[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[House]
[Pages 16865-16907]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

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

                              H. Res. 1665

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                         TITLE I--AUTHORIZATION

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

                         TITLE II--COAST GUARD

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

                   TITLE III--SHIPPING AND NAVIGATION

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

                      TITLE IV--ACQUISITION REFORM

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

                   TITLE V--COAST GUARD MODERNIZATION

Sec. 501. Short title.

                   Subtitle A--Coast Guard Leadership

Sec. 511. Vice admirals.

                    Subtitle B--Workforce Expertise

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

                        TITLE VI--MARINE SAFETY

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

                  TITLE VII--OIL POLLUTION PREVENTION

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

                       TITLE VIII--PORT SECURITY

Sec. 801. America's Waterway Watch Program.
Sec. 802. Transportation Worker Identification Credential.
Sec. 803. Interagency operational centers for port security.
Sec. 804. Deployable, specialized forces.
Sec. 805. Coast Guard detection canine team program expansion.
Sec. 806. Coast Guard port assistance Program.
Sec. 807. Maritime biometric identification.
Sec. 808. Pilot Program for fingerprinting of maritime workers.
Sec. 809. Transportation security cards on vessels.
Sec. 810. Maritime Security Advisory Committees.
Sec. 811. Seamen's shoreside access.
Sec. 812. Waterside security of especially hazardous cargo.
Sec. 813. Review of liquefied natural gas facilities.
Sec. 814. Use of secondary authentication for transportation security 
              cards.
Sec. 815. Assessment of transportation security card enrollment sites.
Sec. 816. Assessment of the feasibility of efforts to mitigate the 
              threat of small boat attack in major ports.
Sec. 817. Report and recommendation for uniform security background 
              checks.
Sec. 818. Transportation security cards: access pending issuance; 
              deadlines for processing; receipt.
Sec. 819. Harmonizing security card expirations.
Sec. 820. Clarification of rulemaking authority.
Sec. 821. Port security training and certification.
Sec. 822. Integration of security plans and systems with local port 
              authorities, State harbor divisions, and law enforcement 
              agencies.
Sec. 823. Transportation security cards.
Sec. 824. Pre-positioning interoperable communications equipment at 
              interagency operational centers.
Sec. 825. International port and facility inspection coordination.
Sec. 826. Area transportation security incident mitigation plan.

[[Page 16866]]

Sec. 827. Risk based resource allocation.
Sec. 828. Port security zones.

                   TITLE IX--MISCELLANEOUS PROVISIONS

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

                          TITLE X--CLEAN HULLS

                     Subtitle A--General Provisions

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

              Subtitle B--Implementation of the Convention

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

           Subtitle C--Prohibitions and Enforcement Authority

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

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

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

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

                         TITLE II--COAST GUARD

     SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

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

     ``Sec. 153. Appointment of judges

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

``153. Appointment of judges.''.

     SEC. 202. INDUSTRIAL ACTIVITIES.

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

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

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

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

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

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

     SEC. 204. COMMISSIONED OFFICERS.

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

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

       ``(a) Maximum Total Number.--The total number of Coast 
     Guard commissioned officers on the active duty promotion 
     list, excluding warrant officers, shall not exceed 7,200; 
     except that the Commandant may temporarily increase that 
     number by up to 2 percent for no more than 60 days following 
     the date of the commissioning of a Coast Guard Academy class.
       ``(b) Distribution Percentages by Grade.--

[[Page 16867]]

       ``(1) Required.--The total number of commissioned officers 
     authorized by this section shall be distributed in grade in 
     the following percentages: 0.375 percent for rear admiral; 
     0.375 percent for rear admiral (lower half); 6.0 percent for 
     captain; 15.0 percent for commander; and 22.0 percent for 
     lieutenant commander.
       ``(2) Discretionary.--The Secretary shall prescribe the 
     percentages applicable to the grades of lieutenant, 
     lieutenant (junior grade), and ensign.
       ``(3) Authority of secretary to reduce percentage.--The 
     Secretary--
       ``(A) may reduce, as the needs of the Coast Guard require, 
     any of the percentages set forth in paragraph (1); and
       ``(B) shall apply that total percentage reduction to any 
     other lower grade or combination of lower grades.
       ``(c) Computations.--
       ``(1) In general.--The Secretary shall compute, at least 
     once each year, the total number of commissioned officers 
     authorized to serve in each grade by applying the grade 
     distribution percentages established by or under this section 
     to the total number of commissioned officers listed on the 
     current active duty promotion list.
       ``(2) Rounding fractions.--Subject to subsection (a), in 
     making the computations under paragraph (1), any fraction 
     shall be rounded to the nearest whole number.
       ``(3) Treatment of officers serving outside coast guard.--
     The number of commissioned officers on the active duty 
     promotion list below the rank of rear admiral (lower half) 
     serving with other Federal departments or agencies on a 
     reimbursable basis or excluded under section 324(d) of title 
     49 shall not be counted against the total number of 
     commissioned officers authorized to serve in each grade.
       ``(d) Use of Numbers; Temporary Increases.--The numbers 
     resulting from computations under subsection (c) shall be, 
     for all purposes, the authorized number in each grade; except 
     that the authorized number for a grade is temporarily 
     increased during the period between one computation and the 
     next by the number of officers originally appointed in that 
     grade during that period and the number of officers of that 
     grade for whom vacancies exist in the next higher grade but 
     whose promotion has been delayed for any reason.
       ``(e) Officers Serving Coast Guard Academy and Reserve.--
     The number of officers authorized to be serving on active 
     duty in each grade of the permanent commissioned teaching 
     staff of the Coast Guard Academy and of the Reserve serving 
     in connection with organizing, administering, recruiting, 
     instructing, or training the reserve components shall be 
     prescribed by the Secretary.''.
       (b) Clerical Amendment.--The analysis for chapter 3 of such 
     title is amended by striking the item relating to section 42 
     and inserting the following:

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

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

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

     SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

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

     SEC. 207. LEAVE RETENTION AUTHORITY.

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

     ``Sec. 426. Emergency leave retention authority

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

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

     SEC. 208. ENFORCEMENT AUTHORITY.

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

     ``Sec. 99. Enforcement authority

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

``99. Enforcement authority.''.

     SEC. 209. REPEAL.

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

     SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.

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

     ``Sec. 7115. Merchant Mariner Medical Advisory Committee

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

[[Page 16868]]

       ``(e) Compensation; Reimbursement.--Members of the 
     Committee shall serve without compensation, except that, 
     while engaged in the performance of duties away from their 
     homes or regular places of business of the member, the member 
     of the Committee may be allowed travel expenses, including 
     per diem in lieu of subsistence, as authorized by section 
     5703 of title 5.
       ``(f) Staff; Services.--The Secretary shall furnish to the 
     Committee the personnel and services as are considered 
     necessary for the conduct of its business.''.
       (b) First Meeting.--No later than six months after the date 
     of enactment of this Act, the Merchant Mariner Medical 
     Advisory Committee established by the amendment made by this 
     section shall hold its first meeting.
       (c) Clerical Amendment.--The analysis for chapter 71 of 
     that title is amended by adding at the end the following:

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

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

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

     SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

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

     SEC. 213. COAST GUARD VESSELS AND AIRCRAFT.

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

     SEC. 214. COAST GUARD DISTRICT OMBUDSMEN.

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

     ``Sec. 55. District Ombudsmen

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

``55. District Ombudsmen.''.

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

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

     ``Sec. 293. Compulsory retirement

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

``293. Compulsory retirement.''.

[[Page 16869]]



     SEC. 216. ENFORCEMENT OF COASTWISE TRADE LAWS.

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

     ``Sec. 100. Enforcement of coastwise trade laws

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

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

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

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

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

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

     SEC. 219. SUPPLEMENTAL POSITIONING SYSTEM.

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

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

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

     SEC. 221. COAST GUARD HOUSING.

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

     ``Sec. 685. Conveyance of real property

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

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

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

     ``Sec. 688. Reports

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

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

     SEC. 222. CHILD DEVELOPMENT SERVICES.

       Section 515 of title 14, United States Code, is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b)(1) The Commandant is authorized to use appropriated 
     funds available to the Coast Guard to provide child 
     development services.
       ``(2)(A) The Commandant is authorized to establish, by 
     regulations, fees to be charged parents for the attendance of 
     children at Coast Guard child development centers.

[[Page 16870]]

       ``(B) Fees to be charged, pursuant to subparagraph (A), 
     shall be based on family income, except that the Commandant 
     may, on a case-by-base basis, establish fees at lower rates 
     if such rates would not be competitive with rates at local 
     child development centers.
       ``(C) The Commandant is authorized to collect and expend 
     fees, established pursuant to this subparagraph, and such 
     fees shall, without further appropriation, remain available 
     until expended for the purpose of providing services, 
     including the compensation of employees and the purchase of 
     consumable and disposable items, at Coast Guard child 
     development centers.
       ``(3) The Commandant is authorized to use appropriated 
     funds available to the Coast Guard to provide assistance to 
     family home daycare providers so that family home daycare 
     services can be provided to uniformed service members and 
     civilian employees of the Coast Guard at a cost comparable to 
     the cost of services provided by Coast Guard child 
     development centers.'';
       (2) by repealing subsections (d) and (e); and
       (3) by redesignating subsections (f) and (g) as subsections 
     (d) and (e), respectively.

     SEC. 223. CHAPLAIN ACTIVITY EXPENSE.

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

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

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

     ``Sec. 491a. Coast Guard cross

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

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

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

     ``Sec. 492a. Silver star medal

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

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

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

                   TITLE III--SHIPPING AND NAVIGATION

     SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS 
                   JURISDICTION.

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

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

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

     SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

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

[[Page 16871]]

       (C) in paragraph (4), by striking ``a vessel (except a 
     vessel engaged'' and inserting ``a vessel of United States 
     registry or nationality, or one operated under the authority 
     of the United States (except a vessel that engages'';
       (D) by striking paragraph (5);
       (E) by redesignating paragraph (6) as paragraph (5); and
       (F) by amending paragraph (5), as so redesignated, to read 
     as follows:
       ``(5) a barge of United States registry or nationality, or 
     a barge operated under the authority of the United States 
     (except a barge that engages on a foreign voyage) unless the 
     owner requests.'';
       (3) by striking subsection (c);
       (4) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively; and
       (5) in subsection (c), as redesignated, by striking ``After 
     July 18, 1994, an existing vessel (except an existing vessel 
     referred to in subsection (b)(5)(A) or (B) of this section)'' 
     and inserting ``An existing vessel that has not undergone a 
     change that the Secretary finds substantially affects the 
     vessel's gross tonnage (or a vessel to which IMO Resolutions 
     A.494 (XII) of November 19, 1981, A.540 (XIII) of November 
     17, 1983, or A.541 (XIII) of November 17, 1983, apply)''.
       (d) Measurement.--Section 14302(b) of that title is amended 
     to read as follows:
       ``(b) A vessel measured under this chapter may not be 
     required to be measured under another law.''.
       (e) Tonnage Certificate.--
       (1) Issuance.--Section 14303 of title 46, United States 
     Code, is amended--
       (A) in subsection (a), by adding at the end the following: 
     ``For a vessel to which the Convention does not apply, the 
     Secretary shall prescribe a certificate to be issued as 
     evidence of a vessel's measurement under this chapter.'';
       (B) in subsection (b), by inserting ``issued under this 
     section'' after ``certificate''; and
       (C) in the section heading by striking ``International'' 
     and ``(1969)''.
       (2) Maintenance.--Section 14503 of that title is amended--
       (A) by designating the existing text as subsection (a); and
       (B) by adding at the end the following new subsection:
       ``(b) The certificate shall be maintained as required by 
     the Secretary.''.
       (3) Clerical amendment.--The analysis at the beginning of 
     chapter 143 of that title is amended by striking the item 
     relating to section 14303 and inserting the following:

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

     ``Sec. 14514. Reciprocity for foreign vessels

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

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

     SEC. 304. MERCHANT MARINER DOCUMENT STANDARDS.

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

     SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION 
                   PROJECT.

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

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

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

     SEC. 307. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION.

