee on the Judiciary 
     has jurisdiction in H.R. 3619.
       This exchange of letters will be inserted in the 
     Congressional Record as part of the consideration of this 
     legislation in the House.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                          James L. Oberstar, M.C.,
     Chairman.
                                  ____

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                 Washington, DC, October 21, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         Rayburn House Office Building.
       Dear Chairman Oberstar: I am writing to confirm our 
     understanding regarding H.R. 3619, the ``Coast Guard 
     Authorization Act of 2010.'' The Committee on Energy and 
     Commerce has jurisdictional interest in provisions of the 
     bill. I am pleased that consultation between the 
     Transportation and Infrastructure Committee and the Committee 
     on Energy and Commerce has led to resolution of issues 
     relating to language in these provisions.
       In light of the interest in moving this bill forward 
     promptly, I do not intend to exercise the jurisdiction of the 
     Committee on Energy and Commerce by seeking sequential 
     referral of H.R. 3619. I do this, however, with the 
     understanding that forgoing consideration of H.R. 3619 at 
     this time will not be construed as prejudicing this 
     Committee's jurisdictional interests and prerogatives on the 
     subject matter contained in this or similar legislation. In 
     addition, we reserve the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference named to consider such provisions.
       I would appreciate your including this letter in the 
     Congressional Record during consideration of the bill on the 
     House floor. Thank you for your cooperation on this matter.
           Sincerely,
     Henry A. Waxman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                 Washington, DC, October 21, 2009.
     Hon. Henry A. Waxman,
     Chairman, Committee on Energy and Commerce,
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Waxman: I write to you regarding H.R. 3619, 
     the ``Coast Guard Authorization Act of 2010''.
       I agree that provisions in H.R. 3619 are of jurisdictional 
     interest to the Committee on Energy and Commerce. I 
     acknowledge that by forgoing a sequential referral, your 
     Committee is not relinquishing its jurisdiction and I will 
     fully support your request to be represented in a House-
     Senate conference on those provisions over which the 
     Committee on Energy and Commerce has jurisdiction in H.R. 
     3619.
       This exchange of letters will be inserted in the 
     Congressional Record as part of the consideration of this 
     legislation in the House.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                James L. Oberstar,
                                                         Chairman.

  Mr. THOMPSON of Mississippi. Madam Chairman, I yield myself as much 
time as I may consume.
  Madam Chairman, I rise in strong support of H.R. 3619, a bill to 
authorize the activities of the United States Coast Guard. The 
legislation before us today builds on H.R. 2830, the Coast Guard 
authorization bill that the House approved by a vote of 395-7 last 
Congress. Like that bill, H.R. 3619 provides long overdue resources to 
an agency that has been underfunded for many years.
  Specifically, H.R. 3619 authorizes approximately $10 billion for FY 
2010 to ensure that the Coast Guard has the resources it needs to live 
up to its motto, ``Always Ready.'' Not only does it provide $2 billion 
to the Coast Guard to secure our Nation's maritime environment in this 
post-9/11 world, H.R. 3619 strengthens our Nation's port and maritime 
security by authorizing 1,500 additional servicemembers, more Maritime 
Security Response Teams, an expansion of canine detection teams, a 
maritime biometric verification system for individuals interdicted at 
sea, the Coast Guard Port Assistance Program, and a public awareness 
program for recreational boaters to report suspicious activities on the 
water.
  With the addition of the Oberstar amendment, this bill also makes a 
few refinements to the TWIC program. This program is called the 
Transportation Worker Improvement Card, Madam Chairman, and in so many 
instances, as we found out, people are still waiting for their TWIC 
card.
  H.R. 3619 also requires the Coast Guard to lead the efforts to 
enforce security zones around vessels carrying certain dangerous 
cargos, such as liquefied natural gas. The bill takes a risk-based 
approach to ensure that limited resources are utilized appropriately. 
It also requires that necessary training be provided to any State and 
local entity that partners with the Coast Guard to protect a security 
zone.
  There's a lot in this bill, in addition to provisions in the port 
security realm. This measure also brings new transparency and 
accountability standards for the Coast Guard's contracting with the 
private sector. It reforms the 25-year, $24 billion Deepwater 
acquisition program. It also enhances security on cruise ships, 
provides a new process for Members of Congress to nominate candidates 
to the Coast Guard Academy, and creates a new Minority Service 
Institution Management Internship program.
  In closing, Madam Chairman, I'd like to thank Chairman Oberstar and 
Chairman Cummings for their efforts to bring this bill to the floor. 
I'd also like to express my appreciation to Ranking Member King and his 
staff for working so cooperatively to move this bill expeditiously. I 
can only hope that we will see a similar commitment from the Senate 
colleagues. We need to get a final bill to the President for his 
signature as soon as possible.
  I urge passage of this important legislation.
  Mr. OBERSTAR. Will the gentleman yield?
  Mr. THOMPSON of Mississippi. I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. I ran out of time under our allocation to express my 
great appreciation to the chairman for

[[Page 25499]]

the splendid cooperation we've had, one-on-one and staff-to-staff, in 
fashioning those portions of the bill that come under the jurisdiction 
of the Homeland Security Committee. It's been a pleasure working with 
the chairman and his staff and to get this language fashioned, and 
appreciate the splendid cooperation that we've had. I thank the 
gentleman.
  Mr. THOMPSON of Mississippi. Madam Chairman, I reserve the balance of 
my time.
  Mr. SOUDER. Madam Chairman, I yield myself such time as I may 
consume.
  And while I have a general interest in this entire bill from the 
icebreakers for the Great Lakes to ballast water to the years that I've 
worked with Mr. Cummings on narcotics issues, in particular, I am here 
tonight to address the homeland security portions of this bill. And 
first let me say that I also appreciate the strong bipartisan support 
within the Committee on Homeland Security that we traditionally enjoy 
when considering this very important legislation.
  The bill before us proposes to authorize the activities of the United 
States Coast Guard for the fiscal year 2010. It increases the 
authorized force levels by 1,500 members and provides $10 billion to 
execute the Coast Guard's many missions. Its consideration is long 
overdue, and as we've been saying over and over, it's about time the 
Senate followed along. The last time the Coast Guard had an 
authorization bill signed into law was 2006, and I'm very pleased that 
we can bring another authorization bill for the Coast Guard today. And 
I join, again, my colleagues in voicing my support for its timely 
consideration in the Senate.
  In the immediate aftermath of September 11, Coast Guard forces around 
New York and New Jersey surged to ensure the safe evacuation of half a 
million people from Lower Manhattan. Coast Guard forces around the 
world changed their posture as they were given orders to set DEFCON 
III. Coast Guard cutters on-loaded their military complement of weapons 
and ammunition, and captains of the port around the country restricted 
or completely shut down vessel movements.
  In 2002, with the passage of the Homeland Security Act, the Coast 
Guard's missions were placed into categories--safety and security. The 
Congress specifically identified port security, drug interdiction, and 
defense readiness as key homeland security missions. However, while 
much of the Coast Guard's funding increases over the past 8 years have 
gone toward these homeland security missions, I would argue that these 
missions were seriously underfunded prior to 9/11. In fact, prior to 9/
11, the Coast Guard only expended about 2 percent of its available 
resources on its port security missions.
  To those who argue the Coast Guard has moved too far from its safety 
and regulatory missions, one need only revisit the agency's response to 
Hurricane Katrina. Following the landfall of Hurricane Katrina, pre-
positioned Coast Guard forces moved in quickly to answer tens of 
thousands of desperate calls for help. In fact, according to the 
Government Accountability Office, the Coast Guard participated in the 
rescue of over half of the estimated 60,000 left stranded by Hurricane 
Katrina. The agency itself was described as the ``silver lining'' in 
the storm that was the Federal response to Katrina. Now-Commandant 
Allen received many accolades for his efforts to improve and coordinate 
the Federal response in the aftermath.
  I would like to state for the record that the Committee on Homeland 
Security should have held a markup on this legislation. By going 
through regular order in the committee, we could have added even more 
to this bill. That being said, I appreciate that Chairman Thompson, 
Ranking Member King, Chairman Oberstar, and Ranking Member Mica, as 
well as the Subcommittee Chairmen Cummings and LoBiondo, for working 
with us to address some concerns in the manager's amendment and in the 
underlying port security title.
  The port security title, as amended, would--and I want to again thank 
Ranking Member King for his leadership--would, one, create a public 
awareness campaign to ensure suspicious activities on or near the water 
are reported to authorities. This is very critical. The Great Lakes 
area, all coastal areas, all border areas, having cooperation is 
absolutely essential because we simply do not have enough Coast Guard 
vessels. If commercial or recreational boaters see something, they 
should say something, and they need a way to report it.
  Provide the Coast Guard a second elite counterterrorism Maritime 
Security Response Team to ensure nationwide coverage is available to 
address the most severe maritime threats.
  Address several shortcomings of the Transportation Worker 
Identification Credential program, including clarifying that TWIC cards 
are only required by licensed mariners who access secure areas of 
facilities and vessels.
  Expand the Coast Guard's successful biometrics at sea program. I'd 
like to thank my friend from Florida (Mr. Bilirakis) for his steadfast 
support of this program.
  The Committee on Homeland Security has taken great efforts to ensure 
that the Coast Guard executes its security missions by allocating its 
limited resources based on risk. One of the more significant changes in 
the manager's amendment addresses the importance of risk-based 
methodology for security of all vessels caring dangerous cargos and 
does not limit itself only to liquefied natural gas tankers.
  In 2008, the Coast Guard identified over 12,500 shipments of 
dangerous cargo. However, because of very limited resources, Federal, 
State, and local law enforcement was only able to escort about 7 
percent of these shipments.
  In the short-term, the bill, as amended, would require the Coast 
Guard to guard those shipments that pose the greatest risk, with 
available Federal, State, and local resources. It will also require the 
Coast Guard to ensure all of its partners have the necessary training, 
equipment, and resources for that security mission.
  While I think that this is a good bill with bipartisan support, I do 
have some concerns about issues not addressed in the bill, and I hope 
that the Committee on Homeland Security will take up in this Congress a 
number of these.
  First, it is essential that the Coast Guard maintain a strong focus 
on counternarcotics. We need to have serious discussions about how to 
ensure greater coverage in the Pacific, including the need for oiler 
support. As the drug runners go farther out to sea, as they move 
terrorists and questionable people in those areas, we have to have the 
ability to go out and get them, and that means refueling capability; 
and how to better address the semisubmersible smuggling trend, that is, 
the minisubmarines that are increasingly bringing in huge loads of 
cocaine and, really, any contraband, could move chemical and biological 
weapons in through this procedure.
  Additionally, we cannot ignore security in the Arctic region and what 
role the Coast Guard is playing and should be playing in that arena, 
where right now the Russians are dominating.
  Thank you, Mr. Chairman, again for your bipartisan work on this bill. 
I look forward to working with you in the future on these important 
issues.
  I reserve the balance of my time.

                              {time}  1915

  Mr. THOMPSON of Mississippi. Madam Chair, how much time do I have?
  The CHAIR. The gentleman from Mississippi has 6 minutes remaining.
  Mr. THOMPSON of Mississippi. Madam Chair, I yield 3 minutes to the 
gentlewoman from California (Ms. Loretta Sanchez).
  Ms. LORETTA SANCHEZ of California. Thank you, Mr. Chairman.
  As the Homeland Security Subcommittee chairwoman with jurisdiction 
over maritime issues, I come to the floor in support of the Coast Guard 
Authorization Act of 2010. I want to thank both the chairman of 
Transportation and the chairman of Homeland Security for putting 
together this bill, and, of course, to the ranking members and the rest 
of the committee members.

[[Page 25500]]

  Specifically, I am pleased that two provisions that I championed were 
included in this bill and the manager's amendment.
  First, the legislation and manager's amendment will ensure that the 
Coast Guard adheres to sexual assault reporting standards, policies, 
and procedures that are consistent with our other services, and I am 
pleased that these reports will be made available to all of the 
committees of jurisdiction.
  Sexual assault among our Nation's servicemembers is an extremely 
troubling problem, and I believe that the accurate reporting of these 
assaults, comprehensive policies and procedures for responding to these 
crimes are a critical part of addressing this problem.
  And the second provision that I referred to will amend the port 
security title of the bill to make much-needed changes to the 
Transportation Worker Identification Credentialing program, or the TWIC 
card. I submitted an amendment to the Rules Committee on this topic, 
and I am glad that the chairman accepted it and put it in his manager's 
amendment. Thank you so much.
  My provision does several things. It directs the Secretary to develop 
procedures with port owners and operators that will allow individuals 
who are in the process of getting their TWIC, but yet haven't received 
the card, access to secure and restricted areas as long as they are 
escorted. This will assist the many workers at our ports who are still 
unable to work, and many of them have been waiting to get that TWIC 
card, so it's important for them.
  The provision also sets a 30-day limit for a time limit for 
processing the TWIC card application, and again, this is because it has 
taken so long when someone has applied to actually receive that card. 
In one case, one gentleman waited over a year to receive the card. It 
directs the Secretary to allow individuals to receive their TWIC card 
through the mail, sort of like we receive our reestablishment of our 
credit card rather than having to drive all the way back to the 
application center because for some people it could be 300 or 400 miles 
away. So why make a couple of trips when it could be sent through the 
mail and activated through the phone.
  And, finally, the provision gives individuals greater access to TWIC 
enrollment by allowing them to submit their fingerprints to any 
Department of Homeland Security agency at any location rather than, 
again, having to go back to the enrollment center. This provision will 
help many individuals get back to work while protecting the security of 
our Nation's ports.
  I thank the chairmen, both of you, for the time, and I ask my 
colleagues to support this important legislation.
  Mr. SOUDER. May I inquire how much time each side has.
  The CHAIR. The gentleman from Indiana has 3\1/2\ minutes remaining. 
The gentleman from Mississippi has 3 minutes remaining.
  Mr. SOUDER. I yield myself such time as I may consume.
  Once again, I want to thank the chairman of the Transportation 
Committee and Subcommittee and Chairman Thompson from our committee on 
behalf of Ranking Member King and the full Homeland Security Committee 
for the bipartisan leadership and the many things that we can work 
together on.
  In our Subcommittee on Border and Port Security and Terrorism, the 
Coast Guard is absolutely a key and integral part of that. The Homeland 
Security Committee needs to be engaged in this process as we work this 
through.
  As you've heard from Congressman Cuellar, who is also on our 
subcommittee, you think of the coast as the east and west coast or the 
Gulf of Mexico, but in fact the Rio Grande River, the Great Lakes, the 
Saint Lawrence Seaway, other rivers, the boundary waters area in 
northern Minnesota that Chairman Oberstar represents. A big percentage 
of our so-called land borders are actually water borders and trying to 
figure out proper training, how to handle the water, how we work with 
the air and marine divisions of CBP and integrate with the Coast Guard 
is critical to our borders. Obviously, port security comes under the 
Coast Guard. They're integrated in the State and local. They have 
amazing facilities.
  We need to make sure, as this bill addresses, that the training is 
there but the resources are there and that we have these specialized 
teams. I think this bill goes a long way towards this, and we need to 
have the Senate take it up and pass it as well. But we need to stay 
ever vigilant because the Coast Guard is a key part of FEMA, it's a key 
part of fisheries, it's a key part of trying to protect our waters as 
well as trying to rescue people who fall into various places and save 
their lives. They are multi-task.
  But a critical part of that is a homeland security mission, and I 
appreciate that we are able to work together in a bipartisan way on 
this bill.
  I yield back the balance of my time.
  Mr. THOMPSON of Mississippi. Madam Chair, I yield myself as much time 
as I may consume.
  Madam Chair, as the motto states, the brave men and women of the 
United States Coast Guard are always ready to safeguard the Nation in 
our ports, at sea and around the world. I am confident that this bill 
before the House today will assist the Coast Guard just as they assist 
American people every day. I urge my colleagues to give H.R. 3619 their 
strong support.
  Mr. INSLEE. Madam Chair, every year, 15 billion gallons of oil are 
transported through the Puget Sound and the Pacific Northwest 
waterways. Even a minor tanker spill could release enough oil to 
devastate our fragile and unique marine ecosystems of Puget Sound. In 
Washington State, we have been able to successfully keep our shores 
free from major oil spills by using tug boat escorts for laden tanker 
transit. The escorts reduce the risk of potentially disastrous oil 
spills by being ready and able to assist a tanker in a crisis or to 
begin the cleanup if the worst should happen. Puget Sound is also 
vulnerable to spills that happen in waters north of the border. 
Currently, Canada does not mandate tug escorts and the U.S. Coast Guard 
does not enforce escort requirements for ships entering U.S. waters 
from Canada. We share these waterways with our Canadian neighbors and I 
encourage working cooperatively to develop comprehensive rules to 
require tug escorts for laden tanker ships to protect both sides of our 
national borders from oil spills.
  Puget Sound is a delicate and vast coastal ecosystem that is home to 
iconic species such as salmon, orca whales, western grebe, and 
rockfish. For centuries, coastal and regional communities have been 
dependent on the health of the Puget Sound for cultural, economic, and 
recreational uses. A major oil spill could disrupt Washington's 
environment, economy and coastal communities' way of life by severely 
damaging our ecosystem, shellfish and fishing industry, tribal 
communities, tourism and recreation.
  I have seen the impacts on oil spills in Puget Sound first hand. 
During a recent incident in 2003, nearly 4,800 gallons of oil spilled 
into the Puget Sound near Point Wells, just north of Seattle and spread 
across the Sound to the shores of Kitsap County. The oil contaminated 
clams and crabs and polluted the sand and marsh grass.
  Washington State has worked hard to protect our pristine marine 
waters and shorelines from oil spills and it is my hope that the U.S. 
Coast Guard, Canada and Washington State will work together to further 
protect these vital and important international waterways.
  Therefore, I authored an amendment, which was accepted in the 
Manager's amendment, to encourage these negotiations. I thank Chairman 
Oberstar for his support and hope that we can continue to work together 
to protect Puget Sound.
  Unfortunately, due to a matter in Washington state, I will be absent 
during the vote on both the rule and final passage of this bill. Had I 
been present, I would have supported the rule and the Coast Guard 
Authorization Act of 2010.
  Mr. VAN HOLLEN. Madam Chair, I rise in support of the 2010 Coast 
Guard Authorization Act. This bill promotes the transportation safety, 
natural resources, and national security objectives of the country.
  The bill authorizes $10 billion for domestic and international Coast 
Guard operations and maintenance, search and rescue, workforce 
development and port, waterways and coastal safety programs. The bill 
will also help save money for U.S. taxpayers by requiring the Coast 
Guard to establish for the first time an acquisition policy based on a 
statement of need, an analysis of alternatives and an estimation of 
life-cycle costs.

[[Page 25501]]

  The U.S. Coast Guard plays a vital role in the national security 
infrastructure of the country. In times of war, it falls under the 
command of the Navy. Among its current international missions are 
counter-piracy operations off the coast of Somalia. Because it is a 
major element of our national security efforts, it is key that Congress 
act on its reauthorization. Congress has not reauthorized the U.S. 
Coast Guard since 2006. I encourage my colleagues to join me in support 
of the 2010 Coast Guard Authorization Act. And I encourage my Senate 
colleagues to do the same.
  Mr. GENE GREEN of Texas. Madam Chair, I rise in strong support of 
this bill and urge my colleagues to join me in supporting it.
  The 29th District of Texas that I represent encompasses the Port of 
Houston--the largest port in the country per foreign tonnage. It drives 
economic activity in the region, and is home to one of the largest 
petro-chemical complexes in the world.
  Because of this, security on the waterway is critical, and the Coast 
Guard has been exceptional in providing that security.
  Last month a 458-foot motor vessel Chemical Supplier collided with a 
barge near Brady's Island, close to the Interstate 610 bridge. The 
Unified Command, led by the Coast Guard responded mitigating the oil 
spill, preventing further damage and minimizing disruption, and traffic 
was moving on the waterway again within three days.
  Again, yesterday, a tanker ship collided with a supply vessel 
offshore Texas, about 40 miles southeast of Galveston, spilling 18,000 
gallons of fuel oil into the Gulf of Mexico. The Coast Guard responded, 
contained the spill, and began cleanup later in the day with a DC-3 
airplane dropping dispersants on the spill.
  This bill is a strong bill, that provides the Coast Guard with the 
resources they need to meet the security and environmental demands they 
are tasked with.
  The measure authorizes programs of the Coast Guard in FY 2010, and 
makes a number of changes dealing with acquisition systems, including 
the troubled Deepwater program to replace aging equipment, as well as 
changes to the leadership structure and career development. It requires 
the Coast Guard to set new regulations on marine and fishing safety, 
establishes marine safety as a Coast Guard function, and guarantees 
mariners the right of self-defense if under attack. The measure also 
increases penalties for knowingly bringing illegal aliens into the 
United States, and creates new penalties for ships under U.S. 
jurisdiction that do not comply.
  As amended this bill will clarify existing law to ensure that the 
U.S. Coast Guard can continue to delegate the review and inspection of 
offshore facilities to the American Bureau of Shipping. Since the 
Merchant Marine Act of 1920, the United States Government has partnered 
with the Bureau to enhance safety and protect the environment. This 
partnership has been inadvertently jeopardized by a recent unrelated 
court case. Passage of the bill will continue today's high levels of 
offshore safety, ensure offshore projects are not delayed, and protect 
the jobs of hard working Americans.
  Madam Chair, I again thank the Committee for their work on this bill 
and strongly urge my colleagues to join me in supporting it.
  Ms. BORDALLO. Madam Chair, I rise today in strong support of H.R. 
3619, the Coast Guard Authorization Act of 2010. In particular, I would 
like to express my support for Section 220, which requires that Coast 
Guard vessels homeported in Guam be repaired, overhauled and maintained 
at American facilities. This provision was included in H.R. 2830 the 
Coast Guard Reauthorization Act from the 110th Congress and which was 
included in a manager's amendment that was adopted on the floor. I 
appreciate Chairman Oberstar's and Chairman Cumming's continued support 
for including this provision in this bill.
  This section clarifies a current loophole in statute that will ensure 
that Coast Guard ships that protect the waterways of Guam and the 
Commonwealth of the Northern Mariana Islands as well as the Federated 
States of Micronesia will be repaired by American workers. Furthermore, 
the maintenance funds authorized and appropriated by this body will be 
re-invested in the American economy. This is a common sense provision 
that simply extends to Guam the same repair American provisions that 
already apply to the rest of the United States. Again, I would like to 
express my appreciation to Chairman Oberstar of the Committee on 
Transportation and Infrastructure and to Chairman Cummings of the Coast 
Guard Subcommittee for their leadership on this bill and for including 
this provision.
  Mr. COURTNEY. Madam Chair, I want to applaud my friend, Chairman Jim 
Oberstar, and his committee for putting together a strong bill that 
invests in the needs of our Coast Guard. This bill makes many key 
investments in the ability of our Coast Guard to protect our nation, 
guard our waterways, and make sure it is ``always ready'' to respond.
  However, I rise today in reluctant opposition to this bill because of 
the very significant changes it makes to the admissions process for the 
United States Coast Guard Academy.
  As many of my colleagues know, the Coast Guard Academy is located in 
my district, in New London, Connecticut. Established at Fort Trumbull 
in 1910 first as the School of Instruction to the U.S. Revenue Cutter 
Academy and then as the U.S. Coast Guard Academy after the 
consolidation of the Life Saving Service and the Revenue Cutter Service 
in 1915, the Academy has been a part of New London at its present site 
since 1932. Over its last century in New London, the Academy has helped 
to train, educate and shape generations of young leaders of the Coast 
Guard.
  Today, the Coast Guard Academy is a highly competitive educational 
institution. Called ``the best kept secret in higher education'' by the 
Princeton Review, it is a challenging school that attracts driven, 
committed leaders who go on to serve our nation in the many diverse 
roles played by our Coast Guard today. In fact, the number of 
applicants who said that they were not seeking admission to one of the 
other service academies--that the Coast Guard Academy was their first 
choice--rose from 61 percent of the class of 2009 to 66 percent of the 
class of 2011.
  As of July 2009, the Coast Guard Academy had 973 cadets enrolled 
representing 43 states and 15 foreign nations. For the newest class, 
the class of 2013, 1,672 completed the application process, 411 were 
offered appointments to the Academy, and 288 cadets--17 percent of 
those who applied--were sworn in. Nearly 80 percent of Academy 
graduates go on to graduate programs, with most paid for by the Coast 
Guard, and 85 percent of graduates choose to serve beyond their 
required five-year commitment.
  The Academy is particularly proud of its high recruitment of women 
cadets. Of the total corps of cadets, 27 percent are women: 23 percent 
female in the class of 2010, 30 percent in the class of 2011, 28 
percent in the class of 2012, and 29 percent in the class of 2013. Its 
success in this area sets the Coast Guard Academy apart from other 
service academies, and is worthy of recognition.
  However, there are two areas in which both the Congress and the Coast 
Guard Academy agree that there is some work to do--the recruitment of 
underrepresented minorities in the cadet corps, as well as a lack of 
geographical diversity. I absolutely believe that, as a publicly funded 
institution, the Coast Guard Academy should represent a cross-section 
of our society, reflecting the racial, gender and geographic 
composition of our nation. Any young person, regardless of race, gender 
or geographic location, should have the opportunity to serve our nation 
as an officer in the Coast Guard.
  In my ongoing discussions with the leadership of the Coast Guard 
Academy, they have made clear that some of their top priorities include 
increasing diversity, both of underrepresented minorities and 
geographical regions, and spreading the word about the excellent 
education it has to offer to a wider audience. While involving Members 
of Congress in the application process may be one of the answers to 
these challenges, there are likely other ways to achieve these goals 
that should be considered as well before taking this step.
  For example, the Academy has significantly increased its efforts to 
get the word out about their unique institution and what they have to 
offer to underrepresented minority and geographic populations. For 
example, they are specifically directing recruitment efforts through 
mailings, advertising on online college search websites, and ramping up 
efforts to get recruiters in cities and regions with high minority 
populations, as well as those states and regions not typically 
represented at the Academy.
  There is some indication that these efforts are paying off. For 
instance, compared to last year, inquiries to the Academy by minority 
students are up 40 percent to 1,800. And, online applications from 
minority students are up 34 percent to 317.
  In addition, the Coast Guard Academy recently released a 
comprehensive Strategic Plan focusing on diversity, leadership, and 
character development. This plan outlines a clear goal of achieving 20-
25 percent representation by underrepresented minorities by 2015, and 
in faculty and staff by 2020. This plan is getting off the ground now.
  Even without congressional nominations, there is much each of us can 
do to contribute to the makeup of the Academy. For example, we can all 
include Coast Guard Academy admissions information our offices 
distribute related to service academy nominations, and direct 
interested constituents to the institution.

[[Page 25502]]

And, we can ensure that our websites include information about the 
Academy. Earlier this year, a survey of congressional websites showed 
that over half made no mention of the Coast Guard Academy and did not 
post a link or other information about the institution. In March, I 
circulated a ``Dear Colleague'' letter urging that Members make sure 
their websites reflect this important information--and I will continue 
to work with my colleagues to encourage them to do so.
  I strongly believe that any change to the application process or the 
character of the institution must be carefully considered, hand in hand 
with the Academy, before moving forward. The manager's amendment to 
this bill included a provision to require the Government Accountability 
Office, GAO, to evaluate the Coast Guard Academy's efforts to improve 
minority and geographic diversity. While I strongly support this review 
and look forward to its findings, I am disappointed that this kind of 
evaluation was not done first before pursuing changes to the existing 
admissions process.
  To this end, I reluctantly oppose the Coast Guard authorization bill, 
and hope to continue to work with my colleagues in the House and 
Senate, as well as the leadership of the Academy, to address these 
concerns.
  Mr. HIMES. Madam Chair, I rise today in favor of the Cruise Vessel 
Security and Safety Act which has been included in the base bill of the 
Coast Guard Authorization Act of 2009.
  It is expected that more than 12 million Americans will take a cruise 
vacation in 2009 alone. Passengers on cruises have an inadequate 
understanding of their potential vulnerability to crime, and those who 
may be victimized lack the information they need to understand their 
legal rights or to know who to contact for help in the immediate 
aftermath of a crime.
  Cruise ships, which operate under foreign flags of convenience, are 
not required under U.S. law to report crimes that occur outside of U.S. 
territorial waters.
  Travelers on water deserve the same protections as travelers on land, 
and taking a few extra measures to protect passengers will lead to more 
enjoyable, safer trips and better results for victims of crimes.
  To enhance the safety of cruise passengers, the owners of cruise 
vessels need to upgrade, modernize, and retrofit the safety and 
security infrastructure on their vessels. They need to install peep 
holes in passenger doors, raise standard ship railings, install 
security video cameras and limit access to passenger rooms.
  In addition, passenger vessel crew members must be trained on the 
appropriate methods for prevention, detection, evidence preservation, 
and reporting of criminal activities. In the event that a crime should 
occur, it is of utmost importance that the crime scene or any potential 
evidence is not tampered with before the FBI can begin its 
investigation.
  I would be remiss if I did not take a moment to mention my 
predecessor, the Honorable Christopher Shays, and the fight he began to 
improve safety on cruise ships and protect cruise ship passengers years 
ago. Congressman Shays took on this charge after one of our 
constituents, George Smith, was the victim of a crime in international 
waters while on his honeymoon in 2005. The investigation surrounding 
Mr. Smith's disappearance remains open to this day. Had the safety 
improvements and post-incident regulations mandated by the Cruise 
Vessel Security and Safety Act been in place in 2005, this horrible 
tragedy might have been prevented. I proudly stand alongside the Smith 
family and the Cruise Victims Association as they continue their fight 
for justice every day. Together, we work to honor Mr. Smith's death so 
no family will ever have to suffer again from this type of tragic 
crime.
  Mr. DINGELL. Madam Chair, I rise today to commend Chairman Oberstar 
and Subcommittee Chairman Cummings for their hard work on this 
legislation. I believe H.R. 3619 will go far towards ensuring that the 
U.S. Coast Guard has the financial resources and management structure 
in place to do their job efficiently and effectively.
  More importantly I want to thank both gentlemen for helping to 
address my concerns regarding the bridge permitting process for the 
Ambassador Bridge Enhancement Project led by the U.S. Coast Guard.
  Ultimately the U.S. Coast Guard found that the owner of the 
Ambassador Bridge had not provided the relevant information necessary 
to make a decision on a permit at this time; an outcome I commend, as I 
believe that while the Ambassador Bridge Enhancement Project may 
ultimately be a worthy undertaking, the owner of the bridge must go 
through the proper channels of federal permitting, abiding by federal 
law and regulation, and including all relevant environmental, safety 
and structural information as requested and as all other public 
operators do.
  However, at the same time the U.S. Coast Guard was conducting their 
process, Federal Highway Administration was conducting a separate 
permitting process for a new public span, the Detroit River 
International Crossing.
  The differences in these two processes, as well as differences in the 
level of community engagement and state government engagement, is of 
concern to me and many in Southeast Michigan.
  The report language makes clear that there is a requirement that the 
Commandant of the USCG, with the Secretaries of Transportation and 
Homeland Security have to submit a report to the House Committee on 
Transportation and Infrastructure and other relevant committees 
regarding the existing coordination protocols for joint infrastructure 
responsibilities as well as recommended improvements to these 
protocols.
  It is my hope that this will help to guide early coordination on the 
bridge permitting process and all other infrastructure projects, 
between the United States Coast Guard, U.S. Department of 
Transportation, the U.S. Department of Homeland Security, as well as 
the relevant State agencies.
  I have long believed that the end result of the legislative process, 
the NEPA process, or in this instance the bridge permitting process, is 
drastically improved by working with all relevant stakeholders. Such 
processes always benefit from thoughtful, careful, informed 
deliberation in compliance with all relative federal law and 
regulation.
  Again, I thank Chairman Oberstar and Chairman Cummings for their 
support and their work on this matter.
  Mr. THOMPSON of Mississippi. I yield back the balance of my time.
  The CHAIR. All time for general debate has expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
recommended by the Committee on Transportation and Infrastructure, 
printed in the bill, is considered as adopted. The bill, as amended, is 
considered as an original bill for the purpose of amendment and is 
considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 3619

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

     SECTION 1. SHORT TITLE.

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

Sec. 1. Short title.

                         TITLE I--AUTHORIZATION

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

                         TITLE II--COAST GUARD

Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
              (AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Repeal.
Sec. 210. Merchant Mariner Medical Advisory Committee.
Sec. 211. Reserve commissioned warrant officer to lieutenant program.
Sec. 212. Enhanced status quo officer promotion system.
Sec. 213. Laser Training System.
Sec. 214. Coast Guard vessels and aircraft.
Sec. 215. Coast Guard District Ombudsmen.
Sec. 216. Coast Guard commissioned officers: compulsory retirement.
Sec. 217. Enforcement of coastwise trade laws.
Sec. 218. Academy nominations.
Sec. 219. Report on sexual assaults in the Coast Guard.
Sec. 220. Home port of Coast Guard vessels in Guam.
Sec. 221. Minority serving institutions.

                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Goods and services.
Sec. 302. Seaward extension of anchorage grounds jurisdiction.
Sec. 303. Maritime Drug Law Enforcement Act amendment-simple 
              possession.
Sec. 304. Technical amendments to tonnage measurement law.
Sec. 305. Adjustment of liability limits for natural gas deepwater 
              ports.
Sec. 306. Period of limitations for claims against Oil Spill Liability 
              Trust Fund.
Sec. 307. Merchant mariner document standards.
Sec. 308. Report on Coast Guard determinations.
Sec. 309. Ship emission reduction technology demonstration project.
Sec. 310. Phaseout of vessels supporting oil and gas development.

[[Page 25503]]

Sec. 311. Arctic marine shipping assessment implementation.
Sec. 312. Supplemental positioning system.
Sec. 313. Dual escort vessels for double hulled tankers in Prince 
              William Sound, Alaska.

                    TITLE IV--GREAT LAKES ICEBREAKER

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Authorization of appropriations.

                      TITLE V--ACQUISITION REFORM

Sec. 501. Short title.
Sec. 502. Definitions.

    Subtitle A--Restrictions on the Use of Lead Systems Integrators

Sec. 511. Procurement structure.

               Subtitle B--Coast Guard Acquisition Policy

Sec. 521. Operational requirements.
Sec. 522. Required contract terms.
Sec. 523. Life-cycle cost estimates.
Sec. 524. Test and evaluation.
Sec. 525. Capability standards.
Sec. 526. Acquisition program reports.
Sec. 527. Undefinitized contractual actions.
Sec. 528. Guidance on excessive pass-through charges.
Sec. 529. Acquisition of major capabilities: Alternatives analysis.
Sec. 530. Cost overruns and delays.
Sec. 531. Report on former Coast Guard officials employed by 
              contractors to the agency.
Sec. 532. Department of Defense consultation.

                   Subtitle C--Coast Guard Personnel

Sec. 541. Chief Acquisition Officer.
Sec. 542. Improvements in Coast Guard acquisition management.
Sec. 543. Recognition of Coast Guard personnel for excellence in 
              acquisition.
Sec. 544. Coast Guard acquisition workforce expedited hiring authority.

                TITLE VI--MARITIME WORKFORCE DEVELOPMENT

Sec. 601. Short title.
Sec. 602. Maritime education loan program.

                  TITLE VII--COAST GUARD MODERNIZATION

Sec. 701. Short title.

                   Subtitle A--Coast Guard Leadership

Sec. 711. Admirals and Vice Admirals.

                Subtitle B--Marine Safety Administration

Sec. 721. Marine safety.
Sec. 722. Marine safety staff.
Sec. 723. Marine safety mission priorities and long-term goals.
Sec. 724. Powers and duties.
Sec. 725. Appeals and waivers.
Sec. 726. Coast Guard Academy.
Sec. 727. Report regarding civilian marine inspectors.

                       TITLE VIII--MARINE SAFETY

Sec. 801. Short title.
Sec. 802. Vessel size limits.
Sec. 803. Cold weather survival training.
Sec. 804. Fishing vessel safety.
Sec. 805. Mariner records.
Sec. 806. Deletion of exemption of license requirement for operators of 
              certain towing vessels.
Sec. 807. Log books.
Sec. 808. Safe operations and equipment standards.
Sec. 809. Approval of survival craft.
Sec. 810. Safety management.
Sec. 811. Protection against discrimination.
Sec. 812. Oil fuel tank protection.
Sec. 813. Oaths.
Sec. 814. Duration of credentials.
Sec. 815. Fingerprinting.
Sec. 816. Authorization to extend the duration of licenses, 
              certificates of registry, and merchant mariners' 
              documents.
Sec. 817. Merchant mariner documentation.
Sec. 818. Merchant mariner assistance report.
Sec. 819. Offshore supply vessels.
Sec. 820. Associated equipment.
Sec. 821. Lifesaving devices on uninspected vessels.
Sec. 822. Study of blended fuels in marine application.
Sec. 823. Renewal of advisory committees.

                     TITLE IX--CRUISE VESSEL SAFETY

Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Cruise vessel security and safety requirements.
Sec. 904. Study and report on the security needs of passenger vessels.

               TITLE X--UNITED STATES MARINER PROTECTION

Sec. 1001. Short title.
Sec. 1002.  Use force against piracy.
Sec. 1003. Agreements.

                        TITLE XI--PORT SECURITY

Sec. 1101. Maritime homeland security public awareness program.
Sec. 1102. Transportation Worker Identification Credential.
Sec. 1103. Review of interagency operational centers.
Sec. 1104. Maritime security response teams.
Sec. 1105. Coast Guard detection canine team program expansion.
Sec. 1106. Coast Guard port assistance program.
Sec. 1107. Maritime biometric identification.
Sec. 1108. Review of potential threats.
Sec. 1109. Port security pilot.
Sec. 1110.  Seasonal workers.
Sec. 1111. Comparative risk assessment of vessel-based and facility-
              based liquefied natural gas regasification processes.
Sec. 1112. Pilot Program for fingerprinting of maritime workers.
Sec. 1113. Transportation security cards on vessels.
Sec. 1114. International labor study.
Sec. 1115. Maritime Security Advisory Committees.
Sec. 1116. Seamen's shoreside access.
Sec. 1117. Waterside security around especially hazardous material 
              terminals and tankers.
Sec. 1118. Review of Liquefied Natural Gas Facilities.
Sec. 1119. Use of secondary authentication for transportation security 
              cards.
Sec. 1120. Report on State and local law enforcement augmentation of 
              Coast Guard resources with respect to security zones and 
              United States ports.
Sec. 1121. Assessment of transportation security card enrollment sites.

                       TITLE XII--ALIEN SMUGGLING

Sec. 1201. Short title.
Sec. 1202. Findings.
Sec. 1203. Checks against terrorist watchlist.
Sec. 1204. Strengthening prosecution and punishment of alien smugglers.
Sec. 1205. Maritime law enforcement.
Sec. 1206. Amendment to the sentencing guidelines.

                  TITLE XIII--MISCELLANEOUS PROVISIONS

Sec. 1301. Certificate of documentation for GALLANT LADY.
Sec. 1302. Waivers.
Sec. 1303. Great Lakes Maritime Research Institute.
Sec. 1304. Conveyance of Coast Guard Boat House, Nantucket, 
              Massachusetts.
Sec. 1305. Crew wages on passenger vessels.
Sec. 1306. Technical corrections.
Sec. 1307. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 1308. Conveyance of Coast Guard HU-25 Falcon Jet aircraft.
Sec. 1309. Decommissioned Coast Guard vessels for Haiti.
Sec. 1310. Phaseout of vessels supporting oil and gas development.
Sec. 1311. Vessel traffic risk assessment.
Sec. 1312. Study of relocation of Coast Guard Sector Buffalo 
              facilities.
Sec. 1313. Conveyance of Coast Guard vessels to Mississippi.
Sec. 1314. Coast Guard assets for United States Virgin Islands.
Sec. 1315. Officer requirements for distant water tuna vessels.
Sec. 1316. Assessment of needs for additional Coast Guard presence in 
              high latitude regions.
Sec. 1317. Study of regional response vessel and salvage capability for 
              Olympic Peninsula coast, Washington.
Sec. 1318. Study of bridges over navigable waters.
Sec. 1319. Limitation on jurisdiction of States to tax certain seamen.
Sec. 1320. Decommissioned Coast Guard vessels for Bermuda.
Sec. 1321. Conveyance of Coast Guard vessels to Nassau County, New 
              York.
Sec. 1322. Newtown Creek, New York City, New York.
Sec. 1323. Land conveyance, Coast Guard property in Marquette County, 
              Michigan, to the City of Marquette, Michigan.
Sec. 1324. Mission requirement analysis for navigable portions of the 
              Rio Grande River, Texas, international water boundary.
Sec. 1325. Conveyance of Coast Guard property in Cheboygan, Michigan.

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are authorized to be appropriated for fiscal year 
     2010 for necessary expenses of the Coast Guard as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $6,838,291,000, of which--
       (A) $24,500,000 is authorized to be derived from the Oil 
     Spill Liability Trust Fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5));
       (B) $1,110,923,000 shall be available only for paying for 
     search and rescue programs;
       (C) $802,423,000 shall be available only for paying for 
     marine safety programs; and
       (D) $2,274,312,000 shall be available only for paying for 
     ports, waterways, and coastal security.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $1,597,580,000, of which--
       (A) $20,000,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990, to remain 
     available until expended;
       (B) $1,194,780,000 is authorized for the Integrated 
     Deepwater System Program; and
       (C) $45,000,000 is authorized for shore facilities and aids 
     to navigation.
       (3) To the Commandant of the Coast Guard for research, 
     development, test, and evaluation of technologies, materials, 
     and human factors directly relating to improving the 
     performance of the Coast Guard's mission in search and 
     rescue, aids to navigation, marine safety, marine 
     environmental protection, enforcement of laws and treaties, 
     ice operations, oceanographic research, and defense 
     readiness, $29,745,000, to remain available until expended, 
     of which $500,000

[[Page 25504]]

     shall be derived from the Oil Spill Liability Trust Fund to 
     carry out the purposes of section 1012(a)(5) of the Oil 
     Pollution Act of 1990.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $1,361,245,000, 
     to remain available until expended.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $16,000,000.
       (6) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operation and maintenance), $13,198,000, to remain 
     available until expended.
       (7) For the Coast Guard Reserve program, including 
     personnel and training costs, equipment, and services, 
     $133,632,000.

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

       (a) Active Duty Strength.--The Coast Guard is authorized an 
     end-of-year strength for active duty personnel of 47,000 for 
     the fiscal year ending on September 30, 2010.
       (b) Military Training Student Loads.--For fiscal year 2010, 
     the Coast Guard is authorized average military training 
     student loads as follows:
       (1) For recruit and special training, 2,500 student years.
       (2) For flight training, 165 student years.
       (3) For professional training in military and civilian 
     institutions, 350 student years.
       (4) For officer acquisition, 1,200 student years.

                         TITLE II--COAST GUARD

     SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

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

     ``Sec. 153. Appointment of judges

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

``153. Appointment of judges.''.

     SEC. 202. INDUSTRIAL ACTIVITIES.

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

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

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

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

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

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

     SEC. 204. COMMISSIONED OFFICERS.

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

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

       ``(a) Maximum Total Number.--The total number of Coast 
     Guard commissioned officers on the active duty promotion 
     list, excluding warrant officers, shall not exceed 6,700; 
     except that the Commandant may temporarily increase that 
     number by up to 2 percent for no more than 60 days following 
     the date of the commissioning of a Coast Guard Academy class.
       ``(b) Distribution Percentages by Grade.--
       ``(1) Required.--The total number of commissioned officers 
     authorized by this section shall be distributed in grade in 
     the following percentages: 0.375 percent for rear admiral; 
     0.375 percent for rear admiral (lower half); 6.0 percent for 
     captain; 15.0 percent for commander; and 22.0 percent for 
     lieutenant commander.
       ``(2) Discretionary.--The Secretary shall prescribe the 
     percentages applicable to the grades of lieutenant, 
     lieutenant (junior grade), and ensign.
       ``(3) Authority of secretary to reduce percentage.--The 
     Secretary--
       ``(A) may reduce, as the needs of the Coast Guard require, 
     any of the percentages set forth in paragraph (1); and
       ``(B) shall apply that total percentage reduction to any 
     other lower grade or combination of lower grades.
       ``(c) Computations.--
       ``(1) In general.--The Secretary shall compute, at least 
     once each year, the total number of commissioned officers 
     authorized to serve in each grade by applying the grade 
     distribution percentages established by or under this section 
     to the total number of commissioned officers listed on the 
     current active duty promotion list.
       ``(2) Rounding fractions.--Subject to subsection (a), in 
     making the computations under paragraph (1), any fraction 
     shall be rounded to the nearest whole number.
       ``(3) Treatment of officers serving outside coast guard.--
     The number of commissioned officers on the active duty 
     promotion list below the rank of rear admiral (lower half) 
     serving with other Federal departments or agencies on a 
     reimbursable basis or excluded under section 324(d) of title 
     49 shall not be counted against the total number of 
     commissioned officers authorized to serve in each grade.
       ``(d) Use of Numbers; Temporary Increases.--The numbers 
     resulting from computations under subsection (c) shall be, 
     for all purposes, the authorized number in each grade; except 
     that the authorized number for a grade is temporarily 
     increased during the period between one computation and the 
     next by the number of officers originally appointed in that 
     grade during that period and the number of officers of that 
     grade for whom vacancies exist in the next higher grade but 
     whose promotion has been delayed for any reason.
       ``(e) Officers Serving Coast Guard Academy and Reserve.--
     The number of officers authorized to be serving on active 
     duty in each grade of the permanent commissioned teaching 
     staff of the Coast Guard Academy and of the Reserve serving 
     in connection with organizing, administering, recruiting, 
     instructing, or training the reserve components shall be 
     prescribed by the Secretary.''.
       (b) Clerical Amendment.--The analysis for chapter 3 of such 
     title is amended by striking the item relating to section 42 
     and inserting the following:

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

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

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

     SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

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

     SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY.