       (a) Purpose.--The purpose of this section is to ensure safe 
     and secure maritime shipping in the Arctic including the 
     availability of aids to navigation, vessel escorts, spill 
     response capability, and maritime search and rescue in the 
     Arctic.
       (b) International Maritime Organization Agreements.--To 
     carry out the purpose of this section, the Secretary of the 
     department in which the Coast Guard is operating is 
     encouraged to enter into negotiations through the 
     International Maritime Organization to conclude and execute 
     agreements to promote

[[Page 16872]]

     coordinated action among the United States, Russia, Canada, 
     Iceland, Norway, and Denmark and other seafaring and Arctic 
     nations to ensure, in the Arctic--
       (1) placement and maintenance of aids to navigation;
       (2) appropriate marine safety, tug, and salvage 
     capabilities;
       (3) oil spill prevention and response capability;
       (4) maritime domain awareness, including long-range vessel 
     tracking; and
       (5) search and rescue.
       (c) Coordination by Committee on the Maritime 
     Transportation System.--The Committee on the Maritime 
     Transportation System established under a directive of the 
     President in the Ocean Action Plan, issued December 17, 2004, 
     shall coordinate the establishment of domestic transportation 
     policies in the Arctic necessary to carry out the purpose of 
     this section.
       (d) Agreements and Contracts.--The Secretary of the 
     department in which the Coast Guard is operating may, subject 
     to the availability of appropriations, enter into cooperative 
     agreements, contracts, or other agreements with, or make 
     grants to individuals and governments to carry out the 
     purpose of this section or any agreements established under 
     subsection (b).
       (e) Icebreaking.--The Secretary of the department in which 
     the Coast Guard is operating shall promote safe maritime 
     navigation by means of icebreaking where necessary, feasible, 
     and effective to carry out the purposes of this section.
       (f) Independent Ice Breaker Analyses.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall require a 
     nongovernmental, independent third party (other than the 
     National Academy of Sciences) that has extensive experience 
     in the analysis of military procurements, to--
       (A) conduct a comparative cost-benefit analysis, taking 
     into account future Coast Guard budget projections (which 
     assume Coast Guard budget growth of no more than inflation) 
     and other recapitalization needs, of--
       (i) rebuilding, renovating, or improving the existing fleet 
     of polar icebreakers for operation by the Coast Guard;
       (ii) constructing new polar icebreakers for operation by 
     the Coast Guard;
       (iii) construction of new polar icebreakers by the National 
     Science Foundation for operation by the Foundation;
       (iv) rebuilding, renovating, or improving the existing 
     fleet of polar icebreakers by the National Science Foundation 
     for operation by the Foundation; and
       (v) any combination of the activities described in clause 
     (i), (ii), (iii), or (iv) to carry out the missions of the 
     Coast Guard and the National Science Foundation; and
       (B) conduct a comprehensive analysis of the impact on all 
     Coast Guard activities, including operations, maintenance, 
     procurements, and end strength, of the acquisition of polar 
     icebreakers described in subparagraph (A) by the Coast Guard 
     or the National Science Foundation assuming that total Coast 
     Guard funding will not increase more than the annual rate of 
     inflation.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall submit a report 
     containing the results of the analyses required under 
     paragraph (1), together with recommendations the Commandant 
     considers appropriate under section 93(a)(24) of title 14, 
     United States Code, to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (g) High-Latitude Study.--Not later than 90 days after the 
     date of enactment of this Act or the date of completion of 
     the ongoing High-Latitude Study to assess polar icebreaking 
     mission requirements for all Coast Guard missions including 
     search and rescue, marine pollution response and prevention, 
     fisheries enforcement, and maritime commerce, whichever 
     occurs later, the Commandant of the Coast Guard shall submit 
     a report containing the results of the study, together with 
     recommendations the Commandant considers appropriate under 
     section 93(a)(24) of title 14, United States Code, to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.
       (h) Arctic Definition.--In this section the term ``Arctic'' 
     has the same meaning as in section 112 of the Arctic Research 
     and Policy Act of 1984 (15 U.S.C. 4111).

                      TITLE IV--ACQUISITION REFORM

     SEC. 401. CHIEF ACQUISITION OFFICER.

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

     ``Sec. 56. Chief Acquisition Officer

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

``56. Chief Acquisition Officer.''.

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

     SEC. 402. ACQUISITIONS.

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

[[Page 16873]]

                       ``Chapter 15--Acquisitions

                   ``subchapter i--general provisions

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

      ``subchapter ii--improved acquisition process and procedures

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

                      ``subchapter iii--definitions

``581. Definitions.

                   ``SUBCHAPTER I--GENERAL PROVISIONS

     ``Sec. 561. Acquisition directorate

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

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

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

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

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of the Coast Guard Authorization Act for Fiscal 
     Years 2010 and 2011, the Commandant shall commence 
     implementation of a program to recognize excellent 
     performance by individuals

[[Page 16874]]

     and teams comprised of officers, members, and employees of 
     the Coast Guard that contributed to the long-term success of 
     a Coast Guard acquisition project or program.
       ``(b) Elements.--The program shall include--
       ``(1) specific award categories, criteria, and eligibility 
     and manners of recognition;
       ``(2) procedures for the nomination by personnel of the 
     Coast Guard of individuals and teams comprised of officers, 
     members, and employees of the Coast Guard for recognition 
     under the program; and
       ``(3) procedures for the evaluation of nominations for 
     recognition under the program by one or more panels of 
     individuals from the Government, academia, and the private 
     sector who have such expertise and are appointed in such 
     manner as the Commandant shall establish for the purposes of 
     this program.
       ``(c) Award of Cash Bonuses.--As part of the program 
     required by subsection (a), the Commandant, subject to the 
     availability of appropriations, may award to any civilian 
     employee recognized pursuant to the program a cash bonus to 
     the extent that the performance of such individual so 
     recognized warrants the award of such bonus.

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

       ``(a) In General.--
       ``(1) Use of lead systems integrator.--Except as provided 
     in subsection (b), the Commandant may not use a private 
     sector entity as a lead systems integrator for an acquisition 
     contract awarded or delivery order or task order issued after 
     the date of enactment of the Coast Guard Authorization Act 
     for Fiscal Years 2010 and 2011.
       ``(2) Full and open competition.--The Commandant and any 
     lead systems integrator engaged by the Coast Guard, pursuant 
     to the exceptions described in subsection (b), shall use full 
     and open competition for any acquisition contract awarded 
     after the date of enactment of that Act, unless otherwise 
     excepted in accordance with Federal acquisition laws and 
     regulations promulgated under those laws, including the 
     Federal Acquisition Regulation.
       ``(3) No effect on small business act.--Nothing in this 
     subsection shall be construed to supersede or otherwise 
     affect the authorities provided by and under the Small 
     Business Act (15 U.S.C. 631 et seq.).
       ``(b) Exceptions.--
       ``(1) National distress and response system modernization 
     program; c4isr; national security cutters 2 and 3.--
     Notwithstanding subsection (a), the Commandant may use a 
     private sector entity as a lead systems integrator for the 
     Coast Guard to complete the National Distress and Response 
     System Modernization Program (otherwise known as the `Rescue 
     21' program), the C4ISR projects directly related to the 
     Integrated Deepwater program, and National Security Cutters 2 
     and 3, if the Secretary of the department in which the Coast 
     Guard is operating certifies that--
       ``(A) the acquisition is in accordance with Federal law and 
     the Federal Acquisition Regulation; and
       ``(B) the acquisition and the use of a private sector lead 
     systems integrator for the acquisition is in the best 
     interest of the Federal Government.
       ``(2) Report on decisionmaking process.--If the Commandant 
     uses a private sector lead systems integrator for an 
     acquisition, the Commandant shall notify in writing the 
     appropriate congressional committees of the Commandant's 
     determination and shall provide to such committees a detailed 
     rationale for the determination, at least 30 days before the 
     award of a contract or issuance of a delivery order or task 
     order, using a private sector lead systems integrator, 
     including a comparison of the cost of the acquisition through 
     the private sector lead systems integrator with the expected 
     cost if the acquisition were awarded directly to the 
     manufacturer or shipyard. For purposes of that comparison, 
     the cost of award directly to a manufacturer or shipyard 
     shall include the costs of Government contract management and 
     oversight.
       ``(c) Limitation on Lead Systems Integrators.--Neither an 
     entity performing lead systems integrator functions for a 
     Coast Guard acquisition nor a Tier 1 subcontractor for any 
     acquisition may have a financial interest in a subcontractor 
     below the Tier 1 subcontractor level unless--
       ``(1) the subcontractor was selected by the prime 
     contractor through full and open competition for such 
     procurement;
       ``(2) the procurement was awarded by the lead systems 
     integrator or a subcontractor through full and open 
     competition;
       ``(3) the procurement was awarded by a subcontractor 
     through a process over which the lead systems integrator and 
     a Tier 1 subcontractor exercised no control; or
       ``(4) the Commandant has determined that the procurement 
     was awarded in a manner consistent with Federal acquisition 
     laws and regulations promulgated under those laws, including 
     the Federal Acquisition Regulation.
       ``(d) Termination Date for Exceptions.--Except as described 
     in subsection (b)(1), the Commandant may not use a private 
     sector entity as a lead systems integrator for acquisition 
     contracts awarded, or task orders or delivery orders issued, 
     after the earlier of--
       ``(1) September 30, 2011; or
       ``(2) the date on which the Commandant certifies in writing 
     to the appropriate congressional committees that the Coast 
     Guard has available and can retain sufficient acquisition 
     workforce personnel and expertise within the Coast Guard, 
     through an arrangement with other Federal agencies, or 
     through contracts or other arrangements with private sector 
     entities, to perform the functions and responsibilities of 
     the lead systems integrator in an efficient and cost-
     effective manner.

     ``Sec. 565. Required contract terms

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

     ``Sec. 566. Department of Defense consultation

       ``(a) In General.--The Commandant shall make arrangements 
     as appropriate with the Secretary of Defense for support in 
     contracting and management of Coast Guard acquisition 
     programs. The Commandant shall also seek opportunities to 
     make use of Department of Defense contracts, and contracts of 
     other appropriate agencies, to obtain the best possible price 
     for assets acquired for the Coast Guard.
       ``(b) Interservice Technical Assistance.--The Commandant 
     shall seek to enter into a memorandum of understanding or a 
     memorandum of agreement with the Secretary of the Navy to 
     obtain the assistance of the Office of the Assistant 
     Secretary of the Navy for Research, Development, and 
     Acquisition, including the Navy Systems Command, with the 
     oversight of Coast Guard major acquisition programs. The 
     memorandum of understanding or memorandum of agreement shall, 
     at a minimum, provide for--
       ``(1) the exchange of technical assistance and support that 
     the Assistant Commandants for Acquisition, Human Resources, 
     Engineering, and Information technology may identify;
       ``(2) the use, as appropriate, of Navy technical expertise; 
     and
       ``(3) the temporary assignment or exchange of personnel 
     between the Coast Guard and the Office of the Assistant 
     Secretary of the

[[Page 16875]]

     Navy for Research, Development, and Acquisition, including 
     Naval Systems Command, to facilitate the development of 
     organic capabilities in the Coast Guard.
       ``(c) Technical Requirement Approval Procedures.--The Chief 
     Acquisition Officer shall adopt, to the extent practicable, 
     procedures modeled after those used by the Navy Senior 
     Acquisition Official to approve all technical requirements.
       ``(d) Assessment.--Within 180 days after the date of 
     enactment of the Coast Guard Authorization Act for fiscal 
     years 2010 and 2011, the Comptroller General of the United 
     States shall transmit a report to the appropriate 
     congressional committees that--
       ``(1) contains an assessment of current Coast Guard 
     acquisition and management capabilities to manage Level 1 and 
     Level 2 acquisitions;
       ``(2) includes recommendations as to how the Coast Guard 
     can improve its acquisition management, either through 
     internal reforms or by seeking acquisition expertise from the 
     Department of Defense; and
       ``(3) addresses specifically the question of whether the 
     Coast Guard can better leverage Department of Defense or 
     other agencies' contracts that would meet the needs of Level 
     1 or Level 2 acquisitions in order to obtain the best 
     possible price.

     ``Sec. 567. Undefinitized contractual actions

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

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

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

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

       ``(a) Report Required.--Not later than December 31, 2011, 
     and annually thereafter, the Comptroller General of the 
     United States shall submit a report to the appropriate 
     congressional committees on the employment during the 
     preceding year by Coast Guard contractors of individuals who 
     were Coast Guard officials in the previous 5-year period. The 
     report shall assess the extent to which former Coast Guard 
     officials were provided compensation by Coast Guard 
     contractors in the preceding calendar year.
       ``(b) Objectives of Report.--At a minimum, the report 
     required by this section shall assess the extent to which 
     former Coast Guard officials who receive compensation from 
     Coast Guard contractors have been assigned by those 
     contractors to work on contracts or programs between the 
     contractor and the Coast Guard, including contracts or 
     programs for which the former official personally had 
     oversight responsibility or decisionmaking authority when 
     they served in or worked for the Coast Guard.
       ``(c) Confidentiality Requirement.--The report required by 
     this subsection shall not include the names of the former 
     Coast Guard officials who receive compensation from Coast 
     Guard contractors.
       ``(d) Access to Information.--A Coast Guard contractor 
     shall provide the Comptroller General access to information 
     requested by the Comptroller General for the purpose of 
     conducting the study required by this section.
       ``(e) Definitions.--In this section:

[[Page 16876]]

       ``(1) Coast guard contractor.--The term `Coast Guard 
     contractor' includes any person that received at least 
     $10,000,000 in contractor awards from the Coast Guard in the 
     calendar year covered by the annual report.
       ``(2) Coast guard official.--The term `Coast Guard 
     official' includes former officers of the Coast Guard who 
     were compensated at a rate of pay for grade O-7 or above 
     during the calendar year prior to the date on which they 
     separated from the Coast Guard, and former civilian employees 
     of the Coast Guard who served at any Level of the Senior 
     Executive Service under subchapter VIII of chapter 53 of 
     title 5, United States Code, during the calendar year prior 
     to the date on which they separated from the Coast Guard.

      ``SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

     ``Sec. 571. Identification of major system acquisitions

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

     ``Sec. 572. Acquisition

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

[[Page 16877]]

       ``(2) Types of estimates.--In addition to life-cycle cost 
     estimates that may be developed by acquisition program 
     offices, the Commandant shall require that an independent 
     life-cycle cost estimate be developed for each Level 1 or 
     Level 2 acquisition project or program.
       ``(3) Required updates.--For each Level 1 or Level 2 
     acquisition project or program the Commandant shall require 
     that life-cycle cost estimates shall be updated before each 
     milestone decision is concluded and the project or program 
     enters a new acquisition phase.

     ``Sec. 573. Preliminary development and demonstration

       ``(a) In General.--The Commandant shall ensure that 
     developmental test and evaluation, operational test and 
     evaluation, life-cycle cost estimates, and the development 
     and demonstration requirements applied by this chapter to 
     acquisition projects and programs are met to confirm that the 
     projects or programs meet the requirements identified in the 
     mission-analysis and affordability assessment prepared under 
     section 571(a)(2), the operational requirements developed 
     under section 572(a)(1) and the following development and 
     demonstration objectives:
       ``(1) To demonstrate that the design, manufacturing, and 
     production solution is based upon a stable, producible, and 
     cost-effective product design.
       ``(2) To ensure that the product capabilities meet contract 
     specifications, acceptable operational performance 
     requirements, and system security requirements.
       ``(3) To ensure that the product design is mature enough to 
     commit to full production and deployment.
       ``(b) Tests and Evaluations.--
       ``(1) In general.--The Commandant shall ensure that the 
     Coast Guard conducts developmental tests and evaluations and 
     operational tests and evaluations of a capability or asset 
     and the subsystems of the capability or asset in accordance 
     with the master plan prepared for the capability or asset 
     under section 572(d)(1).
       ``(2) Use of third parties.--The Commandant shall ensure 
     that the Coast Guard uses independent third parties with 
     expertise in testing and evaluating the capabilities or 
     assets and the subsystems of the capabilities or assets being 
     acquired to conduct developmental tests and evaluations and 
     operational tests and evaluations whenever the Coast Guard 
     lacks the capability to conduct the tests and evaluations 
     required by a master plan.
       ``(3) Communication of safety concerns.--The Commandant 
     shall require that safety concerns identified during 
     developmental or operational tests and evaluations or through 
     independent or Government-conducted design assessments of 
     capabilities or assets and subsystems of capabilities or 
     assets to be acquired by the Coast Guard shall be 
     communicated as soon as practicable, but not later than 30 
     days after the completion of the test or assessment event or 
     activity that identified the safety concern, to the program 
     manager for the capability or asset and the subsystems 
     concerned and to the Chief Acquisition Officer.
       ``(4) Reporting of safety concerns.--Any safety concerns 
     that have been reported to the Chief Acquisition Officer for 
     an acquisition program or project shall be reported by the 
     Commandant to the appropriate congressional committees at 
     least 90 days before the award of any contract or issuance of 
     any delivery order or task order for low, initial, or full-
     rate production of the capability or asset concerned if they 
     will remain uncorrected or unmitigated at the time such a 
     contract is awarded or delivery order or task order is 
     issued. The report shall include a justification for the 
     approval of that level of production of the capability or 
     asset before the safety concerns are corrected or mitigated. 
     The report shall also include an explanation of the actions 
     that will be taken to correct or mitigate the safety 
     concerns, the date by which those actions will be taken, and 
     the adequacy of current funding to correct or mitigate the 
     safety concerns.
       ``(5) Asset already in low, initial, or full-rate 
     production.--If operational test and evaluation of a 
     capability or asset already in low, initial, or full-rate 
     production identifies a safety concern with the capability or 
     asset or any subsystems of the capability or asset not 
     previously identified during developmental or operational 
     test and evaluation, the Commandant shall--
       ``(A) notify the program manager and the Chief Acquisition 
     Officer of the safety concern as soon as practicable, but not 
     later than 30 days after the completion of the test and 
     evaluation event or activity that identified the safety 
     concern; and
       ``(B) notify the Chief Acquisition Officer and include in 
     such notification--
       ``(i) an explanation of the actions that will be taken to 
     correct or mitigate the safety concern in all capabilities or 
     assets and subsystems of the capabilities or assets yet to be 
     produced, and the date by which those actions will be taken;
       ``(ii) an explanation of the actions that will be taken to 
     correct or mitigate the safety concern in previously produced 
     capabilities or assets and subsystems of the capabilities or 
     assets, and the date by which those actions will be taken; 
     and
       ``(iii) an assessment of the adequacy of current funding to 
     correct or mitigate the safety concern in capabilities or 
     assets and subsystems of the capabilities or assets and in 
     previously produced capabilities or assets and subsystems.
       ``(c) Technical Certification.--
       ``(1) In general.--The Commandant shall ensure that any 
     Level 1 or Level 2 acquisition project or program is 
     certified by the technical authority of the Coast Guard after 
     review by an independent third party with capabilities in the 
     mission area, asset, or particular asset component.
       ``(2) TEMPEST testing.--The Commandant shall--
       ``(A) cause all electronics on all aircraft, surface, and 
     shore capabilities and assets that require TEMPEST 
     certification and that are delivered after the date of 
     enactment of the Coast Guard Authorization Act of 2010 to be 
     tested in accordance with TEMPEST standards and 
     communications security (comsec) standards by an independent 
     third party that is authorized by the Federal Government to 
     perform such testing; and
       ``(B) certify that the assets meet all applicable TEMPEST 
     requirements.
       ``(3) Cutter classification.--
       ``(A) In general.--The Commandant shall cause each cutter, 
     other than a National Security Cutter, acquired by the Coast 
     Guard and delivered after the date of enactment of the Coast 
     Guard Authorization Act of 2010 to be classed by the American 
     Bureau of Shipping before final acceptance.
       ``(B) Reports.--Not later than December 31, 2011, and 
     biennially thereafter, the Commandant shall provide a report 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate identifying which, 
     if any, Coast Guard cutters that have been issued a 
     certificate of classification by the American Bureau of 
     Shipping have not been maintained in class and detailing the 
     reasons why they have not been maintained in class.
       ``(4) Other vessels.--The Commandant shall cause the design 
     and construction of each National Security Cutter, other than 
     National Security Cutters 1, 2, and 3, to be assessed by an 
     independent third party with expertise in vessel design and 
     construction certification.
       ``(5) Aircraft airworthiness.--The Commandant shall cause 
     all aircraft and aircraft engines acquired by the Coast Guard 
     and delivered after the date of enactment of the Coast Guard 
     Authorization Act of 2010 to be assessed for airworthiness by 
     an independent third party with expertise in aircraft and 
     aircraft engine certification before final acceptance.

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

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

     ``Sec. 575. Acquisition program baseline breach

       ``(a) In General.--The Commandant shall submit a report to 
     the appropriate congressional committees and the Committee on 
     Homeland Security of the House of Representatives as soon as 
     possible, but not later than 30 days, after the Chief 
     Acquisition Officer of the Coast Guard becomes aware of the 
     breach of an acquisition program baseline for any Level 1 or 
     Level 2 acquisition program, by--
       ``(1) a likely cost overrun greater than 15 percent of the 
     acquisition program baseline for that individual capability 
     or asset or a class of capabilities or assets;
       ``(2) a likely delay of more than 180 days in the delivery 
     schedule for any individual capability or asset or class of 
     capabilities or assets; or
       ``(3) an anticipated failure for any individual capability 
     or asset or class of capabilities or assets to satisfy any 
     key performance threshold or parameter under the acquisition 
     program baseline.
       ``(b) Content.--The report submitted under subsection (a) 
     shall include--
       ``(1) a detailed description of the breach and an 
     explanation of its cause;
       ``(2) the projected impact to performance, cost, and 
     schedule;
       ``(3) an updated acquisition program baseline and the 
     complete history of changes to the original acquisition 
     program baseline;

[[Page 16878]]

       ``(4) the updated acquisition schedule and the complete 
     history of changes to the original schedule;
       ``(5) a full life-cycle cost analysis for the capability or 
     asset or class of capabilities or assets;
       ``(6) a remediation plan identifying corrective actions and 
     any resulting issues or risks; and
       ``(7) a description of how progress in the remediation plan 
     will be measured and monitored.
       ``(c) Substantial Variances in Costs or Schedule.--If a 
     likely cost overrun is greater than 20 percent or a likely 
     delay is greater than 12 months from the costs and schedule 
     described in the acquisition program baseline for any Level 1 
     or Level 2 acquisition project or program of the Coast Guard, 
     the Commandant shall include in the report a written 
     certification, with a supporting explanation, that--
       ``(1) the capability or asset or capability or asset class 
     to be acquired under the project or program is essential to 
     the accomplishment of Coast Guard missions;
       ``(2) there are no alternatives to such capability or asset 
     or capability or asset class that will provide equal or 
     greater capability in both a more cost-effective and timely 
     manner;
       ``(3) the new acquisition schedule and estimates for total 
     acquisition cost are reasonable; and
       ``(4) the management structure for the acquisition program 
     is adequate to manage and control performance, cost, and 
     schedule.

     ``Sec. 576. Acquisition approval authority

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

                     ``SUBCHAPTER III--DEFINITIONS

     ``Sec. 581. Definitions

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

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

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

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

     SEC. 403. NATIONAL SECURITY CUTTERS.

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

     SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

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

                   TITLE V--COAST GUARD MODERNIZATION

     SEC. 501. SHORT TITLE.

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

                   Subtitle A--Coast Guard Leadership

     SEC. 511. VICE ADMIRALS.

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

     ``Sec. 50. Vice admirals

       ``(a)(1) The President may designate no more than 4 
     positions of importance and responsibility that shall be held 
     by officers who--
       ``(A) while so serving, shall have the grade of vice 
     admiral, with the pay and allowances of that grade; and
       ``(B) shall perform such duties as the Commandant may 
     prescribe.
       ``(2) The President may appoint, by and with the advice and 
     consent of the Senate, and reappoint, by and with the advice 
     and consent of the Senate, to any such position an officer of 
     the Coast Guard who is serving on active duty above the grade 
     of captain. The Commandant shall make recommendations for 
     such appointments.
       ``(3) (A) Except as provided in subparagraph (B), one of 
     the vice admirals designated under paragraph (1) must have at

[[Page 16879]]

     least 10 years experience in vessel inspection, marine 
     casualty investigations, mariner licensing, or an equivalent 
     technical expertise in the design and construction of 
     commercial vessels, with at least 4 years of leadership 
     experience at a staff or unit carrying out marine safety 
     functions and shall serve as the principal advisor to the 
     Commandant on these issues.
       ``(B) The requirements of subparagraph (A) do not apply to 
     such vice admiral if the subordinate officer serving in the 
     grade of rear admiral with responsibilities for marine 
     safety, security, and stewrdship possesses that experience.
       ``(b)(1) The appointment and the grade of vice admiral 
     shall be effective on the date the officer assumes that duty 
     and, except as provided in paragraph (2) of this subsection 
     or in section 51(d) of this title, shall terminate on the 
     date the officer is detached from that duty.
       ``(2) An officer who is appointed to a position designated 
     under subsection (a) shall continue to hold the grade of vice 
     admiral--
       ``(A) while under orders transferring the officer to 
     another position designated under subsection (a), beginning 
     on the date the officer is detached from that duty and 
     terminating on the date before the day the officer assumes 
     the subsequent duty, but not for more than 60 days;
       ``(B) while hospitalized, beginning on the day of the 
     hospitalization and ending on the day the officer is 
     discharged from the hospital, but not for more than 180 days; 
     and
       ``(C) while awaiting retirement, beginning on the date the 
     officer is detached from duty and ending on the day before 
     the officer's retirement, but not for more than 60 days.
       ``(c)(1) An appointment of an officer under subsection (a) 
     does not vacate the permanent grade held by the officer.
       ``(2) An officer serving in a grade above rear admiral who 
     holds the permanent grade of rear admiral (lower half) shall 
     be considered for promotion to the permanent grade of rear 
     admiral as if the officer was serving in the officer's 
     permanent grade.
       ``(d) Whenever a vacancy occurs in a position designated 
     under subsection (a), the Commandant shall inform the 
     President of the qualifications needed by an officer serving 
     in that position or office to carry out effectively the 
     duties and responsibilities of that position or office.''.
       (b) Repeal.--Section 50a of such title is repealed.
       (c) Conforming Amendments.--Section 51 of such title is 
     amended--
       (1) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) An officer, other than the Commandant, who, while 
     serving in the grade of vice admiral, is retired for physical 
     disability shall be placed on the retired list with the 
     highest grade in which that officer served.
       ``(b) An officer, other than the Commandant, who is retired 
     while serving in the grade of vice admiral, or who, after 
     serving at least 2\1/2\ years in the grade of vice admiral, 
     is retired while serving in a lower grade, may in the 
     discretion of the President, be retired with the highest 
     grade in which that officer served.
       ``(c) An officer, other than the Commandant, who, after 
     serving less than 2\1/2\ years in the grade of vice admiral, 
     is retired while serving in a lower grade, shall be retired 
     in his permanent grade.''; and
       (2) by striking ``Area Commander, or Chief of Staff'' in 
     subsection (d)(2) and inserting ``or Vice Admiral''.
       (d) Continuity of Grade.--Section 52 of title 14, United 
     States Code, is amended by inserting ``or admiral'' after 
     ``vice admiral'' the first place it appears.
       (e) Continuation on Active Duty.--The second sentence of 
     section 290(a) of title 14, United States Code, is amended to 
     read as follows: ``Officers, other than the Commandant, 
     serving for the time being or who have served in the grade of 
     vice admiral are not subject to consideration for 
     continuation under this subsection, and as to all other 
     provisions of this section shall be considered as having been 
     continued at the grade of rear admiral.''.
       (f) Clerical Amendments.--
       (1) The section caption for section 47 of such title is 
     amended to read as follows:

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

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

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

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

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

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

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

                    Subtitle B--Workforce Expertise

     SEC. 521. PREVENTION AND RESPONSE STAFF.