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

     ``Sec. 426. Emergency leave retention authority

       ``With regard to a member of the Coast Guard who serves on 
     active duty, a duty assignment in support of a declaration of 
     a major disaster or emergency by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) shall be treated, for the 
     purpose of section 701(f)(2) of title 10, a duty assignment 
     in support of a contingency operation.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by inserting after the

[[Page 25505]]

     item relating to section 425 the following new item:

``426. Emergency leave retention authority.''.

     SEC. 208. ENFORCEMENT AUTHORITY.

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

     ``Sec. 99. Enforcement authority

       ``Subject to guidelines approved by the Secretary, members 
     of the Coast Guard, in the performance of official duties, 
     may--
       ``(1) carry a firearm; and
       ``(2) while at a facility (as defined in section 70101 of 
     title 46)--
       ``(A) make an arrest without warrant for any offense 
     against the United States committed in their presence; and
       ``(B) seize property as otherwise provided by law.''.
       (b) Conforming Repeal.--The first section added to title 
     46, United States Code, by the amendment made by subsection 
     (a) of section 801 of the Coast Guard and Maritime 
     Transportation Act of 2004 (118 Stat. 1078), and the item 
     relating to such first section enacted by the amendment made 
     by subsection (b) of such section 801, are repealed.
       (c) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``99. Enforcement authority.''.

     SEC. 209. REPEAL.

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

     SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.

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

     ``Sec. 7115. Merchant Mariner Medical Advisory Committee

       ``(a) Establishment.--
       ``(1) In general.--There is established a Merchant Mariner 
     Medical Advisory Committee (in this section referred to as 
     the `Committee').
       ``(2) Functions.--The Committee shall advise the Secretary 
     on matters relating to--
       ``(A) medical certification determinations for issuance of 
     merchant mariner credentials;
       ``(B) medical standards and guidelines for the physical 
     qualifications of operators of commercial vessels;
       ``(C) medical examiner education; and
       ``(D) medical research.
       ``(b) Membership.--
       ``(1) In general.--The Committee shall consist of 14 
     members, none of whom is a Federal employee, and shall 
     include--
       ``(A) ten who are health-care professionals with particular 
     expertise, knowledge, or experience regarding the medical 
     examinations of merchant mariners or occupational medicine; 
     and
       ``(B) four who are professional mariners with knowledge and 
     experience in mariner occupational requirements.
       ``(2) Status of members.--Members of the Committee shall 
     not be considered Federal employees or otherwise in the 
     service or the employment of the Federal Government, except 
     that members shall be considered special Government 
     employees, as defined in section 202(a) of title 18, United 
     States Code, and shall be subject to any administrative 
     standards of conduct applicable to the employees of the 
     department in which the Coast Guard is operating.
       ``(c) Appointments; Terms; Vacancies.--
       ``(1) Appointments.--The Secretary shall appoint the 
     members of the Committee, and each member shall serve at the 
     pleasure of the Secretary.
       ``(2) Terms.--Each member shall be appointed for a term of 
     three years, except that, of the members first appointed, 
     three members shall be appointed for a term of two years and 
     three members shall be appointed for a term of one year.
       ``(3) Vacancies.--Any member appointed to fill the vacancy 
     prior to the expiration of the term for which that member's 
     predecessor was appointed shall be appointed for the 
     remainder of that term.
       ``(d) Chairman and Vice Chairman.--The Secretary shall 
     designate one member of the Committee as the Chairman and one 
     member as the Vice Chairman. The Vice Chairman shall act as 
     Chairman in the absence or incapacity of, or in the event of 
     a vacancy in the office of, the Chairman.
       ``(e) Compensation; Reimbursement.--Members of the 
     Committee shall serve without compensation, except that, 
     while engaged in the performance of duties away from their 
     homes or regular places of business of the member, the member 
     of the Committee may be allowed travel expenses, including 
     per diem in lieu of subsistence, as authorized by section 
     5703 of title 5.
       ``(f) Staff; Services.--The Secretary shall furnish to the 
     Committee the personnel and services as are considered 
     necessary for the conduct of its business.''.
       (b) First Meeting.--No later than six months after the date 
     of enactment of this Act, the Merchant Mariner Medical 
     Advisory Committee established by the amendment made by this 
     section shall hold its first meeting.
       (c) Clerical Amendment.--The analysis for chapter 71 of 
     that title is amended by adding at the end the following:

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

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

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

     SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

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

     SEC. 213. LASER TRAINING SYSTEM.

       (a) In General.--Within one year after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard shall test an integrated laser 
     engagement system for the training of members of the Coast 
     Guard assigned to small vessels in the use of individual 
     weapons and machine guns on those vessels. The test shall be 
     conducted on vessels on the Great Lakes using similar laser 
     equipment used by other Federal agencies. However, that 
     equipment shall be adapted for use in the marine environment.
       (b) Report.--The Secretary shall submit a report to the 
     Committee on Transportation and Infrastructure and the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate within 6 months after the 
     conclusions of the test required under subsection (a) on the 
     costs and benefits of using the system regionally and 
     nationwide to train members of the Coast Guard in the use of 
     individual weapons and machine guns.

     SEC. 214. COAST GUARD VESSELS AND AIRCRAFT.

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

     SEC. 215. COAST GUARD DISTRICT OMBUDSMEN.

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

     ``Sec. 55. District Ombudsmen

       ``(a) In General.--The Commandant shall appoint an employee 
     of the Coast Guard in each Coast Guard District as a District 
     Ombudsman to serve as a liaison between ports, terminal 
     operators, shipowners, and labor representatives and the 
     Coast Guard.
       ``(b) Purpose.--The purpose of the District Ombudsman shall 
     be the following:
       ``(1) To support the operations of the Coast Guard in each 
     port in the District for which the District Ombudsman is 
     appointed.
       ``(2) To improve communications between and among port 
     stakeholders including, port and

[[Page 25506]]

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

``55. District Ombudsmen.''.

     SEC. 216. COAST GUARD COMMISSIONED OFFICERS: COMPULSORY 
                   RETIREMENT.

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

     ``Sec. 293. Compulsory retirement

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

``293. Compulsory retirement.''.

     SEC. 217. ENFORCEMENT OF COASTWISE TRADE LAWS.

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

     ``Sec. 100. Enforcement of coastwise trade laws

       ``Officers and members of the Coast Guard are authorized to 
     enforce chapter 551 of title 46. The Secretary shall 
     establish a program for these officers and members to enforce 
     that chapter, including the application of those laws to 
     vessels that support the exploration, development, and 
     production of oil, gas, or mineral resources in the Gulf of 
     Mexico.''.
       (b) Clerical Amendment.--The analysis for that chapter is 
     further amended by adding at the end the following new item:

``100. Enforcement of coastwise trade laws.''.

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

     SEC. 218. ACADEMY NOMINATIONS.

       (a) Appointment.--Section 182(a) of title 14, United States 
     Code, is amended to read as follows:
       ``(a) Corps of Cadets; Number; Nomination.--
       ``(1) The authorized strength of the Corps of Cadets 
     (determined for any academic program year as of the day 
     before the last day of the academic program year) is 1,000, 
     excluding those foreign nationals admitted for instructions 
     pursuant to section 195. Subject to that limitation, cadets 
     are selected as follows:
       ``(A) Not more than 10 individuals, appointed by the 
     Secretary of Homeland Security, in order of merit as 
     established by competitive examination, from the children of 
     members of the Armed Forces who were killed in action or died 
     of, or have a service-connected disability at not less than 
     100 per centum resulting from, wounds or injuries received or 
     diseases contracted in, or preexisting injury or disease 
     aggravated by, active service, children of members who are in 
     a `missing status' (as defined in section 551(2) of title 
     37), and children of civilian employees who are in `missing 
     status' (as defined in section 5561(5) of title 5). The 
     determination of the Department of Veterans Affairs as to 
     service connection of the cause of death or disability is 
     rated, is binding upon the Secretary.
       ``(B) Not less than one, nominated at large by the Vice 
     President or, if there is no Vice President, by the President 
     pro tempore of the Senate.
       ``(C) Not less than one, nominated by each Senator.
       ``(D) Not less than one, nominated by each Representative 
     in Congress.
       ``(E) Not less than one, nominated by the Delegate to the 
     House of Representatives from the District of Columbia, the 
     Delegate in Congress from the Virgin Islands, the Resident 
     Commissioner from Puerto Rico, the Delegate in Congress from 
     Guam, the Delegate in Congress from American Samoa, or the 
     Resident Representative from the Commonwealth of the Northern 
     Mariana Islands.

     Each Senator, Representative, and Delegate in Congress, 
     including the Resident Commissioner and the Resident 
     Representative, is entitled to nominate 10 persons each year. 
     Cadets who do not graduate on time shall not count against 
     the allocations pursuant to subparagraphs (B)-(E). Nominees 
     may be submitted without ranking or with a principal 
     candidate and 9 ranked or unranked alternates. A nominee not 
     selected for appointment under this paragraph shall be 
     considered an alternate for the purposes of appointment under 
     paragraph (2).
       ``(2) The Secretary may appoint, each academic program 
     year, individuals who are either--
       ``(A) alternates nominated pursuant to paragraph (1) (C), 
     (D), or (E); or
       ``(B) applicants who applied directly for admission.
       ``(3) In addition, the Secretary may appoint, each academic 
     program year, individuals who are--
       ``(A) children of members of the Armed Forces who--
       ``(i) are on active duty (other than for training) and who 
     have served continuously on active duty for at least eight 
     years;
       ``(ii) are, or who died while they were, retired with pay 
     or granted retired or retainer pay;
       ``(iii) are serving as members of reserve components and 
     are credited with at least eight years of service;
       ``(iv) would be, or who died while they would have been, 
     entitled to retired pay, except for not having attained 60 
     years of age; or
       ``(v) have been awarded the Medal of Honor;

     the total number of whom cannot exceed 5 percent of the class 
     to be admitted; however, a person who is eligible for 
     selection under subsection (a)(1)(A) may not be selected 
     under this subparagraph;
       ``(B) enlisted members of the Coast Guard or the Coast 
     Guard Reserve, the total number of whom cannot exceed 5 
     percent of the class to be admitted;
       ``(C) graduates of the Coast Guard Scholars program, the 
     total number of whom cannot exceed 30 percent of the class to 
     be admitted; and
       ``(D) individuals who possess qualities that the 
     Superintendent identifies to be of particular value to the 
     Academy and the Service, the total number of whom cannot 
     exceed 20 percent of the class to be admitted.
       ``(4) An individual shall be qualified for nomination, 
     selection, and appointment as a cadet at the Academy only if 
     the individual--
       ``(A) is a citizen or national of the United States; and
       ``(B) meets such minimum requirements that the Secretary 
     may establish.
       ``(5) The Superintendent shall furnish to any Member of 
     Congress, upon the written request of such Member, the name 
     of the Congressman or other nominating authority responsible 
     for the nomination of any named or identified person for 
     appointment to the Academy.
       ``(6) For purposes of the limitation in subsection (a)(1) 
     establishing the aggregate authorized strength of the Corps 
     of Cadets, the Secretary may, for any academic program year, 
     permit a variance in that limitation by not more

[[Page 25507]]

     than 5 percent. In applying that limitation, and any such 
     variance, the last day of an academic program year shall be 
     considered to be graduation day.''.
       (b) Transition.--This section shall provide for the 
     nomination, selection, and appointment of individuals, 
     pursuant to section 182 of title 14, United States Code, who 
     will matriculate in academic program year 2012 and 
     thereafter, except that for--
       (1) academic program year 2012, no less than 135 cadets of 
     the corps (or 14 percent of the corps, whichever is smaller) 
     shall be from nominations made pursuant to section 
     182(a)(1)(B)-(E);
       (2) academic program year 2013, no less than 270 cadets of 
     the corps (or 27 percent of the corps, whichever is smaller) 
     shall be from nominations made pursuant to section 
     182(a)(1)(B)-(E); and
       (3) academic program year 2014, no less than 405 cadets of 
     the corps (or 41 percent of the corps, which ever is smaller) 
     shall be from nominations made pursuant to section 
     182(a)(1)(B)-(E).

     The Secretary is hereby authorized to take any additional 
     action the Secretary believes necessary and proper to provide 
     for the transition to the nomination, selection, and 
     appointment process provided under this section.
       (c)  Minority Recruiting Program.--
       (1) In general.--Chapter 9 of title 14, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 199. Minority recruiting program

       ``The Secretary of the department in which the Coast Guard 
     is operating shall establish a minority recruiting program 
     for prospective cadets at the Coast Guard Academy. The 
     program may include--
       ``(1) use of minority cadets and officers to provide 
     information regarding the Coast Guard and the Academy to 
     students in high schools;
       ``(2) sponsoring of trips to high school teachers and 
     guidance counselors to the Academy;
       ``(3) to the extent authorized by the Secretary of the 
     Navy, maximizing the use of the Naval Academy Preparatory 
     School to prepare students to be cadets at the Coast Guard 
     Academy;
       ``(4) recruiting minority members of the Coast Guard to 
     attend the Academy;
       ``(5) establishment of a minority affairs office at the 
     Academy; and
       ``(6) use of minority officers and members of the Coast 
     Guard Reserve and Auxiliary to promote the Academy.''.
       (2) Clerical amendment.--The table of sections for that 
     chapter is amended by adding at the end the following new 
     item:

``199. Minority recruiting program.''.

     SEC. 219. REPORT ON SEXUAL ASSAULTS IN THE COAST GUARD.

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

     SEC. 220. HOME PORT OF COAST GUARD VESSELS IN GUAM.

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

     SEC. 221. MINORITY SERVING INSTITUTIONS.

       (a) MSI Management Internship Program.--
       (1) Establishment and purpose.--The Commandant of the Coast 
     Guard shall establish a two part management internship 
     program for students at minority serving institutions (MSI) 
     to intern at Coast Guard headquarters or a Coast Guard 
     regional office, to be known as the ``MSI Management 
     Internship Program'', to develop a cadre of civilian, career 
     mid-level and senior managers for the Coast Guard.
       (2) Operation.--The MSI Management Internship Program shall 
     be managed by the Secretary of Homeland Security, acting 
     through the Commandant of the Coast Guard, in coordination 
     with National Association for Equal Opportunity in Higher 
     Education, the Hispanic Association of Colleges and 
     Universities, and the American Indian Higher Education 
     Consortium and other non-profit educational organizations 
     that can undertake effective recruitment efforts to attract 
     minority students and students with disabilities.
       (3) Criteria for selection.--Participation in the MSI 
     Management Internship Program shall be open to sophomores, 
     juniors, and seniors at minority serving institutions, with 
     an emphasis on such students who are majoring in management 
     or business administration, international affairs, political 
     science, marine sciences, criminal justice, or any other 
     major related to homeland security.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated $2,000,000 to the Commandant to carry out 
     this subsection.
       (b) MSI Initiatives.--
       (1) Establishment of msi student pre-commissioning 
     initiative.--The Commandant of the Coast Guard shall 
     establish an MSI component of the College Student Pre-
     Commissioning Initiative (to be known as the ``MSI Student 
     Pre-Commissioning Initiative Program'') to ensure greater 
     participation by students from MSIs in the College Student 
     Pre-Commissioning Initiative.
       (2) Participation in officer candidate school.--The 
     Commandant of the Coast Guard shall ensure that graduates of 
     the MSI Student Pre-Commissioning Initiative Program are 
     included in the first enrollment for Officer Candidate School 
     that commences after the date of enactment of this Act and 
     each enrollment period thereafter.
       (3) Reports.--Not later than 90 days after the conclusion 
     of each academic year with respect to which the College 
     Student Pre-Commissioning Initiative and the MSI Student Pre-
     Commissioning Initiative Program is carried out beginning 
     with the first full academic year after the date of the 
     enactment of this Act, the Commandant shall submit to the 
     Committee on Transportation and Infrastructure and the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce of the Senate a 
     report on the number of students in the College Student Pre-
     Commissioning Initiative and the number of students in the 
     MSI Student Pre-Commissioning Initiative Program, outreach 
     efforts, and demographic information of enrollees including, 
     age, gender, race, and disability.
       (4) Establishment of msi aviation officer corps 
     initiative.--The Commandant of the Coast Guard shall 
     establish an MSI Aviation Officer Corps Initiative to 
     increase the diversity of the Coast Guard Aviation Officer 
     Corps through an integrated recruiting, accession, training, 
     and assignment process that offers guaranteed flight school 
     opportunities to students from minority serving institutions.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated $3,000,000 to the Commandant to carry out 
     this subsection.
       (c) Coast Guard-MSI Cooperative Technology Program.--
       (1) Establishment.--The Commandant of the Coast Guard shall 
     establish a Coast Guard Laboratory of Excellence-MSI 
     Cooperative Technology Program at three minority serving 
     institutions to focus on priority security areas for the 
     Coast Guard, such as global maritime surveillance, 
     resilience, and recovery.
       (2) Collaboration.--The Commandant shall encourage 
     collaboration among the minority serving institutions 
     selected under paragraph (1) and institutions of higher 
     education with institutional research and academic program 
     resources and experience.
       (3) Partnerships.--The heads of the laboratories 
     established at the minority serving institutions pursuant to 
     paragraph (1) may seek to establish partnerships with the 
     private sector, especially small, disadvantaged businesses, 
     to--
       (A) develop increased research and development capacity;
       (B) increase the number of baccalaureate and graduate 
     degree holders in science, technology, engineering, 
     mathematics (STEM), and information technology or other 
     fields critical to the mission of the Coast Guard; and
       (C) strengthen instructional ability among faculty.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated $2,500,000 to the Commandant to carry out 
     this subsection, including for instrumentation acquisition 
     and funding undergraduate student scholarships, graduate 
     fellowships, and faculty-post doctoral study.
       (d) Definition.--For purposes of this section, the terms 
     ``minority serving institution'', ``minority serving 
     institutions'', and ``MSI'' mean a historically Black college 
     or university (as defined in section 322 of the Higher 
     Education Act of 1965), a Hispanic-serving institution (as 
     defined in section 502 of such Act), a Tribal College or 
     University (as defined in section 316 of such Act), a 
     Predominantly Black institution (as defined in section 
     499A(c) of such Act), or a Native American-serving nontribal 
     institution (as defined in section 499A(c) of such Act).

                   TITLE III--SHIPPING AND NAVIGATION

     SEC. 301. GOODS AND SERVICES.

       Section 4(b) of the Act of July 5, 1884, commonly known as 
     the Rivers and Harbors Appropriation Act of 1884 (33 U.S.C. 
     5(b)), is amended--
       (1) by striking ``or'' at the end of paragraph (2)(C);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(4) sales taxes on goods and services provided to or by 
     vessels or watercraft (other than vessels or watercraft 
     primarily engaged in foreign commerce).''.

     SEC. 302. SEAWARD EXTENSION OF ANCHORAGE GROUNDS 
                   JURISDICTION.

       Section 7 of the Rivers and Harbors Appropriations Act of 
     1915 (33 U.S.C. 471) is amended--

[[Page 25508]]

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

     SEC. 303. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE 
                   POSSESSION.

       Section 70506 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(c) Simple Possession.--
       ``(1) In general.--Any individual on a vessel subject to 
     the jurisdiction of the United States who is found by the 
     Secretary, after notice and an opportunity for a hearing, to 
     have knowingly or intentionally possessed a controlled 
     substance within the meaning of the Controlled Substances Act 
     (21 U.S.C. 812) shall be liable to the United States for a 
     civil penalty of not to exceed $10,000 for each violation. 
     The Secretary shall notify the individual in writing of the 
     amount of the civil penalty.
       ``(2) Determination of amount.--In determining the amount 
     of the penalty, the Secretary shall consider the nature, 
     circumstances, extent, and gravity of the prohibited acts 
     committed and, with respect to the violator, the degree of 
     culpability, any history of prior offenses, ability to pay, 
     and other matters that justice requires.
       ``(3) Treatment of civil penalty assessment.--Assessment of 
     a civil penalty under this subsection shall not be considered 
     a conviction for purposes of State or Federal law but may be 
     considered proof of possession if such a determination is 
     relevant.''.

     SEC. 304. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

       (a) Definitions.--Section 14101(4) of title 46, United 
     States Code, is amended--
       (1) by striking ``engaged'' the first place it appears and 
     inserting ``that engages'';
       (2) in subparagraph (A), by striking ``arriving'' and 
     inserting ``that arrives'';
       (3) in subparagraph (B)--
       (A) by striking ``making'' and inserting ``that makes''; 
     and
       (B) by striking ``(except a foreign vessel engaged on that 
     voyage)'';
       (4) in subparagraph (C), by striking ``departing'' and 
     inserting ``that departs''; and
       (5) in subparagraph (D), by striking ``making'' and 
     inserting ``that makes''.
       (b) Delegation of Authority.--Section 14103(c) of that 
     title is amended by striking ``intended to be engaged on'' 
     and inserting ``that engages on''.
       (c) Application.--Section 14301 of that title is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Except as otherwise provided in this section, this 
     chapter applies to any vessel for which the application of an 
     international agreement or other law of the United States to 
     the vessel depends on the vessel's tonnage.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking the period at the end and 
     inserting ``, unless the government of the country to which 
     the vessel belongs elects to measure the vessel under this 
     chapter.'';
       (B) in paragraph (3), by inserting ``of United States or 
     Canadian registry or nationality, or a vessel operated under 
     the authority of the United States or Canada, and that is'' 
     after ``vessel'';
       (C) in paragraph (4), by striking ``a vessel (except a 
     vessel engaged'' and inserting ``a vessel of United States 
     registry or nationality, or one operated under the authority 
     of the United States (except a vessel that engages'';
       (D) by striking paragraph (5);
       (E) by redesignating paragraph (6) as paragraph (5); and
       (F) by amending paragraph (5), as so redesignated, to read 
     as follows:
       ``(5) a barge of United States registry or nationality, or 
     a barge operated under the authority of the United States 
     (except a barge that engages on a foreign voyage) unless the 
     owner requests.'';
       (3) by striking subsection (c);
       (4) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively; and
       (5) in subsection (c), as redesignated, by striking ``After 
     July 18, 1994, an existing vessel (except an existing vessel 
     referred to in subsection (b)(5)(A) or (B) of this section)'' 
     and inserting ``An existing vessel that has not undergone a 
     change that the Secretary finds substantially affects the 
     vessel's gross tonnage (or a vessel to which IMO Resolutions 
     A.494 (XII) of November 19, 1981, A.540 (XIII) of November 
     17, 1983, or A.541 (XIII) of November 17, 1983, apply)''.
       (d) Measurement.--Section 14302(b) of that title is amended 
     to read as follows:
       ``(b) A vessel measured under this chapter may not be 
     required to be measured under another law.''.
       (e) Tonnage Certificate.--
       (1) Issuance.--Section 14303 of title 46, United States 
     Code, is amended--
       (A) in subsection (a), by adding at the end the following: 
     ``For a vessel to which the Convention does not apply, the 
     Secretary shall prescribe a certificate to be issued as 
     evidence of a vessel's measurement under this chapter.'';
       (B) in subsection (b), by inserting ``issued under this 
     section'' after ``certificate''; and
       (C) in the section heading by striking ``International'' 
     and ``(1969)''.
       (2) Maintenance.--Section 14503 of that title is amended--
       (A) by designating the existing text as subsection (a); and
       (B) by adding at the end the following new subsection:
       ``(b) The certificate shall be maintained as required by 
     the Secretary.''.
       (3) Clerical amendment.--The analysis at the beginning of 
     chapter 143 of that title is amended by striking the item 
     relating to section 14303 and inserting the following:

``14303. Tonnage Certificate.''.

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

     ``Sec. 14514. Reciprocity for foreign vessels

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

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

     SEC. 305. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL GAS 
                   DEEPWATER PORTS.

       Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2704(d)(2)) is amended by adding at the end the 
     following:
       ``(D) The Secretary may establish, by regulation, a limit 
     of liability of not less than $12,000,000 for a deepwater 
     port used only in connection with transportation of natural 
     gas.''.

     SEC. 306. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST OIL SPILL 
                   LIABILITY TRUST FUND.

       Section 1012(h)(1) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(h)(1)) is amended by striking ``6'' and inserting 
     ``3''.

     SEC. 307. MERCHANT MARINER DOCUMENT STANDARDS.

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

     SEC. 308. REPORT ON COAST GUARD DETERMINATIONS.

       Not later than 180 days after enactment of this Act, the 
     Secretary of Homeland Security shall provide to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the loss of United 
     States shipyard jobs and industrial base expertise as a 
     result of rebuild, conversion, and double-hull work on United 
     States-flag vessels eligible to engage in the coastwise trade 
     being performed in foreign shipyards, enforcement of the 
     Coast Guard's foreign rebuild determination regulations, and 
     recommendations for improving the transparency in the Coast 
     Guard's foreign rebuild determination process.

[[Page 25509]]



     SEC. 309. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION 
                   PROJECT.

       (a) Study.--The Commandant of the Coast Guard shall conduct 
     a study--
       (1) on the methods and best practices of the use of exhaust 
     emissions reduction technology on cargo or passenger ships 
     that operate in United States waters and ports; and
       (2) that identifies the Federal, State, and local laws, 
     regulations, and other requirements that affect the ability 
     of any entity to effectively demonstrate onboard technology 
     for the reduction of contaminated emissions from ships.
       (b) Report.--Within 180 days after the date of enactment of 
     this Act, the Commandant shall submit a report on the results 
     of the study conducted under subsection (a) to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.

     SEC. 310. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS 
                   DEVELOPMENT.

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

     SEC. 311. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION.

       (a) Purpose.--The purpose of this section is to ensure 
     safe, secure, and reliable maritime shipping in the Arctic 
     including the availability of aids to navigation, vessel 
     escorts, spill response capability, and maritime search and 
     rescue in the Arctic.
       (b) International Maritime Organization Agreements.--To 
     carry out the purpose of this section, the Secretary of the 
     department in which the Coast Guard is operating shall work 
     through the International Maritime Organization to establish 
     agreements to promote coordinated action among the United 
     States, Russia, Canada, Iceland, Norway, and Denmark and 
     other seafaring and Arctic nations to ensure, in the Arctic--
       (1) placement and maintenance of aids to navigation;
       (2) appropriate icebreaking escort, tug, and salvage 
     capabilities;
       (3) oil spill prevention and response capability;
       (4) maritime domain awareness, including long-range vessel 
     tracking; and
       (5) search and rescue.
       (c) Coordination by Committee on the Maritime 
     Transportation System.--The Committee on the Maritime 
     Transportation System established under a directive of the 
     President in the Ocean Action Plan, issued December 17, 2004, 
     shall coordinate the establishment of domestic transportation 
     policies in the Arctic necessary to carry out the purpose of 
     this section.
       (d) Agreements and Contracts.--The Secretary of the 
     department in which the Coast Guard is operating may, subject 
     to the availability of appropriations, enter into cooperative 
     agreements, contracts, or other agreements with, or make 
     grants to individuals and governments to carry out the 
     purpose of this section or any agreements established under 
     subsection (b).
       (e) Icebreaking.--The Secretary of the department in which 
     the Coast Guard is operating shall promote safe maritime 
     navigation by means of icebreaking where needed to assure the 
     reasonable demands of commerce.
       (f) Demonstration Projects.--The Secretary of 
     Transportation may enter into cooperative agreements, 
     contracts, or other agreements with, or make grants to, 
     individuals to conduct demonstration projects to reduce 
     emissions or discharges from vessels operating in the Arctic.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) to the Secretary of the department in which the Coast 
     Guard is operating--
       (A) $5,000,000 for each of fiscal years 2011 through 2015 
     for seasonal operations in the Arctic; and
       (B) $10,000,000 for each of fiscal years 2012 through 2015 
     to carry out agreements established under subsection (d); and
       (2) to the Secretary of Transportation $5,000,000 for each 
     of fiscal years 2011 through 2015 to conduct demonstration 
     projects under subsection (f).
       (h) Icebreakers.--
       (1) Analyses.--Not later than 90 days after the date of 
     enactment of this Act or the date of completion of the 
     ongoing High Latitude Study to assess Arctic polar ice-
     breaking mission requirements, which ever occurs later, the 
     Commandant of the Coast Guard shall--
       (A) conduct a comparative cost-benefit analysis of--
       (i) rebuilding, renovating, or improving the existing fleet 
     of icebreakers for operation by the Coast Guard,
       (ii) constructing new icebreakers for operation by the 
     Coast Guard, and
       (iii) any combination of the activities described in 
     clauses (i) and (ii), to carry out the missions of the Coast 
     Guard; and
       (B) conduct an analysis of the impact on mission capacity 
     and the ability of the United States to maintain a presence 
     in the Arctic regions through the year 2020 if 
     recapitalization of the icebreaker fleet, either by 
     constructing new icebreakers or rebuilding, renovating, or 
     improving the existing fleet of icebreakers, is not fully 
     funded.
       (2) Reports to congress.--
       (A) Not later than 90 days after the date of enactment of 
     this Act or the date of completion of the ongoing High 
     Latitude Study to assess Arctic ice-breaking mission 
     requirements, which ever occurs later, the Commandant of the 
     Coast Guard shall submit a report containing the results of 
     the study, together with recommendations the Commandant deems 
     appropriate under section 93(a)(24) of title 14, United 
     States Code, to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure.
       (B) Not later than 1 year after the date of enactment of 
     this Act, the Commandant shall submit reports containing the 
     results of the analyses required under subparagraphs (A) and 
     (B) of paragraph (1), together with recommendations the 
     Commandant deems appropriate under section 93(a)(24) of title 
     14, United States Code, to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure.
       (i) Arctic Definition.--In this section the term ``Arctic'' 
     has the same meaning as in section 112 of the Arctic Research 
     and Policy Act of 1984 (15 U.S.C. 4111).

     SEC. 312. SUPPLEMENTAL POSITIONING SYSTEM.

       (a) Findings.--The Congress finds the following:
       (1) In August 2006, the Department of Transportation and 
     Department of Homeland Security sponsored the formation of an 
     Independent Assessment Team to review the need for enhanced 
     Loran (eLORAN) as a supplement to the Global Positioning 
     System (GPS).
       (2) In December 2006, the Independent Assessment Team 
     unanimously recommended that eLORAN be completed and retained 
     as the national backup system for critical safety of life, 
     national and economic security, and quality of life 
     applications currently that are reliant on position, time, or 
     frequency from GPS.
       (3) Based on the Independent Assessment Team report, the 
     Department of Transportation and Department of Homeland 
     Security jointly recommended in March 2007 that eLORAN be the 
     national backup for GPS.
       (4) The Department of Homeland Security formally announced 
     on February 7, 2008, its intention to implement eLORAN as a 
     national positioning, navigation, and timing system to 
     complement the GPS in the even of an outage or disruption in 
     service.
       (5) A recent outage of GPS services in California due to an 
     unintentional jamming incident resulted in the shutdown of 
     the Coast Guard's maritime Differential Global Positions 
     System program and the Automatic Identification System, 
     caused disruption to vessel and aircraft operations, and 
     severely degraded transmissions at over 150 cell phone base 
     stations.
       (6) In January 2009, the Independent Assessment Team 
     reiterated its unanimous recommendation that the Federal 
     Government commit to operating the eLORAN system as a backup 
     to GPS for not less than a 20-year period.
       (b) Required Actions.--The Secretary of the department in 
     which the Coast Guard is operating--
       (1) shall establish eLORAN as the supplemental navigation 
     system for the United States;

[[Page 25510]]

       (2) shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate--
       (A) a plan for modernizing the remaining LORAN-C stations;
       (B) a timeline for the completion of such modernization; 
     and
       (C) a comprehensive estimate of the costs associated with 
     modernizing LORAN-C infrastructure to meet eLORAN 
     specifications; and
       (3) may not take action to terminate or decommission the 
     LORAN-C program until 30 days after the Secretary certifies 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate that the eLORAN 
     system is operational.

     SEC. 313. DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN 
                   PRINCE WILLIAM SOUND, ALASKA.

       (a) In General.--Section 4116(c) of the Oil Pollution Act 
     of 1990 (46 U.S.C. 3703 note; Public Law 101-380) is 
     amended--
       (1) by striking ``Not later than 6 months'' and inserting 
     the following:
       ``(1) In general.--Not later than 180 days''; and
       (2) by adding at the end the following:
       ``(2) Prince william sound, alaska.--
       ``(A) In general.--The requirement in paragraph (1) 
     relating to single hulled tankers in Prince William Sound, 
     Alaska, described in that paragraph being escorted by at 
     least 2 towing vessels or other vessels considered to be 
     appropriate by the Secretary (including regulations 
     promulgated in accordance with section 3703(a)(3) of title 
     46, United States Code, as set forth in part 168 of title 33, 
     Code of Federal Regulations (as in effect on March 1, 2009), 
     implementing this subsection with respect to those tankers) 
     shall apply to double hulled tankers over 5,000 gross tons 
     transporting oil in bulk in Prince William Sound, Alaska.
       ``(B) Implementation of requirements.--The Secretary of the 
     Federal agency with jurisdiction over the Coast Guard shall 
     carry out subparagraph (A) by order without notice and 
     hearing pursuant to section 553 of title 5, United States 
     Code.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on the date that is 90 days after the date of 
     enactment of this Act.

                    TITLE IV--GREAT LAKES ICEBREAKER

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Great Lakes Icebreaker 
     Replacement Act''.

     SEC. 402. FINDINGS.

       Congress finds that--
       (1) five of the Coast Guard's Great Lakes icebreakers are 
     nearing the end of their useful lives;
       (2) two other Coast Guard icebreaking assets have 
     experienced difficulty in heavy ice conditions;
       (3) during the spring of 2008, United States-flag vessels 
     operating on the Great Lakes suffered more than $1,300,000 in 
     damages to their hulls because the Coast Guard did not have 
     enough assets available to keep Great Lakes shipping lanes 
     open;
       (4) during the 2006-2007 ice season, shipments of iron ore, 
     coal, and limestone on the Great Lakes exceeded 20,000,000 
     tons;
       (5) during the 2006-2007 ice season, the transportation of 
     10,400,000 tons of iron ore on the Great Lakes helped support 
     100,000 jobs at steel mills and 300,000 jobs at supplier 
     industries by keeping those industries working during the 
     winter season; and
       (6) the 6,400,000 tons of coal shipped on the Great Lakes 
     during the 2006-2007 ice season kept the Great Lakes region 
     supplied with electricity.

     SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $153,000,000 for 
     necessary expenses of the Coast Guard for the design, 
     acquisition, and construction of a combined buoy tender-
     icebreaker to replace icebreaking capacity on the Great 
     Lakes, to remain available until expended.

                      TITLE V--ACQUISITION REFORM

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Coast Guard Acquisition 
     Reform Act of 2009''.

     SEC. 502. DEFINITIONS.

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

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

       (ii) because such acquisition is a joint acquisition.
       (4) Level 2 acquisition.--The term ``Level 2 acquisition'' 
     means an acquisition by the Coast Guard--
       (A) the estimated life-cycle costs of which are equal to or 
     less than $1,000,000,000, but greater than $300,000,000; or
       (B) the estimated total acquisition costs of which are 
     equal to or less than $300,000,0000, but greater than 
     $100,000,000.
       (5) Life-cycle cost.--The term ``life-cycle cost'' means 
     all costs for development, procurement, construction, and 
     operations and support for a particular capability or asset, 
     without regard to funding source or management control.

    Subtitle A--Restrictions on the Use of Lead Systems Integrators

     SEC. 511. PROCUREMENT STRUCTURE.

       (a) In General.--
       (1) Use of lead systems integrator.--Except as provided in 
     subsection (b), the Commandant may not use a private sector 
     entity as a lead systems integrator for an acquisition 
     contract awarded or delivery order or task order issued after 
     the end of the 180-day period beginning on the date of 
     enactment of this Act.
       (2) Full and open competition.--The Commandant and any lead 
     systems integrator engaged by the Coast Guard shall use full 
     and open competition for any acquisition contract awarded 
     after the date of enactment of this Act, unless otherwise 
     excepted in accordance with Federal acquisition laws and 
     regulations promulgated under those laws, including the 
     Federal Acquisition Regulation.
       (3) No effect on small business act.--Nothing in this 
     subsection shall be construed to supersede or otherwise 
     affect the authorities provided by and under the Small 
     Business Act (15 U.S.C. 631 et seq.).
       (b) Exceptions.--
       (1) National distress and response system modernization 
     program; national security cutters 2 and 3.--Notwithstanding 
     subsections (a) and (e), the Commandant may use a private 
     sector entity as a lead systems integrator for the Coast 
     Guard to complete the National Distress and Response System 
     Modernization Program (otherwise known as the ``Rescue 21'' 
     program) and National Security Cutters 2 and 3.
       (2) Completion of acquisition by lead systems integrator.--
     Notwithstanding subsection (a), the Commandant may use a 
     private sector entity as a lead systems integrator for the 
     Coast Guard--
       (A) to complete any delivery order or task order, including 
     the exercise of previously established options on a delivery 
     order or task order that was issued to a lead systems 
     integrator on or before the date that is 180 days after the 
     date of enactment of this Act without any change in the 
     quantity of capabilities or assets or the specific type of 
     capabilities or assets covered by the order;
       (B) for a contract awarded after the date that is 180 days 
     after the date of enactment of this Act for acquisition of, 
     or in support of, the HC-130J aircraft, the HH-65 aircraft, 
     or the C4ISR system, if the requirements of subsection (c) 
     are met with respect to such acquisitions;
       (C) for a contract awarded after the date that is 180 days 
     after the date of enactment of this Act for acquisition of, 
     or in support of, Maritime Patrol Aircraft, if the 
     requirements of subsection (c) are met with respect to such 
     an acquisition; and
       (D) for the acquisition of, or in support of, additional 
     National Security Cutters or Maritime Patrol Aircraft, if the 
     Commandant determines that--
       (i) the acquisition is in accordance with Federal 
     acquisition laws and regulations promulgated under those 
     laws, including the Federal Acquisition Regulation;
       (ii) the acquisition and the use of a private sector entity 
     as a lead systems integrator for the acquisition are in the 
     best interest of the Federal Government; and
       (iii) the requirements of subsection (c) are met with 
     respect to such acquisition.
       (3) Report on decisionmaking process.--If the Commandant 
     determines under subparagraph (B), (C), or (D) of subsection 
     (b)(2) that the Coast Guard will use a private sector lead 
     systems integrator for an acquisition, the Commandant shall 
     notify in writing the appropriate congressional committees of 
     the Commandant's determination and shall provide a detailed 
     rationale for the determination, at least 30 days before the 
     award of a contract or issuance of a delivery order or task 
     order, using a private sector lead systems integrator, 
     including a comparison of the cost of the acquisition through 
     the private sector lead systems integrator with the expected 
     cost if the acquisition were awarded directly to the 
     manufacturer or shipyard. For purposes of that comparison, 
     the cost of award directly to a manufacturer or shipyard 
     shall include the costs of Government contract management and 
     oversight.
       (c) Limitation on Lead Systems Integrators.--Neither an 
     entity performing lead systems integrator functions for a 
     Coast Guard acquisition nor a Tier 1 subcontractor for any 
     acquisition described in subparagraph (B), (C), or (D) of 
     subsection (b)(2) may have a financial interest in a 
     subcontractor below the Tier 1 subcontractor level unless--
       (1) the subcontractor was selected by the prime contractor 
     through full and open competition for such procurement;
       (2) the procurement was awarded by the lead systems 
     integrator or a subcontractor through full and open 
     competition;
       (3) the procurement was awarded by a subcontractor through 
     a process over which the lead systems integrator or a Tier 1 
     subcontractor exercised no control; or
       (4) the Commandant has determined that the procurement was 
     awarded in a manner consistent with Federal acquisition laws 
     and regulations promulgated under those laws, including the 
     Federal Acquisition Regulation.

[[Page 25511]]

       (d) Rule of Construction.--The limitation in subsection 
     (b)(1)(A) on the quantity and specific type of assets to 
     which subsection (b) applies shall not be construed to apply 
     to the modification of the number or type of any sub-systems 
     or other components of a vessel or aircraft described in 
     subparagraph (B), (C), or (D) of subsection (b)(2).
       (e) Termination Date for Exceptions.--Except as described 
     in subsection (b)(1), the Commandant may not use a private 
     sector entity as a lead systems integrator for acquisition 
     contracts awarded, or task orders or delivery orders issued, 
     after the earlier of--
       (1) September 30, 2011; or
       (2) the date on which the Commandant certifies in writing 
     to the appropriate congressional committees that the Coast 
     Guard has available and can retain sufficient acquisition 
     workforce personnel and expertise within the Coast Guard, 
     through an arrangement with other Federal agencies, or 
     through contracts or other arrangements with private sector 
     entities, to perform the functions and responsibilities of 
     the lead systems integrator in an efficient and cost-
     effective manner.

               Subtitle B--Coast Guard Acquisition Policy

     SEC. 521. OPERATIONAL REQUIREMENTS.

       (a) In General.--No Level 1 or Level 2 acquisition program 
     may be initiated by the Coast Guard, and no production 
     contract may be awarded for such an acquisition, unless the 
     Commandant has approved an operational requirement for such 
     acquisition.
       (b) Operational Requirement for Acquisition Programs.--
       (1) In general.--The Commandant shall establish mature and 
     stable operational requirements for acquisition programs.
       (2) Elements.--Prior to establishing operational 
     requirements under paragraph (1), the Commandant shall--
       (A) prepare a preliminary statement of need, a concept of 
     operations, an analysis of alternatives or the equivalent, an 
     estimate of life-cycle costs, and requirements for 
     interoperability with other capabilities and assets within 
     and external to the Coast Guard; and
       (B) in preparing the concept of operations under 
     subparagraph (A), coordinate with acquisition and support 
     professionals, requirements officials, operational users and 
     maintainers, and resource officials who can ensure the 
     appropriate consideration of performance, cost, schedule and 
     risk trade-offs.
       (c) Consideration of Trade-offs.--In establishing 
     operational requirements under subsection (a), the Commandant 
     shall develop and implement mechanisms to ensure that trade-
     offs among performance, cost, schedule, and risk are 
     considered in the establishment of operational requirements 
     for development and production of a Level 1 or Level 2 
     acquisition.
       (d) Elements.--The mechanisms required under this section 
     shall ensure at a minimum that Coast Guard officials 
     responsible for acquisition management, budget, and cost 
     estimating functions have the authority to develop cost 
     estimates and raise cost and schedule matters at any point in 
     the process of establishing operational requirements for a 
     Level 1 or Level 2 acquisition.

     SEC. 522. REQUIRED CONTRACT TERMS.

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

     SEC. 523. LIFE-CYCLE COST ESTIMATES.

       (a) In General.--The Commandant shall implement mechanisms 
     to ensure the development and regular updating of life-cycle 
     cost estimates for each acquisition with a total acquisition 
     cost that equals or exceeds $10,000,000 and an expected 
     service life of 10 years, and to ensure that these estimates 
     are considered in decisions to develop or produce new or 
     enhanced capabilities and assets.
       (b) Types of Estimates.--In addition to life-cycle cost 
     estimates that may be developed by acquisition program 
     offices, the Commandant shall require that an independent 
     life-cycle cost estimate be developed for each Level 1 or 
     Level 2 acquisition program or project.
       (c) Required Updates.--For each Level 1 or Level 2 
     acquisition program or project the Commandant shall require 
     that life-cycle cost estimates shall be updated before each 
     milestone decision is concluded and the program or project 
     enters a new acquisition phase.

     SEC. 524. TEST AND EVALUATION.