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

     ``Sec. 57. Prevention and response workforces

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

[[Page 16880]]

     letter of qualification for the type being certified.
       ``(h) Sector Chief of Response.--There shall be in each 
     Coast Guard sector a Chief of Response who shall be at least 
     a Lieutenant Commander or civilian employee within the grade 
     GS-13 of the General Schedule in each Coast Guard sector.

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

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

     ``Sec. 59. Marine industry training program

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

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

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

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

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

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

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

     SEC. 523. POWERS AND DUTIES.

       Section 93 of title 14, United States Code, is amended by 
     adding at the end the following new subsections:
       ``(c) Marine Safety Responsibilities.--In exercising the 
     Commandant's duties and responsibilities with regard to 
     marine safety, the individual with the highest rank who meets 
     the experience qualifications set forth in section 50(a)(3) 
     shall serve as the principal advisor to the Commandant 
     regarding--
       ``(1) the operation, regulation, inspection, 
     identification, manning, and measurement of vessels, 
     including plan approval and the application of load lines;
       ``(2) approval of materials, equipment, appliances, and 
     associated equipment;
       ``(3) the reporting and investigation of marine casualties 
     and accidents;
       ``(4) the licensing, certification, documentation, 
     protection and relief of merchant seamen;
       ``(5) suspension and revocation of licenses and 
     certificates;
       ``(6) enforcement of manning requirements, citizenship 
     requirements, control of log books;
       ``(7) documentation and numbering of vessels;
       ``(8) State boating safety programs;
       ``(9) commercial instruments and maritime liens;
       ``(10) the administration of bridge safety;

[[Page 16881]]

       ``(11) administration of the navigation rules;
       ``(12) the prevention of pollution from vessels;
       ``(13) ports and waterways safety;
       ``(14) waterways management; including regulation for 
     regattas and marine parades;
       ``(15) aids to navigation; and
       ``(16) other duties and powers of the Secretary related to 
     marine safety and stewardship.
       ``(d) Other Authority Not Affected.--Nothing in subsection 
     (c) affects--
       ``(1) the authority of Coast Guard officers and members to 
     enforce marine safety regulations using authority under 
     section 89 of this title; or
       ``(2) the exercise of authority under section 91 of this 
     title and the provisions of law codified at sections 191 
     through 195 of title 50 on the date of enactment of this 
     paragraph.''.

     SEC. 524. APPEALS AND WAIVERS.

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

     ``Sec. 102. Appeals and waivers

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

``102. Appeals and waivers.''.

     SEC. 525. COAST GUARD ACADEMY.

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

     ``Sec. 200. Marine safety curriculum

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

``200. Marine safety curriculum.''.

     SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPECTORS.

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

                        TITLE VI--MARINE SAFETY

     SEC. 601. SHORT TITLE.

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

     SEC. 602. VESSEL SIZE LIMITS.

       (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) 
     of title 46, United States Code, is amended--
       (1) by inserting ``and'' after the semicolon at the end of 
     subparagraph (A)(i);
       (2) by striking ``and'' at the end of subparagraph (A)(ii);
       (3) by striking subparagraph (A)(iii);
       (4) by striking the period at the end of subparagraph (B) 
     and inserting a semicolon; and
       (5) by inserting at the end the following:
       ``(C) the vessel is either a rebuilt vessel or a 
     replacement vessel under section 208(g) of the American 
     Fisheries Act (title II of division C of Public Law 105-277; 
     112 Stat. 2681-627) and is eligible for a fishery endorsement 
     under this section; or
       ``(D) the vessel is a fish tender vessel that is not 
     engaged in the harvesting or processing of fish.''.
       (b) Conforming Amendments.--
       (1) Vessel rebuilding and replacement.--Section 208(g) of 
     the American Fisheries Act (title II of division C of Public 
     Law 105-277; 112 Stat. 2681-627) is amended to read as 
     follows:
       ``(g) Vessel Rebuilding and Replacement.--
       ``(1) In general.--
       ``(A) Rebuild or replace.--Notwithstanding any limitation 
     to the contrary on replacing, rebuilding, or lengthening 
     vessels or transferring permits or licenses to a replacement 
     vessel contained in sections 679.2 and 679.4 of title 50, 
     Code of Federal Regulations, as in effect on the date of 
     enactment of the Coast Guard Authorization Act of 2010 and 
     except as provided in paragraph (4), the owner of a vessel 
     eligible under subsection (a), (b), (c), (d), or (e), in 
     order to improve vessel safety and operational efficiencies 
     (including fuel efficiency), may rebuild or replace that 
     vessel (including fuel efficiency) with a vessel documented 
     with a fishery endorsement under section 12113 of title 46, 
     United States Code.
       ``(B) Same requirements.--The rebuilt or replacement vessel 
     shall be eligible in the same manner and subject to the same 
     restrictions and limitations under such subsection as the 
     vessel being rebuilt or replaced.
       ``(C) Transfer of permits and licenses.--Each fishing 
     permit and license held by the owner of a vessel or vessels 
     to be rebuilt or replaced under subparagraph (A) shall be 
     transferred to the rebuilt or replacement vessel or its 
     owner, as necessary to permit such rebuilt or replacement 
     vessel to operate in the same manner as the vessel prior to 
     the rebuilding or the vessel it replaced, respectively.
       ``(2) Recommendations of north pacific fishery management 
     council.--The North Pacific Fishery Management Council may 
     recommend for approval by the Secretary such conservation and 
     management measures, including size limits and measures to 
     control fishing capacity, in accordance with the Magnuson-
     Stevens Act as it considers necessary to ensure that this 
     subsection does not diminish the effectiveness of fishery 
     management plans of the Bering Sea and Aleutian Islands 
     Management Area or the Gulf of Alaska.
       ``(3) Special rule for replacement of certain vessels.--
       ``(A) In general.--Notwithstanding the requirements of 
     subsections (b)(2), (c)(1), and (c)(2) of section 12113 of 
     title 46, United States Code, a vessel that is eligible under 
     subsection (a), (b), (c), or (e) and that qualifies to be 
     documented with a fishery endorsement pursuant to section 
     213(g) may be replaced with a replacement vessel under 
     paragraph (1) if the vessel that is replaced is validly 
     documented with a fishery endorsement pursuant to section 
     213(g) before the replacement vessel is documented with a 
     fishery endorsement under section 12113 of title 46, United 
     States Code.
       ``(B) Applicability.--A replacement vessel under 
     subparagraph (A) and its owner and mortgagee are subject to 
     the same limitations under section 213(g) that are applicable 
     to the vessel that has been replaced and its owner and 
     mortgagee.
       ``(4) Special rules for certain catcher vessels.--
       ``(A) In general.--A replacement for a covered vessel 
     described in subparagraph (B) is prohibited from harvesting 
     fish in any fishery (except for the Pacific whiting fishery) 
     managed under the authority of any Regional Fishery 
     Management Council (other than the North Pacific Fishery 
     Management Council) established under section 302(a) of the 
     Magnuson-Stevens Act.
       ``(B) Covered vessels.--A covered vessel referred to in 
     subparagraph (A) is--
       ``(i) a vessel eligible under subsection (a), (b), or (c) 
     that is replaced under paragraph (1); or
       ``(ii) a vessel eligible under subsection (a), (b), or (c) 
     that is rebuilt to increase its registered length, gross 
     tonnage, or shaft horsepower.
       ``(5) Limitation on fishery endorsements.--Any vessel that 
     is replaced under this subsection shall thereafter not be 
     eligible for a fishery endorsement under section 12113 of 
     title 46, United States Code, unless that vessel is also a 
     replacement vessel described in paragraph (1).
       ``(6) Gulf of alaska limitation.--Notwithstanding paragraph 
     (1), the Secretary shall prohibit from participation in the 
     groundfish fisheries of the Gulf of Alaska any vessel that is 
     rebuilt or replaced under this subsection and that exceeds 
     the maximum length overall specified on the license that 
     authorizes fishing for groundfish pursuant to the license 
     limitation program under part 679 of title 50, Code of 
     Federal Regulations, as in effect on the date of enactment of 
     the Coast Guard Authorization Act of 2010.
       ``(7) Authority of pacific council.--Nothing in this 
     section shall be construed to diminish or otherwise affect 
     the authority of the Pacific Council to recommend to the 
     Secretary conservation and management measures to protect 
     fisheries under its jurisdiction (including the Pacific 
     whiting fishery) and participants in such fisheries from 
     adverse impacts caused by this Act.''.
       (2) Repeal of exemption of certain vessels.--Section 203(g) 
     of the American Fisheries Act (title II of division C of 
     Public Law 105-277; 112 Stat. 2681-620) is repealed.
       (3) Fishery cooperative exit provisions.--Section 210(b) of 
     the American Fisheries Act (title II of division C of Public 
     Law 105-277; 112 Stat. 2681-629) is amended--
       (A) by moving the matter beginning with ``the Secretary 
     shall'' in paragraph (1) 2 ems to the right; and
       (B) by adding at the end the following:
       ``(7) Fishery cooperative exit provisions.--
       ``(A) Fishing allowance determination.--For purposes of 
     determining the aggregate

[[Page 16882]]

     percentage of directed fishing allowances under paragraph 
     (1), when a catcher vessel is removed from the directed 
     pollock fishery, the fishery allowance for pollock for the 
     vessel being removed--
       ``(i) shall be based on the catch history determination for 
     the vessel made pursuant to section 679.62 of title 50, Code 
     of Federal Regulations, as in effect on the date of enactment 
     of the Coast Guard Authorization Act of 2010; and
       ``(ii) shall be assigned, for all purposes under this 
     title, in the manner specified by the owner of the vessel 
     being removed to any other catcher vessel or among other 
     catcher vessels participating in the fishery cooperative if 
     such vessel or vessels remain in the fishery cooperative for 
     at least one year after the date on which the vessel being 
     removed leaves the directed pollock fishery.
       ``(B) Eligibility for fishery endorsement.--Except as 
     provided in subparagraph (C), a vessel that is removed 
     pursuant to this paragraph shall be permanently ineligible 
     for a fishery endorsement, and any claim (including relating 
     to catch history) associated with such vessel that could 
     qualify any owner of such vessel for any permit to 
     participate in any fishery within the exclusive economic zone 
     of the United States shall be extinguished, unless such 
     removed vessel is thereafter designated to replace a vessel 
     to be removed pursuant to this paragraph.
       ``(C) Limitations on statutory construction.--Nothing in 
     this paragraph shall be construed--
       ``(i) to make the vessels AJ (United States official number 
     905625), DONA MARTITA (United States official number 651751), 
     NORDIC EXPLORER (United States official number 678234), and 
     PROVIDIAN (United States official number 1062183) ineligible 
     for a fishery endorsement or any permit necessary to 
     participate in any fishery under the authority of the New 
     England Fishery Management Council or the Mid-Atlantic 
     Fishery Management Council established, respectively, under 
     subparagraphs (A) and (B) of section 302(a)(1) of the 
     Magnuson-Stevens Act; or
       ``(ii) to allow the vessels referred to in clause (i) to 
     participate in any fishery under the authority of the 
     Councils referred to in clause (i) in any manner that is not 
     consistent with the fishery management plan for the fishery 
     developed by the Councils under section 303 of the Magnuson-
     Stevens Act.''.

     SEC. 603. COLD WEATHER SURVIVAL TRAINING.

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

     SEC. 604. FISHING VESSEL SAFETY.

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

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

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

[[Page 16883]]

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

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

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

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

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

     SEC. 605. MARINER RECORDS.

       Section 7502 of title 46, United States Code, is amended--
       (1) by inserting ``(a)'' before ``The'';
       (2) by striking ``computerized records'' and inserting 
     ``records, including electronic records,''; and
       (3) by adding at the end the following:
       ``(b) The Secretary may prescribe regulations requiring a 
     vessel owner or managing operator of a commercial vessel, or 
     the employer of a seaman on that vessel, to maintain records 
     of each individual engaged on the vessel subject to 
     inspection under chapter 33 on matters of engagement, 
     discharge, and service for not less than 5 years after the 
     date of the completion of the service of that individual on 
     the vessel. The regulations may require that a vessel owner, 
     managing operator, or employer shall make these records 
     available to the individual and the Coast Guard on request.
       ``(c) A person violating this section, or a regulation 
     prescribed under this section, is liable to the United States 
     Government for a civil penalty of not more than $5,000.''.

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

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

     SEC. 607. LOG BOOKS.