       (a) Test and Evaluation Master Plan.--
       (1) In general.--For any Level 1 or Level 2 acquisition 
     program or project the Coast Guard Chief Acquisition Officer 
     must approve a Test and Evaluation Master Plan specific to 
     the acquisition program or project for the capability, asset, 
     or sub-systems of the capability or asset and intended to 
     minimize technical, cost, and schedule risk as early as 
     practicable in the development of the program or project.
       (2) Test and evaluation strategy.--The TEMP shall--
       (A) set forth an integrated test and evaluation strategy 
     that will verify that capability-level or asset-level and 
     sub-system-level design and development, including 
     performance and supportability, have been sufficiently proven 
     before the capability, asset, or sub-system of the capability 
     or asset is approved for production; and
       (B) require that adequate developmental tests and 
     evaluations and operational tests and evaluations established 
     under subparagraph (A) are performed to inform production 
     decisions.
       (3) Other components of temp.--At a minimum, the TEMP shall 
     identify--
       (A) the key performance parameters to be resolved through 
     the integrated test and evaluation strategy;
       (B) critical operational issues to be assessed in addition 
     to the key performance parameters;
       (C) specific development test and evaluation phases and the 
     scope of each phase;
       (D) modeling and simulation activities to be performed, if 
     any, and the scope of such activities;
       (E) early operational assessments to be performed, if any, 
     and the scope of such assessments;
       (F) operational test and evaluation phases;
       (G) an estimate of the resources, including funds, that 
     will be required for all test, evaluation, assessment, 
     modeling, and simulation activities; and
       (H) the Government entity or independent entity that will 
     perform the test, evaluation, assessment, modeling, and 
     simulation activities.
       (4) Update.--The Coast Guard Chief Acquisition Officer 
     shall approve an updated TEMP whenever there is a revision to 
     program or project test and evaluation strategy, scope, or 
     phasing.
       (5) Limitation.--The Coast Guard may not--
       (A) proceed past that phase of the acquisition process that 
     entails approving the supporting acquisition of a capability 
     or asset before the TEMP is approved by the Coast Guard Chief 
     Acquisition Officer; or
       (B) award any production contract for a capability, asset, 
     or sub-system for which a TEMP is required under this 
     subsection before the TEMP is approved by the Coast Guard 
     Chief Acquisition Officer.
       (b) Tests and Evaluations.--
       (1) In general.--The Commandant shall ensure that the Coast 
     Guard conducts developmental tests and evaluations and 
     operational tests and evaluations of a capability or asset 
     and the sub-systems of the capability or asset for which a 
     TEMP has been prepared under subsection (a).
       (2) Use of third parties.--The Commandant shall ensure that 
     the Coast Guard uses third parties with expertise in testing 
     and evaluating the capabilities or assets and the sub-systems 
     of the capabilities or assets being acquired to conduct 
     developmental tests and evaluations and operational tests and 
     evaluations whenever the Coast Guard lacks the capability to 
     conduct the tests and evaluations required by a TEMP.
       (3) Communication of safety concerns.--The Commandant shall 
     require that safety concerns identified during developmental 
     or operational tests and evaluations or through independent 
     or Government-conducted design assessments of capabilities or 
     assets and sub-systems of capabilities or assets to be 
     acquired by the Coast Guard shall be communicated as soon as 
     practicable, but not later than 30 days after the completion 
     of the test or assessment event or activity that identified 
     the safety concern, to the program manager for the capability 
     or asset and the sub-systems concerned and to the Coast Guard 
     Chief Acquisition Officer.
       (4) Reporting of safety concerns.--Any safety concerns that 
     have been reported to the Chief Acquisition Officer for an 
     acquisition program or project shall be reported by the 
     Commandant to the appropriate congressional committees at 
     least 90 days before the award of any

[[Page 25512]]

     contract or issuance of any delivery order or task order for 
     low, initial, or full-rate production of the capability or 
     asset concerned if they will remain uncorrected or 
     unmitigated at the time such a contract is awarded or 
     delivery order or task order is issued. The report shall 
     include a justification for the approval of that level of 
     production of the capability or asset before the safety 
     concern is corrected or mitigated. The report shall also 
     include an explanation of the actions that will be taken to 
     correct or mitigate the safety concern, the date by which 
     those actions will be taken, and the adequacy of current 
     funding to correct or mitigate the safety concern.
       (5) Asset already in low, initial, or full-rate 
     production.--If operational test and evaluation on a 
     capability or asset already in low, initial, or full-rate 
     production identifies a safety concern with the capability or 
     asset or any sub-systems of the capability or asset not 
     previously identified during developmental or operational 
     test and evaluation, the Commandant shall--
       (A) notify the program manager and the Chief Acquisition 
     Officer of the safety concern as soon as practicable, but not 
     later than 30 days after the completion of the test and 
     evaluation event or activity that identified the safety 
     concern; and
       (B) notify the appropriate congressional Committee of the 
     safety concern not later than 30 days after notification is 
     made to the program manager and Chief Acquisition Officer, 
     and include in such notification--
       (i) an explanation of the actions that will be taken to 
     correct or mitigate the safety concern in all capabilities or 
     assets and sub-systems of the capabilities or assets yet to 
     be produced, and the date by which those actions will be 
     taken;
       (ii) an explanation of the actions that will be taken to 
     correct or mitigate the safety concern in previously produced 
     capabilities or assets and sub-systems of the capabilities or 
     assets, and the date by which those actions will be taken; 
     and
       (iii) an assessment of the adequacy of current funding to 
     correct or mitigate the safety concern in capabilities or 
     assets and sub-systems of the capabilities or assets and in 
     previously produced capabilities or assets and sub-systems.
       (c) Definitions.--In this section:
       (1) Developmental test and evaluation.--The term 
     ``developmental test and evaluation'' means--
       (A) the testing of a capability or asset and the sub-
     systems of the capability or asset to determine whether they 
     meet all contractual performance requirements, including 
     technical performance requirements, supportability 
     requirements, and interoperability requirements and related 
     specifications; and
       (B) the evaluation of the results of such testing.
       (2) Operational test and evaluation.--The term 
     ``operational test and evaluation'' means--
       (A) the testing of a capability or asset and the sub-
     systems of the capability or asset, under conditions similar 
     to those in which the capability or asset and subsystems will 
     actually be deployed, for the purpose of determining the 
     effectiveness and suitability of the capability or asset and 
     sub-systems for use by typical Coast Guard users to conduct 
     those missions for which the capability or asset and sub-
     systems are intended to be used; and
       (B) the evaluation of the results of such testing.
       (3) Safety concern.--The term ``safety concern'' means any 
     hazard associated with a capability or asset or a sub-system 
     of a capability or asset that is likely to cause serious 
     bodily injury or death to a typical Coast Guard user in 
     testing, maintaining, repairing, or operating the capability, 
     asset, or sub-system or any hazard associated with the 
     capability, asset, or sub-system that is likely to cause 
     major damage to the capability, asset, or sub-system during 
     the course of its normal operation by a typical Coast Guard 
     user.
       (4) TEMP.--The term ``TEMP'' means a Test and Evaluation 
     Master Plan for which approval is required under this 
     section.

     SEC. 525. CAPABILITY STANDARDS.

       (a) Cutter Classification.--The Commandant shall cause each 
     cutter, other than a National Security Cutter, acquired by 
     the Coast Guard and delivered after the date of enactment of 
     this Act to be classed by the American Bureau of Shipping 
     before final acceptance.
       (b) Tempest Testing.--The Commandant shall--
       (1) cause all electronics on all aircraft, surface, and 
     shore capabilities and assets that require TEMPEST 
     certification and that are delivered after the date of 
     enactment of this Act to be tested in accordance with TEMPEST 
     standards and communication security (COMSEC) standards by an 
     independent third party that is authorized by the Federal 
     Government to perform such testing; and
       (2) certify that the capabilities and assets meet all 
     applicable TEMPEST requirements.
       (c) National Security Cutters.--
       (1) National security cutters 1 and 2.--Not later than 90 
     days before the Coast Guard awards any contract or issues any 
     delivery order or task order to strengthen the hull of either 
     of National Security Cutter 1 or 2 to resolve the structural 
     design and performance issues identified in the Department of 
     Homeland Security Inspector General's report OIG-07-23 dated 
     January 2007, the Commandant shall submit to the appropriate 
     congressional committees and the Committee on Homeland 
     Security of the House of Representatives all results of an 
     assessment of the proposed hull strengthening design 
     conducted by the Coast Guard, including--
       (A) a description in detail of the extent to which the hull 
     strengthening measures to be implemented on those cutters 
     will enable the cutters to meet contract and performance 
     requirements;
       (B) a cost benefit analysis of the proposed hull 
     strengthening measures for National Security Cutters 1 and 2; 
     and
       (C) a description of any operational restrictions that 
     would have to be applied to either National Security Cutter 1 
     or 2 if the proposed hull strengthening measures were not 
     implemented on either cutter.
       (2) Other vessels.--The Commandant shall cause the design 
     and construction of each National Security Cutter, other than 
     National Security Cutters 1, 2, and 3, to be assessed by an 
     independent third party with expertise in vessel design and 
     construction certification.
       (d) Aircraft Airworthiness.--The Commandant shall cause all 
     aircraft and aircraft engines acquired by the Coast Guard and 
     delivered after the date of enactment of this Act to be 
     assessed for airworthiness by an independent third party with 
     expertise in aircraft and aircraft engine certification, 
     before final acceptance.

     SEC. 526. ACQUISITION PROGRAM REPORTS.

       Any Coast Guard Level 1 or Level 2 acquisition program or 
     project may not begin to obtain any capability or asset or 
     proceed beyond that phase of its development that entails 
     approving the supporting acquisition until the Commandant 
     submits to the appropriate congressional committees the 
     following:
       (1) The key performance parameters, the key system 
     attributes, and the operational performance attributes of the 
     capability and asset to be acquired under the proposed 
     acquisition program or project will be built to achieve.
       (2) A detailed list of the systems or other capabilities 
     with which the capability or asset to be acquired is intended 
     to be interoperable, including an explanation of the 
     attributes of interoperability.
       (3) The anticipated acquisition program baseline and 
     acquisition unit cost for the capability or asset to be 
     produced and deployed under the program or project.
       (4) A detailed schedule for the acquisition process showing 
     when all capability and asset acquisitions are to be 
     completed and when all acquired capabilities and assets are 
     to be initially and fully deployed.

     SEC. 527. UNDEFINITIZED CONTRACTUAL ACTIONS.

       (a) In General.--The Coast Guard may not enter into an 
     undefinitized contractual action unless such action is 
     directly approved by the Head of Contracting Activity of the 
     Coast Guard.
       (b) Requests for Undefinitized Contractual Actions.--Any 
     request to the Head of Contracting Activity for approval of 
     an undefinitized contractual action covered under subsection 
     (a) must include a description of the anticipated effect on 
     requirements of the Coast Guard if a delay is incurred for 
     the purposes of determining contractual terms, 
     specifications, and price before performance is begun under 
     the contractual action.
       (c) Requirements for Undefinitized Contractual Actions.--
       (1) Deadline for agreement on terms, specifications, and 
     price.--A contracting officer of the Coast Guard may not 
     enter into an undefinitized contractual action unless the 
     contractual action provides for agreement upon contractual 
     terms, specification, and price by the earlier of--
       (A) the end of the 180-day period beginning on the date on 
     which the contractor submits a qualifying proposal to 
     definitize the contractual terms, specifications, and price; 
     or
       (B) the date on which the amount of funds obligated under 
     the contractual action is equal to more than 50 percent of 
     the negotiated overall ceiling price for the contractual 
     action.
       (2) Limitation on obligations.--
       (A) In general.--Except as provided in subparagraph (B), 
     the contracting officer for an undefinitized contractual 
     action may not obligate under such contractual action an 
     amount that exceeds 50 percent of the negotiated overall 
     ceiling price until the contractual terms, specifications, 
     and price are definitized for such contractual action.
       (B) Exception.--Notwithstanding subparagraph (A), if a 
     contractor submits a qualifying proposal to definitize an 
     undefinitized contractual action before an amount that 
     exceeds 50 percent of the negotiated overall ceiling price is 
     obligated on such action, the contracting officer for such 
     action may not obligate with respect to such contractual 
     action an amount that exceeds 75 percent of the negotiated 
     overall ceiling price until the contractual terms, 
     specifications, and price are definitized for such 
     contractual action.
       (3) Waiver.--The Commandant may waive the application of 
     this subsection with respect to a contract if the Commandant 
     determines that the waiver is necessary to support--
       (A) a contingency operation (as that term is defined in 
     section 101(a)(13) of title 10, United States Code);
       (B) an operation in response to an emergency that poses an 
     unacceptable threat to human health or safety or to the 
     marine environment; or
       (C) an operation in response to a natural disaster or major 
     disaster or emergency designated by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.).
       (4) Limitation on application.--This subsection does not 
     apply to an undefinitized contractual action for the purchase 
     of initial spares.

[[Page 25513]]

       (d) Inclusion of Nonurgent Requirements.--Requirements for 
     spare parts and support equipment that are not needed on an 
     urgent basis may not be included in an undefinitized 
     contractual action by the Coast Guard for spare parts and 
     support equipment that are needed on an urgent basis unless 
     the Commandant approves such inclusion as being--
       (1) good business practice; and
       (2) in the best interests of the United States.
       (e) Modification of Scope.--The scope of an undefinitized 
     contractual action under which performance has begun may not 
     be modified unless the Commandant approves such modification 
     as being--
       (1) good business practice; and
       (2) in the best interests of the United States.
       (f) Allowable Profit.--The Commandant shall ensure that the 
     profit allowed on an undefinitized contractual action for 
     which the final price is negotiated after a substantial 
     portion of the performance required is completed reflects--
       (1) the possible reduced cost risk of the contractor with 
     respect to costs incurred during performance of the contract 
     before the final price is negotiated; and
       (2) the reduced cost risk of the contractor with respect to 
     costs incurred during performance of the remaining portion of 
     the contract.
       (g) Definitions.--In this section:
       (1) Undefinitized contractual action.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``undefinitized contractual action'' means a new 
     procurement action entered into by the Coast Guard for which 
     the contractual terms, specifications, or price are not 
     agreed upon before performance is begun under the action.
       (B) Exclusion.--Such term does not include contractual 
     actions with respect to the following:
       (i) Foreign military sales.
       (ii) Purchases in an amount not in excess of the amount of 
     the simplified acquisition threshold.
       (iii) Special access programs.
       (2) Qualifying proposal.--The term ``qualifying proposal'' 
     means a proposal that contains sufficient information to 
     enable complete and meaningful audits of the information 
     contained in the proposal as determined by the contracting 
     officer.

     SEC. 528. GUIDANCE ON EXCESSIVE PASS-THROUGH CHARGES.

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

     SEC. 529. ACQUISITION OF MAJOR CAPABILITIES: ALTERNATIVES 
                   ANALYSIS.

       The Coast Guard may not acquire an experimental or 
     technically immature capability or asset or implement a Level 
     1 or Level 2 acquisition, unless it has conducted an 
     alternatives analysis for the capability or asset to be 
     acquired in the concept and technology development phase of 
     the acquisition process for the capability or asset. Such 
     analysis shall be conducted by a federally funded research 
     and development center, a qualified entity of the Department 
     of Defense, or a similar independent third party entity that 
     has appropriate acquisition expertise. Such alternatives 
     analysis shall include--
       (1) an assessment of the technical maturity of the 
     capability or asset and technical and other risks;
       (2) an examination of capability, interoperability, and 
     other advantages and disadvantages;
       (3) an evaluation of whether different combinations or 
     quantities of specific capabilities or assets could meet the 
     Coast Guard's overall performance needs;
       (4) a discussion of key assumptions and variables, and 
     sensitivity to change in such assumptions and variables;
       (5) when an alternative is an existing capability, asset, 
     or prototype, an evaluation of relevant safety and 
     performance records and costs;
       (6) a calculation of life-cycle costs, including--
       (A) an examination of development costs and the levels of 
     uncertainty associated with such estimated costs;
       (B) an examination of likely production and deployment 
     costs and the levels of uncertainty associated with such 
     estimated costs;
       (C) an examination of likely operating and support costs 
     and the levels of uncertainty associated with such estimated 
     costs;
       (D) if they are likely to be significant, an examination of 
     likely disposal costs and the levels of uncertainty 
     associated with such estimated costs; and
       (E) such additional measures the Commandant determines to 
     be necessary for appropriate evaluation of the capability or 
     asset; and
       (7) the business case for each viable alternative.

     SEC. 530. COST OVERRUNS AND DELAYS.

       (a) In General.--The Commandant shall submit a report to 
     the appropriate congressional committees as soon as possible, 
     but not later than 30 days, after the Chief Acquisition 
     Officer of the Coast Guard becomes aware of the breach of an 
     acquisition program baseline for any Level 1 or Level 2 
     acquisition program, by--
       (1) a likely cost overrun greater than 10 percent of the 
     acquisition program baseline for that individual capability 
     or asset or a class of capabilities or assets;
       (2) a likely delay of more than 180 days in the delivery 
     schedule for any individual capability or asset or class of 
     capabilities or assets; or
       (3) an anticipated failure for any individual capability or 
     asset or class of capabilities or assets to satisfy any key 
     performance threshold or parameter under the acquisition 
     program baseline.
       (b) Content.--The report submitted under subsection (a) 
     shall include--
       (1) a detailed description of the breach and an explanation 
     of its cause;
       (2) the projected impact to performance, cost, and 
     schedule;
       (3) an updated acquisition program baseline and the 
     complete history of changes to the original acquisition 
     program baseline;
       (4) the updated acquisition schedule and the complete 
     history of changes to the original schedule;
       (5) a full life-cycle cost analysis for the capability or 
     asset or class of capabilities or assets;
       (6) a remediation plan identifying corrective actions and 
     any resulting issues or risks; and
       (7) a description of how progress in the remediation plan 
     will be measured and monitored.
       (c) Substantial Variances in Costs or Schedule.--If a 
     likely cost overrun is greater than 20 percent or a likely 
     delay is greater than 12 months from the costs and schedule 
     described in the acquisition program baseline for any Level 1 
     or Level 2 acquisition program or project of the Coast Guard, 
     the Commandant shall include in the report a written 
     certification, with a supporting explanation, that--
       (1) the capability or asset or capability or asset class to 
     be acquired under the program or project is essential to the 
     accomplishment of Coast Guard missions;
       (2) there are no alternatives to such capability or asset 
     or capability or asset class which will provide equal or 
     greater capability in both a more cost-effective and timely 
     manner;
       (3) the new acquisition schedule and estimates for total 
     acquisition cost are reasonable; and
       (4) the management structure for the acquisition program is 
     adequate to manage and control performance, cost, and 
     schedule.

     SEC. 531. REPORT ON FORMER COAST GUARD OFFICIALS EMPLOYED BY 
                   CONTRACTORS TO THE AGENCY.

       (a) Report Required.--Not later than December 31, 2009, and 
     annually thereafter, the Comptroller General of the United 
     States shall submit a report to the appropriate congressional 
     committees on the employment during the preceding year by 
     Coast Guard contractors of individuals who were Coast Guard 
     officials in the previous 5-year period. The report shall 
     assess the extent to which former Coast Guard officials were 
     provided compensation by Coast Guard contractors in the 
     preceding calendar year.
       (b) Objectives of Report.--At a minimum, the report 
     required by this section shall assess the extent to which 
     former Coast Guard officials who receive compensation from 
     Coast Guard contractors have been assigned by those 
     contractors to work on contracts or programs between the 
     contractor and the Coast Guard, including contracts or 
     programs for which the former official personally had 
     oversight responsibility or decisionmaking authority when 
     they served in or worked for the Coast Guard.
       (c) Confidentiality Requirement.--The report required by 
     this subsection shall not include the names of the former 
     Coast Guard officials who receive compensation from Coast 
     Guard contractors.
       (d) Access to Information.--A Coast Guard contractor shall 
     provide the Comptroller General access to information 
     requested by the Comptroller General for the purpose of 
     conducting the study required by this section.
       (e) Definitions.--In this section:
       (1) Coast guard contractor.--The term ``Coast Guard 
     contractor'' includes any person that received at least 
     $10,000,000 in contractor awards from the Coast Guard in the 
     calendar year covered by the annual report.
       (2) Coast guard official.--The term ``Coast Guard 
     official'' includes former officers of the Coast Guard who 
     were compensated at a rate of pay for grade O-7 or above 
     during the calendar year prior to the date on which they 
     separated

[[Page 25514]]

     from the Coast Guard, and former civilian employees of the 
     Coast Guard who served at any level of the Senior Executive 
     Service under subchapter VIII of chapter 53 of title 5, 
     United States Code, during the calendar year prior to the 
     date on which they separated from the Coast Guard.

     SEC. 532. DEPARTMENT OF DEFENSE CONSULTATION.

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

                   Subtitle C--Coast Guard Personnel

     SEC. 541. CHIEF ACQUISITION OFFICER.

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

     ``Sec. 56. Chief Acquisition Officer

       ``(a) Establishment of Chief Acquisition Officer.--There 
     shall be in the Coast Guard a Chief Acquisition Officer 
     selected by the Commandant who shall be a Rear Admiral or 
     civilian from the Senior Executive Service (career reserved) 
     and who meets the qualifications set forth under subsection 
     (b). The Chief Acquisition Officer shall serve at the 
     Assistant Commandant level and have acquisition management as 
     that individual's primary duty.
       ``(b) Qualifications.--
       ``(1) The Chief Acquisition Officer and any Flag Officer 
     serving in the Acquisitions Directorate shall be an 
     acquisition professional with a program manager level III 
     certification and must have at least 10 years experience in 
     an acquisition position, of which at least 4 years were spent 
     in one of the following qualifying positions:
       ``(A) Program executive officer.
       ``(B) Program manager of a Level 1 or Level 2 acquisition.
       ``(C) Deputy program manager of a Level 1 or Level 2 
     acquisition.
       ``(D) Project manager for a Level 1 or Level 2 acquisition.
       ``(E) Any other acquisition position of significant 
     responsibility in which the primary duties are supervisory or 
     management duties.
       ``(2) The Commandant shall periodically publish a list of 
     the positions designated under this subsection.
       ``(c) Authority and Functions of the Chief Acquisition 
     Officer.--The functions of the Chief Acquisition Officer 
     shall include--
       ``(1) monitoring the performance of programs and projects 
     on the basis of applicable performance measurements and 
     advising the Commandant, through the chain of command, 
     regarding the appropriate business strategy to achieve the 
     missions of the Coast Guard;
       ``(2) maximizing the use of full and open competition at 
     the prime contract and subcontract levels in the acquisition 
     of property, capabilities, assets, and services by the Coast 
     Guard by establishing policies, procedures, and practices 
     that ensure that the Coast Guard receives a sufficient number 
     of sealed bids or competitive proposals from responsible 
     sources to fulfill the Government's requirements, including 
     performance and delivery schedules, at the lowest cost or 
     best value considering the nature of the property, 
     capability, asset, or service procured;
       ``(3) making acquisition decisions in concurrence with the 
     technical authority of the Coast Guard, as designated by the 
     Commandant, and consistent with all other applicable laws and 
     decisions establishing procedures within the Coast Guard;
       ``(4) ensuring the use of detailed performance 
     specifications in instances in which performance based 
     contracting is used;
       ``(5) managing the direction of acquisition policy for the 
     Coast Guard, including implementation of the unique 
     acquisition policies, regulations, and standards of the Coast 
     Guard;
       ``(6) developing and maintaining an acquisition career 
     management program in the Coast Guard to ensure that there is 
     an adequate acquisition workforce;
       ``(7) assessing the requirements established for Coast 
     Guard personnel regarding knowledge and skill in acquisition 
     resources and management and the adequacy of such 
     requirements for facilitating the achievement of the 
     performance goals established for acquisition management;
       ``(8) developing strategies and specific plans for hiring, 
     training, and professional development; and
       ``(9) reporting to the Commandant, through the chain of 
     command, on the progress made in improving acquisition 
     management capability.''.
       (b) Application of Qualification Requirement.--Section 
     56(b) of title 14, United States Code, as amended by this 
     section, shall apply beginning October 1, 2011.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is further amended by adding at the 
     end the following:

``56. Chief Acquisition Officer.''.
       (d) Elevation of Disputes to the Chief Acquisition 
     Officer.--Within 45 days after the elevation to the Chief 
     Acquisition Officer of any design or other dispute regarding 
     a Level 1 or Level 2 acquisition, the Commandant shall 
     provide to the appropriate congressional committees a 
     detailed description of the issue and the rationale 
     underlying the decision taken by the Chief Acquisition 
     Officer to resolve the issue.
       (e) Special Rate Supplements.--
       (1) Requirement to establish.--Not later than 1 year after 
     the date of enactment of this Act and in accordance with part 
     9701.333 of title 5, Code of Federal Regulations, the 
     Commandant shall establish special rate supplements that 
     provide higher pay levels for employees necessary to carry 
     out the amendment made by this section.
       (2) Subject to appropriations.--The requirement under 
     paragraph (1) is subject to the availability of 
     appropriations.

     SEC. 542. IMPROVEMENTS IN COAST GUARD ACQUISITION MANAGEMENT.

       (a) Program and Project Managers.--An individual may not be 
     assigned as the program manager for a Level 1 or Level 2 
     acquisition unless the individual holds a Level III 
     acquisition certification as a program manager.
       (b) Integrated Product Teams.--Integrated product teams, 
     and all teams that oversee integrated product teams, shall be 
     chaired by officers, members, or employees of the Coast 
     Guard.
       (c) Technical Authority.--The Commandant shall maintain or 
     designate the technical authority to establish, approve, and 
     maintain technical requirements. Any such designation shall 
     be made in writing and may not be delegated to the authority 
     of the Chief Acquisition Officer established by section 55 of 
     title 14, United States Code.
       (d) Designation of Positions in the Acquisition 
     Workforce.--
       (1) In general.--The Commandant shall designate a 
     sufficient number of positions to be in the Coast Guard's 
     acquisition workforce to perform acquisition-related 
     functions at Coast Guard headquarters and field activities.
       (2) Required positions.--In designating positions under 
     subsection (a), the Commandant shall include, at a minimum, 
     positions encompassing the following competencies and 
     functions:
       (A) Program management.
       (B) Systems planning, research, development, engineering, 
     and testing.
       (C) Procurement, including contracting.
       (D) Industrial and contract property management.
       (E) Life-cycle logistics.
       (F) Quality control and assurance.
       (G) Manufacturing and production.
       (H) Business, cost estimating, financial management, and 
     auditing.
       (I) Acquisition education, training, and career 
     development.
       (J) Construction and facilities engineering.
       (K) Testing and evaluation.
       (3) Acquisition management headquarter activities.--The 
     Commandant shall also designate as positions in the 
     acquisition workforce under paragraph (1) those acquisition-
     related positions located at Coast Guard headquarters units.
       (4) Appropriate expertise required.--The Commandant shall 
     ensure that each individual assigned to a position in the 
     acquisition workforce has the appropriate expertise to carry 
     out the responsibilities of that position.
       (e) Management Information System.--
       (1) In general.--The Commandant shall establish a 
     management information system capability to improve 
     acquisition workforce management and reporting.
       (2) Information maintained.--Information maintained with 
     such capability shall include the following standardized 
     information on individuals assigned to positions in the 
     workforce:

[[Page 25515]]

       (A) Qualifications, assignment history, and tenure of those 
     individuals assigned to positions in the acquisition 
     workforce or holding acquisition-related certifications.
       (B) Promotion rates for officers and members of the Coast 
     Guard in the acquisition workforce.
       (f) Report on Adequacy of Acquisition Workforce.--
       (1) In general.--The Commandant shall report to the 
     Congress by July 1 of each year on the scope of the 
     acquisition activities to be performed in the next fiscal 
     year and on the adequacy of the current acquisition workforce 
     to meet that anticipated workload.
       (2) Contents.--The report shall--
       (A) specify the number of officers, members, and employees 
     of the Coast Guard currently and planned to be assigned to 
     each position designated under subsection (d); and
       (B) identify positions that are understaffed to meet the 
     anticipated acquisition workload, and actions that will be 
     taken to correct such understaffing.
       (g) Appointments to Acquisition Positions.--The Commandant 
     shall ensure that no requirement or preference for officers 
     or members of the Coast Guard is used in the consideration of 
     persons for positions in the acquisition workforce.
       (h) Career Paths.--
       (1) Identification of career paths.--To establish 
     acquisition management as a core competency of the Coast 
     Guard, the Commandant shall--
       (A) ensure that career paths for officers, members, and 
     employees of the Coast Guard who wish to pursue careers in 
     acquisition are identified in terms of the education, 
     training, experience, and assignments necessary for career 
     progression of those officers, members, and employees to the 
     most senior positions in the acquisition workforce; and
       (B) publish information on such career paths.
       (2) Promotion parity.--The Commandant shall ensure that 
     promotion parity is established for officers and members of 
     the Coast Guard who have been assigned to the acquisition 
     workforce relative to officers and members who have not been 
     assigned to the acquisition workforce.
       (i) Balanced Workforce Policy.--In the development of 
     acquisition workforce policies under this section with 
     respect to any civilian employees or applicants for 
     employment, the Commandant shall, consistent with the merit 
     system principles set out in paragraphs (1) and (2) of 
     section 2301(b) of title 5, United States Code, take into 
     consideration the need to maintain a balanced workforce in 
     which women and members of racial and ethnic minority groups 
     are appropriately represented in Government service.
       (j) Guidance on Tenure and Accountability of Program 
     Managers.--
       (1) Issuance of guidance.--Not later than 1 year after the 
     date of enactment of this Act, the Commandant shall issue 
     guidance to address the qualifications, resources, 
     responsibilities, tenure, and accountability of program 
     managers for the management of acquisition programs and 
     projects. The guidance shall address, at a minimum--
       (A) the qualifications that shall be required of program 
     managers, including the number of years of acquisition 
     experience and the professional training levels to be 
     required of those appointed to program management positions;
       (B) authorities available to program managers, including, 
     to the extent appropriate, the authority to object to the 
     addition of new program requirements that would be 
     inconsistent with the parameters established for an 
     acquisition program; and
       (C) the extent to which a program manager who initiates a 
     new program or project will continue in management of that 
     program or project without interruption until the delivery of 
     the first production units of the program.
       (2) Strategy.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Commandant shall develop a 
     comprehensive strategy for enhancing the role of Coast Guard 
     program managers in developing and carrying out acquisition 
     programs.
       (B) Matters to be addressed.--The strategy required by this 
     section shall address, at a minimum--
       (i) the creation of a specific career path and career 
     opportunities for individuals who are or may become program 
     managers, including the rotational assignments that will be 
     provided to program managers;
       (ii) the provision of enhanced training and educational 
     opportunities for individuals who are or may become program 
     managers;
       (iii) the provision of mentoring support to current and 
     future program managers by experienced senior executives and 
     program managers within the Coast Guard, and through 
     rotational assignments to the Department of Defense;
       (iv) the methods by which the Coast Guard will collect and 
     disseminate best practices and lessons learned on systems 
     acquisition to enhance program management throughout the 
     Coast Guard;
       (v) the templates and tools that will be used to support 
     improved data gathering and analysis for program management 
     and oversight purposes, including the metrics that will be 
     utilized to assess the effectiveness of Coast Guard program 
     managers in managing systems acquisition efforts;
       (vi) a description in detail of how the Coast Guard will 
     promote a balanced workforce in which women and members of 
     racial and ethnic minority groups are appropriately 
     represented in Government service; and
       (vii) the methods by which the accountability of program 
     managers for the results of acquisition programs will be 
     increased.

     SEC. 543. RECOGNITION OF COAST GUARD PERSONNEL FOR EXCELLENCE 
                   IN ACQUISITION.

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

     SEC. 544. COAST GUARD ACQUISITION WORKFORCE EXPEDITED HIRING 
                   AUTHORITY.

       (a) In General.--For purposes of sections 3304, 5333, and 
     5753 of title 5, United States Code, the Commandant may--
       (1) designate any category of acquisition positions within 
     the Coast Guard as shortage category positions; and
       (2) use the authorities in such sections to recruit and 
     appoint highly qualified persons directly to positions so 
     designated.
       (b) Limitation.--The Commandant may not appoint a person to 
     a position of employment under this subsection after 
     September 30, 2012.

                TITLE VI--MARITIME WORKFORCE DEVELOPMENT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Maritime Workforce 
     Development Act''.

     SEC. 602. MARITIME EDUCATION LOAN PROGRAM.

       (a) In General.--Chapter 517 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 51705. Maritime career training loan program

       ``(a) Establishment.--The Secretary of Transportation shall 
     establish a maritime career training loan program (in this 
     section referred to as the `program') in accordance with the 
     requirements of this section.
       ``(b) Purpose.--The purpose of the program shall be to make 
     maritime career training loans available to eligible students 
     to provide for the training of United States mariners.
       ``(c) Administration.--The program shall be carried out by 
     the Secretary, acting through the Administrator of the 
     Maritime Administration.
       ``(d) Duties.--The Secretary shall--
       ``(1) allocate, on an annual basis, the award of loans 
     under the program based on the needs of students;
       ``(2) develop an application process and eligibility 
     criteria for the award of loans under the program;
       ``(3) approve applications for loans under the program 
     based on the eligibility criteria and allocations made under 
     paragraph (1); and
       ``(4) designate maritime training institutions at which 
     loans made under the program may be used.
       ``(e) Designation of Maritime Training Institutions.--
       ``(1) In general.--In designating maritime training 
     institutions under subsection (d)(4), the Secretary--
       ``(A) may include Federal, State, and commercial training 
     institutions and nonprofit training organizations, except 
     that undergraduate students at the United States Merchant 
     Marine Academy shall not be eligible for loans under the 
     program;
       ``(B) shall designate institutions based on geographic 
     diversity and scope of classes offered;
       ``(C) shall ensure that designated institutions have the 
     ability to administer the program; and
       ``(D) shall ensure that designated institutions meet 
     requirements to provide training instruction for appropriate 
     Coast Guard-approved training instruction.
       ``(2) Exclusions.--The Secretary--
       ``(A) may exclude from participation in the program a 
     maritime training institution that has had severe performance 
     deficiencies, including deficiencies demonstrated by audits 
     or program reviews conducted during the 5 calendar years 
     immediately preceding the present year;
       ``(B) shall exclude from participation in the program a 
     maritime training institution that has delinquent or 
     outstanding debts to the United States, unless such debts are 
     being repaid under or in accordance with a repayment 
     arrangement satisfactory to the United States, or the 
     Secretary in the Secretary's discretion determines

[[Page 25516]]

     that the existence or amount of any such debts has not been 
     finally determined by the appropriate Federal agency;
       ``(C) may exclude from participation in the program a 
     maritime training institution that has failed to comply with 
     quality standards established by the Department of Labor, the 
     Coast Guard, or a State; and
       ``(D) may establish such other criteria as the Secretary 
     determines will protect the financial interest of the United 
     States and promote the purposes of this section.
       ``(f) State Maritime Academies.--
       ``(1) Use of funds for loans to students attending state 
     maritime academies.--The Secretary may obligate not more than 
     50 percent of the amounts appropriated to carry out this 
     section for a fiscal year for loans to undergraduate students 
     attending State maritime academies receiving assistance under 
     chapter 515 of this title.
       ``(2) Academic standards for students.--Students at State 
     maritime academies receiving loans under the program shall 
     maintain satisfactory progress toward the completion of their 
     course of study as evidenced by the maintenance of a 
     cumulative C average, or its equivalent, or academic standing 
     consistent with the requirements for graduation, as 
     determined by the institution.
       ``(g) Loan Amounts and Use.--
       ``(1) Maximum amounts.--The Secretary may not make loans to 
     a student under the program in an amount that exceeds $15,000 
     in a calendar year or $60,000 in the aggregate.
       ``(2) Use of loan proceeds.--A student who receives a loan 
     under the program may use the proceeds of the loan only for 
     postsecondary expenses incurred at an institution designated 
     by the Secretary under subsection (d)(4) for books, tuition, 
     required fees, travel to and from training facilities, and 
     room and board.
       ``(h) Student Eligibility.--To be eligible to receive a 
     loan under the program, a student shall--
       ``(1) be eligible to hold a license or merchant mariner 
     document issued by the Coast Guard;
       ``(2) provide to the Secretary such information as the 
     Secretary may require, including all current Coast Guard 
     documents, certifications, proof of United States citizenship 
     or permanent legal status, and a statement of intent to enter 
     a maritime career;
       ``(3) meet the enrollment requirements of a maritime 
     training institution designated by the Secretary under 
     subsection (d)(4); and
       ``(4) sign an agreement to--
       ``(A) complete a course of instruction at such a maritime 
     training institution; and
       ``(B)(i) maintain a license and serve as an officer in the 
     merchant marine on a documented vessel or a vessel owned and 
     operated by the United States for at least 18 months of 
     service at sea following the date of graduation from the 
     maritime program for which the loan proceeds will be used; or
       ``(ii) serve as an unlicensed merchant mariner on a 
     documented vessel or a vessel owned and operated by the 
     United States for at least 18 months of service at sea 
     following the date of graduation from the maritime program 
     for which the loan proceeds will be used.
       ``(i) Administration of Loans.--
       ``(1) Contents of loan agreements.--Any agreement between 
     the Secretary and a student borrower for a loan under the 
     program shall--
       ``(A) be evidenced by a note or other written instrument 
     that provides for the repayment of the principal amount of 
     the loan and any origination fee, together with interest 
     thereon, in equal installments (or, if the student borrower 
     so requests, in graduated periodic installments determined in 
     accordance with such schedules as may be approved by the 
     Secretary) payable quarterly, bimonthly, or monthly, at the 
     option of the student borrower, over a period beginning 9 
     months from the date on which the student borrower completes 
     study or discontinues attendance at the maritime program for 
     which the loans are used at the institution approved by the 
     Secretary and not exceeding 10 years;
       ``(B) include provision for acceleration of repayment of 
     the whole, or any part, of such loan, at the option of the 
     student borrower;
       ``(C) provide the loan without security and without 
     endorsement;
       ``(D) provide that the liability to repay the loan shall be 
     canceled upon the death of the student borrower, or if the 
     student borrower becomes permanently and totally disabled, as 
     determined in accordance with regulations to be issued by the 
     Secretary;
       ``(E) contain a notice of the system of disclosure of 
     information concerning default on such loan to credit bureau 
     organizations; and
       ``(F) include provisions for deferral of repayment, as 
     determined by the Secretary.
       ``(2) Rate of interest.--A student borrower who receives a 
     loan under the program on or after January 1, 2010, and 
     before October 1, 2015, shall be obligated to repay the loan 
     amount to the Secretary, together with interest beginning in 
     the period referred to in paragraph (1)(A), at a rate to be 
     determined as follows:
       ``(A) For a loan for which the first disbursement is made 
     on or after January 1, 2010, and before October 1, 2011, 5.6 
     percent on the unpaid principal balance of the loan.
       ``(B) For a loan for which the first disbursement is made 
     on or after October 1, 2011, and before October 1, 2012, 4.5 
     percent on the unpaid principal balance of the loan.
       ``(C) For a loan for which the first disbursement is made 
     on or after October 1, 2012, 3.4 percent on the unpaid 
     principal balance of the loan.
       ``(3) Disclosure required prior to disbursement.--
       ``(A) In general.--The Secretary shall at or prior to the 
     time the Secretary makes a loan to a student borrower under 
     the program, provide thorough and adequate loan information 
     on such loan to the student borrower. The disclosures 
     required by this paragraph may be made as part of the written 
     application material provided to the student borrower, as 
     part of the promissory note evidencing the loan, or on a 
     separate written form provided to the student borrower.
       ``(B) Contents.--The disclosures shall include--
       ``(i) the address to which communications and payments 
     should be sent;
       ``(ii) the principal amount of the loan;
       ``(iii) the amount of any charges collected at or prior to 
     the disbursal of the loan and whether such charges are to be 
     deducted from the proceeds of the loan or paid separately by 
     the student borrower;
       ``(iv) the stated interest rate on the loan;
       ``(v) the yearly and cumulative maximum amounts that may be 
     borrowed;
       ``(vi) an explanation of when repayment of the loan will be 
     required and when the student borrower will be obligated to 
     pay interest that accrues on the loan;
       ``(vii) a statement as to the minimum and maximum repayment 
     term that the Secretary may impose, and the minimum monthly 
     payment required by law and a description of any penalty 
     imposed as a consequence of default, such as liability for 
     expenses reasonably incurred in attempts by the Secretary to 
     collect on a loan;
       ``(viii) a statement of the total cumulative balance, 
     including the loan applied for, owed by the student borrower 
     to the Secretary, and an estimate of the projected monthly 
     payment, given such cumulative balance;
       ``(ix) an explanation of any special options the student 
     borrower may have for loan consolidation or other refinancing 
     of the loan;
       ``(x) a statement that the student borrower has the right 
     to prepay all or part of the loan, at any time, without 
     penalty;
       ``(xi) a statement summarizing circumstances in which 
     repayment of the loan or interest that accrues on the loan 
     may be deferred, and a brief notice of the program for 
     repayment of loans, on the basis of military service, 
     pursuant to the Department of Defense educational loan 
     repayment program (10 U.S.C. 16302);
       ``(xii) a definition of default and the consequences to the 
     student borrower if the student borrower defaults, together 
     with a statement that the disbursement of, and the default 
     on, a loan under this part shall be reported to a credit 
     bureau or credit reporting agency;
       ``(xiii) to the extent practicable, the effect of accepting 
     the loan on the eligibility of the student borrower for other 
     forms of student assistance; and
       ``(xiv) an explanation of any cost the student borrower may 
     incur in the making or collection of the loan.
       ``(C) Information to be provided without cost.--The 
     information provided under this paragraph shall be available 
     to the Secretary without cost to the student borrower.
       ``(4) Repayment after default.--The Secretary may require 
     any student borrower who has defaulted on a loan made under 
     the program to--
       ``(A) pay all reasonable collection costs associated with 
     such loan; and
       ``(B) repay the loan pursuant to an income contingent 
     repayment plan.
       ``(5) Authorization to reduce rates and fees.--
     Notwithstanding any other provision of this section, the 
     Secretary may prescribe by regulation any reductions in the 
     interest rate or origination fee paid by a student borrower 
     of a loan made under the program as the Secretary determines 
     appropriate to encourage ontime repayment of the loan. Such 
     reductions may be offered only if the Secretary determines 
     the reductions are cost neutral and in the best financial 
     interest of the United States.
       ``(6) Collection of repayments.--The Secretary shall 
     collect repayments made under the program and exercise due 
     diligence in such collection, including maintenance of all 
     necessary records to ensure that maximum repayments are made. 
     Collection and servicing of repayments under the program 
     shall be pursued to the full extent of the law, including 
     wage garnishment if necessary. The Secretary of the 
     Department in which the Coast Guard is operating shall 
     provide the Secretary of Transportation with any information 
     regarding a mariner that may aid in the collection of 
     repayments under this section.
       ``(7) Repayment schedule.--A student borrower who receives 
     a loan under the program shall repay the loan quarterly, 
     bimonthly, or monthly, at the option of the student borrower, 
     over a period beginning 9 months from the date the student 
     borrower completes study or discontinues attendance at the 
     maritime program for which the loan proceeds are used and 
     ending not more than 10 years after the date repayment 
     begins. Provisions for deferral of repayment shall be 
     determined by the Secretary.
       ``(8) Contracts for servicing and collection of loans.--The 
     Secretary may--
       ``(A) enter into a contract or other arrangement with State 
     or nonprofit agencies and, on a competitive basis, with 
     collection agencies for servicing and collection of loans 
     under this section; and
       ``(B) conduct litigation necessary to carry out this 
     section.
       ``(j) Revolving Loan Fund.--

[[Page 25517]]

       ``(1) Establishment.--The Secretary shall establish a 
     revolving loan fund consisting of amounts deposited in the 
     fund under paragraph (2).
       ``(2) Deposits.--The Secretary shall deposit in the fund--
       ``(A) receipts from the payment of principal and interest 
     on loans made under the program; and
       ``(B) any other monies paid to the Secretary by or on 
     behalf of individuals under the program.
       ``(3) Availability of amounts.--Amounts in the fund shall 
     be available to the Secretary, without further 
     appropriation--
       ``(A) to cover the administrative costs of the program, 
     including the maintenance of records and making collections 
     under this section; and
       ``(B) to the extent that amounts remain available after 
     paying such administrative costs, to make loans under the 
     program.
       ``(4) Maintenance of records.--The Secretary shall maintain 
     accurate records of the administrative costs referred to in 
     paragraph (3)(A).
       ``(k) Annual Report.--The Secretary, on an annual basis, 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the program, including--
       ``(1) the total amount of loans made under the program in 
     the preceding year;
       ``(2) the number of students receiving loans under the 
     program in the preceding year; and
       ``(3) the total amount of loans made under program that are 
     in default as of the date of the report.
       ``(l) Authorization of Appropriations.--There are 
     authorized to be appropriated for each of fiscal years 2010 
     through 2015--
       ``(1) $10,000,000 for making loans under the program; and
       ``(2) $1,000,000 for administrative expenses of the 
     Secretary in carrying out the program.

     ``Sec. 51706. Maritime recruitment, training, and retention 
       grant program

       ``(a) Strategic Plan.--
       ``(1) In general.--Not later than one year after the date 
     of enactment of this section, and at least once every 3 years 
     thereafter, the Secretary of Transportation, acting through 
     the Administrator of the Maritime Administration, shall 
     publish in the Federal Register a plan that describes the 
     demonstration, research, and multistate project priorities of 
     the Department of Transportation concerning merchant mariner 
     recruitment, training, and retention for the 3-year period 
     following the date of publication of the plan.
       ``(2) Contents.--A plan published under paragraph (1) shall 
     contain strategies and identify potential projects to address 
     merchant mariner recruitment, training, and retention issues 
     in the United States.
       ``(3) Factors.--In developing a plan under paragraph (1), 
     the Secretary shall take into account, at a minimum--
       ``(A) the availability of existing research (as of the date 
     of publication of the plan);
       ``(B) the need to ensure results that have broad 
     applicability;
       ``(C) the benefits of economies of scale and the efficiency 
     of potential projects; and
       ``(D) the likelihood that the results of potential projects 
     will be useful to policymakers and stakeholders in addressing 
     merchant mariner recruitment, training, and retention issues.
       ``(4) Consultation.--In developing a plan under paragraph 
     (1), the Secretary shall consult with representatives of the 
     maritime industry, labor organizations, and other 
     governmental entities and parties with an interest in the 
     maritime industry.
       ``(5) Transmittal to congress.--The Secretary shall 
     transmit copies of a plan published under paragraph (1) to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.
       ``(b) Demonstration Projects.--
       ``(1) In general.--The Secretary may award grants to a 
     maritime training institution to carry out demonstration 
     projects that implement the priorities identified in the plan 
     prepared under subsection (a)(1), for the purpose of 
     developing and implementing methods to address merchant 
     mariner recruitment, training, and retention issues.
       ``(2) Grant awards.--Grants shall be awarded under this 
     subsection on a competitive basis under guidelines and 
     requirements to be established by the Secretary.
       ``(3) Applications.--To be eligible to receive a grant for 
     a project under this subsection, a maritime training 
     institution shall submit to the Secretary a grant proposal 
     that includes, at a minimum--
       ``(A) information demonstrating the estimated effectiveness 
     of the project; and
       ``(B) a method for evaluating the effectiveness of the 
     project.
       ``(4) Eligible projects.--Projects eligible for grants 
     under this subsection may include--
       ``(A) the establishment of maritime technology skill 
     centers developed through local partnerships of industry, 
     labor, education, community-based organizations, economic 
     development organizations, or Federal, State, and local 
     government agencies to meet unmet skills needs of the 
     maritime industry;
       ``(B) projects that provide training to upgrade the skills 
     of workers who are employed in the maritime industry;
       ``(C) projects that promote the use of distance learning, 
     enabling students to take courses through the use of media 
     technology, such as videos, teleconferencing, and the 
     Internet;
       ``(D) projects that assist in providing services to address 
     maritime recruitment and training of youth residing in 
     targeted high poverty areas within empowerment zones and 
     enterprise communities;
       ``(E) the establishment of partnerships with national and 
     regional organizations with special expertise in developing, 
     organizing, and administering merchant mariner recruitment 
     and training services; and
       ``(F) the establishment of maritime training programs that 
     foster technical skills and operational productivity in 
     communities in which economies are related to or dependent 
     upon the maritime industry.
       ``(c) Projects Authorized.--
       ``(1) Projects.--The Secretary may award grants to carry 
     out projects identified in a plan published under subsection 
     (a)(1) under which the project sponsor will--
       ``(A) design, develop, and test an array of approaches to 
     providing recruitment, training, or retention services to one 
     or more targeted populations;
       ``(B) in conjunction with employers, organized labor, other 
     groups (such as community coalitions), and Federal, State, or 
     local agencies, design, develop, and test various training 
     approaches in order to determine effective practices; or
       ``(C) assist in the development and replication of 
     effective service delivery strategies for the national 
     maritime industry as a whole.
       ``(2) Research projects.--The Secretary may award grants to 
     carry out research projects identified in a plan published 
     under subsection (a)(1) that will contribute to the solution 
     of maritime industry recruitment, training, and retention 
     issues in the United States.
       ``(3) Multistate or regional projects.--The Secretary may 
     award grants to carry out multistate or regional projects 
     identified in a plan published under subsection (a)(1) to 
     effectively disseminate best practices and models for 
     implementing maritime recruitment, training, and retention 
     services designed to address industry-wide skill shortages.
       ``(4) Grant awards.--Grants shall be awarded under this 
     subsection on a competitive basis under guidelines and 
     requirements to be established by the Secretary.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated for each of fiscal years 2010 
     through 2015--
       ``(1) $10,000,000 for making grants under this section; and
       ``(2) $1,000,000 for administrative expenses of the 
     Secretary in carrying out this section.''.
       (b) Conforming Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``51705. Maritime career training loan program.
``51706. Maritime recruitment, training, and retention grant 
              program.''.

                  TITLE VII--COAST GUARD MODERNIZATION

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Coast Guard Modernization 
     Act of 2009''.

                   Subtitle A--Coast Guard Leadership

     SEC. 711. ADMIRALS AND VICE ADMIRALS.

       (a) Admirals.--Section 41 of title 14, United States Code, 
     is amended by striking ``an admiral,'' and inserting 
     ``admirals;''.
       (b) Vice Commandant.--Section 47 of title 14, United States 
     Code, is amended--
       (1) in the section heading by striking ``assignment'' and 
     inserting ``appointment''; and
       (2) in the text by striking ``vice admiral'' and inserting 
     ``admiral''.
       (c) Vice Admirals.--
       (1) In general.--Section 50 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 50. Vice admirals

       ``(a)(1) The President may designate 4 positions of 
     importance and responsibility that shall be held by officers 
     who--
       ``(A) while so serving, shall have the grade of vice 
     admiral, with the pay and allowances of that grade; and
       ``(B) shall perform any duties as the Commandant may 
     prescribe.
       ``(2) The 4 vice admiral positions authorized under 
     paragraph (1) are, respectively, the following:
       ``(A) The Deputy Commandant for Mission Support.
       ``(B) The Deputy Commandant for Operations and Policy.
       ``(C) The Commander, Force Readiness Command.
       ``(D) The Commander, Operations Command.
       ``(3) The President may appoint, by and with the advice and 
     consent of the Senate, and reappoint, by and with the advice 
     and consent of the Senate, to each of the positions 
     designated under paragraph (1) an officer of the Coast Guard 
     who is serving on active duty above the grade of captain. The 
     Commandant shall make recommendations for those appointments.
       ``(4)(A) Except as provided in subparagraph (B), the Deputy 
     Commandant for Operations and Policy must have at least 10 
     years experience in vessel inspection, marine casualty 
     investigations, mariner licensing, or an equivalent technical 
     expertise in the design and construction of commercial 
     vessels, with at least 4 years of leadership experience at a 
     staff or unit carrying out marine safety functions.
       ``(B) The requirements of subparagraph (A) do not apply to 
     such Deputy Commandant if the

[[Page 25518]]

     subordinate officer serving in the grade of rear admiral with 
     responsibilities for marine safety, security, and stewardship 
     possesses that experience.
       ``(b)(1) The appointment and the grade of vice admiral 
     under this section shall be effective on the date the officer 
     assumes that duty and, except as provided in paragraph (2) of 
     this subsection or in section 51(d) of this title, shall 
     terminate on the date the officer is detached from that duty.
       ``(2) An officer who is appointed to a position designated 
     under subsection (a) shall continue to hold the grade of vice 
     admiral--
       ``(A) while under orders transferring the officer to 
     another position designated under subsection (a), beginning 
     on the date the officer is detached from duty and terminating 
     on the date before the day the officer assumes the subsequent 
     duty, but not for more than 60 days;
       ``(B) while hospitalized, beginning on the day of the 
     hospitalization and ending on the day the officer is 
     discharged from the hospital, but not for more than 180 days; 
     and
       ``(C) while awaiting retirement, beginning on the date the 
     officer is detached from duty and ending on the day before 
     the officer's retirement, but not for more than 60 days.
       ``(c)(1) An appointment of an officer under subsection (a) 
     does not vacate the permanent grade held by the officer.
       ``(2) An officer serving in a grade above rear admiral who 
     holds the permanent grade of rear admiral (lower half) shall 
     be considered for promotion to the permanent grade of rear 
     admiral as if the officer was serving in the officer's 
     permanent grade.
       ``(d) Whenever a vacancy occurs in a position designated 
     under subsection (a), the Commandant shall inform the 
     President of the qualifications needed by an officer serving 
     in that position to carry out effectively the duties and 
     responsibilities of that position.''.
       (2) Application of deputy commandant qualification 
     requirement.--The requirement under section 50(a)(4)(A) of 
     title 14, United States Code, as amended by this subsection, 
     shall apply on and after October 1, 2011.
       (d) Repeal.--Section 50a of title 14, United States Code, 
     is repealed.
       (e) Conforming Amendment.--Section 51 of that title is 
     amended--
       (1) by amending subsections (a), (b), and (c) to read as 
     follows:
       ``(a) An officer, other than the Commandant, who, while 
     serving in the grade of admiral or vice admiral, is retired 
     for physical disability shall be placed on the retired list 
     with the highest grade in which that officer served.
       ``(b) An officer, other than the Commandant, who is retired 
     while serving in the grade of admiral or vice admiral, or 
     who, after serving at least two and one-half years in the 
     grade of admiral or vice admiral, is retired while serving in 
     a lower grade, may in the discretion of the President, be 
     retired with the highest grade in which that officer served.
       ``(c) An officer, other than the Commandant, who, after 
     serving less than two and one-half years in the grade of 
     admiral or vice admiral, is retired while serving in a lower 
     grade, shall be retired in his permanent grade.''; and
       (2) in subsection (d)(2) by striking ``Area Commander, or 
     Chief of Staff'' and inserting ``or Vice Admirals''.
       (f) Continuity of Grade.--Section 52 of title 14, United 
     States Code, is amended--
       (1) in the section heading by inserting ``and admirals'' 
     after ``Vice admirals''; and
       (2) in the text by inserting ``or admiral'' after ``vice 
     admiral'' the first time that term appears.
       (g) Continuation on Active Duty.--The second sentence of 
     section 290(a) of title 14, United States Code, is amended to 
     read as follows: ``Officers, other than the Commandant, 
     serving for the time being or who have served in the grade of 
     vice admiral or admiral are not subject to consideration for 
     continuation under this subsection, and as to all other 
     provisions of this section shall be considered as having been 
     continued in the grade of rear admiral.''.
       (h) Treatment of Incumbents; Transition.--
       (1) Vice commandant.--Notwithstanding any other provision 
     of law, the officer who, on the date of enactment of this 
     Act, is serving in the Coast Guard as Vice Commandant--
       (A) shall continue to serve as Vice Commandant;
       (B) shall have the grade of admiral with pay and allowances 
     of that grade; and
       (C) shall not be required to be reappointed by reason of 
     the enactment of this Act.
       (2)  Chief of staff, commander, atlantic area, or 
     commander, pacific area.--Notwithstanding any other provision 
     of law, an officer who, on the date of enactment of this Act, 
     is serving in the Coast Guard as Chief of Staff, Commander, 
     Atlantic Area, or Commander, Pacific Area--
       (A) shall continue to have the grade of vice admiral with 
     pay and allowance of that grade until such time that the 
     officer is relieved of his or her duties and appointed and 
     confirmed to another position as a vice admiral or admiral; 
     and
       (B) for the purposes of transition, may continue, for not 
     more than one year after the date of enactment of this Act, 
     to perform the duties of the officer's former position and 
     any other such duties that the Commandant prescribes.
       (i) Clerical Amendments.--
       (1) The table of sections at the beginning of chapter 3 of 
     title 14, United States Code, is amended--
       (A) by striking the item relating to section 47 and 
     inserting the following:

``47. Vice Commandant; appointment.'';

       (B) by striking the item relating to section 50 and 
     inserting the following:

``50. Vice admirals.'';

       (C) by striking the item relating to section 50a; and
       (D) by striking the item relating to section 52 and 
     inserting the following:

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

       (j) Technical Correction.--Section 47 of title 14, United 
     States Code, is further amended in the fifth sentence by 
     striking ``subsection'' and inserting ``section''.

                Subtitle B--Marine Safety Administration

     SEC. 721. MARINE SAFETY.

       (a) Establish Marine Safety as a Coast Guard Function.--
     Chapter 5 of title 14, United States Code, is further amended 
     by adding at the end the following new section:

     ``Sec. 101. Marine safety

       ``To protect life, property, and the environment on, under, 
     and over waters subject to the jurisdiction of the United 
     States and on vessels subject to the jurisdiction of the 
     United States, the Commandant shall promote maritime safety 
     as follows:
       ``(1) By taking actions necessary and in the public 
     interest to protect such life, property, and the environment.
       ``(2) Based on the following priorities:
       ``(A) Preventing marine casualties and threats to the 
     environment.
       ``(B) Minimizing the impacts of marine casualties and 
     environmental threats.
       ``(C) Maximizing lives and property saved and environment 
     protected in the event of a marine casualty.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such chapter is further amended by adding at the end the 
     following new item:

``101. Marine safety.''.

     SEC. 722. MARINE SAFETY STAFF.

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

     ``Sec. 57. Marine safety workforce

       ``(a) Designation of Marine Safety Workforce.--
       ``(1) In general.--The Secretary, acting through the 
     Commandant, shall designate those positions in the Coast 
     Guard that constitute the marine safety workforce.
       ``(2) Required positions.--In designating positions under 
     paragraph (1), the Secretary shall include, at a minimum, the 
     following marine safety-related positions:
       ``(A) Program oversight.
       ``(B) Vessel and facility inspection.
       ``(C) Casualty investigation.
       ``(D) Pollution investigation.
       ``(E) Merchant Mariner licensing, documentation, and 
     registry.
       ``(F) Marine safety engineering or other technical 
     activities.
       ``(3) Marine safety management headquarter activities.--The 
     Secretary shall also designate under paragraph (1) those 
     marine safety-related positions located at Coast Guard 
     headquarters units, including the Marine Safety Center and 
     the National Maritime Center.
       ``(b) Career Paths.--The Secretary, acting through the 
     Commandant, shall ensure that appropriate career paths for 
     civilian and military Coast Guard personnel who wish to 
     pursue careers in marine safety are identified in terms of 
     the education, training, experience, and assignments 
     necessary for career progression of civilians and members of 
     the Armed Forces to the most senior marine safety positions. 
     The Secretary shall make available published information on 
     such career paths.
       ``(c) Qualifications.--With regard to the marine safety 
     workforce, an officer, member, or civilian employee of the 
     Coast Guard assigned as a--
       ``(1) marine inspector shall have the training, experience, 
     and qualifications equivalent to that required for a similar 
     position at a classification society recognized by the 
     Secretary under section 3316 of title 46 for the type of 
     vessel, system, or equipment that is inspected;
       ``(2) marine casualty investigator shall have training, 
     experience, and qualifications in investigation, marine 
     casualty reconstruction, evidence collection and 
     preservation, human factors, and documentation using best 
     investigation practices by Federal and non-Federal entities; 
     or
       ``(3) marine safety engineer shall have knowledge, skill, 
     and practical experience in--
       ``(A) the construction and operation of commercial vessels;
       ``(B) judging the character, strength, stability, and 
     safety qualities of such vessels and their equipment; or
       ``(C) the qualifications and training of vessel personnel.
       ``(d) Apprenticeship Requirement.--Any officer, member, or 
     employee of the Coast Guard in training to become a marine 
     inspector, marine casualty investigator, or a marine safety 
     engineer shall serve a minimum of one-year apprenticeship, 
     unless otherwise directed by the Commandant, under the 
     guidance of a qualified marine inspector, marine casualty 
     investigator, or marine safety engineer. The Commandant may 
     authorize shorter apprenticeship periods for certain 
     qualifications, as appropriate.
       ``(e) Balanced Workforce Policy.--In the development of 
     marine safety workforce policies under this section with 
     respect to any civilian employees or applicants for 
     employment with the Coast Guard, the Secretary shall, 
     consistent with the merit system principles set out in 
     paragraphs (1) and (2) of section 2301(b) of title 5,

[[Page 25519]]

     take into consideration the need to maintain a balanced 
     workforce in which women and members of racial and ethnic 
     minority groups are appropriately represented in Government 
     service.
       ``(f) Management Information System.--The Secretary, acting 
     through the Commandant, shall establish a management 
     information system for the marine safety workforce that shall 
     provide, at a minimum, the following standardized information 
     on persons serving in marine safety positions:
       ``(1) Qualifications, assignment history, and tenure in 
     assignments of persons in the marine safety workforce.
       ``(2) Promotion rates for military and civilian personnel 
     in the marine safety workforce.
       ``(g) Assessment of Adequacy of Marine Safety Workforce.--
       ``(1) Report.--The Secretary, acting through the 
     Commandant, shall report to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate by December 1 of each year on the adequacy of the 
     current marine safety workforce to meet that anticipated 
     workload.
       ``(2) Contents.--The report shall specify the number of 
     civilian and military Coast Guard personnel currently 
     assigned to marine safety positions and shall identify 
     positions that are understaffed to meet the anticipated 
     marine safety workload.
       ``(h) Sector Chief of Marine Safety.--
       ``(1) In general.--There shall be in each Coast Guard 
     sector a Chief of Marine Safety who shall be at least a 
     Lieutenant Commander or civilian employee within the grade 
     GS-13 of the General Schedule, and who shall be a--
       ``(A) marine inspector, qualified to inspect vessels, 
     vessel systems, and equipment commonly found in the sector; 
     and
       ``(B) qualified marine casualty investigator.
       ``(2) Functions.--The Chief of Marine Safety for a sector--
       ``(A) is responsible for all individuals who, on behalf of 
     the Coast Guard, inspect or examine vessels, conduct marine 
     casualty investigations; and
       ``(B) if not the Coast Guard officer in command of that 
     sector, is the principal advisor to the Sector Commander 
     regarding marine safety matters in that sector.
       ``(i) Signatories of Letter of Qualification.--Each 
     individual signing a letter of qualification for marine 
     safety personnel must hold a letter of qualification for the 
     type being certified.

     ``Sec. 58. Centers of Expertise for Marine Safety

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

     ``Sec. 59. Marine industry training program

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

``57. Marine safety workforce.
``58. Centers of Expertise for Marine Safety.
``59. Marine industry training program.''.

     SEC. 723. MARINE SAFETY MISSION PRIORITIES AND LONG-TERM 
                   GOALS.

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

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

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

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

       (c) Certificates of Inspection.--Section 3309 of title 46, 
     United States Code, is amended by adding at the end the 
     following:

[[Page 25520]]

       ``(d) A certificate of inspection issued under this section 
     shall be signed by the senior Coast Guard member or civilian 
     employee who inspected the vessel, in addition to the officer 
     in charge of marine inspection.''.

     SEC. 724. POWERS AND DUTIES.

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

     SEC. 725. APPEALS AND WAIVERS.

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

     ``Sec. 102. Appeals and waivers

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

``102. Appeals and waivers.''.

     SEC. 726. COAST GUARD ACADEMY.

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

     ``Sec. 200. Marine safety curriculum

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

``200. Marine safety curriculum.''.

     SEC. 727. REPORT REGARDING CIVILIAN MARINE INSPECTORS.

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

                       TITLE VIII--MARINE SAFETY

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Maritime Safety Act of 
     2009''.

     SEC. 802. VESSEL SIZE LIMITS.

       (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) 
     of title 46, United States Code, is amended--
       (1) by inserting ``and'' after the semicolon at the end of 
     subparagraph (A)(i);
       (2) by striking ``and'' at the end of subparagraph (A)(ii);
       (3) by striking subparagraph (A)(iii);
       (4) by striking the period at the end of subparagraph (B) 
     and inserting ``; or''; and
       (5) by inserting at the end the following:
       ``(C) the vessel is either a rebuilt vessel or a 
     replacement vessel under section 208(g) of the American 
     Fisheries Act (title II of division C of Public Law 105-277; 
     112 Stat. 2681-627) and is eligible for a fishery endorsement 
     under this section.''.
       (b) Conforming Amendments.--
       (1) Vessel rebuilding and replacement.--Section 208(g) of 
     the American Fisheries Act (title II of division C of Public 
     Law 105-277; 112 Stat. 2681-627) is amended to read as 
     follows:
       ``(g) Vessel Rebuilding and Replacement.--
       ``(1) In general.--
       ``(A) Rebuild or replace.--Notwithstanding any limitation 
     to the contrary on replacing, rebuilding, or lengthening 
     vessels or transferring permits or licenses to a replacement 
     vessel contained in sections 679.2 and 679.4 of title 50, 
     Code of Federal Regulations, as in effect on the date of 
     enactment of the Maritime Safety Act of 2009 and except as 
     provided in paragraph (4), the owner of a vessel eligible 
     under subsection (a), (b), (c), (d), or (e) (other than 
     paragraph (21)), in order to improve vessel safety and 
     operational efficiencies (including fuel efficiency), may 
     rebuild or replace that vessel (including fuel efficiency) 
     with a vessel documented with a fishery endorsement under 
     section 12113 of title 46, United States Code.
       ``(B) Same requirements.--The rebuilt or replacement vessel 
     shall be eligible in the same manner and subject to the same 
     restrictions and limitations under such subsection as the 
     vessel being rebuilt or replaced.
       ``(C) Transfer of permits and licenses.--Each fishing 
     permit and license held by the owner of a vessel or vessels 
     to be rebuilt or replaced under subparagraph (A) shall be 
     transferred to the rebuilt or replacement vessel.
       ``(2) Recommendations of north pacific fishery management 
     council.--The North Pacific Fishery Management Council may 
     recommend for approval by the Secretary such conservation and 
     management measures, including size limits and measures to 
     control fishing capacity, in accordance with the Magnuson-
     Stevens Act as it considers necessary to ensure that this 
     subsection does not diminish the effectiveness of fishery 
     management plans of the Bering Sea and Aleutian Islands 
     Management Area or the Gulf of Alaska.
       ``(3) Special rule for replacement of certain vessels.--
       ``(A) In general.--Notwithstanding the requirements of 
     subsections (b)(2), (c)(1), and (c)(2) of section 12113 of 
     title 46, United States Code, a vessel that is eligible under 
     subsection (a), (b), (c), (d), or (e) (other than paragraph 
     (21)) and that qualifies to be documented with a fishery 
     endorsement pursuant to section 203(g) or 213(g) may be 
     replaced with a replacement vessel under paragraph (1) if the 
     vessel that is replaced is validly documented with a fishery 
     endorsement pursuant to section 203(g) or 213(g) before the 
     replacement vessel is documented with a fishery endorsement 
     under section 12113 of title 46, United States Code.
       ``(B) Applicability.--A replacement vessel under 
     subparagraph (A) and its owner and mortgagee are subject to 
     the same limitations under section 203(g) or 213(g) that are 
     applicable to the vessel that has been replaced and its owner 
     and mortgagee.
       ``(4) Special rules for certain catcher vessels.--
       ``(A) In general.--A replacement for a covered vessel 
     described in subparagraph (B) is prohibited from harvesting 
     fish in any fishery (except for the Pacific whiting fishery) 
     managed under the authority of any Regional Fishery 
     Management Council (other than the North Pacific Fishery 
     Management Council) established under section 302(a) of the 
     Magnuson-Stevens Act.
       ``(B) Covered vessels.--A covered vessel referred to in 
     subparagraph (A) is--
       ``(i) a vessel eligible under subsection (a), (b), or (c) 
     that is replaced under paragraph (1); or
       ``(ii) a vessel eligible under subsection (a), (b), or (c) 
     that is rebuilt to increase its registered length, gross 
     tonnage, or shaft horsepower.
       ``(5) Limitation on fishery endorsements.--Any vessel that 
     is replaced under this subsection shall thereafter not be 
     eligible for a fishery endorsement under section 12113 of 
     title 46, United States Code, unless that vessel is also a 
     replacement vessel described in paragraph (1).
       ``(6) Gulf of alaska limitation.--Notwithstanding paragraph 
     (1), the Secretary shall prohibit from participation in the 
     groundfish fisheries of the Gulf of Alaska any vessel that is 
     rebuilt or replaced under this subsection and that exceeds 
     the maximum length overall specified on the license that 
     authorizes fishing for groundfish pursuant to the license 
     limitation program under part 679 of title 50, Code of 
     Federal Regulations, as in effect on the date of enactment of 
     the Maritime Safety Act of 2009.
       ``(7) Authority of pacific council.--Nothing in this 
     section shall be construed to diminish or otherwise affect 
     the authority of the Pacific Council to recommend to the 
     Secretary conservation and management measures to protect 
     fisheries under its jurisdiction (including the Pacific 
     whiting fishery) and participants in such fisheries from 
     adverse impacts caused by this Act.''.
       (2) Exemption of certain vessels.--Section 203(g) of the 
     American Fisheries Act (title II of division C of Public Law 
     105-277; 112 Stat. 2681-620) is amended--
       (A) by inserting ``and'' after ``(United States official 
     number 651041)'';
       (B) by striking ``, NORTHERN TRAVELER (United States 
     official number 635986), and

[[Page 25521]]

     NORTHERN VOYAGER (United States official number 637398) (or a 
     replacement vessel for the NORTHERN VOYAGER that complies 
     with paragraphs (2), (5), and (6) of section 208(g) of this 
     Act)''; and
       (C) by striking ``, in the case of the NORTHERN'' and all 
     that follows through ``PHOENIX,''.
       (3) Fishery cooperative exit provisions.--Section 210(b) of 
     the American Fisheries Act (title II of division C of Public 
     Law 105-277; 112 Stat. 2681-629) is amended--
       (A) by moving the matter beginning with ``the Secretary 
     shall'' in paragraph (1) 2 ems to the right; and
       (B) by adding at the end the following:
       ``(7) Fishery cooperative exit provisions.--
       ``(A) Fishing allowance determination.--For purposes of 
     determining the aggregate percentage of directed fishing 
     allowances under paragraph (1), when a catcher vessel is 
     removed from the directed pollock fishery, the fishery 
     allowance for pollock for the vessel being removed--
       ``(i) shall be based on the catch history determination for 
     the vessel made pursuant to section 679.62 of title 50, Code 
     of Federal Regulations, as in effect on the date of enactment 
     of the Maritime Safety Act of 2009; and
       ``(ii) shall be assigned, for all purposes under this 
     title, in the manner specified by the owner of the vessel 
     being removed to any other catcher vessel or among other 
     catcher vessels participating in the fishery cooperative if 
     such vessel or vessels remain in the fishery cooperative for 
     at least one year after the date on which the vessel being 
     removed leaves the directed pollock fishery.
       ``(B) Eligibility for fishery endorsement.--Except as 
     provided in subparagraph (C), a vessel that is removed 
     pursuant to this paragraph shall be permanently ineligible 
     for a fishery endorsement, and any claim (including relating 
     to catch history) associated with such vessel that could 
     qualify any owner of such vessel for any permit to 
     participate in any fishery within the exclusive economic zone 
     of the United States shall be extinguished, unless such 
     removed vessel is thereafter designated to replace a vessel 
     to be removed pursuant to this paragraph.
       ``(C) Limitations on statutory construction.--Nothing in 
     this paragraph shall be construed--
       ``(i) to make the vessels AJ (United States official number 
     905625), DONA MARTITA (United States official number 651751), 
     NORDIC EXPLORER (United States official number 678234), and 
     PROVIDIAN (United States official number 1062183) ineligible 
     for a fishery endorsement or any permit necessary to 
     participate in any fishery under the authority of the New 
     England Fishery Management Council or the Mid-Atlantic 
     Fishery Management Council established, respectively, under 
     subparagraphs (A) and (B) of section 302(a)(1) of the 
     Magnuson-Stevens Act; or
       ``(ii) to allow the vessels referred to in clause (i) to 
     participate in any fishery under the authority of the 
     Councils referred to in clause (i) in any manner that is not 
     consistent with the fishery management plan for the fishery 
     developed by the Councils under section 303 of the Magnuson-
     Stevens Act.''.

     SEC. 803. COLD WEATHER SURVIVAL TRAINING.

       The Commandant of the Coast Guard shall report to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate on the efficacy of cold 
     weather survival training conducted by the Coast Guard in 
     Coast Guard District 17 over the preceding 5 years. The 
     report shall include plans for conducting such training in 
     fiscal years 2010 through 2013.

     SEC. 804. FISHING VESSEL SAFETY.

       (a) Safety Standards.--Section 4502 of title 46, United 
     States Code, is amended--
       (1) in subsection (a), by--
       (A) striking paragraphs (6) and (7) and inserting the 
     following:
       ``(6) other equipment required to minimize the risk of 
     injury to the crew during vessel operations, if the Secretary 
     determines that a risk of serious injury exists that can be 
     eliminated or mitigated by that equipment; and''; and
       (B) redesignating paragraph (8) as paragraph (7);
       (2) in subsection (b)--
       (A) in paragraph (1) in the matter preceding subparagraph 
     (A), by striking ``documented'';
       (B) in paragraph (1)(A), by striking ``the Boundary Line'' 
     and inserting ``3 nautical miles from the baseline from which 
     the territorial sea of the United States is measured or 
     beyond 3 nautical miles from the coastline of the Great 
     Lakes'';
       (C) in paragraph (2)(B), by striking ``lifeboats or 
     liferafts'' and inserting ``a survival craft that ensures 
     that no part of an individual is immersed in water'';
       (D) in paragraph (2)(D), by inserting ``marine'' before 
     ``radio'';
       (E) in paragraph (2)(E), by striking ``radar reflectors, 
     nautical charts, and anchors'' and inserting ``nautical 
     charts, and publications'';
       (F) in paragraph (2)(F), by striking ``, including medicine 
     chests'' and inserting ``and medical supplies sufficient for 
     the size and area of operation of the vessel'' and
       (G) by amending paragraph (2)(G) to read as follows:
       ``(G) ground tackle sufficient for the vessel.'';
       (3) by amending subsection (f) to read as follows:
       ``(f) To ensure compliance with the requirements of this 
     chapter, the Secretary--
       ``(1) shall require the individual in charge of a vessel 
     described in subsection (b) to keep a record of equipment 
     maintenance, and required instruction and drills; and
       ``(2) shall examine at dockside a vessel described in 
     subsection (b) at least once every 2 years, and shall issue a 
     certificate of compliance to a vessel meeting the 
     requirements of this chapter.''; and
       (4) by adding at the end the following:
       ``(g)(1) The individual in charge of a vessel described in 
     subsection (b) must pass a training program approved by the 
     Secretary that meets the requirements in paragraph (2) of 
     this subsection and hold a valid certificate issued under 
     that program.
       ``(2) The training program shall--
       ``(A) be based on professional knowledge and skill obtained 
     through sea service and hands-on training, including training 
     in seamanship, stability, collision prevention, navigation, 
     fire fighting and prevention, damage control, personal 
     survival, emergency medical care, emergency drills, and 
     weather;
       ``(B) require an individual to demonstrate ability to 
     communicate in an emergency situation and understand 
     information found in navigation publications;
       ``(C) recognize and give credit for recent past experience 
     in fishing vessel operation; and
       ``(D) provide for issuance of a certificate to an 
     individual that has successfully completed the program.
       ``(3) The Secretary shall prescribe regulations 
     implementing this subsection. The regulations shall require 
     that individuals who are issued a certificate under paragraph 
     (2)(D) must complete refresher training at least once every 5 
     years as a condition of maintaining the validity of the 
     certificate.
       ``(4) The Secretary shall establish a publicly accessible 
     electronic database listing the names of individuals who have 
     participated in and received a certificate confirming 
     successful completion of a training program approved by the 
     Secretary under this section.
       ``(h) A vessel to which this chapter applies shall be 
     constructed in a manner that provides a level of safety 
     equivalent to the minimum safety standards the Secretary may 
     established for recreational vessels under section 4302, if--
       ``(1) subsection (b) of this section applies to the vessel;
       ``(2) the vessel is less than 50 feet overall in length; 
     and
       ``(3) the vessel is built after January 1, 2010.
       ``(i)(1) The Secretary shall establish a Fishing Safety 
     Training Grants Program to provide funding to municipalities, 
     port authorities, other appropriate public entities, not-for-
     profit organizations, and other qualified persons that 
     provide commercial fishing safety training--
       ``(A) to conduct fishing vessel safety training for vessel 
     operators and crewmembers that--
       ``(i) in the case of vessel operators, meets the 
     requirements of subsection (g); and
       ``(ii) in the case of crewmembers, meets the requirements 
     of subsection (g)(2)(A), such requirements of subsection 
     (g)(2)(B) as are appropriate for crewmembers, and the 
     requirements of subsections (g)(2)(D), (g)(3), and (g)(4); 
     and
       ``(B) for purchase of safety equipment and training aids 
     for use in those fishing vessel safety training programs.
       ``(2) The Secretary shall award grants under this 
     subsection on a competitive basis.
       ``(3) The Federal share of the cost of any activity carried 
     out with a grant under this subsection shall not exceed 75 
     percent.
       ``(4) There is authorized to be appropriated $3,000,000 for 
     each of fiscal years 2010 through 2014 for grants under this 
     subsection.
       ``(j)(1) The Secretary shall establish a Fishing Safety 
     Research Grant Program to provide funding to individuals in 
     academia, members of non-profit organizations and businesses 
     involved in fishing and maritime matters, and other persons 
     with expertise in fishing safety, to conduct research on 
     methods of improving the safety of the commercial fishing 
     industry, including vessel design, emergency and survival 
     equipment, enhancement of vessel monitoring systems, 
     communications devices, de-icing technology, and severe 
     weather detection.
       ``(2) The Secretary shall award grants under this 
     subsection on a competitive basis.
       ``(3) The Federal share of the cost of any activity carried 
     out with a grant under this subsection shall not exceed 75 
     percent.
       ``(4) There is authorized to be appropriated $3,000,000 for 
     each fiscal years 2010 through 2014 for activities under this 
     subsection.''.
       (b) Conforming Amendment.--Section 4506(b) of title 46, 
     United States Code, is repealed.
       (c) Advisory Committee.--
       (1) Change of name.--Section 4508 of title 46, United 
     States Code, is amended--
       (A) by striking the section heading and inserting the 
     following:

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

     and
       (B) in subsection (a) by striking ``Industry Vessel''.
       (2) Membership requirements.--Section 4508(b)(1) of that 
     title is amended--
       (A) by striking ``seventeen'' and inserting ``eighteen'';
       (B) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking ``from 
     the commercial fishing industry who--'' and inserting ``who 
     shall represent the commercial fishing industry and who--''; 
     and
       (ii) in clause (ii), by striking ``an uninspected'' and 
     inserting ``a'';
       (C) by striking subparagraph (B) and inserting the 
     following:

[[Page 25522]]

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

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

       (d) Loadlines for Vessels 79 Feet or Greater in Length.--
     Section 5102(b)(3) of title 46, United States Code, is 
     amended by inserting after ``vessel'' the following ``, 
     unless the vessel is built or undergoes a major conversion 
     completed after July 1, 2010''.
       (e) Classing of Vessels.--
       (1) In general.--Section 4503 of title 46, United States 
     Code, is amended--
       (A) by striking the section heading and inserting the 
     following:

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

       (B) in subsection (a) by striking ``fish processing''; and
       (C) by adding at the end the following:
       ``(c) This section applies to a vessel to which section 
     4502(b) of this title applies that is at least 50 feet 
     overall in length and--
       ``(1) is built after July 1, 2010; or
       ``(2) undergoes a major conversion completed after that 
     date.
       ``(d)(1) After January 1, 2020, a fishing vessel, fish 
     processing vessel, or fish tender vessel to which section 
     4502(b) of this title applies shall comply with an alternate 
     safety compliance program that is developed in cooperation 
     with the commercial fishing industry and prescribed by the 
     Secretary, if the vessel--
       ``(A) is at least 50 feet overall in length;
       ``(B) is built before July 1, 2010; and
       ``(C) is 25 years of age or older.
       ``(2) Alternative safety compliance programs may be 
     developed for purposes of paragraph (1) for specific regions 
     and fisheries.
       ``(3) A fishing vessel, fish processing vessel, or fish 
     tender vessel to which section 4502(b) of this title applies 
     that was classed before July 1, 2010, shall--
       ``(A) remain subject to the requirements of a 
     classification society approved by the Secretary; and
       ``(B) have on board a certificate from that society.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 45 of title 46, United States Code, is 
     amended by striking the item relating to such section and 
     inserting the following:

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

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

     SEC. 805. MARINER RECORDS.

       Section 7502 of title 46, United States Code, is amended--
       (1) by inserting ``(a)'' before ``The'';
       (2) by striking ``computerized records'' and inserting 
     ``records, including electronic records,''; and
       (3) by adding at the end the following:
       ``(b) The Secretary may prescribe regulations requiring a 
     vessel owner or managing operator of a commercial vessel, or 
     the employer of a seaman on that vessel, to maintain records 
     of each individual engaged on the vessel on matters of 
     engagement, discharge, and service for not less than 5 years 
     after the date of the completion of the service of that 
     individual on the vessel. The regulations may require that a 
     vessel owner, managing operator, or employer shall make these 
     records available to the individual and the Coast Guard on 
     request.
       ``(c) A person violating this section, or a regulation 
     prescribed under this section, is liable to the United States 
     Government for a civil penalty of not more than $5,000.''.

     SEC. 806. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR 
                   OPERATORS OF CERTAIN TOWING VESSELS.

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

     SEC. 807. LOG BOOKS.

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

     ``Sec. 11304. Additional logbook and entry requirements

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

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

     SEC. 808. SAFE OPERATIONS AND EQUIPMENT STANDARDS.

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

     ``Sec. 2117. Termination for unsafe operation

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

     ``Sec. 2118. Establishment of equipment standards

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

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

     SEC. 809. APPROVAL OF SURVIVAL CRAFT.

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

     ``Sec. 3104. Survival craft

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

``3104. Survival craft.''.

     SEC. 810. SAFETY MANAGEMENT.

       (a) Vessels to Which Requirements Apply.--Section 3202 of 
     title 46, United States Code, is amended--
       (1) in subsection (a) by striking the heading and inserting 
     ``Foreign Voyages and Foreign Vessels.--'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Other Passenger Vessels.--This chapter applies to a 
     vessel that is--
       ``(1) a passenger vessel or small passenger vessel; and
       ``(2) is transporting more passengers than a number 
     prescribed by the Secretary based on the number of 
     individuals on the vessel that could be killed or injured in 
     a marine casualty.'';
       (4) in subsection (d), as so redesignated, by striking 
     ``subsection (b)'' and inserting ``subsection (c)''; and
       (5) in subsection (d)(4), as so redesignated, by inserting 
     ``that is not described in subsection (b) of this section'' 
     after ``waters''.
       (b) Safety Management System.--Section 3203 of title 46, 
     United States Code, is amended

[[Page 25523]]

     by adding at the end the following new subsection:
       ``(c) In prescribing regulations for passenger vessels and 
     small passenger vessels, the Secretary shall consider--
       ``(1) the characteristics, methods of operation, and nature 
     of the service of these vessels; and
       ``(2) with respect to vessels that are ferries, the sizes 
     of the ferry systems within which the vessels operate.''.

     SEC. 811. PROTECTION AGAINST DISCRIMINATION.

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

     SEC. 812. OIL FUEL TANK PROTECTION.

       Section 3306 of title 46, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(k)(1) Each vessel of the United States that is 
     constructed under a contract entered into after the date of 
     enactment of the Maritime Safety Act of 2009, or that is 
     delivered after January 1, 2011, with an aggregate capacity 
     of 600 cubic meters or more of oil fuel, shall comply with 
     the requirements of Regulation 12A under Annex I to the 
     Protocol of 1978 relating to the International Convention for 
     the Prevention of Pollution from Ships, 1973, entitled `Oil 
     Fuel Tank Protection'.
       ``(2) The Secretary may prescribe regulations to apply the 
     requirements described in Regulation 12A to vessels described 
     in paragraph (1) that are not otherwise subject to that 
     convention. Any such regulation shall be considered to be an 
     interpretive rule for the purposes of section 553 of title 5.
       ``(3) In this subsection the term `oil fuel' means any oil 
     used as fuel in connection with the propulsion and auxiliary 
     machinery of the vessel in which such oil is carried.''.

     SEC. 813. OATHS.

       Sections 7105 and 7305 of title 46, United States Code, and 
     the items relating to such sections in the analysis for 
     chapters 71 and 73 of such title, are repealed.

     SEC. 814. DURATION OF CREDENTIALS.

       (a) Merchant Mariner's Documents.--Section 7302(f) of title 
     46, United States Code, is amended to read as follows:
       ``(f) Periods of Validity and Renewal of Merchant Mariners' 
     Documents.--
       ``(1) In general.--Except as provided in subsection (g), a 
     merchant mariner's document issued under this chapter is 
     valid for a 5-year period and may be renewed for additional 
     5-year periods.
       ``(2) Advance renewals.--A renewed merchant mariner's 
     document may be issued under this chapter up to 8 months in 
     advance but is not effective until the date that the 
     previously issued merchant mariner's document expires or 
     until the completion of any active suspension or revocation 
     of that previously issued merchant mariner's document, 
     whichever is later.''.
       (b) Duration of Licenses.--Section 7106 of such title is 
     amended to read as follows:

     ``Sec. 7106. Duration of licenses

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

     ``Sec. 7107. Duration of certificates of registry

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

     SEC. 815. FINGERPRINTING.

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

     ``Sec. 7507. Fingerprinting

       ``The Secretary of the Department in which the Coast Guard 
     is operating may not require an individual to be 
     fingerprinted for the issuance or renewal of a license, a 
     certificate of registry, or a merchant mariner's document 
     under chapter 71 or 73 if the individual was fingerprinted 
     when the individual applied for a transportation security 
     card under section 70105.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``7507. Fingerprinting.''.

     SEC. 816. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, 
                   CERTIFICATES OF REGISTRY, AND MERCHANT 
                   MARINERS' DOCUMENTS.

       (a) Merchant Mariner Licenses and Documents.--Chapter 75 of 
     title 46, United States Code, as amended by section 815(a) of 
     this title, is further amended by adding at the end the 
     following:

     ``Sec. 7508. Authority to extend the duration of licenses, 
       certificates of registry, and merchant mariner documents

       ``(a) Licenses and Certificates of Registry.--
     Notwithstanding sections 7106 and 7107, the Secretary of the 
     department in which the Coast Guard is operating may--
       ``(1) extend for not more than one year an expiring license 
     or certificate of registry issued for an individual under 
     chapter 71 if the Secretary determines that the extension is 
     required to enable the Coast Guard to eliminate a backlog in 
     processing applications for those licenses or certificates of 
     registry or in response to a national emergency or natural 
     disaster, as deemed necessary by the Secretary; or
       ``(2) issue for not more than five years an expiring 
     license or certificate of registry issued for an individual 
     under chapter 71 for the exclusive purpose of aligning the 
     expiration date of such license or certificate of registry 
     with the expiration date of a merchant mariner's document.
       ``(b) Merchant Mariner Documents.--Notwithstanding section 
     7302(g), the Secretary may--
       ``(1) extend for not more than one year an expiring 
     merchant mariner's document issued for an individual under 
     chapter 71 if the Secretary determines that the extension is 
     required to enable the Coast Guard to eliminate a backlog in 
     processing applications for those licenses or certificates of 
     registry or in response to a national emergency or natural 
     disaster, as deemed necessary by the Secretary; or
       ``(2) issue for not more than five years an expiring 
     merchant mariner's document issued for an individual under 
     chapter 71 for the exclusive purpose of aligning the 
     expiration date of such merchant mariner's document with the 
     expiration date of a merchant mariner's document.
       ``(c) Manner of Extension.--Any extensions granted under 
     this section may be granted to individual seamen or a 
     specifically identified group of seamen.''.
       (b) Clerical Amendment.--The analysis for such chapter, as 
     amended by section 815(b), is further amended by adding at 
     the end the following:

``7508. Authority to extend the duration of licenses, certificates of 
              registry, and merchant mariner documents.''.

     SEC. 817. MERCHANT MARINER DOCUMENTATION.

       (a) Interim Clearance Process.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating shall 
     develop an interim clearance process for issuance of a 
     merchant mariner document to enable a newly hired seaman to 
     begin working on an offshore supply vessel or towing vessel 
     if the Secretary makes an initial determination that the 
     seaman does not pose a safety and security risk.
       (b) Contents of Process.--The process under subsection (a) 
     shall include a check against the consolidated and integrated 
     terrorist watch list maintained by the Federal Government, 
     review of the seaman's criminal record, and review of the 
     results of testing the seaman for use of a dangerous drug (as 
     defined in section 2101 of title 46, United States Code) in 
     violation of law or Federal regulation.