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

     ``Sec. 11304. Additional logbook and entry requirements

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

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

     SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS.

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

     ``Sec. 2117. Termination for unsafe operation

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

     ``Sec. 2118. Establishment of equipment standards

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

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

[[Page 16884]]



     SEC. 609. APPROVAL OF SURVIVAL CRAFT.

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

     ``Sec. 3104. Survival craft

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

``3104. Survival craft.''.

     SEC. 610. SAFETY MANAGEMENT.

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

     SEC. 611. PROTECTION AGAINST DISCRIMINATION.

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

     SEC. 612. OIL FUEL TANK PROTECTION.

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

     SEC. 613. OATHS.

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

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

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

     ``Sec. 7106. Duration of licenses

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

     ``Sec. 7107. Duration of certificates of registry

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

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

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

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

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

[[Page 16885]]

     or natural disaster, as deemed necessary by the Secretary; or
       ``(2) issue for not more than five years an expiring 
     merchant mariner's document issued for an individual under 
     chapter 73 for the exclusive purpose of aligning the 
     expiration date of such merchant mariner's document with the 
     expiration date of a merchant mariner's document.
       ``(c) Manner of Extension.--Any extensions granted under 
     this section may be granted to individual seamen or a 
     specifically identified group of seamen.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

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

     SEC. 616. MERCHANT MARINER ASSISTANCE REPORT.

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

     SEC. 617. OFFSHORE SUPPLY VESSELS.

       (a) Removal of Tonnage Limits.--
       (1) Definition.--
       (A) In general.--Section 2101(19) of title 46, United 
     States Code, is amended by striking ``of more than 15 gross 
     tons but less than 500 gross tons as measured under section 
     14502 of this title, or an alternate tonnage measured under 
     section 14302 of this title as prescribed by the Secretary 
     under section 14104 of this title''.
       (B) Exemption.--Section 5209(b)(1) of the Oceans Act of 
     1992 (Public Law 102-587; 46 U.S.C. 2101 note) is amended by 
     striking ``vessel.'' and inserting ``vessel of less than 500 
     gross tons as measured under section 14502, or an alternate 
     tonnage measured under section 14302 of such title as 
     prescribed by the Secretary under section 14104 of such 
     title.''.
       (2) Application.--Section 3702(b) of title 46, United 
     States Code, is amended by striking paragraph (1) and 
     redesignating paragraphs (2) and (3) as paragraphs (1) and 
     (2), respectively.
       (b) Scale of Employment: Able Seamen.--Section 7312(d) of 
     title 46, United States Code, is amended to read as follows:
       ``(d) Individuals Qualified as Able Seamen.--Offshore 
     supply vessel under section 7310 of this title may constitute 
     all of the able seamen required on board a vessel of less 
     than 500 gross tons as measured under section 14502 of this 
     title or 6,000 gross tons as measured under section 14302 of 
     this title engaged in support of exploration, exploitation, 
     or production of offshore mineral or energy resources. 
     Individuals qualified as able seamen--limited under section 
     7308 of this title may constitute all of the able seamen 
     required on board a vessel of at least 500 gross tons as 
     measured under section 14502 of this title or 6,000 gross 
     tons as measured under section as measured under section 
     14302 of this title as prescribed by the Secretary under 
     section 14104 of this title engaged in support of 
     exploration, exploitation, or production of offshore mineral 
     or energy resources.''.
       (c) Minimum Number of Licensed Individuals.--Section 
     8301(b) of title 46, United States Code, is amended to read 
     as follows:
       ``(b)(1) An offshore supply vessel of less than 500 gross 
     tons as measured under section 14502 of this title or 6,000 
     gross tons as measured under section 14302 of this title on a 
     voyage of less than 600 miles shall have a licensed mate. If 
     the vessel is on a voyage of at least 600 miles, however, the 
     vessel shall have 2 licensed mates.
       ``(2) An offshore supply vessel of at least 6,000 gross 
     tons as measured under section 14302 of this title on a 
     voyage of less than 600 miles shall have at least two 
     licensed mates, provided the offshore supply vessel meets the 
     requirements of section 8104(g)(2). An offshore supply vessel 
     of at least 6,000 gross tons as measured under section 14302 
     of this title on a voyage of at least 600 miles shall have 
     three licensed mates.
       ``(3) An offshore supply vessel of more than 200 gross tons 
     as measured under section 14502 of this title, or an 
     alternate tonnage measured under section 14302 of this title 
     as prescribed by the Secretary under section 14104 of this 
     title, may not be operated without a licensed engineer.''.
       (d) Watches.--Section 8104(g) of title 46, United States 
     Code, is amended--
       (1) by inserting ``(1)'' after ``(g)''; and
       (2) by adding at the end the following:
       ``(2) Paragraph (1) applies to an offshore supply vessel of 
     at least 6,000 gross tons as measured under section 14302 of 
     this title if the individuals engaged on the vessel are in 
     compliance with hours of service requirements (including 
     recording and recordkeeping of that service) as prescribed by 
     the Secretary.''.
       (e) Oil Fuel Tank Protection.--
       (1) Application.--An offshore supply vessel of at least 
     6,000 gross tons as measured under section 14302 of title 46, 
     United States Code, that is constructed under a contract 
     entered into after the date of enactment of this Act, or that 
     is delivered after August 1, 2010, with an aggregate capacity 
     of 600 cubic meters or more of oil fuel, shall comply with 
     the requirements of Regulation 12A under Annex I to the 
     Protocol of 1978 relating to the International Convention for 
     the Prevention of Pollution from Ships, 1973, entitled Oil 
     Fuel Tank Protection, regardless of whether such vessel is 
     engaged in the coastwise trade or on an international voyage.
       (2) Definition.--In this subsection the term ``oil fuel'' 
     means any oil used as fuel in connection with the propulsion 
     and auxiliary machinery of the vessel in which such oil is 
     carried.
       (f) Regulations.--
       (1) In general.--Not later than January 1, 2012, the 
     Secretary of the department in which the Coast Guard is 
     operating shall promulgate regulations to implement the 
     amendments and authorities enacted by this section for 
     offshore supply vessels of at least 6,000 gross tons as 
     measured under section 14302 of title 46, United States Code, 
     and to ensure the safe carriage of oil, hazardous substances, 
     and individuals in addition to the crew on such vessels. The 
     final rule issued pursuant to such rulemaking may supersede 
     the interim final rule promulgated under paragraph (2) of 
     this subsection. In promulgating regulations under this 
     subsection, the Secretary shall take into consideration the 
     characteristics of offshore supply vessels, their methods of 
     operation, and their service in support of exploration, 
     exploitation, or production of offshore mineral or energy 
     resources.
       (2) Interim final rule authority.--As soon as is 
     practicable and without regard to the provisions of chapters 
     5 and 6 of title 5, United States Code, the Secretary shall 
     issue an interim final rule as a temporary regulation 
     implementing this section (including the amendments made by 
     this section) for offshore supply vessels of at least 6,000 
     gross tons as measured under section 14302 of title 46, 
     United States Code, and to ensure the safe carriage of oil, 
     hazardous substances, and individuals in addition to the crew 
     on such vessels.
       (3) Interim period.--After the effective date of this Act, 
     prior to the effective date of the regulations prescribed by 
     paragraph (2) of this subsection, and without regard to the 
     provisions of chapters 5 and 6 of title 5, United States 
     Code, and the offshore supply vessel tonnage limits of 
     applicable regulations and policy guidance promulgated prior 
     to the date of enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating may--
       (A) issue a certificate of inspection under section 3309 of 
     title 46, United States Code, to an offshore supply vessel of 
     at least 6,000 gross tons as measured under section 14302 of 
     that title if the Secretary determines that such vessel's 
     arrangements and equipment meet the current Coast Guard 
     requirements for certification as a cargo and miscellaneous 
     vessel;
       (B) authorize a master, mate, or engineer who possesses an 
     ocean or near coastal license and endorsement under part 11 
     of subchapter B of title 46, Code of Federal Regulations, (or 
     any successor regulation) that qualifies the licensed officer 
     for service on offshore supply vessels of at least 3,000 
     gross tons but less than 6,000 gross tons, as measured under 
     section 14302 of title 46, United States Code, to operate 
     offshore supply vessels of at least 6,000 gross tons, as 
     measured under such section; and
       (C) authorize any such master, mate, or engineer who also 
     possesses an ocean or near coastal license and endorsement 
     under such part that qualifies the licensed officer for 
     service on non trade-restricted vessels of at least 1,600 
     gross tons but less than 3,000 gross tons, as measured under 
     such section, to increase the tonnage limitation of such 
     license and endorsement under section 402(c) of such part, 
     using service on vessels certificated under both subchapters 
     I and L of such title and measured only under such section, 
     except that such tonnage limitation shall not exceed 10,000 
     gross tons as measured under such section.

     SEC. 618. ASSOCIATED EQUIPMENT.

       Section 2101(1)(B) of title 46, United States Code, is 
     amended by inserting ``with the exception of emergency 
     locator beacons for recreational vessels operating beyond 3 
     nautical miles from the baselines from which

[[Page 16886]]

     the territorial sea of the United States is measured or 
     beyond 3 nautical miles from the coastline of the Great 
     Lake,'' before ``does''.

     SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS.

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

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

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

     SEC. 621. RENEWAL OF ADVISORY COMMITTEES.

       (a) Great Lakes Pilotage Advisory Committee.--Section 
     9307(f)(1) of title 46, United States Code, is amended by 
     striking ``September 30, 2010.'' and inserting ``September 
     30, 2020.''.
       (b) National Boating Safety Advisory Council.--Section 
     13110 of title 46, United States Code, is amended--
       (1) in subsection (d), by striking the first sentence; and
       (2) in subsection (e), by striking ``September 30, 2010.'' 
     and inserting ``September 30, 2020.''.
       (c) Houston-Galveston Navigation Safety Advisory 
     Committee.--Section 18(h) of the Coast Guard Authorization 
     Act of 1991 (Public Law 102-241 as amended by Public Law 104-
     324) is amended by striking ``September 30, 2010.'' and 
     inserting ``September 30, 2020.''.
       (d) Lower Mississippi River Waterway Safety Advisory 
     Committee.--Section 19 of the Coast Guard Authorization Act 
     of 1991 (Public Law 102-241) is amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``twenty-four'' and inserting ``twenty-five''; and
       (B) by adding at the end the following new paragraph:
       ``(12) One member representing the Associated Federal 
     Pilots and Docking Masters of Louisiana.''; and
       (2) in subsection (g), by striking ``September 30, 2010.'' 
     and inserting ``September 30, 2020.''.
       (e) Towing Safety Advisory Committee.--The Act entitled 
     ``An Act To establish a Towing Safety Advisory Committee in 
     the Department of Transportation'', approved October 6, 1980, 
     (33 U.S.C. 1231a) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) There is established a Towing Safety Advisory 
     Committee (hereinafter referred to as the `Committee'). The 
     Committee shall consist of eighteen members with particular 
     expertise, knowledge, and experience regarding shallow-draft 
     inland and coastal waterway navigation and towing safety as 
     follows:
       ``(1) Seven members representing the barge and towing 
     industry, reflecting a regional geographic balance.
       ``(2) One member representing the offshore mineral and oil 
     supply vessel industry.
       ``(3) One member representing holders of active licensed 
     Masters or Pilots of towing vessels with experience on the 
     Western Rivers and the Gulf Intracoastal Waterway.
       ``(4) One member representing the holders of active 
     licensed Masters of towing vessels in offshore service.
       ``(5) One member representing Masters who are active ship-
     docking or harbor towing vessel.
       ``(6) One member representing licensed or unlicensed towing 
     vessel engineers with formal training and experience.
       ``(7) Two members representing each of the following 
     groups:
       ``(A) Port districts, authorities, or terminal operators.
       ``(B) Shippers (of whom at least one shall be engaged in 
     the shipment of oil or hazardous materials by barge).
       ``(8) Two members representing the general public.''; and
       (2) in subsection (e), by striking ``September 30, 2010.'' 
     and inserting ``September 30, 2020.''.
       (f) Navigation Safety Advisory Council.--Section 5 of the 
     Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is 
     amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Establishment of Council.--
       ``(1) In general.--The Secretary of the department in which 
     the Coast Guard is operating shall establish a Navigation 
     Safety Advisory Council (hereinafter referred to as the 
     `Council'), consisting of not more than 21 members. All 
     members shall have expertise in Inland and International 
     vessel navigation Rules of the Road, aids to maritime 
     navigation, maritime law, vessel safety, port safety, or 
     commercial diving safety. Upon appointment, all non-Federal 
     members shall be designated as representative members to 
     represent the viewpoints and interests of one of the 
     following groups or organizations:
       ``(A) Commercial vessel owners or operators.
       ``(B) Professional mariners.
       ``(C) Recreational boaters.
       ``(D) The recreational boating industry.
       ``(E) State agencies responsible for vessel or port safety.
       ``(F) The Maritime Law Association.
       ``(2) Panels.--Additional persons may be appointed to 
     panels of the Council to assist the Council in performance of 
     its functions.
       ``(3) Nominations.--The Secretary, through the Coast Guard 
     Commandant, shall not less often than once a year publish a 
     notice in the Federal Register soliciting nominations for 
     membership on the Council.
       ``(b) Functions.--The Council shall advise, consult with, 
     and make recommendations to the Secretary, through the Coast 
     Guard Commandant, on matters relating to maritime collisions, 
     rammings, groundings, Inland Rules of the Road, International 
     Rules of the Road, navigation regulations and equipment, 
     routing measures, marine information, diving safety, and aids 
     to navigation systems. Any advice and recommendations made by 
     the Council to the Secretary shall reflect the independent 
     judgment of the Council on the matter concerned. The Council 
     shall meet at the call of the Coast Guard Commandant, but in 
     any event not less than twice during each calendar year. All 
     proceedings of the Council shall be public, and a record of 
     the proceedings shall be made available for public 
     inspection.''; and
       (2) in subsection (d), by striking ``September 30, 2010.'' 
     and inserting ``September 30, 2020.''.
       (g) Delaware River and Bay Oil Spill Advisory Committee.--
       (1) In general.--Section 607 of the Coast Guard and 
     Maritime Transportation Act of 2006 (Public Law 109-241; 120 
     Stat. 556) is amended--
       (A) in subsection (c)(2), by striking ``Not later than 18 
     months after the date that the Commandant completes 
     appointment of the members of the Committee,'' and inserting 
     ``Not later than December 31, 2010,'';
       (B) in subsection (h), by striking ``2007'' and inserting 
     ``2011''; and
       (C) by striking subsection (i) and inserting the following:
       ``(i) Termination.--The Committee shall terminate 30 days 
     after it transmits its report, pursuant to subsection (c)(2), 
     but no later than December 31, 2010, whichever is earlier.''.
       (2) Effective date.--The amendments made by this subsection 
     are deemed to have taken effect as if they were enacted on 
     July 11, 2006.
       (3) Charter.--Any charter pertaining to the Delaware River 
     and Bay Oil Spill Advisory Committee is deemed not to have 
     lapsed, and to have remained in effect, and, notwithstanding 
     any other provision of law or policy, shall terminate 30 days 
     after the date the Committee transmits its report, pursuant 
     to section 607(c)(2) of the Coast Guard and Maritime 
     Transportation Act of 2006 (Public Law 109-241; 120 Stat. 
     557), but