     SEC. 818. MERCHANT MARINER ASSISTANCE REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, the Commandant of the

[[Page 25524]]

     Coast Guard shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report regarding the feasibility of--
       (1) expanding the streamlined evaluation process program 
     that was affiliated with the Houston Regional Examination 
     Center of the Coast Guard to all processing centers of the 
     Coast Guard nationwide;
       (2) including proposals to simplify the application process 
     for a license as an officer, staff officer, or operator and 
     for a merchant mariner's document to help eliminate errors by 
     merchant mariners when completing the application form (CG-
     719B), including instructions attached to the application 
     form and a modified application form for renewals with 
     questions pertaining only to the period of time since the 
     previous application;
       (3) providing notice to an applicant of the status of the 
     pending application, including a process to allow the 
     applicant to check on the status of the application by 
     electronic means; and
       (4) ensuring that all information collected with respect to 
     applications for new or renewed licenses, merchant mariner 
     documents, and certificates of registry is retained in a 
     secure electronic format.

     SEC. 819. OFFSHORE SUPPLY VESSELS.

       (a) Definition.--Section 2101(19) of title 46, United 
     States Code, is amended by striking ``of more than 15 gross 
     tons but less than 500 gross tons as measured under section 
     14502 of this title, or an alternate tonnage measured under 
     section 14302 of this title as prescribed by the Secretary 
     under section 14104 of this title''.
       (b) Exemption.--Section 5209(b)(1) of the Oceans Act of 
     1992 (Public Law 102-587; 46 U.S.C. 2101 note) is amended by 
     inserting before the period at the end the following: ``of 
     less than 500 gross tons as measured under section 14502, or 
     an alternate tonnage measured under section 14302 of this 
     title as prescribed by the Secretary under section 14104 of 
     this title''.
       (c) Removal of Tonnage Limits.--
       (1) Able seamen-offshore supply vessels.--Section 7310 of 
     title 46, United States Code, is amended by striking ``of 
     less than 500 gross tons as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title''.
       (2) Scale of employment: able seamen.--Section 7312(d) of 
     title 46, United States Code, is amended by striking ``of 
     less than 500 gross tons as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title''.
       (d) Watches.--Section 8104 of title 46, United States Code, 
     is amended--
       (1) in subsection (g), by inserting after ``offshore supply 
     vessel'' the following: ``of less than 500 gross tons as 
     measured under section 14502 of this title, or less than 
     6,000 gross tons as measured under section 14302 of this 
     title as prescribed by the Secretary under section 14104 of 
     this title'';
       (2) in subsection (d), by inserting ``(1)'' after ``(d)'', 
     and by adding at the end the following:
       ``(2) Paragraph (1) does not apply to an offshore supply 
     vessel of at least 6,000 gross tons as measured under section 
     14302 of this title if the individuals engaged on the vessel 
     are in compliance with hours of service requirements 
     (including recording and record-keeping of that service) 
     prescribed by the Secretary.''; and
       (3) in subsection (e), by striking ``subsection (d)'' and 
     inserting ``subsection (d)(1)''.
       (e) Minimum Number of Licensed Individuals.--Section 
     8301(b) of title 46, United States Code, is amended to read 
     as follows:
       ``(b)(1) An offshore supply vessel of less than 6,000 gross 
     tons, as measured under section 14302 of this title, on a 
     voyage of less than 600 miles shall have at least one 
     licensed mate. Such a vessel on a voyage of 600 miles or more 
     shall have two licensed mates.
       ``(2) An offshore supply vessel of more than 200 gross tons 
     as measured under section 14502 of this title, or an 
     alternate tonnage measured under section 14302 of this title 
     as prescribed by the Secretary under section 14104 of this 
     title, may not be operated without a licensed engineer.
       ``(3) An offshore supply vessel shall have at least one 
     mate. Additional mates on an offshore supply vessel of at 
     least 6,000 gross tons as measured under section 14302 of 
     this title shall be prescribe in accordance with hours of 
     service requirements (including recording and record-keeping 
     of that service) prescribed by the Secretary.''.
       (f) Regulations.--
       (1) In general.--The Secretary of the department in which 
     the Coast Guard is operating shall promulgate regulations to 
     implement the amendments enacted by this section and chapter 
     37 of title 46, United States Code, for offshore supply 
     vessels of at least 6,000 gross tons, before January 1, 2010.
       (2) Interim final rule authority.--The Secretary shall 
     issue an interim final rule as a temporary regulation 
     implementing this section (including the amendments made by 
     this section), and chapter 37 of title 46, United States 
     Code, for offshore supply vessels of at least 6,000 gross 
     tons, as soon as practicable after the date of enactment of 
     this section, without regard to the provisions of chapter 5 
     of title 5, United States Code. All regulations prescribed 
     under the authority of this paragraph that are not earlier 
     superseded by final regulations shall expire not later than 1 
     year after the date of enactment of this Act.
       (3) Initiation of rulemaking.--The Secretary may initiate a 
     rulemaking to implement this section (including the 
     amendments made by this section), and chapter 37 of title 46, 
     United States Code, for offshore supply vessels of at least 
     6,000 gross tons, as soon as practicable after the date of 
     enactment of this section. The final rule issued pursuant to 
     that rulemaking may supersede the interim final rule 
     promulgated under this subsection.
       (4) Interim period.--After the date of enactment of this 
     Act and prior to the effective date of the regulations 
     promulgated to implement the amendments enacted by this 
     section under paragraph (2), and notwithstanding the tonnage 
     limits of applicable regulations promulgated prior to the 
     date of enactment of this Act, the Secretary may--
       (A) issue a certificate of inspection under section 3309 of 
     title 46, United States Code, to an offshore supply vessel of 
     at least 500 gross tons as measured under section 14502 of 
     title 46, United States Code, or of at least 6,000 gross tons 
     as measured under section 14302 of title 46, United States 
     Code, if the Secretary determines that such vessel's 
     arrangements, equipment, classification, and certifications 
     provide for the safe carriage of individuals in addition to 
     the crew and oil and hazardous substances, taking into 
     consideration the characteristics of offshore supply vessels, 
     their methods of operation, and their service in support of 
     exploration, exploitation, or production of offshore mineral 
     or energy resources;
       (B) for the purpose of enforcing chapter 37 of title 46, 
     United States Code, use tank vessel standards for offshore 
     supply vessels of at least 6,000 gross tons after considering 
     the characteristics, methods of operation, and nature of the 
     service of the vessel; and
       (C) authorize a master, mate, or engineer whom the 
     Secretary decides possesses the experience on an offshore 
     supply vessel under 6,000 gross tons to serve on an offshore 
     supply vessel over at least 6,000 gross tons.

     SEC. 820. ASSOCIATED EQUIPMENT.

       Section 2101(1)(B) of title 46, United States Code, is 
     amended by inserting ``with the exception of emergency 
     locator beacons,'' before ``does''.

     SEC. 821. LIFESAVING DEVICES ON UNINSPECTED VESSELS.

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

     SEC. 822. STUDY OF BLENDED FUELS IN MARINE APPLICATION.

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

     SEC. 823. RENEWAL OF ADVISORY COMMITTEES.

       (a) Great Lakes Pilotage Advisory Committee.--Section 
     9307(f)(1) of title 46, United States Code, is amended by 
     striking ``September 30, 2010.'' and inserting ``September 
     30, 2020.''.
       (b) National Boating Safety Advisory Council.--Section 
     13110 of title 46, United States Code, is amended--

[[Page 25525]]

       (1) in subsection (d), by striking the first sentence; and
       (2) in subsection (e), by striking ``September 30, 2010.'' 
     and inserting ``September 30, 2020.''.
       (c) Houston-Galveston Navigation Safety Advisory 
     Committee.--Section 18(h) of the Coast Guard Authorization 
     Act of 1991 (Public Law 102-241 as amended by Public Law 104-
     324) is amended by striking ``September 30, 2010.'' and 
     inserting ``September 30, 2020.''.
       (d) Lower Mississippi River Waterway Safety Advisory 
     Committee.--Section 19 of the Coast Guard Authorization Act 
     of 1991 (Public Law 102-241) is amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``twenty-four'' and inserting ``twenty-five''; and
       (B) by adding at the end the following new paragraph:
       ``(12) One member representing the Associated Federal 
     Pilots and Docking Masters of Louisiana.''; and
       (2) in subsection (g), by striking ``September 30, 2010.'' 
     and inserting ``September 30, 2020.''.
       (e) Towing Safety Advisory Committee.--The Act to Establish 
     a Towing Safety Advisory Committee in the Department of 
     Transportation (33 U.S.C. 1231a) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) There is established a Towing Safety Advisory 
     Committee (hereinafter referred to as the `Committee'). The 
     Committee shall consist of eighteen members with particular 
     expertise, knowledge, and experience regarding shallow-draft 
     inland and coastal waterway navigation and towing safety as 
     follows:
       ``(1) Seven members representing the barge and towing 
     industry, reflecting a regional geographic balance.
       ``(2) One member representing the offshore mineral and oil 
     supply vessel industry.
       ``(3) One member representing holders of active licensed 
     Masters or Pilots of towing vessels with experience on the 
     Western Rivers and the Gulf Intracoastal Waterway.
       ``(4) One member representing the holders of active 
     licensed Masters of towing vessels in offshore service.
       ``(5) One member representing Masters who are active ship-
     docking or harbor towing vessel.
       ``(6) One member representing licensed or unlicensed towing 
     vessel engineers with formal training and experience.
       ``(7) Two members representing each of the following 
     groups:
       ``(A) Port districts, authorities, or terminal operators.
       ``(B) Shippers (of whom at least one shall be engaged in 
     the shipment of oil or hazardous materials by barge).
       ``(8) Two members representing the general public.''; and
       (2) in subsection (e), by striking ``September 30, 2010.'' 
     and inserting ``September 30, 2020.''.
       (f) Navigation Safety Advisory Council.--Section 5 of the 
     Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is 
     amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Establishment of Council.--
       ``(1) In general.--The Secretary of the department in which 
     the Coast Guard is operating shall establish a Navigation 
     Safety Advisory Council (hereinafter referred to as the 
     `Council'), consisting of not more than 21 members. All 
     members shall have expertise in Inland and International 
     vessel navigation Rules of the Road, aids to maritime 
     navigation, maritime law, vessel safety, port safety, or 
     commercial diving safety. Upon appointment, all non-Federal 
     members shall be designated as representative members to 
     represent the viewpoints and interests of one of the 
     following groups or organizations:
       ``(A) Commercial vessel owners or operators.
       ``(B) Professional mariners.
       ``(C) Recreational boaters.
       ``(D) The recreational boating industry.
       ``(E) State agencies responsible for vessel or port safety.
       ``(F) The Maritime Law Association.
       ``(2) Panels.--Additional persons may be appointed to 
     panels of the Council to assist the Council in performance of 
     its functions.
       ``(3) Nominations.--The Secretary, through the Coast Guard 
     Commandant, shall not less often than once a year publish a 
     notice in the Federal Register soliciting nominations for 
     membership on the Council.
       ``(b) Functions.--The Council shall advise, consult with, 
     and make recommendations to the Secretary, through the Coast 
     Guard Commandant, on matters relating to maritime collisions, 
     rammings, groundings, Inland Rules of the Road, International 
     Rules of the Road, navigation regulations and equipment, 
     routing measures, marine information, diving safety, and aids 
     to navigation systems. Any advice and recommendations made by 
     the Council to the Secretary shall reflect the independent 
     judgment of the Council on the matter concerned. The Council 
     shall meet at the call of the Coast Guard Commandant, but in 
     any event not less than twice during each calendar year. All 
     proceedings of the Council shall be public, and a record of 
     the proceedings shall be made available for public 
     inspection.''; and
       (2) in subsection (d), by striking ``September 30, 2010.'' 
     and inserting ``September 30, 2020.''.

                     TITLE IX--CRUISE VESSEL SAFETY

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Cruise Vessel Security and 
     Safety Act of 2009''.

     SEC. 902. FINDINGS.

       The Congress makes the following findings:
       (1) There are approximately 200 overnight ocean-going 
     cruise vessels worldwide. The average ocean-going cruise 
     vessel carries 2,000 passengers with a crew of 950 people.
       (2) In 2007 alone, approximately 12,000,000 passengers were 
     projected to take a cruise worldwide.
       (3) Passengers on cruise vessels have an inadequate 
     appreciation of their potential vulnerability to crime while 
     on ocean voyages, and those who may be victimized lack the 
     information they need to understand their legal rights or to 
     know whom to contact for help in the immediate aftermath of 
     the crime.
       (4) Sexual violence, the disappearance of passengers from 
     vessels on the high seas, and other serious crimes have 
     occurred during luxury cruises.
       (5) Over the last 5 years, sexual assault and physical 
     assaults on cruise vessels were the leading crimes 
     investigated by the Federal Bureau of Investigation with 
     regard to cruise vessel incidents.
       (6) These crimes at sea can involve attacks both by 
     passengers and crew members on other passengers and crew 
     members.
       (7) Except for United States flagged vessels, or foreign 
     flagged vessels operating in an area subject to the direct 
     jurisdiction of the United States, there are no Federal 
     statutes or regulations that explicitly require cruise lines 
     to report alleged crimes to United States Government 
     officials.
       (8) It is not known precisely how often crimes occur on 
     cruise vessels or exactly how many people have disappeared 
     during ocean voyages because cruise line companies do not 
     make comprehensive, crime-related data readily available to 
     the public.
       (9) Obtaining reliable crime-related cruise data from 
     governmental sources can be difficult, because multiple 
     countries may be involved when a crime occurs on the high 
     seas, including the flag country for the vessel, the country 
     of citizenship of particular passengers, and any countries 
     having special or maritime jurisdiction.
       (10) It can be difficult for professional crime 
     investigators to immediately secure an alleged crime scene on 
     a cruise vessel, recover evidence of an onboard offense, and 
     identify or interview potential witnesses to the alleged 
     crime.
       (11) Most cruise vessels that operate into and out of 
     United States ports are registered under the laws of another 
     country, and investigations and prosecutions of crimes 
     against passengers and crew members may involve the laws and 
     authorities of multiple nations.
       (12) The Coast Guard has found it necessary to establish 
     500-yard security zones around cruise vessels to limit the 
     risk of terrorist attack. Recently piracy has dramatically 
     increased throughout the world.
       (13) To enhance the safety of cruise passengers, the owners 
     of cruise vessels could upgrade, modernize, and retrofit the 
     safety and security infrastructure on such vessels by 
     installing peep holes in passenger room doors, installing 
     security video cameras in targeted areas, limiting access to 
     passenger rooms to select staff during specific times, and 
     installing acoustic hailing and warning devices capable of 
     communicating over distances.

     SEC. 903. CRUISE VESSEL SECURITY AND SAFETY REQUIREMENTS.

       (a) In General.--Chapter 35 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3507. Passenger vessel security and safety 
       requirements

       ``(a) Vessel Design, Equipment, Construction, and 
     Retrofitting Requirements.--
       ``(1) In general.--Each vessel to which this subsection 
     applies shall comply with the following design and 
     construction standards:
       ``(A) The vessel shall be equipped with ship rails that are 
     located not less than 42 inches above the cabin deck.
       ``(B) Each passenger stateroom and crew cabin shall be 
     equipped with entry doors that include peep holes or other 
     means of visual identification.
       ``(C) For any vessel the keel of which is laid after the 
     date of enactment of the Cruise Vessel Security and Safety 
     Act of 2009, each passenger stateroom and crew cabin shall be 
     equipped with--
       ``(i) security latches; and
       ``(ii) time-sensitive key technology.
       ``(D) The vessel shall integrate technology that can be 
     used for capturing images of passengers or detecting 
     passengers who have fallen overboard, to the extent that such 
     technology is available.
       ``(E) The vessel shall be equipped with a sufficient number 
     of operable acoustic hailing or other such warning devices to 
     provide communication capability around the entire vessel 
     when operating in high risk areas (as defined by the United 
     States Coast Guard).
       ``(2) Fire safety codes.--In administering the requirements 
     of paragraph (1)(C), the Secretary shall take into 
     consideration fire safety and other applicable emergency 
     requirements established by the U.S. Coast Guard and under 
     international law, as appropriate.
       ``(3) Effective date.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the requirements of paragraph (1) shall take effect 18 months 
     after the date of enactment of the Cruise Vessel Security and 
     Safety Act of 2009.
       ``(B) Latch and key requirements.--The requirements of 
     paragraph (1)(C) take effect on the date of enactment of the 
     Cruise Vessel Security and Safety Act of 2009.

[[Page 25526]]

       ``(b) Video Recording.--
       ``(1) Requirement to maintain surveillance.--The owner of a 
     vessel to which this section applies shall maintain a video 
     surveillance system to assist in documenting crimes on the 
     vessel and in providing evidence for the prosecution of such 
     crimes, as determined by the Secretary.
       ``(2) Access to video records.--The owner of a vessel to 
     which this section applies shall provide to any law 
     enforcement official performing official duties in the course 
     and scope of an investigation, upon request, a copy of all 
     records of video surveillance that the official believes may 
     provide evidence of a crime reported to law enforcement 
     officials.
       ``(c) Safety Information.--The owner of a vessel to which 
     this section applies shall provide in each passenger 
     stateroom, and post in a location readily accessible to all 
     crew and in other places specified by the Secretary, 
     information regarding the locations of the United States 
     embassy and each consulate of the United States for each 
     country the vessel will visit during the course of the 
     voyage.
       ``(d) Sexual Assault.--The owner of a vessel to which this 
     section applies shall--
       ``(1) maintain on the vessel adequate, in-date supplies of 
     anti-retroviral medications and other medications designed to 
     prevent sexually transmitted diseases after a sexual assault;
       ``(2) maintain on the vessel equipment and materials for 
     performing a medical examination in sexual assault cases to 
     evaluate the patient for trauma, provide medical care, and 
     preserve relevant medical evidence;
       ``(3) make available on the vessel at all times medical 
     staff who have undergone a credentialing process to verify 
     that he or she--
       ``(A) possesses a current physician's or registered nurse's 
     license and--
       ``(i) has at least 3 years of post-graduate or post-
     registration clinical practice in general and emergency 
     medicine; or
       ``(ii) holds board certification in emergency medicine, 
     family practice medicine, or internal medicine;
       ``(B) is able to provide assistance in the event of an 
     alleged sexual assault, has received training in conducting 
     forensic sexual assault examination, and is able to promptly 
     perform such an examination upon request and provide proper 
     medical treatment of a victim, including administration of 
     anti-retroviral medications and other medications that may 
     prevent the transmission of human immunodeficiency virus and 
     other sexually transmitted diseases; and
       ``(C) meets guidelines established by the American College 
     of Emergency Physicians relating to the treatment and care of 
     victims of sexual assault;
       ``(4) prepare, provide to the patient, and maintain written 
     documentation of the findings of such examination that is 
     signed by the patient; and
       ``(5) provide the patient free and immediate access to--
       ``(A) contact information for local law enforcement, the 
     Federal Bureau of Investigation, the United States Coast 
     Guard, the nearest United States consulate or embassy, and 
     the National Sexual Assault Hotline program or other third 
     party victim advocacy hotline service; and
       ``(B) a private telephone line and Internet-accessible 
     computer terminal by which the individual may confidentially 
     access law enforcement officials, an attorney, and the 
     information and support services available through the 
     National Sexual Assault Hotline program or other third party 
     victim advocacy hotline service.
       ``(e) Confidentiality of Sexual Assault Examination and 
     Support Information.--The master or other individual in 
     charge of a vessel to which this section applies shall--
       ``(1) treat all information concerning an examination under 
     subsection (d) confidential, so that no medical information 
     may be released to the cruise line or other owner of the 
     vessel or any legal representative thereof without the prior 
     knowledge and approval in writing of the patient, or, if the 
     patient is unable to provide written authorization, the 
     patient's next-of-kin, except that nothing in this paragraph 
     prohibits the release of--
       ``(A) information, other than medical findings, necessary 
     for the owner or master of the vessel to comply with the 
     provisions of subsection (g) or other applicable incident 
     reporting laws;
       ``(B) information to secure the safety of passengers or 
     crew on board the vessel; or
       ``(C) any information to law enforcement officials 
     performing official duties in the course and scope of an 
     investigation; and
       ``(2) treat any information derived from, or obtained in 
     connection with, post-assault counseling or other supportive 
     services confidential, so no such information may be released 
     to the cruise line or any legal representative thereof 
     without the prior knowledge and approval in writing of the 
     patient, or, if the patient is unable to provide written 
     authorization, the patient's next-of-kin.
       ``(f) Crew Access to Passenger Staterooms.--The owner of a 
     vessel to which this section applies shall--
       ``(1) establish and implement procedures and restrictions 
     concerning--
       ``(A) which crew members have access to passenger 
     staterooms; and
       ``(B) the periods during which they have that access; and
       ``(2) ensure that the procedures and restrictions are fully 
     and properly implemented and periodically reviewed.
       ``(g) Log Book and Reporting Requirements.--
       ``(1) In general.--The owner of a vessel to which this 
     section applies shall--
       ``(A) record in a log book, either electronically or 
     otherwise, in a centralized location readily accessible to 
     law enforcement personnel, a report on--
       ``(i) all complaints of crimes described in paragraph 
     (3)(A)(i),
       ``(ii) all complaints of theft of property valued in excess 
     of $1,000, and
       ``(iii) all complaints of other crimes,
     committed on any voyage that embarks or disembarks passengers 
     in the United States; and
       ``(B) make such log book available upon request to any 
     agent of the Federal Bureau of Investigation, any member of 
     the United States Coast Guard, and any law enforcement 
     officer performing official duties in the course and scope of 
     an investigation.
       ``(2) Details required.--The information recorded under 
     paragraph (1) shall include, at a minimum--
       ``(A) the vessel operator;
       ``(B) the name of the cruise line;
       ``(C) the flag under which the vessel was operating at the 
     time the reported incident occurred;
       ``(D) the age and gender of the victim and the accused 
     assailant;
       ``(E) the nature of the alleged crime or complaint, as 
     applicable, including whether the alleged perpetrator was a 
     passenger or a crew member;
       ``(F) the vessel's position at the time of the incident, if 
     known, or the position of the vessel at the time of the 
     initial report;
       ``(G) the time, date, and method of the initial report and 
     the law enforcement authority to which the initial report was 
     made;
       ``(H) the time and date the incident occurred, if known;
       ``(I) the total number of passengers and the total number 
     of crew members on the voyage; and
       ``(J) the case number or other identifier provided by the 
     law enforcement authority to which the initial report was 
     made.
       ``(3) Requirement to report crimes and other information.--
       ``(A) In general.--The owner of a vessel to which this 
     section applies (or the owner's designee)--
       ``(i) shall contact the nearest Federal Bureau of 
     Investigation Field Office or Legal Attache by telephone as 
     soon as possible after the occurrence on board the vessel of 
     an incident involving homicide, suspicious death, a missing 
     United States national, kidnapping, assault with serious 
     bodily injury, any offense to which section 2241, 2242, 2243, 
     or 2244 (a) or (c) of title 18 applies, firing or tampering 
     with the vessel, or theft of money or property in excess of 
     $10,000 to report the incident;
       ``(ii) shall furnish a written report of the incident to 
     the Secretary via an Internet based portal;
       ``(iii) may report any serious incident that does not meet 
     the reporting requirements of clause (i) and that does not 
     require immediate attention by the Federal Bureau of 
     Investigation via the Internet based portal maintained by the 
     Secretary of Transportation; and
       ``(iv) may report any other criminal incident involving 
     passengers or crew members, or both, to the proper State or 
     local government law enforcement authority.
       ``(B) Incidents to which subparagraph (A) applies.--
     Subparagraph (A) applies to an incident involving criminal 
     activity if--
       ``(i) the vessel, regardless of registry, is owned, in 
     whole or in part, by a United States person, regardless of 
     the nationality of the victim or perpetrator, and the 
     incident occurs when the vessel is within the admiralty and 
     maritime jurisdiction of the United States and outside the 
     jurisdiction of any State;
       ``(ii) the incident concerns an offense by or against a 
     United States national committed outside the jurisdiction of 
     any nation;
       ``(iii) the incident occurs in the Territorial Sea of the 
     United States, regardless of the nationality of the vessel, 
     the victim, or the perpetrator; or
       ``(iv) the incident concerns a victim or perpetrator who is 
     a United States national on a vessel during a voyage that 
     departed from or will arrive at a United States port.
       ``(4) Availability of incident data via internet.--
       ``(A) Website.--The Secretary of Transportation shall 
     maintain a statistical compilation of all incidents described 
     in paragraph (3)(A)(i) on an Internet site that provides a 
     numerical accounting of the missing persons and alleged 
     crimes recorded in each report filed under paragraph 
     (3)(A)(i) that are no longer under investigation by the 
     Federal Bureau of Investigation. The data shall be updated no 
     less frequently than quarterly, aggregated by--
       ``(i) cruise line, with each cruise line identified by 
     name; and
       ``(ii) whether each crime was committed by a passenger or a 
     crew member.
       ``(B) Access to website.--Each cruise line taking on or 
     discharging passengers in the United States shall include a 
     link on its Internet website to the website maintained by the 
     Secretary under subparagraph (A).
       ``(h) Enforcement.--
       ``(1) Penalties.--
       ``(A) Civil penalty.--Any person that violates this section 
     or a regulation under this section shall be liable for a 
     civil penalty of not more than $25,000 for each day during 
     which the violation continues, except that the maximum 
     penalty for a continuing violation is $50,000.
       ``(B) Criminal penalty.--Any person that willfully violates 
     this section or a regulation

[[Page 25527]]

     under this section shall be fined not more than $250,000 or 
     imprisoned not more than 1 year, or both.
       ``(2) Denial of entry.--The Secretary may deny entry into 
     the United States to a vessel to which this section applies 
     if the owner of the vessel--
       ``(A) commits an act or omission for which a penalty may be 
     imposed under this subsection; or
       ``(B) fails to pay a penalty imposed on the owner under 
     this subsection.
       ``(i) Procedures.--Within 6 months after the date of 
     enactment of the Cruise Vessel Security and Safety Act of 
     2009, the Secretary shall issue guidelines, training 
     curricula, and inspection and certification procedures 
     necessary to carry out the requirements of this section.
       ``(j) Regulations.--The Secretary of Transportation and the 
     Commandant shall each issue such regulations as are necessary 
     to implement this section.
       ``(k) Application.--
       ``(1) In general.--This section and section 3508 apply to a 
     passenger vessel (as defined in section 2101(22)) that--
       ``(A) is authorized to carry at least 250 passengers;
       ``(B) has onboard sleeping facilities for each passenger;
       ``(C) is on a voyage that embarks or disembarks passengers 
     in the United States; and
       ``(D) is not engaged on a coastwise voyage.
       ``(2) Federal and state vessels.--This section and section 
     3508 do not apply to a vessel that is owned and operated by 
     the United States Government or a vessel that is owned and 
     operated by a State.
       ``(l) Owner Defined.--In this section and section 3508, the 
     term `owner' means the owner, charterer, managing operator, 
     master, or other individual in charge of a vessel.

     ``Sec. 3508. Crime scene preservation training for passenger 
       vessel crew members

       ``(a) In General.--Within 1 year after the date of 
     enactment of the Cruise Vessel Security and Safety Act of 
     2009, the Secretary, in consultation with the Director of the 
     Federal Bureau of Investigation and the Maritime 
     Administrator, shall develop training standards and curricula 
     to allow for the certification of passenger vessel security 
     personnel, crew members, and law enforcement officials on the 
     appropriate methods for prevention, detection, evidence 
     preservation, and reporting of criminal activities in the 
     international maritime environment. The Administrator of the 
     Maritime Administration may certify organizations in the 
     United States and abroad that offer the curriculum for 
     training and certification under subsection (c).
       ``(b) Minimum Standards.--The standards established by the 
     Secretary under subsection (a) shall include--
       ``(1) the training and certification of vessel security 
     personnel, crew members, and law enforcement officials in 
     accordance with accepted law enforcement and security 
     guidelines, policies, and procedures, including 
     recommendations for incorporating a background check process 
     for personnel trained and certified in foreign countries;
       ``(2) the training of students and instructors in all 
     aspects of prevention, detection, evidence preservation, and 
     reporting of criminal activities in the international 
     maritime environment; and
       ``(3) the provision or recognition of off-site training and 
     certification courses in the United States and foreign 
     countries to develop and provide the required training and 
     certification described in subsection (a) and to enhance 
     security awareness and security practices related to the 
     preservation of evidence in response to crimes on board 
     passenger vessels.
       ``(c) Certification Requirement.--Beginning 2 years after 
     the standards are established under subsection (b), no vessel 
     to which this section applies may enter a United States port 
     on a voyage (or voyage segment) on which a United States 
     citizen is a passenger unless there is at least 1 crew member 
     onboard who is certified as having successfully completed 
     training in the prevention, detection, evidence preservation, 
     and reporting of criminal activities in the international 
     maritime environment on passenger vessels under subsection 
     (a).
       ``(d) Interim Training Requirement.--No vessel to which 
     this section applies may enter a United States port on a 
     voyage (or voyage segment) on which a United States citizen 
     is a passenger unless there is at least 1 crew member onboard 
     who has been properly trained in the prevention, detection, 
     evidence preservation and the reporting requirements of 
     criminal activities in the international maritime 
     environment. The owner of such a vessel shall maintain 
     certification or other documentation, as prescribed by the 
     Secretary, verifying the training of such individual and 
     provide such documentation upon request for inspection in 
     connection with enforcement of the provisions of this 
     section. This subsection shall take effect 1 year after the 
     date of enactment of the Cruise Vessel Safety and Security 
     Act of 2009 and shall remain in effect until superseded by 
     the requirements of subsection (c).
       ``(e) Civil Penalty.--Any person that violates this section 
     or a regulation under this section shall be liable for a 
     civil penalty of not more than $50,000.
       ``(f) Denial of Entry.--The Secretary may deny entry into 
     the United States to a vessel to which this section applies 
     if the owner of the vessel--
       ``(1) commits an act or omission for which a penalty may be 
     imposed under subsection (e); or
       ``(2) fails to pay a penalty imposed on the owner under 
     subsection (e).''.
       (b) Clerical Amendment.--The table of contents for such 
     chapter is amended by adding at the end the following:

``3507. Passenger vessel security and safety requirements.
``3508. Crime scene preservation training for passenger vessel crew 
              members.''.

     SEC. 904. STUDY AND REPORT ON THE SECURITY NEEDS OF PASSENGER 
                   VESSELS.

       (a) In General.--Within 3 months after the date of 
     enactment of this Act, the Secretary of the department in 
     which the United States Coast Guard is operating shall 
     conduct a study of the security needs of passenger vessels 
     depending on number of passengers on the vessels, and report 
     to the Congress findings of the study and recommendations for 
     improving security on those vessels.
       (b) Report Contents.--In recommending appropriate security 
     on those vessels, the report shall take into account typical 
     crew member shifts, working conditions of crew members, and 
     length of voyages.

               TITLE X--UNITED STATES MARINER PROTECTION

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``United States Mariner and 
     Vessel Protection Act of 2009''.

     SEC. 1002. USE FORCE AGAINST PIRACY.

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

     ``Sec. 8107. Use of force against piracy

       ``An owner, operator, time charterer, master, or mariner 
     who uses force, or authorizes the use of force, to defend a 
     vessel of the United States against an act of piracy shall 
     not be liable for any injury or death caused by such force to 
     any person participating in the act of piracy.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such chapter is amended by adding at the end the following 
     new item:

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

     SEC. 1003. AGREEMENTS.

       To carry out the purpose of this title, the Secretary of 
     the department in which the Coast Guard is operating shall 
     work through the International Maritime Organization to 
     establish agreements to promote coordinated action among 
     flag- and port-states to deter, protect against, and rapidly 
     respond to acts of piracy against the vessels of, and in the 
     waters under the jurisdiction of, those nations, and to 
     ensure limitations on liability similar to those established 
     by section 8107 of title 46, United States Code, as amended 
     by this title.

                        TITLE XI--PORT SECURITY

     SEC. 1101. MARITIME HOMELAND SECURITY PUBLIC AWARENESS 
                   PROGRAM.

       The Secretary of Homeland Security shall establish a 
     program to help prevent acts of terrorism and other 
     activities that jeopardize maritime homeland security, by 
     seeking the cooperation of the commercial and recreational 
     boating industries and the public to improve awareness of 
     activity in the maritime domain and report suspicious or 
     unusual activity.

     SEC. 1102. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

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

     SEC. 1103. REVIEW OF INTERAGENCY OPERATIONAL CENTERS.

       (a) In General.--Within 180 days of enactment of this Act, 
     the Department of Homeland Security Inspector General shall 
     provide a report to the Committee on Homeland Security and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committees on Homeland 
     Security and Governmental Affairs and Commerce, Science, and 
     Transportation of the Senate concerning the establishment of 
     Interagency Operational Centers for Port Security required by 
     section 108 of the SAFE Port Act (Public Law 109-347).
       (b) Report.--The report shall include--
       (1) an examination of the Department's efforts to establish 
     the Interagency Operational Centers;

[[Page 25528]]

       (2) a timeline for construction;
       (3) a detailed breakdown, by center, as to the 
     incorporation of those representatives required by section 
     70107A(b)(3) of title 46, United States Code;
       (4) an analysis of the hurdles faced by the Department in 
     developing these centers;
       (5) information on the number of security clearances 
     attained by State, local, and tribal officials participating 
     in the program; and
       (6) an examination of the relationship between the 
     Interagency Operational Centers and State, local and regional 
     fusion centers participating in the Department of Homeland 
     Security's State, Local, and Regional Fusion Center 
     Initiative under section 511 of the Implementing the 
     Recommendations of the 9/11 Commission Act of 2007 (Public 
     Law 110-53), with a particular emphasis on--
       (A) how the centers collaborate and coordinate their 
     efforts; and
       (B) the resources allocated by the Coast Guard to both 
     initiatives.

     SEC. 1104. MARITIME SECURITY RESPONSE TEAMS.

       (a) In General.--Section 70106 of title 46, United States 
     Code, is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Maritime Security Response Teams.--
       ``(1) In general.--In addition to the maritime safety and 
     security teams, the Secretary shall establish no less than 
     two maritime security response teams to act as the Coast 
     Guard's rapidly deployable counterterrorism and law 
     enforcement response units that can apply advanced 
     interdiction skills in response to threats of maritime 
     terrorism.
       ``(2) Minimization of response time.--The maritime security 
     response teams shall be stationed in such a way to minimize, 
     to the extent practicable, the response time to any reported 
     maritime terrorist threat.
       ``(d) Coordination With Other Agencies.--To the maximum 
     extent feasible, each maritime safety and security team and 
     maritime security response team shall coordinate its 
     activities with other Federal, State, and local law 
     enforcement and emergency response agencies.''.

     SEC. 1105. COAST GUARD DETECTION CANINE TEAM PROGRAM 
                   EXPANSION.

       (a) Definitions.--For purposes of this section:
       (1) Canine detection team.--The term ``detection canine 
     team'' means a canine and a canine handler that are trained 
     to detect narcotics or explosives, or other threats as 
     defined by the Secretary.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Detection Canine Teams.--
       (1) Increased capacity.--Not later than 240 days after the 
     date of enactment of this Act, the Secretary shall--
       (A) begin to increase the number of detection canine teams 
     certified by the Coast Guard for the purposes of maritime-
     related security by no fewer than 10 canine teams annually 
     through fiscal year 2012; and
       (B) encourage owners and operators of port facilities, 
     passenger cruise liners, oceangoing cargo vessels, and other 
     vessels identified by the Secretary to strengthen security 
     through the use of highly trained detection canine teams.
       (2) Canine procurement.--The Secretary, acting through the 
     Commandant of the Coast Guard, shall--
       (A) procure detection canine teams as efficiently as 
     possible, including, to the greatest extent possible, through 
     increased domestic breeding, while meeting the performance 
     needs and criteria established by the Commandant;
       (B) support expansion and upgrading of existing canine 
     training facilities operated by the department in which the 
     Coast Guard is operating; and
       (C) as appropriate, partner with other Federal, State, or 
     local agencies, nonprofit organizations, universities, or the 
     private sector to increase the breeding and training capacity 
     for Coast Guard canine detection teams.
       (c) Deployment.--The Secretary shall prioritize deployment 
     of the additional canine teams to ports based on risk, 
     consistent with the Security and Accountability For Every 
     Port Act of 2006 (Public Law 109-347).
       (d) Authorization.--There are authorized to be appropriated 
     to the Secretary such sums as may be necessary to carry out 
     this section for fiscal years 2008 through 2012.

     SEC. 1106. COAST GUARD PORT ASSISTANCE PROGRAM.

       (a) In General.--Section 70110 of title 46, United States 
     Code, is amended by adding at the end the following:
       ``(f) Coast Guard Assistance Program.--
       ``(1) In general.--The Secretary may lend, lease, donate, 
     or otherwise provide equipment, and provide technical 
     training and support, to the owner or operator of a foreign 
     port or facility--
       ``(A) to assist in bringing the port or facility into 
     compliance with applicable International Ship and Port 
     Facility Code standards;
       ``(B) to assist the port or facility in meeting standards 
     established under section 70109A of this chapter; and
       ``(C) to assist the port or facility in exceeding the 
     standards described in subparagraphs (A) and (B).
       ``(2) Conditions.--The Secretary--
       ``(A) shall provide such assistance based upon an 
     assessment of the risks to the security of the United States 
     and the inability of the owner or operator of the port or 
     facility otherwise to bring the port or facility into 
     compliance with those standards and to maintain compliance 
     with them;
       ``(B) may not provide such assistance unless the port or 
     facility has been subjected to a comprehensive port security 
     assessment by the Coast Guard or a third party entity 
     certified by the Secretary under section 70110A(b) to 
     validate foreign port or facility compliance with 
     International Ship and Port Facility Code standards; and
       ``(C) may only lend, lease, or otherwise provide equipment 
     that the Secretary has first determined is not required by 
     the Coast Guard for the performance of its missions.''.
       (b) Safety and Security Assistance for Foreign Ports.--
       (1) In general.--Section 70110(e)(1) of title 46, United 
     States Code, is amended by striking the second sentence and 
     inserting the following: ``The Secretary shall establish a 
     strategic plan to utilize those assistance programs to assist 
     ports and facilities that are found by the Secretary under 
     subsection (a) not to maintain effective antiterrorism 
     measures in the implementation of port security antiterrorism 
     measures.''.
       (2) Conforming amendments.--
       (A) Section 70110 of title 46, United States Code, is 
     amended--
       (i) by inserting ``or facilities'' after ``ports'' in the 
     section heading;
       (ii) by inserting ``or facility'' after ``port'' each place 
     it appears; and
       (iii) by striking ``Ports'' in the heading for subsection 
     (e) and inserting ``Ports, Facilities,''.
       (B) The chapter analysis for chapter 701 of title 46, 
     United States Code, is amended by striking the item relating 
     to section 70110 and inserting the following:

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

     SEC. 1107. MARITIME BIOMETRIC IDENTIFICATION.

       (a) In General.--Within one year after the date of the 
     enactment of this Act, the Secretary of Homeland Security, 
     acting through the Commandant of the Coast Guard, shall 
     conduct, in the maritime environment, a program for the 
     mobile biometric identification of suspected individuals, 
     including terrorists, to enhance border security and for 
     other purposes.
       (b) Requirements.--The Secretary shall ensure the program 
     required in this section is coordinated with other biometric 
     identification programs within the Department of Homeland 
     Security.
       (c) Cost Analysis.--Within 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations and Homeland Security of the 
     House of Representatives and the Committees on Appropriations 
     and Homeland Security and Governmental Affairs of the Senate 
     an analysis of the cost of expanding the Coast Guard's 
     biometric identification capabilities for use by the Coast 
     Guards Deployable Operations Group, cutters, stations, and 
     other deployable maritime teams considered appropriate by the 
     Secretary, and any other appropriate Department of Homeland 
     Security maritime vessels and units. The analysis may include 
     a tiered plan for the deployment of this program that gives 
     priority to vessels and units more likely to encounter 
     individuals suspected of making illegal border crossings 
     through the maritime environment.
       (d) Definition.--For the purposes of this section, the term 
     ``biometric identification'' means use of fingerprint and 
     digital photography images.

     SEC. 1108. REVIEW OF POTENTIAL THREATS.

        Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Homeland Security shall submit to the 
     Committee on Homeland Security and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report analyzing the threat, 
     vulnerability, and consequence of a terrorist attack on 
     gasoline and chemical cargo shipments in port activity areas 
     in the United States.

     SEC. 1109. PORT SECURITY PILOT.

        The Secretary of Homeland Security shall establish a pilot 
     program to test and deploy preventive radiological or nuclear 
     detection equipment on Coast Guard vessels and other 
     locations in select port regions to enhance border security 
     and for other purposes. The pilot program shall leverage 
     existing Federal grant funding to support this program and 
     the procurement of additional equipment.

     SEC. 1110. SEASONAL WORKERS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the effects that the Transportation 
     Worker Identification Card (in this section referred to as 
     ``TWIC'') required by section 70105 of title 46, United 
     States Code, has on companies that employ seasonal employees.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Committee on Homeland Security and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate on the results of the study, 
     including--
       (1) costs associated in requiring seasonal employees to 
     obtain TWIC cards on companies;
       (2) whether the Coast Guard and Transportation Security 
     Administration are processing TWIC applications quickly 
     enough for seasonal workers to obtain TWIC certification;
       (3) whether TWIC compliance costs or other factors have led 
     to a reduction in service;
       (4) the impact of TWIC on the recruiting and hiring of 
     seasonal and other temporary employees; and

[[Page 25529]]

       (5) an assessment of possible alternatives to TWIC 
     certification that may be used for seasonal employees 
     including any security vulnerabilities created by those 
     alternatives.

     SEC. 1111. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND 
                   FACILITY-BASED LIQUEFIED NATURAL GAS 
                   REGASIFICATION PROCESSES.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Secretary of Homeland Security, acting 
     through the Commandant of the Coast Guard, shall enter into 
     an arrangement for the performance of an independent study to 
     conduct a comparative risk assessment examining the relative 
     safety and security risk associated with vessel-based and 
     facility-based liquefied natural gas regasification processes 
     conducted within 3 miles from land versus such processes 
     conducted more than 3 miles from land.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary Homeland Security, 
     acting through the Commandant, shall provide a report on the 
     findings and conclusions of the study required by this 
     section to the Committees on Homeland Security, 
     Transportation and Infrastructure, and Energy and Commerce of 
     the House of Representatives, and the Committees on Homeland 
     Security and Governmental Affairs and Commerce, Science, and 
     Transportation of the Senate.

     SEC. 1112. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME 
                   WORKERS.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall establish procedures providing for an individual who is 
     required to be fingerprinted for purposes of obtaining a 
     transportation security card under section 70105 of title 46, 
     United States Code, to be fingerprinted at any facility 
     operated by or under contract with an agency of the 
     Department of Homeland Security that fingerprints the public 
     for the Department.
       (b) Expiration.--This section expires on December 31, 2012.

     SEC. 1113. TRANSPORTATION SECURITY CARDS ON VESSELS.

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

     SEC. 1114. INTERNATIONAL LABOR STUDY.

       The Comptroller General of the United States shall conduct 
     a study of methods to conduct a background security 
     investigation of an individual who possesses a biometric 
     identification card that complies with International Labor 
     Convention number 185 that are equivalent to the 
     investigation conducted on individuals applying for a visa to 
     enter the United States. The Comptroller General shall submit 
     a report on the study within 180 days after the date of 
     enactment of this Act to the Committee on Transportation and 
     Infrastructure and the Committee on Homeland Security of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.

     SEC. 1115. MARITIME SECURITY ADVISORY COMMITTEES.

        Section 70112 of title 46, United States Code, is 
     amended--
       (1) by amending subsection (b)(5) to read as follows:
       ``(5)(A) The National Maritime Security Advisory Committee 
     shall be composed of--
       ``(i) at least 1 individual who represents the interests of 
     the port authorities;
       ``(ii) at least 1 individual who represents the interests 
     of the facilities owners or operators;
       ``(iii) at least 1 individual who represents the interests 
     of the terminal owners or operators;
       ``(iv) at least 1 individual who represents the interests 
     of the vessel owners or operators;
       ``(v) at least 1 individual who represents the interests of 
     the maritime labor organizations;
       ``(vi) at least 1 individual who represents the interests 
     of the academic community;
       ``(vii) at least 1 individual who represents the interests 
     of State or local governments; and
       ``(viii) at least 1 individual who represents the interests 
     of the maritime industry.
       ``(B) Each Area Maritime Security Advisory Committee shall 
     be composed of individuals who represents the interests of 
     the port industry, terminal operators, port labor 
     organizations, and other users of the port areas.''; and
       (2) in subsection (g)--
       (A) in paragraph (1)(A), by striking ``2008;'' and 
     inserting ``2010;'';
       (B) by repealing paragraph (2);
       (C) by striking ``(1)''; and
       (D) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2).

     SEC. 1116. SEAMEN'S SHORESIDE ACCESS.