[[Page 16887]]

     not later than December 31, 2010, whichever is earlier.
       (4) Appointments to committee.--Any appointment to the 
     Delaware River and Bay Oil Spill Advisory Committee is deemed 
     not to have lapsed, and to have remained in effect, and, 
     notwithstanding any other provision of law or policy, shall 
     terminate 30 days after the Committee transmits its report, 
     pursuant to section 607(c)(2) of the Coast Guard and Maritime 
     Transportation Act of 2006 (Public Law 109-241; 120 Stat. 
     557), but not later than December 31, 2010, whichever is 
     earlier.

     SEC. 622. DELEGATION OF AUTHORITY.

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

                  TITLE VII--OIL POLLUTION PREVENTION

     SEC. 701. RULEMAKINGS.

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

     SEC. 702. OIL TRANSFERS FROM VESSELS.

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

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

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

[[Page 16888]]

       (C) A court may allow data it has decided is discoverable 
     under this paragraph to be admitted into evidence in a 
     judicial proceeding only if the court places the data under 
     seal to prevent the use of the data for a purpose other than 
     for the proceeding.
       (3) Application.--Paragraph (1) shall not apply to--
       (A) any disclosure made with actual knowledge that the 
     disclosure was false, inaccurate, or misleading; or
       (B) any disclosure made with reckless disregard as to the 
     truth or falsity of that disclosure.
       (e) Restriction on Use of Data.--Data that is voluntarily 
     submitted for the purpose of the study required under 
     subsection (a) shall not be used in an administrative action 
     under chapter 77 of title 46, United States Code.

     SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

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

     SEC. 705. PREVENTION OF SMALL OIL SPILLS.

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

     SEC. 706. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

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

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

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

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

       (a) In General.--Section 1012(a)(5) of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2712(a)(5)) is amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following:
       ``(B) not more than $15,000,000 in each fiscal year shall 
     be available to the Under Secretary of Commerce for Oceans 
     and Atmosphere for expenses incurred by, and activities 
     related to, response and damage assessment capabilities of 
     the National Oceanic and Atmospheric Administration;''.
       (b) Audits; Annual Reports.--Section 1012 of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2712) is amended--
       (1) by striking subsection (g) and inserting the following:
       ``(g) Audits.--
       ``(1) In general.--The Comptroller General of the United 
     States shall conduct an audit, including a detailed 
     accounting of each disbursement from the Fund in excess of 
     $500,000 that is--
       ``(A) disbursed by the National Pollution Fund Center and 
     not reimbursed by the responsible party; and
       ``(B) administered and managed by the receiving Federal 
     agencies, including final payments made to agencies and 
     contractors and, to the extent possible, subcontractors.
       ``(2) Frequency.--The audits shall be conducted--
       ``(A) at least once every 3 years after the date of 
     enactment of the Coast Guard Authorization Act of 2010 until 
     2016; and
       ``(B) at least once every 5 years after the last audit 
     conducted under subparagraph (A).
       ``(3) Submission of results.--The Comptroller shall submit 
     the results of each audit conducted under paragraph (1) to--
       ``(A) the Senate Committee on Commerce, Science, and 
     Transportation;
       ``(B) the House of Representatives Committee on 
     Transportation and Infrastructure; and
       ``(C) the Secretary or Administrator of each agency 
     referred to in paragraph (1)(B).''; and
       (2) by adding at the end thereof the following:

[[Page 16889]]

       ``(l) Reports.--
       ``(1) In general.--Within one year after the date of 
     enactment of the Coast Guard Authorization Act of 2010, and 
     annually thereafter, the President, through the Secretary of 
     the Department in which the Coast Guard is operating, shall--
       ``(A) provide a report on disbursements for the preceding 
     fiscal year from the Fund, regardless of whether those 
     disbursements were subject to annual appropriations, to--
       ``(i) the Senate Committee on Commerce, Science, and 
     Transportation; and
       ``(ii) the House of Representatives Committee on 
     Transportation and Infrastructure: and
       ``(B) make the report available to the public on the 
     National Pollution Funds Center Internet website.
       ``(2) Contents.--The report shall include--
       ``(A) a list of each disbursement of $250,000 or more from 
     the Fund during the preceding fiscal year; and
       ``(B) a description of how each such use of the Fund meets 
     the requirements of subsection (a).
       ``(3) Agency recordkeeping.--Each Federal agency that 
     receives amounts from the Fund shall maintain records 
     describing the purposes for which such funds were obligated 
     or expended in such detail as the Secretary may require for 
     purposes of the report required under paragraph (1).''.

     SEC. 709. INTERNATIONAL EFFORTS ON ENFORCEMENT.

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

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

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

     SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS.

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

     SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY.

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

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

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

                       TITLE VIII--PORT SECURITY

     SEC. 801. AMERICA'S WATERWAY WATCH PROGRAM.

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

[[Page 16890]]



     ``Sec. 70122. Waterway watch program

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

``70122. Waterway watch program.''.

     SEC. 802. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

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

     SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY.

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

     SEC. 804. DEPLOYABLE, SPECIALIZED FORCES.

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

     ``Sec. 70106. Deployable, specialized forces

       ``(a) Establishment.--
       ``(1) In general.--To enhance the domestic maritime 
     security capability of the United States, the Secretary shall 
     establish deployable specialized forces of varying 
     capabilities as are needed to safeguard the public and 
     protect vessels, harbors, ports, facilities, and cargo in 
     waters subject to the jurisdiction of the United States from 
     destruction, loss or injury from crime, or sabotage due to 
     terrorist activity, and to respond to such activity in 
     accordance with the transportation security plans developed 
     under section 70103.
       ``(2) Enhanced teams.--Such specialized forces shall 
     include no less than two enhanced teams to serve as 
     deployable forces capable of combating terrorism, engaging in 
     interdiction, law enforcement, and advanced tactical maritime 
     security operations to address known or potentially armed 
     security threats (including non-compliant actors at sea), and 
     participating in homeland security, homeland defense, and 
     counterterrorism exercises in the maritime environment.
       ``(b) Mission.--The combined force of the specialized 
     forces established under subsection (a) shall be trained, 
     equipped, and capable of being deployed to--
       ``(1) deter, protect against, and rapidly respond to 
     threats of maritime terrorism;
       ``(2) conduct maritime operations to protect against and 
     disrupt illegal use, access to, or proliferation of weapons 
     of mass destruction;
       ``(3) enforce moving or fixed safety or security zones 
     established pursuant to law;
       ``(4) conduct high speed intercepts;
       ``(5) board, search, and seize any article or thing on or 
     at, respectively, a vessel or facility found to present a 
     risk to the vessel or facility, or to a port;
       ``(6) rapidly deploy to supplement United States armed 
     forces domestically or overseas;
       ``(7) respond to criminal or terrorist acts so as to 
     minimize, insofar as possible, the disruption caused by such 
     acts;
       ``(8) assist with facility vulnerability assessments 
     required under this chapter; and
       ``(9) carry out any other missions of the Coast Guard as 
     are assigned to it by the Secretary.
       ``(c) Minimization of Response Times.--The enhanced teams 
     established under subsection (a)(2) shall, to the extent 
     practicable, be stationed in such a way so as to minimize the 
     response time to maritime terrorist threats and potential or 
     actual transportation security incidents.
       ``(d) Coordination With Other Agencies.--To the maximum 
     extent feasible, the combined force of the specialized forces 
     established under subsection (a) shall coordinate their 
     activities with other Federal, State, and local law 
     enforcement and emergency response agencies.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     701 of title 46, United States Code, is amended by striking 
     the item relating to section 70106 and inserting the 
     following:

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

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

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

[[Page 16891]]

     with the Security and Accountability For Every Port Act of 
     2006 (Public Law 109-347).

     SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM.

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

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

     SEC. 807. MARITIME BIOMETRIC IDENTIFICATION.

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

     ``Sec. 70123. Mobile biometric identification

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

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

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

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

     SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS.

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

     SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES.

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

[[Page 16892]]

     organizations, and other users of the port areas.''; and
       (2) in subsection (g)--
       (A) in paragraph (1)(A), by striking ``2008;'' and 
     inserting ``2020;''; and
       (B) in paragraph (2), by striking ``2006'' and inserting 
     ``2018''.

     SEC. 811. SEAMEN'S SHORESIDE ACCESS.

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

     SEC. 812. WATERSIDE SECURITY OF ESPECIALLY HAZARDOUS CARGO.

       (a) National Study.--
       (1) In general.--The Secretary of the department in which 
     the Coast Guard is operating shall--
       (A) initiate a national study to identify measures to 
     improve the security of maritime transportation of especially 
     hazardous cargo; and
       (B) coordinate with other Federal agencies, the National 
     Maritime Security Advisory Committee, and appropriate State 
     and local government officials through the Area Maritime 
     Security Committees and other existing coordinating 
     committees, to evaluate the waterside security of vessels 
     carrying, and waterfront facilities handling, especially 
     hazardous cargo.
       (2) Matters to be included.--The study conducted under this 
     subsection shall include--
       (A) an analysis of existing risk assessment information 
     relating to waterside security generated by the Coast Guard 
     and Area Maritime Security Committees as part of the Maritime 
     Security Risk Analysis Model;
       (B) a review and analysis of appropriate roles and 
     responsibilities of maritime stakeholders, including Federal, 
     State, and local law enforcement and industry security 
     personnel, responsible for waterside security of vessels 
     carrying, and waterfront facilities handling, especially 
     hazardous cargo, including--
       (i) the number of ports in which State and local law 
     enforcement entities are providing any services to enforce 
     Coast Guard-imposed security zones around vessels transiting 
     to, through, or from United States ports or to conduct 
     security patrols in United States ports;
       (ii) the number of formal agreements entered into between 
     the Coast Guard and State and local law enforcement entities 
     to engage State and local law enforcement entities in the 
     enforcement of Coast Guard-imposed security zones around 
     vessels transiting to, through, or from United States ports 
     or the conduct of port security patrols in United States 
     ports, the duration of those agreements, and the aid that 
     State and local entities are engaged to provide through such 
     agreements;
       (iii) the extent to which the Coast Guard has set national 
     standards for training, equipment, and resources to ensure 
     that State and local law enforcement entities engaged in 
     enforcing Coast Guard-imposed security zones around vessels 
     transiting to, through, or from United States ports or in 
     conducting port security patrols in United States ports (or 
     both) can deter to the maximum extent practicable a 
     transportation security incident;
       (iv) the extent to which the Coast Guard has assessed the 
     ability of State and local law enforcement entities to carry 
     out the security assignments that they have been engaged to 
     perform, including their ability to meet any national 
     standards for training, equipment, and resources that have 
     been established by the Coast Guard in order to ensure that 
     those entities can deter to the maximum extent practicable a 
     transportation security incident;
       (v) the extent to which State and local law enforcement 
     entities are able to meet national standards for training, 
     equipment, and resources established by the Coast Guard to 
     ensure that those entities can deter to the maximum extent 
     practicable a transportation security incident;
       (vi) the differences in law enforcement authority, and 
     particularly boarding authority, between the Coast Guard and 
     State and local law enforcement entities, and the impact that 
     these differences have on the ability of State and local law 
     enforcement entities to provide the same level of security 
     that the Coast Guard provides during the enforcement of Coast 
     Guard-imposed security zones and the conduct of security 
     patrols in United States ports; and
       (vii) the extent of resource, training, and equipment 
     differences between State and local law enforcement entities 
     and the Coast Guard units engaged in enforcing Coast Guard-
     imposed security zones around vessels transiting to, through, 
     or from United States ports or conducting security patrols in 
     United States ports;
       (C) recommendations for risk-based security measures to 
     improve waterside security of vessels carrying, and 
     waterfront facilities handling, especially hazardous cargo; 
     and
       (D) identification of security funding alternatives, 
     including an analysis of the potential for cost-sharing by 
     the public and private sectors as well as any challenges 
     associated with such cost-sharing.
       (3) Information protection.--In carrying out the 
     coordination necessary to effectively complete the study, the 
     Commandant shall implement measures to ensure the protection 
     of any sensitive security information, proprietary 
     information, or classified information collected, reviewed, 
     or shared during collaborative engagement with maritime 
     stakeholders and other Government entities, except that 
     nothing in this paragraph shall constitute authority to 
     withhold information from--
       (A) the Congress; or
       (B) first responders requiring such information for the 
     protection of life or property.
       (4) Report.--Not later than 12 months after the date of 
     enactment of this Act, the Secretary of the Department in 
     which the Coast Guard is operating shall submit to the 
     Committees on Homeland Security and Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the results of the study under this 
     subsection.
       (b) National Strategy.--Not later than 6 months after 
     submission of the report required by subsection (a), the 
     Secretary of the department in which the Coast Guard is 
     operating shall develop, in conjunction with appropriate 
     Federal agencies, a national strategy for the waterside 
     security of vessels carrying, and waterfront facilities 
     handling, especially hazardous cargo. The strategy shall 
     utilize the results of the study required by subsection (a).
       (c) Security of Especially Hazardous Cargo.--Section 70103 
     of title 46, United States Code, is amended by adding at the 
     end the following:
       ``(e) Especially Hazardous Cargo.--
       ``(1) Enforcement of security zones.--Consistent with other 
     provisions of Federal law, the Coast Guard shall coordinate 
     and be responsible for the enforcement of any Federal 
     security zone established by the Coast Guard around a vessel 
     containing especially hazardous cargo. The Coast Guard shall 
     allocate available resources so as to deter and respond to a 
     transportation security incident, to the maximum extent 
     practicable, and to protect lives or protect property in 
     danger.
       ``(2) Resource deficiency reporting.--
       ``(A) In general.--When the Secretary submits the annual 
     budget request for a fiscal year for the department in which 
     the Coast Guard is operating to the Office of Management and 
     Budget, the Secretary shall provide to the Committees on 
     Homeland Security and Transportation and Infrastructure of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report that 
     includes--
       ``(i) for the last full fiscal year preceding the report, a 
     statement of the number of security zones established for 
     especially hazardous cargo shipments;
       ``(ii) for the last full fiscal year preceding the report, 
     a statement of the number of especially hazardous cargo 
     shipments provided a waterborne security escort, subdivided 
     by Federal, State, local, or private security; and
       ``(iii) an assessment as to any additional vessels, 
     personnel, infrastructure, and other resources necessary to 
     provide waterborne escorts to those especially hazardous 
     cargo shipments for which a security zone is established.
       ``(B) Especially hazardous cargo defined.--In this 
     subsection, the term `especially hazardous cargo' means 
     anhydrous ammonia, ammonium nitrate, chlorine, liquefied 
     natural gas, liquiefied petroleum gas, and any other 
     substance, material, or group or class of material, in a 
     particular amount and form that the Secretary determines by 
     regulation poses a significant risk of creating a 
     transportation security incident while being transported in 
     maritime commerce.''.
       (d) Definitions.--For the purposes of this section, the 
     follow definitions apply:
       (1) Especially hazardous cargo.--The term ``especially 
     hazardous cargo'' means anhydrous ammonia, ammonium nitrate, 
     chlorine, liquefied natural gas, liquiefied petroleum gas, 
     and any other substance, material, or group or class of 
     material, in a particular amount and form that the Secretary 
     determines by regulation poses a significant risk of creating 
     a transportation security incident while being transported in 
     maritime commerce.
       (2) Area maritime security committee.--The term ``Area 
     Maritime Security Committee'' means each of those committees 
     responsible for producing Area Maritime Transportation 
     Security Plans under chapter 701 of title 46, United States 
     Code.
       (3) Transportation security incident.--The term 
     ``transportation security incident'' has the same meaning as 
     that term has in section 70101 of title 46, United States 
     Code.

     SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

       Consistent with other provisions of law, the Secretary of 
     the department in which the Coast Guard is operating shall 
     make a recommendation, after considering recommendations made 
     by the States, to the Federal Energy Regulatory Commission as

[[Page 16893]]

     to whether the waterway to a proposed waterside liquefied 
     natural gas facility is suitable or unsuitable for the marine 
     traffic associated with such facility.

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

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

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

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

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

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

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

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

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

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

     SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS.

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

     SEC. 820. CLARIFICATION OF RULEMAKING AUTHORITY.

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

     ``SEC. 70124. REGULATIONS.

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

``70124. Regulations''.

     SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION.

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

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

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

[[Page 16894]]

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

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

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

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

     SEC. 823. TRANSPORTATION SECURITY CARDS.

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

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

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

     SEC. 825. INTERNATIONAL PORT AND FACILITY INSPECTION 
                   COORDINATION.

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

     SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT MITIGATION 
                   PLAN.

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

     SEC. 827. RISK BASED RESOURCE ALLOCATION.

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

     SEC. 828. PORT SECURITY ZONES.

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

                  ``SUBCHAPTER II--PORT SECURITY ZONES

     ``Sec. 70131. Definitions

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

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

       ``(a) Standard.--The Commandant of the Coast Guard shall 
     establish, by regulation,

[[Page 16895]]

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

                       ``SUBCHAPTER I--GENERAL''.

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

                     ``Subchapter I--General''; and

       (4) by adding at the end the following:

                  ``subchapter ii--port security zones

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

     SEC. 901. WAIVERS.

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

     SEC. 902. CREW WAGES ON PASSENGER VESSELS.

       (a) Foreign and Intercoastal Voyages.--
       (1) Cap on penalty wages.--Section 10313(g) of title 46, 
     United States Code, is amended--
       (A) by striking ``When'' and inserting ``(1) Subject to 
     paragraph (2), when''; and
       (B) by adding at the end the following:
       ``(2) The total amount required to be paid under paragraph 
     (1) with respect to all claims in a class action suit by 
     seamen on a passenger vessel capable of carrying more than 
     500 passengers for wages under this section against a vessel 
     master, owner, or operator or the employer of the seamen 
     shall not exceed ten times the unpaid wages that are the 
     subject of the claims.
       ``(3) A class action suit for wages under this subsection 
     must be commenced within three years after the later of--
       ``(A) the date of the end of the last voyage for which the 
     wages are claimed; or
       ``(B) the receipt, by a seaman who is a claimant in the 
     suit, of a payment of wages that are the subject of the suit 
     that is made in the ordinary course of employment.''.
       (2) Deposits.--Section 10315 of such title is amended by 
     adding at the end the following:
       ``(f) Deposits in Seaman Account.--By written request 
     signed by the seaman, a seaman employed on a passenger vessel 
     capable of carrying more than 500 passengers may authorize 
     the master, owner, or operator of the vessel, or the employer 
     of the seaman, to make deposits of wages of the seaman into a 
     checking, savings, investment, or retirement account, or 
     other account to secure a payroll or debit card for the 
     seaman if--
       ``(1) the wages designated by the seaman for such deposit 
     are deposited in a United States or international financial 
     institution designated by the seaman;
       ``(2) such deposits in the financial institution are fully 
     guaranteed under commonly

[[Page 16896]]

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

     SEC. 903. TECHNICAL CORRECTIONS.

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

     SEC. 904. MANNING REQUIREMENT.

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

     SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS.

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

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

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

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

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

[[Page 16897]]

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

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

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

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

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

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

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

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

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

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

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

[[Page 16898]]

     vessel'' has the same meaning such term has in section 
     2101(42)(B) of title 46, United States Code.

     SEC. 911. STRATEGY REGARDING DRUG TRAFFICKING VESSELS.

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

     SEC. 912. USE OF FORCE AGAINST PIRACY.

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

     ``Sec. 8107. Use of force against piracy

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

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

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

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

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

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

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

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

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

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

       (a) Determination; Analyses.--
       (1) Determination.--The Commandant of the Coast Guard shall 
     determine the necessity and adequacy of the existing Federal 
     aids to navigation at Presque Isle Light Station, Presque 
     Isle, Michigan (hereinafter ``Light Station''), and submit 
     such determination to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate. The Commandant may base such determination on the 
     Waterways Analysis and Management System study of such 
     Federal aid to navigation, provided that such study was 
     completed not more than one year prior to the date of 
     enactment of this section.
       (2) Analyses.--The Commandant of the Coast Guard shall 
     conduct--
       (A) an analysis of the feasibility of restoring the Fresnel 
     Lens from the Light Station to operating condition, the 
     capacity of the Coast Guard to maintain the Fresnel Lens as a 
     Federal aid to navigation, and the impact on the Fresnel Lens 
     as an artifact if used as a Federal aid to navigation; and
       (B) a comparative analysis of the cost of restoring, 
     reinstalling, operating, and maintaining the Fresnel Lens 
     (including life-cycle costs) and the cost of operating and 
     maintaining the existing Federal aid to navigation at the 
     Light Station (including life-cycle costs).
       (3) Submission.--Not later than 1 year after the date of 
     enactment of this section, the

[[Page 16899]]

     Commandant of the Coast Guard shall submit the determination 
     and analyses, conducted pursuant to this subsection, to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate.
       (b) Transfer Possession of Lens Authorized.--
       (1) Transfer of possession.--Notwithstanding any other 
     provision of law, the Commandant of the Coast Guard may 
     transfer to the Township of Presque Isle, Michigan 
     (hereinafter ``Township''), possession of the Fresnel Lens 
     from the Light Station for the purpose of conserving and 
     displaying such Fresnel Lens as an artifact in an exhibition 
     facility at or near the Light Station.
       (2) Condition.--As a condition of the transfer of 
     possession pursuant to paragraph (1)--
       (A) all Federal aids to navigation located at, on, or in 
     the Light Station in operation on the date of transfer of 
     possession shall remain the personal property of the United 
     States and continue to be operated and maintained by the 
     United States for as long as needed for navigational 
     purposes;
       (B) there is reserved to the United States the right to 
     maintain, remove, replace, or install any Federal aid to 
     navigation located at, on, or in the Light Station as may be 
     necessary for navigational purposes; and
       (C) the Township shall neither interfere nor allow 
     interference in any manner with any Federal aid to 
     navigation, nor hinder activities required for the operation 
     and maintenance of any Federal aid to navigation.
       (3) Alternative display.--
       (A) In the event that--
       (i) the Commandant of the Coast Guard, pursuant to a 
     Waterways Analysis and Management System study, discontinues 
     the existing Federal aids to navigation at, on, or in the 
     Light Station; and
       (ii) the Township demonstrates to the satisfaction of the 
     Commandant that the Township can restore, reinstall, and 
     display the Fresnel Lens from the Light Station in the 
     lantern room of such Light Station in a manner that conserves 
     such Fresnel Lens as an artifact;

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

     SEC. 917. MARITIME LAW ENFORCEMENT.

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

     SEC. 918. CAPITAL INVESTMENT PLAN.

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

     SEC. 919. REPORTS.

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

     SEC. 920. COMPLIANCE PROVISION.

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

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

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

                          TITLE X--CLEAN HULLS

                     Subtitle A--General Provisions

     SEC. 1011. DEFINITIONS.