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

     SEC. 1117. WATERSIDE SECURITY AROUND ESPECIALLY HAZARDOUS 
                   MATERIAL TERMINALS AND TANKERS.

       (a) Enforcement of Security Zones.--Consistent with other 
     provisions of Federal law, any security zone established by 
     the Coast Guard around a tanker containing an especially 
     hazardous material shall be enforced by the Coast Guard. If 
     the Coast Guard must enforce multiple simultaneous security 
     zones, the Coast Guard shall allocate resources so as to 
     deter to the maximum extent practicable a transportation 
     security incident (as that term is defined in section 70101 
     of title 46, United States Code).
       (b) Limitation on Reliance on State and Local Government.--
     Any security arrangement approved as part of a facility 
     security plan approved after the date of enactment of this 
     Act under section 70103 of title 46, United States Code, to 
     assist in the enforcement of any security zone established by 
     the Coast Guard around a tanker containing an especially 
     hazardous material, or around an especially hazardous 
     material terminal on or adjacent to the navigable waters of 
     the United States and served by tankers carrying especially 
     hazardous materials, may not be based upon the provision of 
     security by a State or local government unless the State or 
     local government has entered into a contract, cooperative 
     agreement, or other arrangement with the terminal operator to 
     provide such services and the Secretary of the department in 
     which the Coast Guard is operating, acting through the 
     Commandant of the Coast Guard, ensures that the waterborne 
     patrols operated as part of that security arrangement by a 
     State or local government have the training, resources, 
     personnel, equipment, and experience necessary to deter to 
     the maximum extent practicable a transportation security 
     incident (as that term is defined in section 70101 of title 
     46, United States Code).
       (c) Determination Required for New Terminals.--The 
     Secretary of the department in which the Coast Guard is 
     operating, acting through the Commandant of the Coast Guard, 
     may not approve a facility security plan under section 70103 
     of title 46, United States Code, for a new especially 
     hazardous material terminal the construction of which is 
     begun after the date of enactment of this Act unless the 
     Secretary determines that the Coast Guard sector in which the 
     terminal is located has available the resources, including 
     State and local government resources in accordance with 
     subsection (b), to carry out the navigation and maritime 
     security risk management measures identified by the Coast 
     Guard pursuant to the Ports and Waterways Safety Act.
       (d) Especially Hazardous Material Defined.--The term 
     ``especially hazardous material'' means anhydrous ammonia, 
     ammonium nitrate, chlorine, liquefied natural gas, liquefied 
     petroleum gas, and any other substance identified by the 
     Secretary of the department in which the Coast Guard is 
     operating as an especially hazardous material.

     SEC. 1118. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

       (a) Notice of Determination.--Consistent with other 
     provisions of law, the Secretary of Homeland Security must 
     notify the Federal Energy Regulatory Commission when a 
     determination is made that the waterway to a proposed 
     waterside liquefied natural gas facility is suitable or 
     unsuitable for the marine traffic associated with such 
     facility.
       (b) Federal Energy Regulatory Commission Response.--The 
     Federal Energy Regulatory Commission shall respond to the 
     Secretary's determination under subsection (a) by informing 
     the Secretary within 90 days of notification or at the 
     conclusion of any available appeal process, whichever is 
     later, of what action the Commission has taken, pursuant to 
     its authorities under the Natural Gas Act, regarding a 
     proposal to construct and operate a waterside liquefied 
     natural gas facility subject to a determination made under 
     subsection (a).

     SEC. 1119. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION 
                   SECURITY CARDS.

       The Secretary of Homeland Security may use a secondary 
     authentication system for individuals applying for 
     transportation security cards when fingerprints are not able 
     to be taken or read to enhance transportation security.

     SEC. 1120. REPORT ON STATE AND LOCAL LAW ENFORCEMENT 
                   AUGMENTATION OF COAST GUARD RESOURCES WITH 
                   RESPECT TO SECURITY ZONES AND UNITED STATES 
                   PORTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall submit to the Committees on Transportation 
     and Infrastructure and Homeland Security of the House of 
     Representatives and the Committees on Commerce, Science, and 
     Transportation and Homeland Security and Governmental Affairs 
     of the Senate a report on the extent to which State and local 
     law enforcement entities are augmenting Coast Guard resources 
     by enforcing Coast Guard-imposed security zones around 
     vessels transiting to, through, or from United States ports 
     and conducting port security patrols. At a minimum, the 
     report shall specify-
       (1) the number of ports in which State and local law 
     enforcement entities are providing any services to enforce 
     Coast Guard-imposed security zones around vessels transiting 
     to, through, or from United States ports or to conduct 
     security patrols in United States ports;
       (2) the number of formal agreements entered into between 
     the Coast Guard and State and local law enforcement entities 
     to engage State and local law enforcement entities in the 
     enforcement of Coast Guard-imposed security zones around 
     vessels transiting to, through, or from United States ports 
     or the conduct of port

[[Page 25530]]

     security patrols in United States ports, the duration of 
     those agreements, and the aid that State and local entities 
     are engaged to provided through these agreements;
       (3) the extent to which the Coast Guard has set national 
     standards for training, equipment, and resources to ensure 
     that State and local law enforcement entities engaged in 
     enforcing Coast Guard-imposed security zones around vessels 
     transiting to, through, or from United States ports or in 
     conducting port security patrols in United States ports (or 
     both) can deter to the maximum extent practicable a 
     transportation security incident (as that term is defined in 
     section 70101 of title 46, United States Code);
       (4) the extent to which the Coast Guard has assessed the 
     ability of State and local law enforcement entities to carry 
     out the security assignments which they have been engaged to 
     perform, including their ability to meet any national 
     standards for training, equipment, and resources that have 
     been established by the Coast Guard in order to ensure that 
     these entities can deter to the maximum extent practicable a 
     transportation security incident (as that term is defined in 
     section 70101 of title 46, United States Code);
       (5) the extent to which State and local law enforcement 
     entities are able to meet national standards for training, 
     equipment, and resources established by the Coast Guard to 
     ensure that those entities can deter to the maximum extent 
     practicable a transportation security incident (as that term 
     is defined in section 70101 of title 46, United States Code);
       (6) the differences in law enforcement authority, and 
     particularly boarding authority, between the Coast Guard and 
     State and local law enforcement entities, and the impact that 
     these differences have on the ability of State and local law 
     enforcement entities to provide the same level of security 
     that the Coast Guard provides during the enforcement of Coast 
     Guard-imposed security zones and the conduct of security 
     patrols in United States ports; and
       (7) the extent of resource, training, and equipment 
     differences between State and local law enforcement entities 
     and the Coast Guard units engaged in enforcing Coast Guard-
     imposed security zones around vessels transiting to, through, 
     or from United States ports or conducting security patrols in 
     United States ports.

     SEC. 1121. ASSESSMENT OF TRANSPORTATION SECURITY CARD 
                   ENROLLMENT SITES.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall prepare an assessment of the enrollment sites for 
     transportation security cards issued under section 70105 of 
     title 46, United States Code, including--
       (1) the feasibility of keeping those enrollment sites open 
     after September 23, 2009; and
       (2) the quality of customer service, including the periods 
     of time individuals are kept on hold on the telephone, 
     whether appointments are kept, and processing times for 
     applications.
       (b) Timelines and Benchmarks.--The Secretary shall develop 
     timelines and benchmarks for implementing the findings of the 
     assessment as the Secretary deems necessary.

                       TITLE XII--ALIEN SMUGGLING

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Alien Smuggling and 
     Terrorism Prevention Act of 2009''.

     SEC. 1202. FINDINGS.

       The Congress makes the following findings:
       (1) Alien smuggling by land, air and sea is a transnational 
     crime that violates the integrity of United States borders, 
     compromises our Nation's sovereignty, places the country at 
     risk of terrorist activity, and contravenes the rule of law.
       (2) Aggressive enforcement activity against alien smuggling 
     is needed to protect our borders and ensure the security of 
     our Nation. The border security and anti-smuggling efforts of 
     the men and women on the Nation's front line of defense are 
     to be commended. Special recognition is due the Department of 
     Homeland Security through the United States Border Patrol, 
     United States Coast Guard, Customs and Border Protection, and 
     Immigration and Customs Enforcement, and the Department of 
     Justice through the Federal Bureau of Investigation.
       (3) The law enforcement community must be given the 
     statutory tools necessary to address this security threat. 
     Only through effective alien smuggling statutes can the 
     Justice Department, through the United States Attorneys' 
     Offices and the Domestic Security Section of the Criminal 
     Division, prosecute these cases successfully.
       (4) Alien smuggling has a destabilizing effect on border 
     communities. State and local law enforcement, medical 
     personnel, social service providers, and the faith community 
     play important roles in combating smuggling and responding to 
     its effects.
       (5) Existing penalties for alien smuggling are insufficient 
     to provide appropriate punishment for alien smugglers.
       (6) Existing alien smuggling laws often fail to reach the 
     conduct of alien smugglers, transporters, recruiters, guides, 
     and boat captains.
       (7) Existing laws concerning failure to heave to are 
     insufficient to appropriately punish boat operators and crew 
     who engage in the reckless transportation of aliens on the 
     high seas and seek to evade capture.
       (8) Much of the conduct in alien smuggling rings occurs 
     outside of the United States. Extraterritorial jurisdiction 
     is needed to ensure that smuggling rings can be brought to 
     justice for recruiting, sending, and facilitating the 
     movement of those who seek to enter the United States without 
     lawful authority.
       (9) Alien smuggling can include unsafe or recklessly 
     dangerous conditions that expose individuals to particularly 
     high risk of injury or death.

     SEC. 1203. CHECKS AGAINST TERRORIST WATCHLIST.

       The Secretary of Homeland Security shall, to the extent 
     practicable, check against all available terrorist watchlists 
     those persons suspected of alien smuggling and smuggled 
     individuals who are interdicted at the land, air, and sea 
     borders of the United States.

     SEC. 1204. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN 
                   SMUGGLERS.

       Section 274(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a)) is amended--
       (1) by amending the subsection heading to read as follows: 
     ``Bringing In, Harboring, and Smuggling of Unlawful and 
     Terrorist Aliens.--'';
       (2) by amending paragraphs (1) through (2) to read as 
     follows:
       ``(1)(A) Whoever, knowing or in reckless disregard of the 
     fact that an individual is an alien who lacks lawful 
     authority to come to, enter, or reside in the United States, 
     knowingly--
       ``(i) brings that individual to the United States in any 
     manner whatsoever regardless of any future official action 
     which may be taken with respect to such individual;
       ``(ii) recruits, encourages, or induces that individual to 
     come to, enter, or reside in the United States;
       ``(iii) transports or moves that individual in the United 
     States, in furtherance of their unlawful presence; or
       ``(iv) harbors, conceals, or shields from detection the 
     individual in any place in the United States, including any 
     building or any means of transportation;

     or attempts or conspires to do so, shall be punished as 
     provided in subparagraph (C).
       ``(B) Whoever, knowing that an individual is an alien, 
     brings that individual to the United States in any manner 
     whatsoever at a place, other than a designated port of entry 
     or place designated by the Secretary of Homeland Security, 
     regardless of whether such individual has received prior 
     official authorization to come to, enter, or reside in the 
     United States and regardless of any future official action 
     which may be taken with respect to such individual, or 
     attempts or conspires to do so, shall be punished as provided 
     in subparagraph (C).
       ``(C) Whoever commits an offense under this paragraph 
     shall, for each individual in respect to whom such a 
     violation occurs--
       ``(i) if the offense results in the death of any person, be 
     fined under title 18, United States Code, and subject to the 
     penalty of death or imprisonment for any term of years or for 
     life;
       ``(ii) if the offense involves kidnapping, an attempt to 
     kidnap, the conduct required for aggravated sexual abuse (as 
     defined in section 2241 of title 18, United States Code, 
     without regard to where it takes place), or an attempt to 
     commit such abuse, or an attempt to kill, be fined under 
     title 18, United States Code, or imprisoned for any term of 
     years or life, or both;
       ``(iii) if the offense involves an individual who the 
     defendant knew was engaged in or intended to engage in 
     terrorist activity (as defined in section 212(a)(3)(B)), be 
     fined under title 18, United States Code, or imprisoned not 
     more than 30 years, or both;
       ``(iv) if the offense results in serious bodily injury (as 
     defined in section 1365 of title 18, United States Code) or 
     places in jeopardy the life of any person, be fined under 
     title 18, United States Code, or imprisoned not more than 20 
     years, or both;
       ``(v) if the offense is a violation of paragraph (1)(A)(i) 
     and was committed for the purpose of profit, commercial 
     advantage, or private financial gain, or if the offense was 
     committed with the intent or reason to believe that the 
     individual unlawfully brought into the United States will 
     commit an offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, be fined 
     under title 18, United States Code, and imprisoned, in the 
     case of a first or second violation, not less than 3 nor more 
     than 10 years, and for any other violation, not less than 5 
     nor more than 15 years;
       ``(vi) if the offense is a violation of paragraphs 
     (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was 
     committed for the purpose of profit, commercial advantage, or 
     private financial gain, be fined under title 18, United 
     States Code, or imprisoned not more than 10 years, or both;
       ``(vii) if the offense involves the transit of the 
     defendant's spouse, child, sibling, parent, grandparent, or 
     niece or nephew, and the offense is not described in any of 
     clauses (i) through (vi), be fined under title 18, United 
     States Code, or imprisoned not more than 1 year, or both; and
       ``(viii) in any other case, be fined under title 18, United 
     States Code, or imprisoned not more than 5 years, or both.
       ``(2)(A) There is extraterritorial jurisdiction over the 
     offenses described in paragraph (1).
       ``(B) In a prosecution for a violation of, or an attempt or 
     conspiracy to violate, subsection (a)(1)(A)(i), 
     (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no 
     defense based on necessity can be raised unless the 
     defendant--
       ``(i) as soon as practicable, reported to the Coast Guard 
     the circumstances of the necessity, and if a rescue is 
     claimed, the name, description, registry number, and location 
     of the vessel engaging in the rescue; and
       ``(ii) did not bring, attempt to bring, or in any manner 
     intentionally facilitate the entry of any

[[Page 25531]]

     alien into the land territory of the United States without 
     lawful authority, unless exigent circumstances existed that 
     placed the life of that alien in danger, in which case the 
     reporting requirement set forth in clause (i) is satisfied by 
     notifying the Coast Guard as soon as practicable after 
     delivering the alien to emergency medical or law enforcement 
     personnel ashore.
       ``(C) It is not a violation of, or an attempt or conspiracy 
     to violate, clause (iii) or (iv) of paragraph (1)(A), or 
     paragraph (1)(A)(ii) (except if a person recruits, 
     encourages, or induces an alien to come to or enter the 
     United States), for a religious denomination having a bona 
     fide nonprofit, religious organization in the United States, 
     or the agents or officer of such denomination or 
     organization, to encourage, invite, call, allow, or enable an 
     alien who is present in the United States to perform the 
     vocation of a minister or missionary for the denomination or 
     organization in the United States as a volunteer who is not 
     compensated as an employee, notwithstanding the provision of 
     room, board, travel, medical assistance, and other basic 
     living expenses, provided the minister or missionary has been 
     a member of the denomination for at least one year.
       ``(D) For purposes of this paragraph and paragraph (1)--
       ``(i) the term `United States' means the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, American Samoa, the United States Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     territory or possession of the United States; and
       ``(ii) the term `lawful authority' means permission, 
     authorization, or waiver that is expressly provided for in 
     the immigration laws of the United States or the regulations 
     prescribed under those laws and does not include any such 
     authority secured by fraud or otherwise obtained in violation 
     of law or authority that has been sought but not approved.''.

     SEC. 1205. MARITIME LAW ENFORCEMENT.

       (a) Penalties.--Subsection (b) of section 2237 of title 18, 
     United States Code, is amended to read as follows:
       ``(b) Whoever intentionally violates this section shall--
       ``(1) if the offense results in death or involves 
     kidnapping, an attempt to kidnap, the conduct required for 
     aggravated sexual abuse (as defined in section 2241 without 
     regard to where it takes place), or an attempt to commit such 
     abuse, or an attempt to kill, be fined under such title or 
     imprisoned for any term of years or life, or both;
       ``(2) if the offense results in serious bodily injury (as 
     defined in section 1365 of this title) or transportation 
     under inhumane conditions, be fined under this title, 
     imprisoned not more than 15 years, or both;
       ``(3) if the offense is committed in the course of a 
     violation of section 274 of the Immigration and Nationality 
     Act (alien smuggling); chapter 77 (peonage, slavery, and 
     trafficking in persons), section 111 (shipping), 111A 
     (interference with vessels), 113 (stolen property), or 117 
     (transportation for illegal sexual activity) of this title; 
     chapter 705 (maritime drug law enforcement) of title 46, or 
     title II of the Act of June 15, 1917 (Chapter 30; 40 Stat. 
     220), be fined under this title or imprisoned for not more 
     than 10 years, or both; and
       ``(4) in any other case, be fined under this title or 
     imprisoned for not more than 5 years, or both.''.
       (b) Limitation on Necessity Defense.--Section 2237(c) of 
     title 18, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(c)'';
       (2) by adding at the end the following:
       ``(2) In a prosecution for a violation of this section, no 
     defense based on necessity can be raised unless the 
     defendant--
       ``(A) as soon as practicable upon reaching shore, delivered 
     the person with respect to which the necessity arose to 
     emergency medical or law enforcement personnel;
       ``(B) as soon as practicable, reported to the Coast Guard 
     the circumstances of the necessity resulting giving rise to 
     the defense; and
       ``(C) did not bring, attempt to bring, or in any manner 
     intentionally facilitate the entry of any alien, as that term 
     is defined in section 101(a)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1101 (a)(3)), into the land 
     territory of the United States without lawful authority, 
     unless exigent circumstances existed that placed the life of 
     that alien in danger, in which case the reporting requirement 
     of subparagraph (B) is satisfied by notifying the Coast Guard 
     as soon as practicable after delivering that person to 
     emergency medical or law enforcement personnel ashore.''.
       (c) Definition.--Section 2237(e) of title 18, United States 
     Code, is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) the term `transportation under inhumane conditions' 
     means the transportation of persons in an engine compartment, 
     storage compartment, or other confined space, transportation 
     at an excessive speed, transportation of a number of persons 
     in excess of the rated capacity of the means of 
     transportation, or intentionally grounding a vessel in which 
     persons are being transported.''.

     SEC. 1206. AMENDMENT TO THE SENTENCING GUIDELINES.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this section, the United States Sentencing Commission shall 
     review and, if appropriate, amend the sentencing guidelines 
     and policy statements applicable to persons convicted of 
     alien smuggling offenses and criminal failure to heave to or 
     obstruction of boarding.
       (b) Considerations.--In carrying out this section, the 
     Sentencing Commission, shall--
       (1) consider providing sentencing enhancements or 
     stiffening existing enhancements for those convicted of 
     offenses described in subsection (a) that--
       (A) involve a pattern of continued and flagrant violations;
       (B) are part of an ongoing commercial organization or 
     enterprise;
       (C) involve aliens who were transported in groups of 10 or 
     more;
       (D) involve the transportation or abandonment of aliens in 
     a manner that endangered their lives; or
       (E) involve the facilitation of terrorist activity; and
       (2) consider cross-references to the guidelines for 
     Criminal Sexual Abuse and Attempted Murder.
       (c) Expedited Procedures.--The Commission may promulgate 
     the guidelines or amendments under this section in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987, as though the authority under that 
     Act had not expired.

                  TITLE XIII--MISCELLANEOUS PROVISIONS

     SEC. 1301. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY.

       Section 1120(c) of the Coast Guard Authorization Act of 
     1996 (110 Stat. 3977) is amended--
       (1) in paragraph (1)--
       (A) by striking ``of Transportation'' and inserting ``of 
     the department in which the Coast Guard is operating''; and
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) the vessel GALLANT LADY (Feadship hull number 672, 
     approximately 168 feet in length).'';
       (2) by striking paragraphs (3) and (4) and redesignating 
     paragraph (5) as paragraph (3); and
       (3) in paragraph (3) (as so redesignated) by striking all 
     after ``shall expire'' and inserting ``on the date of the 
     sale of the vessel by the owner.''.

     SEC. 1302. WAIVERS.

       Notwithstanding section 12112 and chapter 551 of title 46, 
     United States Code, the Secretary of the department in which 
     the Coast Guard is operating may issue a certificate of 
     documentation with a coastwise endorsement for the following 
     vessels:
       (1) OCEAN VERITAS (IMO Number 7366805).
       (2) MAYA (United States official number 11073).
       (3) ZIPPER (State of New York regulation number NY3205EB).
       (4) GULF DIVER IV (United States official number 553457).
       (5) M/V GEYSIR (United States official number 622178).

     SEC. 1303. GREAT LAKES MARITIME RESEARCH INSTITUTE.

       Section 605 of the Coast Guard and Maritime Transportation 
     Act of 2004 (118 Stat. 1052) is amended--
       (1) in subsection (b)(1)--
       (A) by striking ``The Secretary of Transportation shall 
     conduct a study that'' and inserting ``The Institute shall 
     conduct maritime transportation studies of the Great Lakes 
     region, including studies that'';
       (B) in subparagraphs (A), (B), (C), (E), (F), (H), (I), and 
     (J) by striking ``evaluates'' and inserting ``evaluate'';
       (C) in subparagraphs (D) and (G) by striking ``analyzes'' 
     and inserting ``analyze'';
       (D) by striking ``and'' at the end of subparagraph (I);
       (E) by striking the period at the end of subparagraph (J) 
     and inserting a semicolon;
       (F) by adding at the end the following:
       ``(K) identify ways to improve the integration of the Great 
     Lakes marine transportation system into the national 
     transportation system;
       ``(L) examine the potential of expanded operations on the 
     Great Lakes marine transportation system;
       ``(M) identify ways to include intelligent transportation 
     applications into the Great Lakes marine transportation 
     system;
       ``(N) analyze the effects and impacts of aging 
     infrastructure and port corrosion on the Great Lakes marine 
     transportation system;
       ``(O) establish and maintain a model Great Lakes marine 
     transportation system database; and
       ``(P) identify market opportunities for, and impediments 
     to, the use of United States-flag vessels in trade with 
     Canada on the Great Lakes.''; and
       (2) by striking subsection (b)(4) and inserting the 
     following:
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out paragraph (1)--
       ``(A) $2,400,000 for fiscal year 2010;
       ``(B) $2,500,000 for fiscal year 2011;
       ``(C) $2,600,000 for fiscal year 2012; and
       ``(D) $2,700,000 for fiscal year 2013.''.

     SEC. 1304. CONVEYANCE OF COAST GUARD BOAT HOUSE, NANTUCKET, 
                   MASSACHUSETTS.

       (a) Station Brant Point Boat House.--
       (1) Requirement.--The Secretary of the department in which 
     the Coast Guard is operating shall convey to the town of 
     Nantucket, Massachusetts, all right, title, and interest of 
     the United States in and to the buildings known as the 
     Station Brant Point Boat House located at Coast Guard Station 
     Brant Point, Nantucket, Massachusetts, for use for a public 
     purpose.
       (2) Terms of conveyance.--A conveyance of the building 
     under paragraph (1) shall be made--

[[Page 25532]]

       (A) without the payment of consideration; and
       (B) subject to appropriate terms and conditions the 
     Secretary considers necessary.
       (3) Reversionary interest.--All right, title, and interest 
     in property conveyed under this subsection shall revert to 
     the United States if any portion of the property is used 
     other than for a public purpose.
       (b) Lease.--
       (1) Requirement.--The Secretary of the department in which 
     the Coast Guard is operating shall enter into a lease with 
     the town of Nantucket that authorizes the town of Nantucket 
     to occupy the land on which the buildings conveyed under 
     subsection (a) are located, subject to appropriate terms and 
     conditions the Secretary considers necessary.
       (2) Lease term.--A lease under this subsection shall not 
     expire before January 31, 2033.
       (3) Termination of lease.--If the Secretary determines that 
     the property leased under paragraph (1) is necessary for 
     purposes of the Coast Guard, the Secretary--
       (A) may terminate the lease without payment of 
     compensation; and
       (B) shall provide the town of Nantucket not less than 12 
     months notice of the requirement to vacate the site and move 
     the buildings conveyed under subsection (a) to another 
     location.

     SEC. 1305. CREW WAGES ON PASSENGER VESSELS.

       (a) Foreign and Intercoastal Voyages.--
       (1) Cap on penalty wages.--Section 10313(g) of title 46, 
     United States Code, is amended--
       (A) by striking ``When'' and inserting ``(1) Subject to 
     paragraph (2), when''; and
       (B) by adding at the end the following:
       ``(2) The total amount required to be paid under paragraph 
     (1) with respect to all claims in a class action suit by 
     seamen on a passenger vessel capable of carrying more than 
     500 passengers for wages under this section against a vessel 
     master, owner, or operator or the employer of the seamen 
     shall not exceed ten times the unpaid wages that are the 
     subject of the claims.
       ``(3) A class action suit for wages under this subsection 
     must be commenced within three years after the later of--
       ``(A) the date of the end of the last voyage for which the 
     wages are claimed; or
       ``(B) the receipt, by a seaman who is a claimant in the 
     suit, of a payment of wages that are the subject of the suit 
     that is made in the ordinary course of employment.''.
       (2) Deposits.--Section 10315 of such title is amended by 
     adding at the end the following:
       ``(f) Deposits in Seaman Account.--By written request 
     signed by the seaman, a seaman employed on a passenger vessel 
     capable of carrying more than 500 passengers may authorize 
     the master, owner, or operator of the vessel, or the employer 
     of the seaman, to make deposits of wages of the seaman into a 
     checking, savings, investment, or retirement account, or 
     other account to secure a payroll or debit card for the 
     seaman if--
       ``(1) the wages designated by the seaman for such deposit 
     are deposited in a United States or international financial 
     institution designated by the seaman;
       ``(2) such deposits in the financial institution are fully 
     guaranteed under commonly accepted international standards by 
     the government of the country in which the financial 
     institution is licensed;
       ``(3) a written wage statement or pay stub, including an 
     accounting of any direct deposit, is delivered to the seaman 
     no less often than monthly; and
       ``(4) while on board the vessel on which the seaman is 
     employed, the seaman is able to arrange for withdrawal of all 
     funds on deposit in the account in which the wages are 
     deposited.''.
       (b) Coastwise Voyages.--
       (1) Cap on penalty wages.--Section 10504(c) of such title 
     is amended--
       (A) by striking ``When'' and inserting ``(1) Subject to 
     subsection (d), and except as provided in paragraph (2), 
     when''; and
       (B) by inserting at the end the following:
       ``(2) The total amount required to be paid under paragraph 
     (1) with respect to all claims in a class action suit by 
     seamen on a passenger vessel capable of carrying more than 
     500 passengers for wages under this section against a vessel 
     master, owner, or operator or the employer of the seamen 
     shall not exceed ten times the unpaid wages that are the 
     subject of the claims.
       ``(3) A class action suit for wages under this subsection 
     must be commenced within three years after the later of--
       ``(A) the date of the end of the last voyage for which the 
     wages are claimed; or
       ``(B) the receipt, by a seaman who is a claimant in the 
     suit, of a payment of wages that are the subject of the suit 
     that is made in the ordinary course of employment.''.
       (2) Deposits.--Section 10504 of such title is amended by 
     adding at the end the following:
       ``(f) Deposits in Seaman Account.--On written request 
     signed by the seaman, a seaman employed on a passenger vessel 
     capable of carrying more than 500 passengers may authorize, 
     the master, owner, or operator of the vessel, or the employer 
     of the seaman, to make deposits of wages of the seaman into a 
     checking, savings, investment, or retirement account, or 
     other account to secure a payroll or debit card for the 
     seaman if--
       ``(1) the wages designated by the seaman for such deposit 
     are deposited in a United States or international financial 
     institution designated by the seaman;
       ``(2) such deposits in the financial institution are fully 
     guaranteed under commonly accepted international standards by 
     the government of the country in which the financial 
     institution is licensed;
       ``(3) a written wage statement or pay stub, including an 
     accounting of any direct deposit, is delivered to the seaman 
     no less often than monthly; and
       ``(4) while on board the vessel on which the seaman is 
     employed, the seaman is able to arrange for withdrawal of all 
     funds on deposit in the account in which the wages are 
     deposited.''.

     SEC. 1306. TECHNICAL CORRECTIONS.

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

     SEC. 1307. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER 
                   STORIS.

       (a) In General.--Upon the scheduled decommissioning of the 
     Coast Guard Cutter STORIS, the Commandant of the Coast Guard 
     shall convey, without consideration, all right, title, and 
     interest of the United States in and to that vessel to the 
     USCG Cutter STORIS Museum and Maritime Education Center, LLC, 
     located in the State of Alaska if the recipient--
       (1) agrees--
       (A) to use the vessel for purposes of a museum and 
     historical display;
       (B) not to use the vessel for commercial transportation 
     purposes;
       (C) to make the vessel available to the United States 
     Government if needed for use by the Commandant in time of war 
     or a national emergency; and
       (D) to hold the Government harmless for any claims arising 
     from exposure to hazardous materials, including asbestos and 
     polychlorinated biphenyls, after conveyance of the vessel, 
     except for claims arising from the use by the Government 
     under subparagraph (C);
       (2) has funds available that will be committed to operate 
     and maintain in good working condition the vessel conveyed, 
     in the form of cash,

[[Page 25533]]

     liquid assets, or a written loan commitment and in an amount 
     of at least $700,000; and
       (3) agrees to any other conditions the Commandant considers 
     appropriate.
       (b) Maintenance and Delivery of Vessel.--
       (1) Maintenance.--Before conveyance of the vessel under 
     this section, the Commandant shall make, to the extent 
     practical and subject to other Coast Guard mission 
     requirements, every effort to maintain the integrity of the 
     vessel and its equipment until the time of delivery.
       (2) Delivery.--If a conveyance is made under this section, 
     the Commandant shall deliver the vessel to a suitable mooring 
     in the local area in its present condition.
       (3) Treatment of conveyance.--The conveyance of the vessel 
     under this section shall not be considered a distribution in 
     commerce for purposes of section 6(e) of Public Law 94-469 
     (15 U.S.C. 2605(e)).
       (c) Other Excess Equipment.--The Commandant may convey to 
     the recipient of a conveyance under subsection (a) any excess 
     equipment or parts from other decommissioned Coast Guard 
     vessels for use to enhance the operability and function of 
     the vessel conveyed under subsection (a) for purposes of a 
     museum and historical display.

     SEC. 1308. CONVEYANCE OF COAST GUARD HU-25 FALCON JET 
                   AIRCRAFT.

       (a) Authority To Convey.--Notwithstanding any other law, 
     the Commandant of the Coast Guard may convey to the Elizabeth 
     City State University (in this section referred to as the 
     ``University''), a public university located in the State of 
     North Carolina, without consideration all right, title, and 
     interest of the United States in an HU-25 Falcon Jet aircraft 
     under the administrative jurisdiction of the Coast Guard that 
     the Commandant determines--
       (1) is appropriate for use by the University; and
       (2) is excess to the needs of the Coast Guard.
       (b) Conditions.--
       (1) In general.--As a condition of conveying an aircraft to 
     the University under subsection (a), the Commandant shall 
     enter into an agreement with the University under which the 
     University agrees--
       (A) to utilize the aircraft for educational purposes or 
     other public purposes as jointly agreed upon by the 
     Commandant and the University before conveyance; and
       (B) to hold the United States harmless for any claim 
     arising with respect to the aircraft after conveyance of the 
     aircraft.
       (2) Reversionary interest.--If the Commandant determines 
     that the recipient violated subparagraph (A) or (B) of 
     paragraph (1), then--
       (A) all right, title, and interest in the aircraft shall 
     revert to the United States;
       (B) the United States shall have the right to immediate 
     possession of the aircraft; and
       (C) the recipient shall pay the United States for its costs 
     incurred in recovering the aircraft for such violation.
       (c) Limitation on Future Transfers.--
       (1) In general.--The Commandant shall include in the 
     instruments for the conveyance a requirement that any further 
     conveyance of an interest in the aircraft may not be made 
     without the approval in advance of the Commandant.
       (2) Reversionary interest.--If the Commandant determines 
     that an interest in the aircraft was conveyed without such 
     approval, then--
       (A) all right, title, and interest in the aircraft shall 
     revert to the United States;
       (B) the United States shall have the right to immediate 
     possession of the aircraft; and
       (C) the recipient shall pay the United States for its costs 
     incurred in recovering the aircraft for such a violation.
       (d) Delivery of Aircraft.--The Commandant shall deliver the 
     aircraft conveyed under subsection (a)--
       (1) at the place where the aircraft is located on the date 
     of the conveyance;
       (2) in its condition on the date of conveyance; and
       (3) without cost to the United States.
       (e) Additional Terms and Conditions.--The Commandant may 
     require such additional terms and conditions in connection 
     with the conveyance required by subsection (a) as the 
     Commandant considers appropriate to protect the interests of 
     the United States.

     SEC. 1309. DECOMMISSIONED COAST GUARD VESSELS FOR HAITI.

       (a) In General.--Notwithstanding any other law, upon the 
     scheduled decommissioning of any Coast Guard 41-foot patrol 
     boat, the Commandant of the Coast Guard shall give the 
     Government of Haiti a right-of-first-refusal for conveyance 
     of that vessel to the Government of Haiti, if that Government 
     of Haiti agrees--
       (1) to use the vessel for the Coast Guard of Haiti;
       (2) to make the vessel available to the United States 
     Government if needed for use by the Commandant in time of war 
     or national emergency;
       (3) to hold the United States Government harmless for any 
     claims arising from exposure to hazardous materials, 
     including asbestos and polychlorinated biphenyls, after 
     conveyance of the vessel, except for claims arising from the 
     use by the United States Government under paragraph (2); and
       (4) to any other conditions the Commandant considers 
     appropriate.
       (b) Limitation.--The Commandant may not convey more than 10 
     vessels to the Government of Haiti pursuant to this section.
       (c) Maintenance and Delivery of Vessel.--
       (1) Maintenance.--Before conveyance of a vessel under this 
     section, the Commandant shall make, to the extent practical 
     and subject to other Coast Guard mission requirements, every 
     effort to maintain the integrity of the vessel and its 
     equipment until the time of delivery.
       (2) Delivery.--If a conveyance is made under this section, 
     the Commandant shall deliver a vessel to a suitable mooring 
     in the local area in its present condition.
       (3) Treatment of conveyance.--The conveyance of a vessel 
     under this section shall not be considered a distribution in 
     commerce for purposes of section 6(e) of Public Law 94-469 
     (15 U.S.C. 2605(e)).

     SEC. 1310. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS 
                   DEVELOPMENT.

       (a) In General.--Notwithstanding section 12111(d) of title 
     46, United States Code, foreign-flag vessels may be chartered 
     by, or on behalf of, a lessee to be employed for the setting, 
     relocation, or recovery of anchors or other mooring equipment 
     of a mobile offshore drilling unit that is located over the 
     Outer Continental Shelf (as defined in section 2(a) of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)) for 
     operations in support of exploration, or flow-testing and 
     stimulation of wells, for offshore mineral or energy 
     resources in the Beaufort Sea or the Chukchi Sea adjacent to 
     Alaska--
       (1) for a 1-year period from the date the lessee gives the 
     Secretary of Transportation written notice of the 
     commencement of such exploration drilling if the Secretary 
     determines, after publishing notice in the Federal Register, 
     that insufficient vessels documented under section 12111(d) 
     of title 46, United States Code, are reasonably available and 
     suitable for these support operations and all such reasonably 
     available and suitable vessels are employed in support of 
     such operations; and
       (2) for an additional period until such vessels are 
     available if the Secretary of Transportation determines--
       (A) that, by April 30 of the year following the 
     commencement of exploration drilling, the lessee has entered 
     into a binding agreement to employ a suitable vessel or 
     vessels to be documented under section 12111(d) of title 46, 
     United States Code, in sufficient numbers and with sufficient 
     suitability to replace any foreign-flag vessel or vessels 
     operating under this section; and
       (B) after publishing notice in the Federal Register, that 
     insufficient vessels documented under section 12111(d) of 
     title 46, United States Code, are reasonably available and 
     suitable for these support operations and all such reasonably 
     available and suitable vessels are employed in support of 
     such operations.
       (b) Expiration.--Irrespective of the year in which the 
     commitment referred to in subsection (a)(2)(A) occurs, 
     foreign-flag anchor handling vessels may not be employed for 
     the setting, relocation, or recovery of anchors or other 
     mooring equipment of a mobile offshore drilling unit after 
     December 31, 2017.
       (c) Lessee Defined.--In this section, the term ``lessee'' 
     means the holder of a lease (as defined in section 1331(c) of 
     title 43, United States Code), who, prior to giving the 
     written notice in subsection (a)(1), has entered into a 
     binding agreement to employ a suitable vessel documented or 
     to be documented under section 12111(d) of title 46, United 
     States Code.
       (d) Savings Provision.--Nothing in subsection (a) may be 
     construed to authorize the employment in the coastwise trade 
     of a vessel that does not meet the requirements of section 
     12112 of title 46, United States Code.

     SEC. 1311. VESSEL TRAFFIC RISK ASSESSMENT.

       (a) Requirement.--The Commandant of the Coast Guard, acting 
     through the appropriate Area Committee established under 
     section 311(j)(4) of the Federal Water Pollution Control Act, 
     shall prepare a vessel traffic risk assessment for Cook 
     Inlet, Alaska, within one year after the date of enactment of 
     this Act.
       (b) Contents.--The assessment shall describe, for the 
     region covered by the assessment--
       (1) the amount and character of present and estimated 
     future shipping traffic in the region; and
       (2) the current and projected use and effectiveness in 
     reducing risk, of--
       (A) traffic separation schemes and routing measures;
       (B) long-range vessel tracking systems developed under 
     section 70115 of title 46, United States Code;
       (C) towing, response, or escort tugs;
       (D) vessel traffic services;
       (E) emergency towing packages on vessels;
       (F) increased spill response equipment including equipment 
     appropriate for severe weather and sea conditions;
       (G) the Automatic Identification System developed under 
     section 70114 of title 46, United States Code;
       (H) particularly sensitive sea areas, areas to be avoided, 
     and other traffic exclusion zones;
       (I) aids to navigation; and
       (J) vessel response plans.
       (c) Recommendations.--
       (1) In general.--The assessment shall include any 
     appropriate recommendations to enhance the safety, or lessen 
     potential adverse environmental impacts, of marine shipping.
       (2) Consultation.--Before making any recommendations under 
     paragraph (1) for a region, the Area Committee shall consult 
     with affected local, State, and Federal government agencies, 
     representatives of the fishing industry, Alaska Natives from 
     the region, the conservation community, and the merchant 
     shipping and oil transportation industries.
       (d) Provision to Congress.--The Commandant shall provide a 
     copy of the assessment to the Committee on Transportation and 
     Infrastructure of the House of Representatives and

[[Page 25534]]

     the Committee on Commerce, Science, and Transportation of the 
     Senate.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Commandant $1,000,000 for fiscal 
     year 2010 to the conduct the assessment.

     SEC. 1312. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO 
                   FACILITIES.

       (a) Purposes.--The purposes of this section are--
       (1) to authorize a project study to evaluate the 
     feasibility of consolidating and relocating Coast Guard 
     facilities at Coast Guard Sector Buffalo within the study 
     area;
       (2) to obtain a preliminary plan for the design, 
     engineering, and construction for the consolidation of Coast 
     Guard facilities at Sector Buffalo; and
       (3) to distinguish what Federal lands, if any, shall be 
     identified as excess after the consolidation.
       (b) Definitions.--In this section:
       (1) Commandant.--The term ``Commandant'' means the 
     Commandant of the Coast Guard.
       (2) Sector buffalo.--The term ``Sector Buffalo'' means 
     Coast Guard Sector Buffalo of the Ninth Coast Guard District.
       (3) Study area.--The term ``study area'' means the area 
     consisting of approximately 31 acres of real property and any 
     improvements thereon that are commonly identified as Coast 
     Guard Sector Buffalo, located at 1 Fuhrmann Boulevard, 
     Buffalo, New York, and under the administrative control of 
     the Coast Guard.
       (c) Study.--
       (1) In general.--Within 12 months after the date on which 
     funds are first made available to carry out this section, the 
     Commandant shall conduct a project proposal report of the 
     study area and shall submit such report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (2) Requirements.--The project proposal report shall--
       (A) evaluate the most cost-effective method for providing 
     shore facilities to meet the operational requirements of 
     Sector Buffalo;
       (B) determine the feasibility of consolidating and 
     relocating shore facilities on a portion of the existing 
     site, while--
       (i) meeting the operational requirements of Sector Buffalo; 
     and
       (ii) allowing the expansion of operational requirements of 
     Sector Buffalo; and
       (C) contain a preliminary plan for the design, engineering, 
     and construction of the proposed project, including--
       (i) the estimated cost of the design, engineering, and 
     construction of the proposed project;
       (ii) an anticipated timeline of the proposed project; and
       (iii) a description of what Federal lands, if any, shall be 
     considered excess to Coast Guard needs.
       (d) Limitation.--Nothing in this section shall affect the 
     current administration and management of the study area.

     SEC. 1313. CONVEYANCE OF COAST GUARD VESSELS TO MISSISSIPPI.

       (a) Authority To Convey.--Notwithstanding the Federal 
     Property and Administrative Services Act of 1949, the 
     Commandant of the Coast Guard may convey to each recipient 
     described in subsection (b) (in this section referred to as 
     the ``Sheriff's Department''), without consideration all 
     right, title, and interest of the United States in and to a 
     Coast Guard trailerable boat, ranging from 17 feet to 30 feet 
     in size, that the Commandant determines--
       (1) is appropriate for use by the Sheriff's Department; and
       (2) is excess to the needs of the Coast Guard and the 
     Department of Homeland Security.
       (b) Recipients.--The recipients referred to in subsection 
     (a) are the following:
       (1) The Sheriff's Department of Coahoma County, 
     Mississippi.
       (2) The Sheriff's Department of Warren County, Mississippi.
       (3) The Sheriff's Department of Washington County, 
     Mississippi.
       (c) Condition.--As a condition of conveying a vessel under 
     the authority provided in subsection (a), the Commandant 
     shall enter into an agreement with the Sheriff's Department 
     under which the Sheriff's Department agrees--
       (1) to utilize the vessel for homeland security and other 
     appropriate purposes as jointly agreed upon by the Commandant 
     and the Sheriff's Department before conveyance; and
       (2) to take the vessel ``as is'' and to hold the United 
     States harmless for any claim arising with respect to that 
     vessel after conveyance of the vessel, including any claims 
     arising from the condition of the vessel and its equipment or 
     exposure to hazardous materials.
       (d) Delivery of Vessel.--The Commandant shall deliver the 
     vessel conveyed under the authority provided in subsection 
     (a)--
       (1) at the place where the vessel is located on the date of 
     the conveyance;
       (2) in its condition on the date of conveyance; and
       (3) without cost to the United States.
       (e) Other Excess Equipment.--The Commandant may further 
     convey any excess equipment or parts from other Coast Guard 
     vessels, which are excess to the needs of the Coast Guard and 
     the Department of Homeland Security, to the Sheriff's 
     Department for use to enhance the operability of the vessel 
     conveyed under the authority provided in subsection (a).
       (f) Additional Terms and Conditions.--The Commandant may 
     require such additional terms and conditions in connection 
     with the conveyance authorized by subsection (a) as the 
     Commandant considers appropriate to protect the interests of 
     the United States.

     SEC. 1314. COAST GUARD ASSETS FOR UNITED STATES VIRGIN 
                   ISLANDS.

       (a) In General.--The Secretary of Homeland Security may 
     station additional Coast Guard assets in the United States 
     Virgin Islands for port security and other associated 
     purposes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for fiscal year 2010 such 
     sums as are necessary to carry out this section.

     SEC. 1315. OFFICER REQUIREMENTS FOR DISTANT WATER TUNA 
                   VESSELS.

       Section 8103 of title 46, United States Code, is amended by 
     adding at the end the follow new subsection:
       ``(l) Officer Requirements for Distant Water Tuna 
     Vessels.--
       ``(1) Citizenship.--Notwithstanding subsection (a), a purse 
     seine tuna fishing vessel documented under chapter 121 
     fishing exclusively for highly migratory species under a 
     fishing license issued pursuant to the 1987 Treaty on 
     Fisheries Between the Governments of Certain Pacific Islands 
     States and the Government of the United States of America in 
     the treaty area (as that term is used in that treaty), or 
     transiting to or from the treaty area exclusively for such 
     purpose, may engage an individual who is not a citizen of the 
     United States to fill a vacancy in a position referred to in 
     subsection (a) (except for the master) if, after timely 
     public notice of the vacancy, no United States citizens are 
     readily available to fill the vacancy.
       ``(2) Restrictions.--
       ``(A) In general.--An individual may not be engaged under 
     paragraph (1) unless the individual holds a valid license or 
     certificate issued--
       ``(i) in accordance with the standards established by the 
     1995 amendments to the Convention on Standards of Training, 
     Certification and Watchkeeping for Seafarers, 1978 (STCW 95); 
     and
       ``(ii) by an authority that the Secretary of the department 
     in which the Coast Guard is operating recognizes as imposing 
     competency and training standards equivalent to or exceeding 
     those required for a issued under chapter 71.
       ``(B) Limitation on application.--Paragraph (1) applies 
     only to engagement of an individual on a vessel that--
       ``(i) is homeported in American Samoa, Guam, or the 
     Northern Mariana Islands; and
       ``(ii) has passed an annual commercial fishing vessel 
     safety exam administered by a individual authorized to 
     enforce this title.
       ``(3) Treatment of equivalent license.--The Secretary of 
     the department in which the Coast Guard is operating shall 
     treat a license held by an individual engaged under paragraph 
     (1) that was issued by a foreign government as meeting the 
     requirements of section 8304 with respect to that engagement, 
     if the Secretary determines that the standards for issuing 
     that license are equivalent to the standards that apply under 
     that section.''.

     SEC. 1316. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD 
                   PRESENCE IN HIGH LATITUDE REGIONS.

       Within 270 days after the date of enactment of this Act, 
     the Secretary of the department in which the Coast Guard is 
     operating shall submit a report to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives assessing the need for additional Coast Guard 
     prevention and response capability in the high latitude 
     regions. The assessment shall address needs for all Coast 
     Guard mission areas, including search and rescue, marine 
     pollution response and prevention, fisheries enforcement, and 
     maritime commerce. The Secretary shall include in the 
     report--
       (1) an assessment of the high latitude operating 
     capabilities of all current Coast Guard assets, including 
     assets acquired under the Deepwater program;
       (2) an assessment of projected needs for Coast Guard 
     forward operating bases in the high latitude regions;
       (3) an assessment of shore infrastructure, personnel, 
     logistics, communications, and resources requirements to 
     support Coast Guard forward operating bases in the high 
     latitude regions;
       (4) an assessment of the need for high latitude icebreaking 
     capability and the capability of the current high latitude 
     icebreaking assets of the Coast Guard, including--
       (A) whether the Coast Guard's high latitude icebreaking 
     fleet is meeting current mission performance goals;
       (B) whether the fleet is capable of meeting projected 
     mission performance goals; and
       (C) an assessment of the material condition, safety, and 
     working conditions aboard high latitude icebreaking assets, 
     including the effect of those conditions on mission 
     performance;
       (5) a detailed estimate of acquisition costs for each of 
     the assets (including shore infrastructure) necessary for 
     additional prevention and response capability in high 
     latitude regions for all Coast Guard mission areas, and an 
     estimate of operations and maintenance costs for such assets 
     for the initial 10-year period of operations; and
       (6) detailed cost estimates (including operating and 
     maintenance for a period of 10 years) for high latitude 
     icebreaking capability to ensure current and projected future 
     mission performance goals are met, including estimates of the 
     costs to--
       (A) renovate and modernize the Coast Guard's existing high 
     latitude icebreaking fleet; and

[[Page 25535]]

       (B) replace the Coast Guard's existing high latitude 
     icebreaking fleet.

     SEC. 1317. STUDY OF REGIONAL RESPONSE VESSEL AND SALVAGE 
                   CAPABILITY FOR OLYMPIC PENINSULA COAST, 
                   WASHINGTON.

       No later than 180 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall study through the National Academy of 
     Sciences the need for regional response vessel and salvage 
     capability for the State of Washington Olympic Peninsula 
     coast. In conducting the study, the National Academy of 
     Sciences shall consult with Federal, State, and tribal 
     officials and other relevant stakeholders. The study shall--
       (1) identify the capabilities, equipment, and facilities 
     necessary for a response vessel in the entry to the Strait of 
     Juan de Fuca at Neah Bay in order to optimize oil spill 
     protection on Washington's Olympic Peninsula coast and 
     provide rescue towing services, oil spill response, and 
     salvage and firefighting capabilities;
       (2) analyze the multimission capabilities necessary for a 
     rescue vessel and the need for that vessel to utilize cached 
     salvage, oil spill response, and oil storage equipment while 
     responding to a spill or a vessel in distress, and make 
     recommendations as to the placement of such equipment;
       (3) address scenarios that consider all vessel types and 
     weather conditions and compare current Neah Bay rescue vessel 
     capabilities, costs, and benefits with other United States 
     industry-funded response vessels, including those currently 
     operating in Alaska's Prince William Sound;
       (4) determine whether the current level of protection 
     afforded by the Neah Bay response vessel and associated 
     response equipment is comparable to protection in other 
     locations where response vessels operate, including Prince 
     William Sound, Alaska, and if it is not comparable, make 
     recommendations regarding how capabilities, equipment, and 
     facilities should be modified to achieve optimum protection; 
     and
       (5) consider pending firefighting and salvage regulations 
     developed pursuant to the Oil Pollution Act of 1990.

     SEC. 1318. STUDY OF BRIDGES OVER NAVIGABLE WATERS.

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

     SEC. 1319. LIMITATION ON JURISDICTION OF STATES TO TAX 
                   CERTAIN SEAMEN.

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

     SEC. 1320. DECOMMISSIONED COAST GUARD VESSELS FOR BERMUDA.

       (a) In General.--Notwithstanding any other law, upon the 
     scheduled decommissioning of any Coast Guard 41-foot patrol 
     boat and after the Government of Haiti has exercised all of 
     their options under section 1309, the Commandant of the Coast 
     Guard shall give the Government of Bermuda a right-of-first-
     refusal for conveyance of that vessel to the Government of 
     Bermuda, if that Government of Bermuda agrees--
       (1) to use the vessel for the Coast Guard of Bermuda;
       (2) to make the vessel available to the United States 
     Government if needed for use by the Commandant in time of war 
     or national emergency;
       (3) to hold the United States Government harmless for any 
     claims arising from exposure to hazardous materials, 
     including asbestos and polychlorinated biphenyls, after 
     conveyance of the vessel, except for claims arising from the 
     use by the United States Government under paragraph (2); and
       (4) to any other conditions the Commandant considers 
     appropriate.
       (b) Limitation.--The Commandant may not convey more than 3 
     vessels to the Government of Bermuda pursuant to this 
     section.
       (c) Maintenance and Delivery of Vessel.--
       (1) Maintenance.--Before conveyance of a vessel under this 
     section, the Commandant shall make, to the extent practical 
     and subject to other Coast Guard mission requirements, every 
     effort to maintain the integrity of the vessel and its 
     equipment until the time of delivery.
       (2) Delivery.--If a conveyance is made under this section, 
     the Commandant shall deliver a vessel to a suitable mooring 
     in the local area in its present condition.
       (3) Treatment of conveyance.--The conveyance of a vessel 
     under this section shall not be considered a distribution in 
     commerce for purposes of section 6(e) of Public Law 94-469 
     (15 U.S.C. 2605(e)).

     SEC. 1321. CONVEYANCE OF COAST GUARD VESSELS TO NASSAU 
                   COUNTY, NEW YORK.

       (a) Authority To Convey.--Notwithstanding the Federal 
     Property and Administrative Services Act of 1949, the 
     Commandant of the Coast Guard may convey to the Police 
     Department of Nassau County, New York (in this section 
     referred to as the ``Police Department''), without 
     consideration all right, title, and interest of the United 
     States in and to two Coast Guard 41-foot patrol boats that 
     the Commandant determines--
       (1) is appropriate for use by the Police Department; and
       (2) is excess to the needs of the Coast Guard and the 
     Department of Homeland Security.
       (b) Condition.--As a condition of conveying a vessel under 
     the authority provided in subsection (a), the Commandant 
     shall enter into an agreement with the Police Department 
     under which the Police Department agrees--
       (1) to utilize the vessel for homeland security and other 
     appropriate purposes as jointly agreed upon by the Commandant 
     and the Police Department before conveyance; and
       (2) to take the vessel ``as is'' and to hold the United 
     States harmless for any claim arising with respect to that 
     vessel after conveyance of the vessel, including any claims 
     arising from the condition of the vessel and its equipment or 
     exposure to hazardous materials.
       (c) Delivery of Vessel.--The Commandant shall deliver a 
     vessel conveyed under the authority provided in subsection 
     (a)--
       (1) at the place where the vessel is located on the date of 
     the conveyance;
       (2) in its condition on the date of conveyance; and
       (3) without cost to the United States.
       (d) Other Excess Equipment.--The Commandant may further 
     convey any excess equipment or parts from other Coast Guard 
     vessels, which are excess to the needs of the Coast Guard and 
     the Department of Homeland Security, to the Police Department 
     for use to enhance the operability of a vessel conveyed under 
     the authority provided in subsection (a).
       (e) Additional Terms and Conditions.--The Commandant may 
     require such additional terms and conditions in connection 
     with a conveyance authorized by subsection (a) as the 
     Commandant considers appropriate to protect the interests of 
     the United States.

     SEC. 1322. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.

       (a) Study.--The Administrator of the Environmental 
     Protection Agency shall conduct a study on the public health, 
     safety, and environmental concerns related to the underground 
     petroleum spill on the Brooklyn shoreline of Newtown Creek, 
     New York City, New York, in Greenpoint, Brooklyn, New York.
       (b) Full-Site Characterization and Collection of New Field 
     Evidence.--In carrying out the study under this section, the 
     Administrator shall conduct a full-site characterization of 
     the underground petroleum spill, including the investigation, 
     collection, and analysis of new and updated data and field 
     evidence on the extent of the petroleum spill, including any 
     portion of the spill that has been diluted into surrounding 
     waters, and any surrounding soil contamination or soil vapor 
     contamination.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit a 
     report containing the results of the study to the Committee 
     on Environment and Public Works and the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000.

     SEC. 1323. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE 
                   COUNTY, MICHIGAN, TO THE CITY OF MARQUETTE, 
                   MICHIGAN.

       (a) Conveyance Authorized.--(1) The Commandant of the Coast 
     Guard may convey as surplus property, under section 550 of 
     title 40, United States Code, and other relevant Federal Laws 
     governing the disposal of Federal surplus property, to the 
     City of Marquette, Michigan (in this section referred to as 
     the ``City''), all right, title, and interest of the United 
     States in and to a parcel of real property, together with any 
     improvements thereon, located in Marquette County, Michigan, 
     that is under the administrative control of the Coast Guard, 
     consisting of approximately 5.5 acres of real property, as 
     depicted on the Van Neste survey (#204072), dated September 
     7, 2006, together with the land between the intermediate 
     traverse line as shown on such survey and the ordinary high 
     water mark, the total comprising 9 acres, more or less, and 
     commonly identified as Coast Guard Station Marquette and 
     Lighthouse Point.
       (2) Except as provided in paragraph (3), any cost 
     associated with the conveyance shall be borne by the City, 
     including, but not limited to, closing costs, attorney fees, 
     and the cost of surveys, inspections, title examinations, and 
     deed preparation.
       (3)(A) Except as provided in subparagraph (B), prior to the 
     conveyance of the property, the Coast Guard shall perform and 
     bear the cost of environmental remediation required under 
     Federal law. Nothing in this section shall be construed to 
     compel the Coast Guard to complete such remediation before 10 
     years from the date of enactment of this section.
       (B) The City may assume the Coast Guard's responsibility to 
     perform and bear the cost of the environmental remediation, 
     provided that--
       (i) the City provides written notice that it will assume 
     responsibility for the performance of such remediation and 
     the cost thereof; and
       (ii) the City and the Coast Guard enter into a written 
     agreement thereon.
       (b) Retention of Certain Easements.--In conveying the 
     property under subsection (a), the Commandant of the Coast 
     Guard may retain such easements over the property as the 
     Commandant considers appropriate for access to aids to 
     navigation.
       (c) Limitations.--The property to be conveyed under 
     subsection (a) may not be conveyed under that subsection 
     until--

[[Page 25536]]

       (1) the Coast Guard has relocated Coast Guard Station 
     Marquette to a newly constructed station;
       (2) any environmental remediation required under Federal 
     law with respect to the property has been completed; and
       (3) the Commandant of the Coast Guard determines that 
     retention of the property by the United States is not 
     required to carry out Coast Guard missions or functions.
       (d) Conditions of Transfer.--All conditions placed within 
     the deed of title of the property to be conveyed under 
     subsection (a) shall be construed as covenants running with 
     the land.
       (e) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Commandant of the Coast Guard.
       (f) Additional Terms and Conditions.--The Commandant of the 
     Coast Guard may require such additional terms and conditions 
     in connection with the conveyance authorized by subsection 
     (a) as the Commandant considers appropriate to protect the 
     interests of the United States.

     SEC. 1324. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE 
                   PORTIONS OF THE RIO GRANDE RIVER, TEXAS, 
                   INTERNATIONAL WATER BOUNDARY.

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

     SEC. 1325. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN, 
                   MICHIGAN.

       (a) Conveyance Authorized.--Notwithstanding any other 
     provision of law, the Commandant of the Coast Guard is 
     authorized to convey, at fair market value, all right, title, 
     and interest of the United States in and to a parcel of real 
     property, consisting of approximately 3 acres, more or less, 
     that is under the administrative control of the Coast Guard 
     and located at 900 S. Western Avenue in Cheboygan, Michigan.
       (b) Right of First Refusal.--The Cornerstone Christian 
     Academy, located in Cheboygan, MI, shall have the right of 
     first refusal to purchase, at fair market value, all or a 
     portion of the real property described in subsection (a).
       (c) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Commandant of the Coast Guard.
       (d) Fair Market Value.--The fair market value of the 
     property shall be--
       (1) determined by appraisal, in accordance with the Uniform 
     Appraisal Standards for Federal Land Acquisitions and the 
     Uniform Standards of Professional Appraisal Practice; and
       (2) subject to the approval of the Commandant.
       (e) Costs of Conveyance.--Any cost associated with the 
     conveyance shall be borne by the purchaser, including, but 
     not limited to--
       (1) closing costs, attorney fees, and the cost of surveys, 
     inspections, title examinations, and deed preparation; and
       (2) environmental analyses, assessments, clearances, and, 
     if required under Federal law, environmental remediation.
       (f) Environmental Remediation.--Before conveyance of the 
     real property described in paragraph (a), purchaser shall 
     perform any environmental remediation of the property that is 
     required under Federal law.
       (g) Credit of Funds.--Notwithstanding any other provision 
     of law, the net proceeds of a conveyance, authorized under 
     subsection (a), shall--
       (1) be credited to the Coast Guard Environmental Compliance 
     and Restoration appropriations account current at the time 
     collection is made;
       (2) be made available, subject to appropriation, for 
     environmental compliance and restoration purposes in 
     conjunction with any disposal of any property under the 
     administrative control of the Coast Guard; and
       (3) remain available for such purposes until expended.
       (h) Additional Terms and Conditions.--The Commandant of the 
     Coast Guard may require such additional terms and conditions 
     in connection with the conveyance under subsection (a) as is 
     considered appropriate to protect the interests of the United 
     States.

  The CHAIR. No amendment to the bill, as amended, is in order except 
those printed in House Report 111-311. Each amendment may be offered 
only in the order printed in the report, by a Member designated in the 
report, shall be considered read, shall be debatable for the time 
specified in the report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question.


                Amendment No. 1 Offered by Mr. Oberstar

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
House Report 111-311.
  Mr. OBERSTAR. Madam Chair, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Oberstar:
       Page 10, line 14, strike ``Department'' and insert 
     ``department''.
       Page 11, line 5, after ``Department of Defense'' insert 
     ``and the Department of Homeland Security''.
       Page 17, line 1, strike ``EMERGENCY''.
       Page 24, line 12, after ``Coast Guard'' insert ``is 
     operating''.
       Page 38, before line 7, insert the following new 
     subsection:
       (d) Report.--Within 12 months after the date of enactment 
     of this Act, the Comptroller General of the United States 
     shall report to Congress on the Coast Guard's efforts to 
     recruit minority candidates to the Coast Guard Academy. The 
     report shall include the following:
       (1) The status of implementation of the Coast Guard's 
     minority recruitment program.
       (2) An assessment of the effectiveness of the program, 
     including the number of minority applicants contacted by the 
     Coast Guard Academy, the number of minority candidates who 
     completed applications to the Academy, the number of minority 
     candidates offered appointments to the Academy, and the 
     number of candidates who accepted such appointments.
       (3) A comparison of the Coast Guard's minority recruitment 
     program with similar programs at other United States service 
     academies.
       (4) Recommendations for enhancing the Coast Guard's 
     minority recruitment program.
       (5) An assessment of the current geographic diversity of 
     cadets currently enrolled at the Coast Guard Academy 
     including information on the number of candidates from each 
     State and region of the United States who were contacted by 
     the Academy, the number of candidates from each State and 
     region of the United States who completed applications to the 
     Academy, the number of candidates from each State and region 
     of the country offered appointments to the Academy, and the 
     number of candidates from each State and region of the 
     country who accepted such appointments.
       (6) Recommendations for increasing the geographic diversity 
     of the student population at the Coast Guard Academy.
       Page 38, line 13, after ``ture'' insert ``and the Committee 
     on Homeland Security''.
       Page 44, line 11, strike ``or''.
       Page 44, line 12, before the period insert ``, or an Asian 
     American and a Native American Pacific Islander-serving 
     institution (as defined in section 320 of such Act)''.
       Page 54, strike line 19 and all that follows through page 
     55, line 11, and insert the following:
       (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.
       Page 57, line 25, strike ``safe, secure, and reliable'' and 
     insert ``safe and secure''.
       Page 58, line 7, strike ``shall work'' and insert ``is 
     encouraged to enter into negotiations''.
       Page 58, line 8, strike ``establish'' and insert ``conclude 
     and execute''.
       Page 58, line 14, strike ``icebreaking escort'' and insert 
     ``marine safety''.
       Page 59, line 13, strike ``assure the reasonable demands of 
     commerce'' and insert ``carry out the purposes of this 
     section''.
       Page 59, line 17, after ``emissions'' insert ``(including 
     black carbon and other emissions that could contribute to 
     climate change)''.
       Page 62, strike line 12 and all that follows through page 
     64, line 22, and insert the following:

     SEC. 559. LORAN-C SIGNAL.

       (a) Subject to subsection (b), the Secretary of Homeland 
     Security may not operate the Loran-C signal after January 4, 
     2010.
       (b) The limitation in subsection (a) shall take effect only 
     if the Commandant of the Coast Guard certifies that--
       (1) the termination of the operation of the Loran-C signal 
     as of the date specified in subsection (a) will not adversely 
     impact the safety of maritime navigation; and

[[Page 25537]]

       (2) the Loran-C system infrastructure is not needed as a 
     backup to the Global Positioning System or any other Federal 
     navigation requirement.
       (c) If the Commandant makes the certifications described in 
     subsection (b), the Coast Guard shall, commencing January 4, 
     2010, terminate the operation of the Loran-C signal and 
     commence a phased decommissioning of the Loran-C system 
     infrastructure.
       (d) Not later than 30 days after such certifications made 
     pursuant to subsection (b), 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 setting 
     forth a proposed schedule for the phased decommissioning of 
     the Loran-C system infrastructure in the event of the 
     decommissioning of such infrastructure in accordance with 
     subsection (c).
       (e) If the Commandant makes the certifications described in 
     subsection (b), the Secretary of Homeland Security, acting 
     through the Commandant of the Coast Guard, may, 
     notwithstanding any other provision of law, sell any real and 
     personal property under the administrative control of the 
     Coast Guard and used for the Loran-C system, by directing the 
     Administrator of General Services to sell such real and 
     personal property, subject to such terms and conditions that 
     the Secretary believes to be necessary to protect government 
     interests and program requirements of the Coast Guard.
       Page 65, strike lines 12 and 13 and insert the following:
       ``(2) Prince william sound, alaska.--The requirement in
       Page 66, strike lines 1 through 6 and insert close 
     quotation marks and a following period.
       Page 66, after line 9, insert the following new subsection:
       (c) Rulemaking.--
       (1) Interim final rule authority.--The Secretary shall 
     issue an interim final rule as a temporary regulation 
     implementing this section (including the amendments made by 
     this section) as soon as practicable after the date of 
     enactment of this section, without regard to the provisions 
     of chapter 5 of title 5, United States Code. All regulations 
     prescribed under the authority of this paragraph that are not 
     earlier superseded by final regulations shall expire not 
     later than 1 year after the date of enactment of this Act.
       (2) Initiation of rulemaking.--The Secretary may initiate a 
     rulemaking to implement this section (including the 
     amendments made by this section) as soon as practicable after 
     the date of enactment of this section. The final rule issued 
     pursuant to that rulemaking may supersede the interim final 
     rule promulgated under this subsection.
       Page 77, line 1, insert ``or more'' after ``10''.
       Page 79, line 6, insert ``or more'' after ``10''.
       Page 98, line 19, strike ``10'' and insert ``15''.
       Page 109, line 5, strike ``or Level 2''.
       Page 139, line 24, strike ``and''.
       Page 140, line 12, strike ``and''.
       Page 151, line 17, before the period insert ``or marine 
     safety engineer''.
       Page 158, beginning at line 3, strike ``and the Assistant 
     Commandant for Marine Safety''.
       Page 158, line 4, strike ``jointly''.
       Page 158, beginning at line 6, strike ``and the Assistant 
     Commandant''.
       Page 158, line 7, strike ``jointly convey their'' and 
     insert ``convey the Commandant's''.
       Page 158, line 8, strike ``Assistant Commandant'' and 
     insert ``marine safety workforce''.
       Page 176, line 4, strike ``established'' and insert 
     ``establish''.
       Page 180, line 19, strike ``major conversion'' and insert 
     ``substantial change to the dimension of or type of the 
     vessel''.
       Page 181, line 10, strike ``major conversion'' and insert 
     ``substantial change to the dimension of or type of the 
     vessel''.
       Page 193, line 15, strike ``Department'' and insert 
     ``department''.
       Page 210, after line 25, insert the following new sections:

     SEC. __. PILOT REQUIRED.

       Section 8502(g) of title 46, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``and Buzzards Bay, 
     Massachusetts'' before ``, if any,''; and
       (2) by adding at the end the following:
       ``(3) In any area of Buzzards Bay, Massachusetts, where a 
     single-hull tanker or tank vessel carrying 5,000 or more 
     barrels of oil or other hazardous material is required to be 
     under the direction and control of a Federal first class 
     pilot, the pilot may not be a member of the crew of that 
     vessel, and shall be a pilot licensed--
       ``(A) by the State of Massachusetts who is operating under 
     a Federal first class pilot's license; or
       ``(B) under section 7101 of this title as a Federal first 
     class pilot who has made at least 20 round trips on a vessel 
     as a quartermaster, wheelsman, able seaman, or apprentice 
     pilot, or in an equivalent capacity, including--
       ``(i) at least 1 round trip through Buzzards Bay in the 
     preceding 12-month period; and
       ``(ii) if the vessel will be navigating in periods of 
     darkness in an area of Buzzards Bay where a vessel is 
     required by regulation to have a pilot, at least 5 round 
     trips through Buzzards Bay during periods of darkness.''.

     SEC. __. DELEGATION OF AUTHORITY TO CLASSIFICATION SOCIETIES 
                   REGARDING OFFSHORE FACILITIES.

       (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).''.
       Page 215, line 11, strike ``United States Coast Guard'' and 
     insert ``Coast Guard''.
       Page 215, beginning at line 15, strike ``U.S. Coast Guard'' 
     and insert ``Coast Guard''.
       Page 218, line 17, strike ``United States Coast Guard'' and 
     insert ``Coast Guard''.
       Page 221, beginning at line 12, strike ``United States 
     Coast Guard'' and insert ``Coast Guard''.
       Page 226, beginning at line 5, strike ``this section or a 
     regulation under this section'' and insert ``the log book or 
     reporting requirements required under subsection (g)''.
       Page 230, line 22, strike ``United States Coast Guard'' and 
     insert ``Coast Guard''.
       Page 231, strike lines 17 through 21 and insert the 
     following:
       ``A person who uses force at sea to defend a vessel against 
     an act of piracy shall not be liable for monetary damages in 
     any action brought with respect to harm caused by such use of 
     force to anyone engaging in such act

[[Page 25538]]

     of piracy, unless the person using such force knew at the 
     time that it was substantially in excess of what was 
     reasonable in defending the vessel against such act of 
     piracy.''.
       Page 235, line 5, after ``local'' insert a comma.
       Page 235, line 13, strike ``and''.
       Page 235, line 15, strike the period and insert ``; and''.
       Page 235, after line 15, insert the following new 
     subparagraph:
       (C) architecture for integrated interagency targeting.
       Page 237, strike lines 21 and 22 and insert the following: 
     ``Department of Homeland Security; and''.
       Page 238, line 9, strike ``2008'' and insert ``2010''.
       Page 242, line 5, before the period insert ``and facial and 
     iris scan technology''.
       Page 242, after line 5, add the following new subsection:
       (e) Study on Combination of Facial and Iris Recognition.--
       (1) Study required.--The Secretary of Homeland Security 
     shall carry out a study on the use by the Coast Guard of the 
     combination of facial and iris recognition 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) establishment of integrated face and iris features for 
     accurate identification of individuals.
       (2) Purpose of study.--The purpose of the study required by 
     paragraph (1) is to facilitate the use of a combination of 
     facial and iris recognition to provide a higher probability 
     of success in identification than either approach on its own 
     and to achieve transformational advances in the flexibility, 
     authenticity, and overall capability of integrated biometric 
     detectors and satisfy one of major issues with war against 
     terrorists. The operational goal of the study should be to 
     provide the capability to nonintrusively collect biometrics 
     (face image, iris) in an accurate and expeditious manner to 
     assist the Coast Guard in fulfilling its mission to protect 
     and support national security.
       Page 243, line 4, strike ``Card'' and insert 
     ``Credential''.
       Page 243, line 23, strike ``(3)'' and insert ``(4)''.
       Page 244, line 1, strike ``(4)'' and insert ``(5)''.
       Page 244, strike line 5 and all that follows through page 
     245, line 2 (and redesignate accordingly).
       Page 248, strike line 8 and all that follows through page 
     250, line 11, and insert the following:

     SEC. __. WATERSIDE SECURITY OF CERTAIN DANGEROUS CARGO.

       (a) National Study.--
       (1) In general.--The Secretary of Homeland Security, acting 
     through the Commandant of the Coast Guard, shall--
       (A) initiate a national study to identify measures to 
     improve the security of maritime transportation of certain 
     dangerous 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, certain 
     dangerous 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 Assessment 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, certain 
     dangerous 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, certain dangerous 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, acting through the 
     Commandant, shall submit to the Committees on Homeland 
     Security and Transportation and Infrastructure of the House 
     of Representatives and the Committees on Commerce, Science, 
     and Transportation and Homeland Security and Governmental 
     Affairs of the Senate a report on the 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, acting through the Commandant, shall develop, in 
     conjunction with appropriate Federal agencies, a national 
     strategy for the waterside security of vessels carrying, and 
     waterfront facilities handling, certain dangerous cargo. The 
     strategy shall utilize the results of the study required by 
     subsection (a).
       (c) Security of Certain Dangerous 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 certain dangerous 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) Limitation on reliance on state and local government.--
     Any security arrangement approved after the date of enactment 
     of this Act to assist in the enforcement of any security zone 
     established by the Coast Guard around a vessel carrying a 
     certain dangerous cargo or around a waterfront facility 
     handling a certain dangerous cargo may not be based upon the 
     provision of security by a State or local government unless 
     the Secretary, acting through the Commandant of the Coast 
     Guard, ensures that the waterborne patrols operated as part 
     of that security arrangement by a State or local government 
     have the training, resources, personnel, and experience 
     necessary to carry out the security responsibilities that 
     they have been engaged to perform in order, to the maximum 
     extent practicable, to deter and respond to a transportation 
     security incident.
       (3) Determination required for new facilities.--The 
     Secretary of Homeland Security, acting through the Commandant 
     of the Coast Guard, may not approve a facility security plan 
     under section 70103 of title 46, United States Code, for a 
     new facility the construction of which is begun after the 
     date

[[Page 25539]]

     of enactment of this Act, that receives or ships through 
     maritime commerce certain dangerous cargo unless the 
     Secretary determines that there are sufficient resources 
     available to ensure compliance with the facility security 
     plan.
       (4) Resource deficiency reporting.--The Secretary, acting 
     through the Commandant of the Coast Guard, shall provide to 
     the Committees on Homeland Security and Transportation and 
     Infrastructure of the House of Representatives and the 
     Committees on Commerce, Science, and Transportation and 
     Homeland Security and Governmental Affairs of the Senate 90 
     days after the end of each fiscal year a report indicating--
       (A) the number of security zones established for certain 
     dangerous cargo shipments;
       (B) the number of certain dangerous cargo shipments 
     provided a waterborne security escort, subdivided by Federal, 
     State, local, or private security; and
       (C) an assessment as to any additional vessels, personnel, 
     infrastructure, and other resources necessary to provide 
     waterborne escorts to those certain dangerous cargo shipments 
     for which a security zone is established.
       (d) Definitions.--For the purposes of this section, the 
     follow definitions apply:
       (1) Certain dangerous cargo.--The term ``certain dangerous 
     cargo'' means a material, or a group or class of material, in 
     a particular amount and form that the Secretary, though the 
     Commandant, determines by regulation poses a significant risk 
     of creating a transportation security incident while being 
     transported in maritime commerce.
       (2) Area maritime security committee.--The term ``Area 
     Maritime Security Committee'' means each of those committees 
     responsible for producing Area Maritime Transportation 
     Security Plans under chapter 701 of title 46, United States 
     Code.
       (3) Transportation security incident.--The term 
     ``transportation security incident'' has the same meaning as 
     that term has in section 70101 of title 46, United States 
     Code.
       Page 250, line 14, strike ``Determination'' and insert 
     ``Recommendation''.
       Page 250, lines 17 and 23, strike ``determination'' each 
     place it appears and insert ``recommendation''.
       Page 251, strike line 12 and all that follows through page 
     254, line 13.
       Page 254, line 22, strike ``September 23, 2009'' and insert 
     ``the date of enactment of this Act''.
       Page 255, after line 6, insert the following new section:

     SEC. __. 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 or radio frequency 
     identification devices to track small boats.
       Page 255, line 25, strike ``United States Coast Guard'' and 
     insert ``Coast Guard''.
       At the end of title XI (page 255, after line 6), add the 
     following new sections:

     SEC. ___. 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 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. ___. ANIMAL-PROPELLED VESSELS.

       Notwithstanding section 70105 of title 46, United States 
     Code, the Secretary shall not require an individual to hold a 
     transportation security card, or be accompanied by another 
     individual who holds such a card if--
       (1) the individual has been issued a license, certificate 
     of registry, or merchant mariner's document under part E of 
     subtitle II of title 46, United States Code;
       (2) the individual is not allowed unescorted access to a 
     secure area designated in a vessel or facility security plan 
     approved by the Secretary; and
       (3) the individual is engaged in the operation of a live 
     animal-propelled vessel.

     SEC. ___. REQUIREMENTS FOR ISSUANCE OF TRANSPORTATION 
                   SECURITY CARDS; ACCESS PENDING ISSUANCE; 
                   REDUNDANT BACKGROUND CHECKS.

       Section 70105 of title 46, United States Code, is amended 
     by adding at the end the following new subsections:
       ``(n) 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.
       ``(o) 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.
       ``(p) Receipt of Cards.--Within 180 days after the date of 
     enactment of the Transportation Security Administration 
     Authorization Act, the Secretary shall develop a process to 
     permit an individual approved for a transportation security 
     card under this section to receive the card at the 
     individual's place of residence.
       ``(q) Fingerprinting.--The Secretary shall establish 
     procedures providing for an individual who is required to be 
     fingerprinted for purposes of this section to be 
     fingerprinted at facilities operated by or under contract 
     with an agency of the Department of the Secretary that 
     engages in fingerprinting the public for transportation 
     security or other security purposes.
       ``(r) Redundant Background Checks.--The Secretary shall 
     prohibit a State or political subdivision thereof from 
     requiring a separate security background check for any 
     purpose for which a transportation security card is issued 
     under this section. The Secretary may waive the application 
     of this subsection with respect to a State or political 
     subdivision thereof if the State or political subdivision 
     demonstrates a compelling homeland security reason that a 
     separate security background check is necessary.''.

     SEC. ___. 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. __. ADMINISTRATION OF MARITIME SECURITY.

       (a) Establish Maritime Security as a Coast Guard 
     Function.--Chapter 5 of title 14, United States Code, is 
     further amended by adding at the end the following new 
     section:

     ``Sec. 103. Maritime security

       ``To protect life, property, and the environment on, under, 
     and over waters subject to the jurisdiction of the United 
     States and on vessels subject to the jurisdiction of the 
     United States, the Commandant shall promote maritime security 
     as follows:
       ``(1) By taking actions necessary in the public interest to 
     protect such life, property, and the environment.
       ``(2) Based on priorities established by the Commandant 
     including--
       ``(A) protecting maritime borders from all intrusions, 
     reducing the risk from terrorism to United States passengers 
     at foreign and domestic ports and in designated waterfront 
     facilities, and preventing and responding to terrorist 
     attacks and other homeland security threats;
       ``(B) protecting critical maritime infrastructure and other 
     key resources; and
       ``(C) preventing, to the maximum extent practicable, a 
     transportation security incident as defined in section 70101 
     of title 46.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such chapter is further amended by adding at the end the 
     following new item:

``103. Maritime security.''.

       (c) Maritime Security Staff.--
       (1) In general.--Chapter 3 of title 14, United States Code, 
     is further amended by adding at the end the following new 
     sections:

     ``Sec. 60. Maritime security workforce

       ``(a) Designation of Maritime Security Workforce.--
       ``(1) In general.--The Secretary, acting through the 
     Commandant, shall ensure appropriate coverage of maritime 
     security missions within the workforce in each sector.
       ``(2) Required positions.--In designating positions under 
     paragraph (1), the Secretary shall include the following 
     maritime security-related positions:
       ``(A) Program oversight.
       ``(B) Counterterrorism functions.
       ``(C) Counterintelligence functions.
       ``(D) Criminal investigations related to maritime security.
       ``(E) Port security enforcement.
       ``(F) Any other activities that the Commandant deems as 
     necessary.

[[Page 25540]]

       ``(3) Maritime security management activities.--The 
     Secretary shall also designate under paragraph (1) those 
     maritime security-related management positions located at 
     Coast Guard headquarters, Coast Guard Readiness Command, 
     Coast Guard Operations Command, the Deployable Operations 
     Group, and the Intelligence Coordination Center.
       ``(b) Career Paths.--The Secretary, acting through the 
     Commandant, may establish appropriate career paths for 
     civilian and military Coast Guard personnel who wish to 
     pursue careers in maritime security are identified in terms 
     of the education, training, experience, and assignments 
     necessary for career progression of civilians and member of 
     the Armed Forces to the most senior maritime security 
     positions. The Secretary shall make available published 
     information on such career paths.
       ``(c) Balanced Workforce Policy.--In the development of 
     maritime security workforce policies under this section with 
     respect to any civilian employees or applicants for 
     employment with the Coast Guard, the Secretary shall, 
     consistent with the merit system principles set out in 
     paragraphs (1) and (2) of section 2301(b) of title 5, take 
     into consideration the need to maintain a balance workforce 
     in which women and members of racial and ethnic minority 
     groups are appropriately represented in Government service.
       ``(d) Sector Chief of Maritime Security.--
       ``(1) In general.--The Commandant may assign, as 
     appropriate, a Chief of Maritime Security 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.
       ``(2) Functions.--The Chief of Maritime Security for a 
     sector--
       ``(A) is responsible for all individuals who, on behalf of 
     the Coast Guard, conduct port security operations, 
     counterterrorism operations, intelligence and 
     counterintelligence operations, and support national defense 
     operations; and
       ``(B) if not the Coast Guard officer in command of that 
     sector, is the principal advisor to the Sector Commander 
     regarding maritime security matters in that sector.
       ``(f) Signatories of Letter of Qualification.--Each 
     individual signing a letter of qualification for maritime 
     security personnel must hold a letter of qualification for 
     the type being certified.

     ``Sec. 61. Centers of expertise for maritime security

       ``(a) Establishment.--The Commandant may establish and 
     operate one or more centers of Maritime Security (in this 
     section referred to as a `Center').
       ``(b) Missions.--The Centers shall--
       ``(1) be used to facility education, training, and research 
     in maritime security including maritime domain awareness, 
     counterterrorism policy and operations, and intelligence 
     collection, fusion, and dissemination;
       ``(2) develop a repository on information on maritime 
     security; and
       ``(3) perform any other function 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 service for a 
     Center, including administration and allocation of funds.
       ``(d) Acceptance of Donations.--
       ``(1) In general.--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.
       ``(2) Guidance.--The Commandant shall prescribe written 
     guidance setting forth the criteria to be used in determining 
     if the acceptance of a donation is appropriate.''.
       (2) Clerical amendment.--The analysis at the beginning of 
     such chapter is further amended by adding at the end the 
     following new items:

``60. Maritime security workforce.
``61. Centers of expertise for maritime security.''.

       (d) Powers and Duties.--Section 93 of title 14, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(e) In exercising the Commandant's duties and 
     responsibilities with regard to maritime security, the 
     Commandant shall designate a flag officer to serve as the 
     principal advisor to the Commandant for maritime security. 
     The designee shall have at least 10 years combined experience 
     in operations, intelligence, counterterrorism, 
     counterintelligence, port security, criminal investigations 
     (except maritime casualty investigations), and port security 
     or other maritime security functions, and at least four years 
     of leadership experience at a staff or unit carrying out 
     maritime security functions.''.
       Page 268, line 10, insert ``(a) In General.--'' before 
     ``Notwithstanding''.
       Page 268, after line 23, insert the following:
       (6) St. Mary's Cement (United States official number 
     699114).
       (b) Drydock Waiver.--Notwithstanding sections 12112, 55102, 
     and 55103 of title 46, United States Code, the Secretary of 
     the department in which the Coast Guard is operating may 
     issue a certificate of documentation the appropriate 
     endorsement for engaging in the coastwise trade in Ketchikan, 
     Alaska, for the Dry Dock #2, State of Alaska registration 
     AIDEA FDD-2.
       Page 269, after line 22, insert the following new 
     subparagraph (and make appropriate conforming changes):
       ``(L) evaluate the employment base supported by the Great 
     Lakes marine transportation system, including the number and 
     types of jobs, and general demographics about the employees 
     holding those jobs, such as their gender and age;
       Page 290, strike line 13 and all that follows through page 
     292, line 24.
       Page 300, strike line 3 and all that follows through page 
     301, line 19.
       Page 307, after line 5, insert the following new 
     subsection:
       (e) Savings Provision.--Nothing in this section shall be 
     construed to affect or limit the application of, or any 
     obligation to comply with, any environmental law, including 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.).
       Page 308, strike line 1 and all that follows through line 
     20 and insert the following new paragraph:
       (2) Costs of conveyance.--The City shall be responsible for 
     all reasonable and necessary costs, including real estate 
     transaction and environmental documentation costs, associated 
     with the transaction.
       Page 310, line 16, add at the end the following new 
     sentence: ``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.''.
       Page 311, strike line 17 and all that follows through page 
     312, line 4, and insert the following new subsection (and 
     redesignate accordingly):
       (e) Costs of Conveyance.--The purchaser shall be 
     responsible for all reasonable and necessary costs, including 
     real estate transaction and environmental documentation 
     costs, associated with the transaction.
       At the end of title XIII (page 312, after line 22), add the 
     following new sections:

     SEC. __. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF 
                   VESSELS.

       Public Law 110-299 (122 Stat. 2995, 33 U.S.C. 1342 note) is 
     amended in section 2(a) by striking ``during the 2-year 
     period beginning on the date of enactment of this Act'' and 
     inserting ``during the period beginning on the date of 
     enactment of this Act and ending December 18, 2013''.

     SEC. __. TALL SHIP CHALLENGE RACE.

       (a) Findings.--The Congress finds that--
       (1) The Tall Ship Challenge race will occur on the Great 
     Lakes in 2010;
       (2) the ships will race through all five Great Lakes, two 
     Canadian provinces, and five American States for the first 
     time;
       (3) the ships will also promote water conservation 
     education and training of youth; and
       (4) thousands of Americans will visit the ships when they 
     are in United States ports.
       (b) Ensuring Participation.--The Congress urges the 
     Commandant of the Coast Guard to take all initiative 
     necessary to ensure that tall ships can participate in the 
     Tall Ship Challenge race in a safe manner including 
     modifications to the pilotage requirements under the 
     authority of section 2113 of title 46, United States Code.

     SEC. __. HAITIAN MARITIME CADETS.

        Section 51304 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(e) Haiti.--The Secretary of Transportation, with the 
     approval of the Secretary of State, may appoint individuals 
     from Haiti to receive instruction at the Academy. Individuals 
     appointed under this subsection are in addition to those 
     appointed under any other provision of this chapter.''.

     SEC. __. 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;

[[Page 25541]]

       (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. __. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR-MISS 
                   INCIDENTS.

       (a) Report.--Within 1 year after the date of enactment of 
     this Act, the Secretary of the department in which the Coast 
     Guard is operating shall transmit a report to the House of 
     Representatives Committee on Transportation and 
     Infrastructure and the Senate Committee on Commerce, Science, 
     and Transportation that, using available data--
       (1) identifies the types of human errors that, combined, 
     account for over 50 percent of all oils spills involving 
     vessels that have been caused by human error in the past 10 
     years;
       (2) identifies the most frequent types of near-miss oil 
     spill incidents involving vessels such as collisions, 
     groundings, and loss of propulsion in the past 10 years;
       (3) describes the extent to which there are gaps in the 
     data with respect to the information required under 
     paragraphs (1) and (2) and explains the reason for those 
     gaps; and
       (4) includes recommendations by the Secretary to address 
     the identified types of errors and incidents to address any 
     such gaps in the data.
       (b) Measures.--Based on the findings contained in the 
     report required by subsection (a), the Secretary shall take 
     appropriate action, both domestically and at the 
     International Maritime Organization, to reduce the risk of 
     oil spills caused by human error.

     SEC. __. 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--
       (1) in subsection (c)(1), by striking ``December 31, 2009'' 
     and inserting ``December 31, 2011'';
       (2) in subsection (d)(1), by striking ``its proposed public 
     aquarium'' and inserting ``a new building in compliance with 
     the waterfront provisions of the City of Portland Code of 
     Ordinances adjacent to the pier and bulkhead''; and
       (3) 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.''.

     SEC. __. TUG ESCORTS FOR LADEN OIL TANKERS.

       Within 1 year after the date of enactment of this Act, the 
     Secretary of State, in consultation with the Commandant of 
     the Coast Guard, is encouraged to enter into negotiations 
     with the Government of Canada to ensure that tugboat escorts 
     are required for all tank ships with a capacity over 40,000 
     deadweight tons in the Strait of Juan de Fuca, Strait of 
     Georgia, and in Haro Strait. The Commandant shall consult 
     with the State of Washington and affected tribal governments 
     during negotiations with the Government of Canada.

  The CHAIR. Pursuant to House Resolution 853, the gentleman from 
Minnesota (Mr. Oberstar) and a Member opposed each will control 10 
minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. OBERSTAR. Thank you, Madam Chair.
  This amendment makes a number of improvements to the bill, some of 
which have been already alluded to by other speakers this evening.
  First, we improve the enforcement of Coast Guard-imposed security 
zones around hazardous materials terminals and tankers. The Coast Guard 
will be required to coordinate, to be responsible for enforcing Federal 
security zones established by the Coast Guard around vessels containing 
certain dangerous cargo.
  It specifies that the Coast Guard may not approve of a facility 
security plan for a new facility built after date of enactment of the 
act that will receive or ship certain dangerous cargo unless there are 
sufficient resources available to ensure compliance of the facility 
security plant.
  It establishes an alternative licensing program for operators of 
uninspected passenger vessels on Lake Texoma. The States of Oklahoma 
and Texas bisect this lake, and there has been a great concern because 
of the long distance of this lake from the nearest Coast Guard facility 
and concerns of boaters on both sides of the

[[Page 25542]]

border, and they have expressed those concerns to me, to the Republican 
members of the committee, and to Mr. Cummings.
  So what we have provided for in this amendment is an authorization 
for the Coast Guard upon the request of the Governor of the State of 
Texas or the Governor of the State of Oklahoma to enter into an 
agreement with the requesting State in which that State will license 
operators of uninspected passenger vessels operating on Lake Texoma in 
lieu of the Coast Guard if the State's plan meets the equivalent 
standards of environmental protection.
  The State's plan must provide equivalent safety to a Coast Guard-
issued license and include drug testing, criminal background checks, 
and physical standards for operators. It must also provide for the 
suspension and revocation of State licenses for negligent operation of 
the vessel and safety standards.
  I want to be very clear about the provisions. I think it's very 
important; but this is, I think, a very beneficial agreement that we've 
reached to resolve the concerns of parties on both sides of the border 
of Lake Texoma.
  We authorize delegation of authority by the Coast Guard to 
classification societies and have already had an ample discussion of 
that matter with the gentleman from Wisconsin (Mr. Petri).
  We require the Coast Guard to conduct a study on the combination of 
facial and iris recognition for a nonintrusive collection of biometrics 
to assist the Coast Guard in its homeland security mission. We've had 
some discussion already of that aspect of the manager's amendment. I 
won't elaborate further.
  We require the Government Accountability Office to investigate and 
report on the Coast Guard's efforts to recruit minority candidates to 
the Coast Guard's academy. The gentleman from Maryland (Mr. Cummings) 
has discussed this, and I alluded to it in my general remarks. But we 
also want that assessment to include a report on geographic diversity 
at the academy and recommendations for increasing geographic diversity 
as well as minority diversity.
  And we establish a process in this amendment for access to secure 
areas for individuals with a pending application for a transportation 
security card, which the gentleman from California has adequately 
discussed, and a uniform national standard for background checks for 
transportation security cards, which also has previously been 
discussed.
  That is the sum of the manager's amendment, and I reserve the balance 
of my time.
  Mr. LoBIONDO. Madam Chair, I rise to claim time in opposition to the 
amendment although I am not in opposition to the amendment.
  The CHAIR. Without objection, the gentleman from New Jersey is 
recognized for 10 minutes.
  There was no objection.
  Mr. LoBIONDO. On balance, this amendment does more good than harm, 
and for that reason, as I mentioned, I will not oppose the amendment or 
the adoption thereof.
  I do, however, want to raise several concerns I have with the 
amendment. The amendment before us now overhauls several important 
provisions that passed with wide bipartisan support in the committee. 
The language was added despite the continued objections of the 
minority.
  The manager's amendment rewrites language that would confer 
protections against liability for U.S. mariners that act in self-
defense against a pirate attack on U.S.-flagged vessels. We have all 
read the accounts on the attacks of the Maersk Alabama and the Liberty 
Sun. Do we really want future mariners to hesitate in the face of a 
pirate armed with automatic weapons while they determine whether or not 
their actions will be deemed by a court reasonable with a check-off 
list in their minds as an attack is taking place? I don't think so
  And with the two pirate attacks today, while they weren't U.S.-
flagged vessels, they could have been, and we certainly don't want to 
have that kind of a situation.
  So I strongly oppose this section of the amendment. And a little bit 
later in the debate, I'll offer an amendment to replace the language 
with the bipartisan agreement that we worked out within our committee.
  I want to once again thank Chairman Oberstar for his acceptance of 
the language that would extend an existing exemption for fishing 
vessels and small commercial vessels from complying with certain vessel 
discharge requirements. This action will allow this segment to continue 
operations while Environmental Protection Agency surveys the magnitude 
of discharges from the vessels and whether regulations are necessary.
  And I very much appreciate the chairman's commitment to continue to 
work with us on the goal of setting a single national standard, which 
makes the most sense of all, to regulate the discharge of ballast water 
and other incidental discharges from vessels.

                              {time}  1930

  It simply is unacceptable to require our maritime sector to comply 
with two Federal standards and with as many as 30 different State 
standards and, often, conflicting State standards for vessel 
discharges. So it is a situation, I think, we are all looking forward 
to trying to solve.
  I also want to thank, once again, Chairman Oberstar for improving 
language regarding the security of the vessels and of the facilities 
handling certain dangerous cargos. While I still believe too much of 
this provision is unnecessary and duplicative to current requirements 
under the Maritime Transportation Security Act of 2002, the language, 
Mr. Chairman, is a very marked improvement over the committee-reported 
amendment, and I thank you for your consideration.
  I also thank Chairman Oberstar for his willingness to work with us on 
a variety of issues that we have encompassed in this bill, and I look 
forward to further consultation as the bill moves further down the line 
to enactment.
  I reserve the balance of my time.
  Mr. OBERSTAR. Madam Chair, how much time remains on our side?
  The CHAIR. The gentleman has 6 minutes remaining.
  Mr. OBERSTAR. I yield 3 minutes to the gentleman from Maryland (Mr. 
Cummings), the chairman of the subcommittee.
  Mr. CUMMINGS. Thank you, Mr. Chairman.
  Madam Chair, I rise today in strong support of the manager's 
amendment.
  I again commend Chairman Oberstar for his work on this legislation 
and for his dedication to effectively overseeing the Coast Guard and 
the entire marine transportation system. I also take this opportunity 
to thank the chairman for the support he has given me as a subcommittee 
Chair and throughout my membership on the Transportation and 
Infrastructure Committee.
  The amendment offered by the chairman covers a number of subjects, 
and in the interest of time, I will note just a few of these:
  This amendment would require that State and local law enforcement 
engaged in enforcing Coast Guard-imposed security zones around certain 
dangerous materials have the training, resources, personnel and 
experience they need to carry out the security responsibilities they 
have been engaged to perform. Further, the amendment would require the 
Coast Guard to report annually on the resource deficiencies they have 
pertaining to the enforcement of security zones around hazardous 
material shipments.
  These provisions are not directed at any single material or terminal, 
but rather, they are intended to ensure that the most dangerous 
materials transported on the water are moved safely and that chemicals 
which could put entire communities at risk are secured against the 
threats which we know exist.
  The manager's amendment would also address a number of other issues, 
including requiring an assessment of technologies that can combat the 
small-boat security threat, modifying several statutes governing the 
issuance of TWIC cards and addressing a critical licensing issue on 
Lake Texoma.

[[Page 25543]]

  In the interest of time, I will end my statement here by urging the 
adoption of the manager's amendment and by, again, commending the work 
of the Chair.
  Mr. LoBIONDO. Madam Chair, I yield back the balance of my time.
  Mr. OBERSTAR. I yield myself such time as I may consume to 
acknowledge the concerns raised by the gentleman from New Jersey. They 
are proper and properly expressed.
  Madam Chair, on the piracy issue, we had reached an agreement in 
committee, which I thought was done in a fair and equitable way, but 
there are other committees that have pieces of jurisdiction over this 
bill, and other concerns were expressed and accommodated. However, I 
continue to believe that the gentleman had the right approach. Mr. 
Cummings, Mr. LoBiondo and I had reached an agreement, and I still 
believe that is the better approach.
  We had a discussion earlier about ballast water. I need not repeat 
what I said except to reaffirm that we will proceed vigorously in the 
pursuit of an accommodation of the concerns of the gentleman from New 
Jersey and of those of the gentleman from Michigan, which are almost 
identical to mine. We will reach agreement, and we will bring a bill to 
the floor in this session of Congress.
  Madam Chair, this amendment makes a number of improvements to the 
bill, as reported by the Committee on Transportation and 
Infrastructure.


 Improves the enforcement of Coast Guard imposed security zones around 
               hazardous materials terminals and tankers

  Requires the Coast Guard to coordinate and be responsible for 
enforcing Federal security zones established by the Service around a 
vessel containing certain dangerous cargo.
  If a security arrangement has been made with a State or local 
government to enforce a Coast Guard imposed security zone, the Coast 
Guard must ensure the waterborne patrols have the training, resources, 
personnel and experience necessary to carry out the security 
responsibilities to the maximum extent practicable to deter and respond 
to a transportation security incident.
  Specifies that the Coast Guard may not approve a facility security 
plan for a new facility constructed after the date of enactment of this 
Act that will receive or ship certain dangerous cargo on the water 
unless there are sufficient resources available to ensure compliance of 
the facility security plan.


     Establishes an alternative licensing program for operators of 
              uninspected passenger vessels on Lake Texoma

  Authorizes the Coast Guard upon the request of the Governor of the 
State of Texas or the Governor of the State of Oklahoma to enter into 
an agreement with the requesting State, whereby the State will license 
operators of uninspected passenger vessels operating on Lake Texoma in 
lieu of the Coast Guard if the State's plan meets equivalent standards 
of safety and environmental protection. The State's plan must provide 
equivalent safety to a Coast Guard issued license and include drug 
testing, criminal background checks, and physical standards for 
operators. It also must provide for the suspension and revocation for 
State licenses for the negligent operation of the vessel and safety 
standards.


     Authorizes the delegation of authority by the Coast Guard to 
                        classification societies

  Authorizes the Secretary to delegate the Coast Guard's authority to 
review and approve offshore facility plans and conduct inspections and 
examinations of offshore facilities to the American Bureau of Shipping 
(ABS) or another classification society that meets acceptable 
standards.
  The delegation can be made to a foreign classification society if the 
government of the foreign country in which the foreign society is 
headquartered delegates the authority to the ABS, or if the Secretary 
enters into an agreement with that foreign government that provides for 
reciprocal treatment of ABS.


   Requires the Coast Guard to conduct a study on the combination of 
                      facial and iris recognition

  The study requires an assessment of the capability of a non-intrusive 
collection of biometrics in an accurate and expeditious manner to 
assist the Coast Guard in its homeland security mission.


Requires the Government Accountability Office to investigate and report 
 on Coast Guard's efforts to recruit minority candidates to the Coast 
                             Guard Academy

  The report shall include the status of the Coast Guard's minority 
recruitment program and assessment of the program's effectiveness. The 
study should include the following statistics on minority applicants: 
the number of applicants that were contacted by the Academy; the number 
who completed applications; the number that were offered appointments; 
and the number of applicants that accepted appointments.
  The report should also include an assessment of the geographic 
diversity at the Academy and should make recommendations for increasing 
geographic diversity.


 Provides a process for access to secure areas for individuals with a 
         pending application for a transportation security card

  Requires the Coast Guard to coordinate with owners and operators 
subject to the Maritime Transportation Security Act of 2002 to allow an 
individual who has applied for, but has not received, a transportation 
security card to be escorted into secure areas to work by another 
worker who has a transportation security card.


   Establishes procedures for workers to submit fingerprints for the 
   purpose of obtaining transportation security cards at facilities 
   operated by, or under contract with, the relevant Federal agencies

  Establishes a uniform, national standard for background checks for 
transportations security cards.
  Directs the Secretary of the department in which the Coast Guard is 
operating to prohibit States or political subdivisions of States from 
requiring separate background checks for transportation security cards 
unless there is a compelling reason for the separate background checks.
  I urge my colleagues to join me in supporting this amendment.
  Mrs. CAPPS. Madam Chair, I rise in support of the manager's amendment 
and the underlying legislation.
  I thank Chairman Oberstar for his hard work on this bill.
  As someone who represents over 200 miles of coastline, I am keenly 
aware of the importance of the Coast Guard and this legislation.
  H.R. 3619 provides the Coast Guard, including the 3 stations located 
in my congressional district, with the resources it needs to meet an 
ever-increasing workload--from search and rescue and terrorism 
protection to fisheries law enforcement and oil spill cleanup.
  I also want to thank Chairman Oberstar for including the amendment I 
submitted to the Rules Committee within his manager's amendment.
  My amendment would require the Coast Guard to report to Congress on 
the most frequent sources of human error that have led to oil spills 
from vessels, as well as on the most significant types of ``near miss'' 
incidents.
  The amendment would also require the Coast Guard to use these 
findings to take appropriate action domestically and at the 
International Maritime Organization to reduce the risk of oil spills 
due to human error.
  The consideration of this amendment, Madam Chair, could not be more 
timely.
  Earlier this week we learned that more than 18,000 gallons of fuel 
oil spilled when two ships collided in the Gulf of Mexico.
  By yesterday morning oil covered an area two miles long and a mile 
and a half wide.
  This troubling incident reminds us that our fragile marine resources 
are still susceptible to disaster.
  While efforts by the Coast Guard, states, and industry have reduced 
spills over the last two decades, accidents still occur and most are 
the result of human error.
  Unfortunately, we currently lack the data and analysis we need to 
determine the causes of human errors and the ways to prevent them.
  My amendment would begin filling in that gap so we can learn from the 
mistakes that have been made in the past and take action to avoid 
similar incidents in the future.
  Madam Chair, with billions of gallons of oil passing through our 
nation's coastal waters every year, we must strengthen our oil spill 
safety programs.
  And we must do everything we can to prevent future accidents like 
this week's collision in the Gulf of Mexico and the resulting spill.
  I urge my colleagues to support the manager's amendment which takes 
appropriate action to reduce the risk of oil spilled because of human 
error.
  Mr. OBERSTAR. I yield back the balance of my time, and I ask for a 
vote of approval of the manager's amendment.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Minnesota (Mr. Oberstar).
  The amendment was agreed to.


                  Amendment No. 2 Offered by Mr. Mica

  The CHAIR. It is now in order to consider amendment No. 2 printed in 
House Report 111-311.
  Mr. MICA. Madam Chair, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.

[[Page 25544]]

  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Mica:
       Page 312, after line 22, add the following new section:

     SEC. __. BACKGROUND CHECKS.

       (a) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Transportation and 
     Infrastructure and the Committee on Homeland Security of the 
     House of Representatives 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 conflict 
     with Federal programs;
       (3) a determination as to whether such background checks 
     and forms of identification assist State and local 
     governments in carrying out the safety, security, and law 
     enforcement responsibilities of those governments; and
       (4) recommendations on methods, procedures, and regulations 
     that will--
       (A) minimize redundant background checks and forms of 
     identification required for access to port facilities; and
       (B) facilitate the sharing of background check and 
     identification data with State and local governments when the 
     sharing of such data assists those governments in carrying 
     out their safety, security, and law enforcement 
     responsibilities.
       (b) Limitation With Respect to Vessel and Facility Security 
     Plans.--The Secretary of the department in which the Coast 
     Guard is operating shall not prohibit a State or political 
     subdivision thereof from requiring a separate background 
     check for entry into any area covered by a vessel or facility 
     security plan required under subsection 70103(c) of title 46, 
     United States Code.

  The CHAIR. Pursuant to House Resolution 853, the gentleman from 
Florida (Mr. Mica) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. MICA. I yield myself such time as I may consume.
  Madam Chair, first of all, my colleagues, the amendment I have 
offered relates to the TWIC provisions, which refer to the trusted 
Transportation Worker Identification Credential. This is one of those 
cards I'm holding in my hand. It's called a TWIC card. Now, this is not 
the Colbert Report. It's not the Jon Stewart report, but it's almost a 
comedy of errors that we're here talking about a TWIC card 7 years 
after 9/11--the Transportation Worker Identification Credential.
  Spent 7 years. We have a card. We've had four State demonstrations. 
We've spent millions of taxpayer dollars in developing this card, and I 
can't take this card and go over and put it in a reader like we can do 
with our voting cards, because we don't have a reader that reads this 
card. It gets worse.
  We have no agreements with the States, like Florida, to allow States 
to require additional checks. In fact, the language of the manager's 
amendment--and some of it was put in, I understand, by the Homeland 
Security Committee--makes the line between the States and the Federal 
Government even more difficult.
  Now, the goal, I thought, was to have one card. The way we're going, 
we're going to end up with two cards. In fact, we have two cards in 
Florida now because this card doesn't even have a reader.
  The second goal was to connect the dots so that information that we 
have we would have at the State, local and Federal levels. Remember 9/
11 and what happened before we weren't able to connect the dots?
  So the proviso that is in the bill does not allow us to connect the 
dots. The recently adopted manager's amendment includes a provision 
that directs the Government Accountability Office, the GAO, to make 
recommendations on limiting State and local criminal background 
checks--I'm not kidding. That's what's in here--and, from conducting 
such background checks, limiting our States. These provisions restrict 
the ability of State and local law enforcement officials to do their 
jobs. I oppose these provisions for those obvious reasons.
  Some time ago in Florida, we had a commission that looked at the 
criminal activity at some of our ports, and we found very significant 
numbers of port workers, transportation workers, with criminal 
backgrounds. This goes in the opposite direction, this provision in 
this bill, and that is why I've offered this amendment today.
  So my amendment directs the GAO to determine whether State and local 
background checks assist State and local law enforcement officials in 
carrying out their safety, security and law enforcement 
responsibilities, including their drug enforcement responsibilities.
  In addition to asking the GAO for recommendations in minimizing 
redundant background checks, my amendment also seeks GAO 
recommendation, not to impede or to stop, but to facilitate the sharing 
of background check identification data with State and local 
governments.
  I don't think this is an unreasonable request. I'm willing to work 
with folks on both sides of the aisle to make certain, if we ever get a 
Transportation Worker Identification Credential, that it does the job 
that we set out for it to do. So I pledge to work with the Homeland 
Security Committee, and I pledge to continue to work with my colleague, 
Mr. Oberstar. This is not the provision that we intended.
  I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Madam Chairman, I claim time in 
opposition to the amendment.
  The CHAIR. The gentleman is recognized for 5 minutes.
  Mr. THOMPSON of Mississippi. Madam Chairman, currently, all 
transportation workers who work at our Nation's ports have a 
Transportation Worker Identification Credential, commonly referred to 
as a TWIC card.
  This card costs around $132, and it requires applicants to pass a 
security background check. Some ports have required transportation 
workers, including truckers and longshoremen, to have additional access 
badges and background checks prior to entering.
  The TWIC program was supposed to simplify the process by eliminating 
duplicate background checks and by minimizing the burden on 
transportation workers. It does not make sense for States to require 
and to charge transportation workers for additional background checks 
when workers have already passed a stringent Federal background check.
  Language in the manager's amendment eliminates duplicative background 
checks by prohibiting States from requiring transportation workers to 
undergo State security background checks in addition to TWIC. At the 
same time, the bill provides discretion to the Secretary of Homeland 
Security to allow a State to maintain its program if there is a 
compelling homeland security reason for a separate security check.
  The House supported a single Federal credential for port workers with 
the approval of the Castor amendment to H.R. 2200, the Transportation 
Security Authorization Act, which was passed earlier.
  The Mica amendment before us today would prohibit the TWIC from being 
the sole government-issued security card that maritime workers have to 
secure in order to work in our Nation's ports. Under the Mica 
amendment, a truckdriver or a port worker who needs to access ports in 
various States could be required to obtain a security credential from 
multiple States rather than being able to obtain a single Federal 
credential which would be accepted at ports around the country.
  Mr. Chairman, I reserve the balance of my time.
  Mr. MICA. May I inquire as to the time remaining on each side?
  The Acting CHAIR (Mr. Polis). There are 30 seconds remaining on the 
Republican side, and there are 2\1/2\ minutes remaining on the 
Democratic side.
  Mr. MICA. I will just conclude by saying that, in fact, the way this 
is crafted, this does prohibit going in and getting additional 
information about bad guys. That is what this is all about. The way it 
is crafted it misses the mark about connecting the dots. It misses the 
mark of having one card. Unfortunately, the Federal Government has made 
a farce out of the TWIC card, and we're going further with this 
provision that has been provided in the manager's amendment.
  I move my amendment at the appropriate time.

[[Page 25545]]


  Mr. THOMPSON of Mississippi. Mr. Chairman, I yield 1 minute to the 
gentleman from Minnesota (Mr. Oberstar), the Chair of the full 
committee.
  Mr. OBERSTAR. I thank the gentleman for yielding.
  Mr. Chair, I share the frustration of the gentleman from Florida 
about the reader equipment, about the lack of continuity and about a 
number of other issues that he raised.
  The problem I have is that the State of Florida requires one standard 
for truckdrivers with hazardous material, and it requires a different 
standard for those truckdrivers who enter ports. The State was moving 
in the direction of unifying those requirements, and if the State would 
do that, then I think we wouldn't have this kind of dichotomy and this 
problem. Therefore, I think the position of the Committee on Homeland 
Security has merit, and we should accept their position.

                              {time}  1945

  Mr. THOMPSON of Mississippi. Mr. Chairman, I would like to include in 
the Record a letter from the AFL-CIO Transportation Trades Department 
also opposing this amendment.

                                                    Transportation


                                   Trades Department, AFL-CIO,

                                 Washington, DC, October 22, 2009.
     Re oppose the Mica amendment to the Coast Guard authorization 
         bill.

       Dear Representative: On behalf of the Transportation Trades 
     Department, AFL-CIO (TTD), I urge you to oppose the Mica 
     amendment to the Coast Guard Authorization Act of 2010 (H.R. 
     3619). TTD also supports final passage of the underlying bill 
     and the Manager's amendment to be offered by Chairman 
     Oberstar.
       The Mica Amendment would allow states and local governments 
     to impose additional and duplicative security background 
     checks on workers who have access to vessels and port 
     facilities. These workers are already required to hold a 
     Transportation Worker Identification Credential (TWIC) and 
     pass an extensive security vetting process that includes a 
     criminal background check. One of the objectives of the TWIC 
     program was to create a national security standard along with 
     a national credential that would be accepted throughout the 
     U.S. maritime industry. If states and others are allowed to 
     impose different security standards, a worker who holds a 
     TWIC and works at one port might be unable to enter other 
     ports of vessels located in different jurisdictions. The 
     patchwork of credentials and security checks that would be 
     created by the Mica amendment is inconsistent with the 
     national scope of the TWIC program and would impose 
     additional fees on workers and their employers.
       Finally, the Mica amendment would undermine language 
     originally introduced by Rep. Castor that seeks to limit 
     state and local security checks. This language has already 
     been approved by the House as part of the TSA Reauthorization 
     bill and is included in the Manager's amendment to H.R. 3619. 
     Specifically, this language would prohibit a state or local 
     government from adding on a separate security check for a 
     purpose for which a federal transportation security card has 
     already been issued. This clarifies that workers, for 
     example, who have already applied for and received a TWIC 
     should not be subject to additional and duplicate security 
     checks for entering a port or a maritime vessel. This is a 
     modest prohibition and can be waived by DHS if a state can 
     demonstrate a compelling homeland security reason for 
     imposing additional security checks.
       Again, I urge you to oppose the Mica Amendment and vote for 
     the Coast Guard Authorization Act of 2010 (H.R. 3619) when it 
     is considered on the House floor.
           Sincerely,
                                                   Edward Wytkind,
                                                        President.

  Again, Mr. Chairman, I rise in opposition to this amendment.
  It's clear that it would provide an undue hardship on a number of 
individuals and States. It's duplicative.
  We need one Federal card for security and identification purposes. 
The TWIC card has been approved by this Congress, and I urge opposition 
to this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Mica).
  The amendment was rejected.


                Amendment No. 3 Offered by Mr. Oberstar

  The Acting CHAIR. It is now in order to consider amendment No. 3 
printed in House Report 111-311.
  Mr. OBERSTAR. Mr. Chairman, as the designee of the gentleman from 
Florida (Mr. Hastings), I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Oberstar:
       Page 312, after line 22, add the following new section:

     SEC. __. STUDY AND REPORT REGARDING EFFECTS RESULTING FROM 
                   CHANGES IN UNITED STATES IMMIGRATION POLICY 
                   TOWARD HAITI.

       The Secretary of the department in which the Coast Guard is 
     operating shall conduct a study and submit a report to 
     Congress within 180 days after the date of the enacment of 
     this Act examining the Coast Guard's current ability to 
     respond to any possible short- and long-term effects 
     resulting from changes in United States immigration policy 
     toward Haiti. The study and report shall examine several 
     likely scenarios and draw upon past experiences with changes 
     to immigration policy with regards to Haiti.

  The Acting CHAIR. Pursuant to House Resolution 853, the gentleman 
from Minnesota (Mr. Oberstar) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. OBERSTAR. Mr. Chairman, the amendment of the very distinguished 
gentleman from Florida (Mr. Hastings), who has a large constituency of 
persons of Haitian origin in his district, requires the Coast Guard to 
submit a report within 180 days after enactment to examine the Coast 
Guard's short- and long-term ability to respond to a possible mass 
migration resulting from changes in U.S.-Haitian immigration policy. 
There was an increase in the number of Haitians attempting to enter the 
U.S. in the first quarter of this fiscal year, and every year thousands 
try to make unauthorized entries by water into the United States.
  In 1992, President George H.W. Bush issued Executive Order 12807, 
which directed the Coast Guard to prevent undocumented migrants from 
entering the U.S. by stopping them at sea and sending them back to 
their country of origin. Well, there was one standard for Haitians and 
a different standard for Cubans.
  Mr. Chairman, I lived 3\1/2\ years in Haiti. I have a great number of 
friends and students to whom I taught English during that year. I just 
recently visited Haiti for the 50th anniversary of the officers of the 
Haitian military academy, who were my English students.
  Conditions in Haiti are wretched; 9 million people in a land of 
10,000 square miles. That's land about one-third the size of my 
district with three times the population of the entire State of 
Minnesota.
  These people, who are trying to leave Haiti for an opportunity in 
America are being exploited by unsavory ship captains who charge them 
$5,000 to get on board a vessel that can accommodate 100 people. They 
will put 200 people on the ship, and then they will throw some of them 
overboard before they get into U.S. waters if they think that the 
overpopulation of the boat is endangering its passageway. This is 
awful.
  This study will help the Congress, the U.S. Government better 
understand the problems of the people of Haiti and the challenges to 
the Coast Guard. It's an important amendment.
  I reserve the balance of my time.
  The Acting CHAIR. The Chair recognizes the gentleman from New Jersey 
(Mr. LoBiondo) for 5 minutes.
  Mr. LoBIONDO. Mr. Chairman, I claim time in opposition, but only to 
say we have no objection to the chairman's amendment.
  I yield back the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield the balance of my time to the 
gentleman from Maryland (Mr. Cummings).
  Mr. CUMMINGS. I rise in strong support of the amendment offered by 
Mr. Hastings.
  This amendment will require the Coast Guard to study its ability to 
respond to the possible effects of a change in U.S. policy regarding 
immigration from Haiti.
  While I agree with Mr. Hastings that it is past time for the U.S. to 
review our immigration policies towards Haiti, particularly as that 
Nation continues to suffer in the wake of the ongoing worldwide 
economic downturn and recurring natural disasters, we need to 
understand the full range of

[[Page 25546]]

consequences that such a policy change might bring.
  The study requested by the gentleman's amendment will ensure that we 
have a thorough analysis of current conditions, as well as an analysis 
of past experiences to inform our consideration of immigration policy 
towards Haiti, as well as the development of the Coast Guard's plans 
and missions in the event that a policy change is made.
  I support the gentleman's thoughtful amendment and his leadership on 
the issue and urge the adoption of the amendment.
  Mr. HASTINGS of Florida. Mr. Chair, I rise today to offer an 
amendment to H.R. 3619, the Coast Guard Authorization Act of 2009, 
which directs the Secretary of the department in which the Coast Guard 
is operating to conduct a study and submit a report to Congress 
examining the Coast Guard's ability to respond to the effects of 
possible changes to U.S. immigration policies toward Haiti.
  While it is certainly responsible to examine a worst-case scenario, 
my amendment also asks that the study look at what has happened in past 
experiences as we discuss the anticipated repercussions of changes in 
our immigration policy.
  Changes in policies affecting Haiti are nothing new. In fact, it was 
just over 10 years ago that we here in Congress passed the Haitian 
Refugee Immigration Fairness Act, which affected far more Haitian 
nationals than any of the currently proposed policies would affect.
  I firmly believe that what happened then and our current relations 
with the Haitian government will result in little change, if not a 
decrease, in Haitian interdictions.
  However, my assurances are not enough.
  Those who are critical or skeptical of Temporary Protected Status for 
Haitians often claim that any change could result in a massive surge, 
or might completely overwhelm the Coast Guard.
  This is in spite of the fact that when we last adjusted the status of 
thousands of Haitian immigrants, we actually saw a decrease in 
interdictions, and despite the assurances from the Haitian government 
that they will do their part to ensure their citizens are aware that no 
new immigrants would qualify.
  However, as of now, we have little more than speculation to ascertain 
what the results would be.
  My amendment will help provide us with an objective perspective on 
the Coast Guard's expectations and their ability to continue to 
effectively guard our maritime borders.
  TPS, or some other comparable relief, for our Haitian neighbors is 
long overdue and this administration has been stalling for far too 
long.
  This study will hopefully help us show that our government has 
rationally and realistically examined all possible scenarios and we are 
well equipped to contend with any possible effects.
  Mr. Chair, my amendment furthers this bill's commitment to ensuring 
the safety of those traveling on the high seas and protecting our 
national security, and I respectfully urge my colleagues to support 
this amendment.
  Mr. OBERSTAR. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Minnesota (Mr. Oberstar).
  The amendment was agreed to.


                Amendment No. 4 Offered by Mr. LoBiondo

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in House Report 111-311.
  Mr. LoBIONDO. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. LoBiondo:
       Page 312, after line 22, add the following new title:

              TITLE __--SERVICEMEMBER BENEFITS IMPROVEMENT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``United States Coast Guard 
     Servicemember Benefits Improvements Act''.

     SEC. _02. COAST GUARD HOUSING.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall conduct a study of 
     military family housing and military unaccompanied housing 
     available to members and officers of the Coast Guard.
       (b) Components of the Study.--The study required in 
     subsection (a) shall include--
       (1) an inventory of all military family housing and 
     military unaccompanied housing units administered by the 
     Coast Guard and their locations;
       (2) a review of the physical condition of such units;
       (3) a review of the availability of housing units 
     administered by the Coast Guard to members and officers 
     assigned to field units of the Coast Guard;
       (4) a review of the availability of housing units 
     administered by the other armed services to members and 
     officers assigned to field units of the Coast Guard; and
       (5) recommendations on statutory authorities that are 
     necessary to improve availability of military housing to 
     members and officers of the Coast Guard.
       (c) Report.--The Secretary shall submit a report including 
     the findings and recommendations of the study required under 
     subsection (a) to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate not later than 1 year after the date of enactment of 
     this Act.

     SEC. _03. CHILD DEVELOPMENT SERVICES.

       Section 515 of title 14, United States Code, is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b)(1) The Commandant is authorized to use appropriated 
     funds available to the Coast Guard to provide child 
     development services.
       ``(2)(A) The Commandant is authorized to establish, by 
     regulations, fees to be charged parents for the attendance of 
     children at Coast Guard child development centers.
       ``(B) Fees to be charged, pursuant to subparagraph (A), 
     shall be based on family income, except that the Commandant 
     may, on a case-by-base basis, establish fees at lower rates 
     if such rates would not be competitive with rates at local 
     child development centers.
       ``(C) The Commandant is authorized to collect and expend 
     fees, established pursuant to this subparagraph, and such 
     fees shall, without further appropriation, remain available 
     until expended for the purpose of providing services, 
     including the compensation of employees and the purchase of 
     consumable and disposable items, at Coast Guard child 
     development centers.
       ``(3) The Commandant is authorized to use appropriated 
     funds available to the Coast Guard to provide assistance to 
     family home daycare providers so that family home daycare 
     services can be provided to uniformed servicemembers 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. _04. 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. _05. 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--

[[Page 25547]]

       (1) by striking the 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.''.

  The Acting CHAIR. Pursuant to House Resolution 853, the gentleman 
from New Jersey (Mr. LoBiondo) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. LoBIONDO. Mr. Chairman, I am offering this amendment, along with 
Mr. Coble of North Carolina, to conform Coast Guard authorities to 
provide child care in development services, to support chaplain-led 
activities, and to issue medicals and commendations on a par with those 
available to the other branches of the military.
  The Coast Guard is unique within the military community because it is 
located outside of the Department of Defense. While these authorities 
have been made available to the other military services, this amendment 
is necessary to provide the Coast Guard similar capabilities. This is a 
commonsense amendment which will improve services to servicemembers and 
their families.
  The amendment also directs the Coast Guard to conduct a comprehensive 
study of military housing currently available to members of the Coast 
Guard and their families. While we had initially intended to reinstate 
authorities necessary to construct new Coast Guard housing--which I 
might add is desperately needed--through public-private partnerships, a 
scoring issue with the CBO has presented us from better addressing the 
deplorable condition of Coast Guard housing.
  I know all Members want to provide the finest housing to these 
servicemen and -women who are giving so much to their country and who 
put their lives on the line each and every day to protect us. It is my 
hope that we will be able to work out a solution with Chairman Oberstar 
and the CBO to provide the service with the authority to improve their 
housing.
  Mr. Chairman, I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Chairman, I claim the time in opposition, although 
I am not opposed.
  The Acting CHAIR. Without objection, the gentleman from Maryland is 
recognized for 5 minutes.
  There was no objection.
  Mr. CUMMINGS. I rise today in strong support of the amendment offered 
by the gentleman from New Jersey (Mr. LoBiondo), the ranking member of 
the Subcommittee on Coast Guard and Maritime Transportation, and Mr. 
Coble, a distinguished member of the subcommittee and a former member 
of the United States Coast Guard.
  This amendment would require the Coast Guard to conduct a study of 
its family housing units, including requiring the development of a 
comprehensive inventory of such units and their physical condition. The 
study should also recommend legislative changes that could expand the 
availability of housing units. The state of the housing stock at some 
Coast Guard units is, frankly, appalling, and this is certainly the 
quality of life issue which is most often raised to the subcommittee by 
the Coast Guard members and their dependents.
  I want to thank Mr. LoBiondo for his concern about it. We have talked 
about it many times. It is one of my major conditions and that of our 
subcommittee.
  The amendment offered by the gentleman would help us begin to 
understand the true extent of the Coast Guard's need for family 
housing, as well as the steps that we could take to ensure that the 
need is met and given the budget scoring issues that seem to be 
impeding the development of new housing.
  This amendment would also support several other quality of life 
initiatives and authorize the Coast Guard to award a Coast Guard Cross 
and the Silver Star Medal in recognition of heroic actions in service 
to our Nation.
  These are all initiatives that I strongly support, and I applaud the 
leadership of our ranking member, Mr. LoBiondo, and Mr. Coble.
  Let me also say that it's one thing for us to want our Coast Guard's 
men and women to go out and do a good job, but at the same time we must 
be concerned about their housing. Where they live, where they raise 
their children, where they take care of their families is so very, very 
important.
  While we talk about thin blue line and how much we honor them and 
applaud them, if we say that in one breath and then the next breath do 
not do the things like this to help them live the very best lives that 
they can, that's something that's simply awfully wrong with the 
picture.
  I applaud my colleague, and I urge adoption of the amendment.
  I yield back the balance of my time.
  Mr. LoBIONDO. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. LoBiondo).
  The amendment was agreed to.


                Amendment No. 5 Offered by Mr. LoBiondo

  The Acting CHAIR. It is now in order to consider amendment No. 5 
printed in House Report 111-311.
  Mr. LoBIONDO. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. LoBiondo:
       At the end of title II, add the following:

     SEC. __. SUPPLEMENTAL POSITIONING SYSTEM.

       (a) Study Required.--The Secretary, in consultation with 
     the Secretary of Transportation and other heads of 
     appropriate Federal departments, shall conduct a study to 
     determine whether there is a continued need for a 
     supplemental air and maritime navigation system as a backup 
     to the Global Positioning System.
       (b) Study Components.--The study shall--
       (1) analyze the impact of the termination of a supplemental 
     system may have on maritime and aviation safety, including 
     general aviation;
       (2) review national navigational capabilities available in 
     the event of a loss of the Global Positioning System;
       (3) investigate the capabilities of currently available 
     radionavigational technologies and systems, including the 
     LORAN-C program currently operated by the Coast Guard as well 
     as modernized LORAN systems, and costs and infrastructure 
     requirements necessary to establish a supplemental system 
     nationwide; and

[[Page 25548]]

       (4) include recommendations for future courses of action.
       (c) Public Comment.--The Secretary shall--
       (1) publish in the Federal Register a draft report 
     containing findings, conclusions, and recommendations from 
     the study required by subsection (a);
       (2) accept public comments regarding such draft report for 
     a period of not less than 60 days after the date the draft 
     report is published in the Federal Register; and
       (3) consider any such public comments in the preparation of 
     a final report under subsection (d).
       (d) Final Report.--The Secretary shall submit a final 
     report, including the findings and recommendations, of the 
     study required under subsection (a) and responses to comments 
     gathered under subsection (c) to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate not later than 1 year after the 
     enactment of this Act.
       (e) Secretary Defined.--As used in this section, the term 
     ``Secretary'' means the Secretary of the department in which 
     the Coast Guard is operating.

  The Acting CHAIR. Pursuant to House Resolution 853, the gentleman 
from New Jersey (Mr. LoBiondo) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. LoBIONDO. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I rise to offer this amendment with my colleague, Mr. 
Michaud. This is a simple amendment which would require that the 
Department of Homeland Security, in consultation with the Department of 
Transportation, report to Congress on the decommissioning of the LORAN-
C system. LORAN-C is a radio-based navigation and positioning system 
which many mariners use as a backup to GPS. It is also a primary means 
of navigation for bush pilots in Alaska.
  At the request of the Obama administration, the FY10 Homeland 
Security Appropriations Act does not include funding to continue the 
system's operation. This is being done despite the fact that the 
Department of Homeland Security came to the conclusion in February of 
2008 that a backup system to GPS is needed.
  I am very concerned about the impact this will have on the safety of 
our waterways. In many regions around the country, the GPS can be found 
unreliable. I do not believe, as some in the administration have 
suggested, that we should go back to the days of navigating by sextant 
and lighthouse.
  Our amendment would simply require the two departments to study the 
issue of whether a backup to the GPS is needed for safe navigation and 
report the findings to Congress.
  Mr. Chairman, I urge all Members to support this commonsense 
amendment.
  I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Chairman, I claim time in opposition, although I am 
not opposed.
  The Acting CHAIR. Without objection, the gentleman from Maryland is 
recognized for 5 minutes.
  There was no objection.
  Mr. CUMMINGS. Mr. Chairman, I rise in strong support of the amendment 
offered by the ranking member of the subcommittee, Mr. LoBiondo, and 
Mr. Michaud of Maine.
  This amendment would require the Coast Guard, together with the 
Department of Transportation along with other appropriate Federal 
agencies, to study whether we need a national navigational system to 
supplement and to serve as a backup to the Global Positioning System 
known as GPS.
  In August of 2006, the U.S. Department of Transportation commissioned 
a study to assess whether a backup to GPS was needed. The study, 
conducted by the Institute for Defense Analyses, argued that a backup 
was needed because GPS is vulnerable to local interference and even 
intentional jamming.
  The amendment offered by Mr. LoBiondo and Mr. Michaud is a thoughtful 
amendment intended to ensure that we continue to deepen our 
understanding of our Nation's need for backup navigation aid systems in 
the event that the GPS is taken offline for some reason.
  I support the amendment.
  I yield back the balance of my time.
  Mr. LoBIONDO. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. LoBiondo).
  The amendment was agreed to.

                              {time}  2000


                  Amendment No. 6 Offered by Mr. Himes

  The Acting CHAIR. It is now in order to consider amendment No. 6 
printed in House Report 111-311.
  Mr. HIMES. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. Himes:

       Page 232, beginning at line 13, strike section 1101 and 
     insert the following:

     SEC. __. AMERICA'S WATERWAY WATCH PROGRAM.

       (a) Short Title.-- This section may be cited as the 
     ``America's Waterway Watch Act''.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Homeland Security should establish, within 
     the Department of Homeland Security, citizen watch programs 
     that promote voluntary reporting of suspected terrorist 
     activity and suspicious behavior.
       (c) America's Waterway Watch Program.--
       (1) In general.--There is hereby established, within the 
     Coast Guard, the America's Waterway Watch Program 
     (hereinafter in this section referred to as the ``Program'').
       (2) Purpose.--The Secretary of Homeland Security, acting 
     through the Commandant of the Coast Guard, 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, United States Code) 
     against a vessel, facility, port, or waterway.
       (3) Information; training.--
       (A) Information.--The Secretary, acting through the 
     Commandant, may establish, as an element of the Program, a 
     network of individuals and community-based organizations that 
     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.
       (B) Training.--The Secretary, acting through the 
     Commandant, may provide training in--
       (i) observing and reporting on covered activities; and
       (ii) sharing such reports and coordinating the response by 
     Federal, State, and local law enforcement agencies.
       (4) Instructional materials.--
       (A) In general.--The Secretary of Homeland Security, acting 
     throgh the Commandant of the Coast Guard, may--
       (i) develop instructional materials that--

       (I) provide information on inland waterways, ports and 
     harbors, and coastal regions for a specific region, as well 
     as specific vulnerabilities and threats common to a specific 
     region; and
       (II) promote 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, United States Code) against a vessel, facility, 
     port, or waterway; and

       (ii) distribute such materials to States, political 
     subdivisions of the States, or non-governmental organization 
     that provide instruction on boating or vessel operation in 
     conjunction with any other instruction provided.
       (B) Dissemination.--The Secretary, acting throgh the 
     Commandant --
       (i) shall ensure that such materials are made available to 
     any person or persons; and
       (ii) is authorized to require, as a condition of receipt of 
     funding or materials, pursuant to subparagraph (A), that the 
     recipient of such funding or materials develops a program to 
     reach the widest possible audience.
       (C) Eligibility, federal assistance.--The receipt, use, and 
     dissemination of such materials shall not diminish the 
     eligibility of any State, political subdivision of such 
     State, or non-governmental organization to receive Federal 
     assistance or reduce the amount of Federal assistance that 
     such State, political subdivision of such State, or non-
     governmental organization that otherwise receive.
       (5) Voluntary participation.--Participation in the 
     Program--
       (A) shall be wholly voluntary;
       (B) 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
       (C) shall not require disclosure of information regarding 
     the individual reporting covered activities or, for 
     proprietary purposes, the location of such individual.
       (6) Definitions.--In this subsection:
       (A) The term ``covered activity'' means any suspicious 
     transaction, activity, or occurrence that involves, or is 
     directed

[[Page 25549]]

     against, a vessel or facility (as that term is defined in 
     section 70101(2) of title 46, United States Code) indicating 
     that an individual or individuals may be preparing to engage, 
     or engaging, in a violation of law relating to--
       (i) a threat to a vessel, facility, port, or waterway; or
       (ii) an act of terrorism (as that term is defined in 
     section 3077 of title 18, United States Code).
       (B) The term ``facility'' has the same meaning such term 
     has in section 70101(2) of title 46, United States Code.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated for the purposes of this section 
     $3,000,000 for fiscal years 2010 through 2015. Such funds 
     shall remain available until expended.
       (d) 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 Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives.

  The CHAIR. Pursuant to House Resolution 853, the gentleman from 
Connecticut (Mr. Himes) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Connecticut.
  Mr. HIMES. Mr. Chair, I yield myself such time as I may consume.
  I would like to begin by thanking Chairman Oberstar and Chairman 
Thompson for their very diligent and intense work on this very 
important bill touching so closely to the topic of national security 
and making sure that our borders are secure and people are safe.
  We have taken great strides in the last few years to ensure that our 
coasts, our rivers, our bridges, our tunnels, our ports and ships are 
safer than perhaps they were before. But the reality is that they are, 
as we all know, still vulnerable to attack.
  With more than 95,000 miles of shoreline, more than 290,000 square 
miles of water and approximately 70 million recreational boats in the 
United States, the United States Coast Guard and local first responders 
simply cannot protect our Nation's waterways on their own. Individual 
citizens are often in the best position to notice suspicious activities 
that may be early indicators of terrorist activity. Any observations of 
suspicious or unusual activity could be extremely valuable to our 
national security, so we need a system in place to train volunteers to 
report their findings.
  The amendment that I offer this evening strengthens, streamlines, and 
improves the national effort to engage local citizens in the fight to 
protect our waterways through the America's Waterway Watch Program. 
This program is an essential step toward improving our national 
maritime and homeland security outreach and awareness strategy, 
educating industry and the public on the need to be vigilant and to 
report suspicious activity. The amendment aims to develop a system to 
collect and share these reports.
  My amendment would authorize full funding for this program for the 
very first time, allowing the Coast Guard to fulfill the promise of the 
program by providing resources, training support and awareness of best 
practices to our Nation's small vessel owners, recreational boaters, 
tugboat operators, fishermen and marina operators, those people who are 
day in and day out closest to where activity is likely to occur.
  In the spirit of national security and with the support of the United 
States Coast Guard and the House Homeland Security Committee, I urge my 
colleagues to support this amendment.
  I reserve the balance of my time.
  Mr. LoBIONDO. Mr. Chairman, I seek to claim the time in opposition, 
although I am not opposed.
  The Acting CHAIR. Without objection, the gentleman from New Jersey is 
recognized for 5 minutes.
  There was no objection.
  Mr. LoBIONDO. Mr. Chairman, we have no objection to the gentleman's 
amendment. The amendment would require the Coast Guard to establish the 
American Waterways Watch Program, which I understand is already in 
operation today. The language is identical to language that was offered 
by former Transportation Committee member from the State of Washington, 
Dave Reichert, as an amendment to the bill in the 110th Congress. So we 
have no object to its inclusion once again.
  Mr. Chairman, I yield back the balance of my time.
  Mr. HIMES. I thank my colleague and friend from New Jersey (Mr. 
LoBiondo) and yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Connecticut (Mr. Himes).
  The amendment was agreed to.
  Mr. CUMMINGS. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Himes) having assumed the chair, Mr. Polis, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 3619) to 
authorize appropriations for the Coast Guard for fiscal year 2010, and 
for other purposes, had come to no resolution thereon.

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