       In this title:

[[Page 16900]]

       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Antifouling system.--The term ``antifouling system'' 
     means a coating, paint, surface treatment, surface, or device 
     that is used or intended to be used on a vessel to control or 
     prevent attachment of unwanted organisms.
       (3) Convention.--The term ``Convention'' means the 
     International Convention on the Control of Harmful Anti-
     Fouling Systems on Ships, 2001, including its annexes, and 
     including any amendments to the Convention or annexes which 
     have entered into force for the United States.
       (4) FPSO.--The term ``FPSO'' means a floating production, 
     storage, or offloading unit.
       (5) FSU.--The term ``FSU'' means a floating storage unit.
       (6) Gross tonnage.--The term ``gross tonnage'' as defined 
     in chapter 143 of title 46, United States Code, means the 
     gross tonnage calculated in accordance with the tonnage 
     measurement regulations contained in annex 1 to the 
     International Convention on Tonnage Measurement of Ships, 
     1969.
       (7) International voyage.--The term ``international 
     voyage'' means a voyage by a vessel entitled to fly the flag 
     of one country to or from a port, shipyard, offshore 
     terminal, or other place under the jurisdiction of another 
     country.
       (8) Organotin.--The term ``organotin'' means any compound 
     or additive of tin bound to an organic ligand, that is used 
     or intended to be used as biocide in an antifouling system.
       (9) Person.--The term ``person'' means--
       (A) any individual, partnership, association, corporation, 
     or organized group of persons whether incorporated or not;
       (B) any department, agency, or instrumentality of the 
     United States, except as provided in section 3(b)(2); or
       (C) any other government entity.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (11) Sell or distribute.--The term ``sell or distribute'' 
     means to distribute, sell, offer for sale, hold for 
     distribution, hold for sale, hold for shipment, ship, deliver 
     for shipment, release for shipment, import, export, hold for 
     import, hold for export, or receive and (having so received) 
     deliver or offer to deliver.
       (12) Vessel.--The term ``vessel'' has the meaning given 
     that term in section 3 of title 1, United States Code, 
     including hydrofoil boats, air cushion watercraft, 
     submersibles, floating craft, fixed or floating platforms, 
     floating storage units, and floating production, storage, and 
     offloading units.
       (13) Territorial sea.--The term ``territorial sea'' means 
     the territorial sea as described in Presidential Proclamation 
     No. 5928 on December 27, 1988.
       (14) United states.--The term ``United States'' means the 
     several States of the United States, the District of 
     Columbia, Puerto Rico, Guam, American Samoa, the Virgin 
     Islands, the Commonwealth of the Northern Marianas, and any 
     other territory or possession over which the United States 
     has jurisdiction.
       (15) Use.--The term ``use'' includes application, 
     reapplication, installation, or any other employment of an 
     antifouling system.

     SEC. 1012. COVERED VESSELS.

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

     SEC. 1013. ADMINISTRATION AND ENFORCEMENT.

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

     SEC. 1014. COMPLIANCE WITH INTERNATIONAL LAW.

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

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

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

              Subtitle B--Implementation of the Convention

     SEC. 1021. CERTIFICATES.

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

     SEC. 1022. DECLARATION.

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

     SEC. 1023. OTHER COMPLIANCE DOCUMENTATION.

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

     SEC. 1024. PROCESS FOR CONSIDERING ADDITIONAL CONTROLS.

       (a) Actions by Administrator.--The Administrator may--
       (1) participate in the technical group described in Article 
     7 of the Convention, and in any other body convened pursuant 
     to the Convention for the consideration of new or additional 
     controls on antifouling systems;
       (2) evaluate any risks of adverse effects on nontarget 
     organisms or human health presented by a given antifouling 
     system such that the amendment of annex 1 of the Convention 
     may be warranted;
       (3) undertake an assessment of relevant environmental, 
     technical, and economic considerations necessary to evaluate 
     any proposals for new or additional controls of antifouling 
     systems under the Convention, including benefits in the 
     United States and elsewhere associated with the production 
     and use in the United States and elsewhere, of the subject 
     antifouling system; and
       (4) develop recommendations based on that assessment.
       (b) Referrals to Technical Group.--
       (1) Convening of shipping coordinating committee.--On 
     referral of any antifouling system to the technical group 
     described in article 7 of the Convention for consideration of 
     new or additional controls, the Secretary of State shall 
     convene a public meeting of the Shipping Coordinating 
     Committee for the purpose of receiving information and

[[Page 16901]]

     comments regarding controls on such antifouling system. The 
     Secretary of State shall publish advance notice of such 
     meeting in the Federal Register and on the State Department's 
     Web site. The Administrator shall assemble and maintain a 
     public docket containing notices pertaining to that meeting, 
     any comments responding to those notices, the minutes of that 
     meeting, and materials presented at that meeting.
       (2) Report by technical group.--The Administrator shall 
     promptly make any report by the technical group described in 
     the Convention available to the public through the docket 
     established pursuant to subsection (b) and announce the 
     availability of that report in the Federal Register. The 
     Administrator shall provide an opportunity for public comment 
     on the report for a period of not less than 30 days from the 
     time the availability of the report is announced in the 
     Federal Register.
       (3) Consideration of comments.--To the extent practicable, 
     the Administrator shall take any comments into consideration 
     in developing recommendations under subsection (a).

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

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

     SEC. 1026. COMMUNICATION AND EXCHANGE OF INFORMATION.

       (a) In General.--Except as provided in subsection (b), with 
     respect to those antifouling systems regulated by the 
     Administrator, the Administrator shall provide to any party 
     to the Convention that requests it, relevant information on 
     which the decision to regulate was based, including 
     information provided for in annex 3 to the Convention, or 
     other information suitable for making an appropriate 
     evaluation of the antifouling system.
       (b) Limitation.--This section shall not be construed to 
     authorize the provision of information the disclosure of 
     which is otherwise prohibited by law.

           Subtitle C--Prohibitions and Enforcement Authority

     SEC. 1031. PROHIBITIONS.

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

     SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SECRETARY.

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

     SEC. 1033. EPA ENFORCEMENT.

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

     SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINISTRATOR.

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

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

     SEC. 1041. CRIMINAL ENFORCEMENT.

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

     SEC. 1042. CIVIL ENFORCEMENT.

       (a) Civil Penalty.--
       (1) In general.--Any person who is found by the Secretary 
     or the Administrator, as appropriate, after notice and an 
     opportunity for a hearing, to have--
       (A) violated the Convention, this title, or any regulation 
     prescribed under this title, is liable to the United States 
     Government for a civil penalty of not more than $37,500 for 
     each violation; or
       (B) made a false, fictitious, or fraudulent statement or 
     representation in any matter in which a statement or 
     representation is required to be made to the Secretary under 
     the Convention, this title, or any regulations prescribed 
     under this title, is liable to the United States for a civil 
     penalty of not more than $50,000 for each such statement or 
     representation.
       (2) Relationship to other law.--This subsection shall not 
     limit or affect the authority of the Government under section 
     1001 of title 18, United States Code.
       (b) Assessment of Penalty.--The amount of the civil penalty 
     shall be assessed by the Secretary or Administrator, as 
     appropriate, by written notice.
       (c) Limitation for Recreational Vessel.--A civil penalty 
     imposed under subsection (a) against the owner or operator of 
     a recreational vessel, as that term is defined in section 
     2101 of title 46, United States Code, for a violation of the 
     Convention, this title, or any regulation prescribed under 
     this title involving that recreational vessel, may not exceed 
     $5,000 for each violation.
       (d) Determination of Penalty.--For purposes of penalties 
     under this section, each day of a continuing violation 
     constitutes a separate violation. In determining the amount 
     of the penalty, the Secretary or Administrator shall take 
     into account the nature, circumstances, extent, and gravity 
     of the prohibited acts committed and, with respect to the 
     violator, the degree of culpability, any history of prior 
     offenses, the economic impact of the penalty on the violator, 
     the economic benefit to the violator and other matters as 
     justice may require.
       (e) Reward.--An amount equal to not more than one-half of 
     any civil penalty assessed by the Secretary or Administrator 
     under this section may, subject to the availability

[[Page 16902]]

     of appropriations, be paid by the Secretary or Administrator, 
     respectively, to any person who provided information that led 
     to the assessment or imposition of the penalty.
       (f) Referral to Attorney General.--If any person fails to 
     pay a civil penalty assessed under this section after it has 
     become final, or comply with an order issued under this 
     title, the Secretary or Administrator, as appropriate, may 
     refer the matter to the Attorney General of the United States 
     for collection in any appropriate district court of the 
     United States.
       (g) Compromise, Modification, or Remission.--Before 
     referring any civil penalty that is subject to assessment or 
     has been assessed under this section to the Attorney General, 
     the Secretary, or Administrator, as appropriate, may 
     compromise, modify, or remit, with or without conditions, the 
     civil penalty.
       (h) Nonpayment Penalty.--Any person who fails to pay on a 
     timely basis a civil penalty assessed under this section 
     shall also be liable to the United States for interest on the 
     penalty at an annual rate equal to 11 percent compounded 
     quarterly, attorney fees and costs for collection 
     proceedings, and a quarterly nonpayment penalty for each 
     quarter during which such failure to pay persists. That 
     nonpayment penalty shall be in an amount equal to 20 percent 
     of the aggregate amount of that person's penalties and 
     nonpayment penalties that are unpaid as of the beginning of 
     that quarter.

     SEC. 1043. LIABILITY IN REM.

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

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

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

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

       (a) In General.--If a vessel is detected to be in violation 
     of the Convention, this title, or any regulation prescribed 
     under this title, the Secretary may warn, detain, dismiss, or 
     exclude the vessel from any port or offshore terminal under 
     the jurisdiction of the United States.
       (b) Notifications.--If action is taken under subsection 
     (a), the Secretary, in consultation with the Secretary of 
     State, shall make the notifications required by the 
     Convention.

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

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

     SEC. 1047. REMEDIES NOT AFFECTED.

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

     SEC. 1048. REPEAL.

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

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


                             General Leave

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

[[Page 16903]]

the United States--they are tired of huge expenditures, 200 percent 
increases in programs and a skyrocketing deficit that this Congress has 
brought on. This is a moderate increase. It represents a 3 percent 
increase, and I think it deserves and is worthy of our support.
  The other thing about the Coast Guard is, they aren't like some 
agencies, lobbying for huge amounts of money, or this team of lobbyists 
or special interests or whoever coming here, whining, complaining, 
trying to get more of the taxpayer money, expanding the range and 
control of their programs. They just get their job done. And, again, I 
am pleased that we are finally getting our job done and authorizing 
this Coast Guard legislation.
  Let me also say that this is a much better bill than was introduced 
several years ago. And it may have taken more time, but I want to say, 
from my side of the aisle, I am pleased with what we have accomplished.
  Again, leadership by Mr. LoBiondo and others who have worked on this, 
we blocked, I think, some--first of all, we blocked some devastating 
operational and structural policy changes that the Coast Guard did not 
want. The Coast Guard is, again, one of our service organizations, and 
it doesn't need to be hamstrung by Congress.
  Safety is important, and we need the component of safety as one of 
their priorities. And I think we have properly placed that, fixed some 
of the original provisions that I don't think that they felt they could 
properly operate or live with. So I think, first of all, we have got 
that provision which is much better and will operate on a sounder 
basis.
  The second thing is, there were provisions in here, and there are 
folks that had their own little interests, and some of those interests 
would have blocked our energy supplies. And as far as liquefied natural 
gas and bringing gas into some of our ports, I think we would have 
created higher costs for the consumers. I think the Northeast region in 
particular would have been hard hit by some of the original constraints 
and provisions that were in here. Yes, we want safety for the delivery 
of those kinds of fuels, but we also want reasonableness in the 
process. So we don't want to make, again, a problem where there isn't a 
problem. And we do need to have clean energy available at affordable 
price for the consumer. I think we have been able to do that.
  We have also, I think, put provisions in here that protect America's 
ports. There was a provision originally introduced that would have 
prohibited States from conducting additional background checks on port 
workers to ensure that drug smugglers and other convicted felons' 
access to secure areas of our ports was actually allowed under this 
bill, and States were prohibited from, again, putting these provisions 
forward for safety and security.
  We have seen what happened with the Federal Government in Arizona, 
and Arizona wants to enforce Federal immigration laws. Well, States 
should be able to ensure that their ports too are safe; and if they 
have the need of a background check, it should be done. And we 
shouldn't have felons and others with bad records in some of the secure 
areas of our ports. So I think we have also improved the quality of 
that particular provision.
  Then I think we have put some commonsense acquisition reform. When 
originally introduced, this bill would have, I think, created a 
disastrous recipe for failure for the United States Coast Guard to 
become a systems integrator. Now, I know we have had problems. We had 
problems with the national security class Coast Guard cutter that we 
tried to produce for the first time. We had problems with changing out 
110-foot Coast Guard cutters to a longer model--I believe it was a 123-
foot version. Yes, we had problems with some of these projects. But the 
answer isn't for government to step in and create a huge operation.

                              {time}  1940

  When you get into some of the acquisition questions and systems 
design and systems integration, even the United States Navy, which has 
one of the largest maritime fleets in the world, has trouble doing some 
of this by itself. The Navy is a much larger entity than the United 
States Coast Guard, which is the smaller entity, and casting 
legislation that would require them to do things that really they don't 
have the capability of doing was, I think, not a good proposal, and I 
think we have made it a better proposal.
  The other thing we have to remember too, the Coast Guard pays a lot 
less than the private sector. And God bless those men and women who 
serve. Many of those professionals end up going into the private 
sector, or the private sector attracts folks to do these highly 
technical systems integration programs, and they have the resources to 
do this. Also, the other thing, too, we found with the Coast Guard is 
we do have a turnover in Coast Guard personnel. Many people serve their 
whole career there, but there is also a turnover in some of these 
highly professional, highly technical positions.
  So given all of that, I think the provisions that were put in this 
legislation will allow us to not repeat some of the mistakes of past 
acquisitions and not get the government into creating a huge 
bureaucracy of acquisition or to take on something that the Federal 
Government should not do and cannot do, and we can do it much more cost 
effectively, I think, in the manner that we prescribed in this 
legislation.
  So I am pleased with the bill. It took some tough negotiations. It 
took some time. I am honored to join my colleagues--Mr. Oberstar, Mr. 
LoBiondo, Mr. Cummings, some of the other members here tonight, anyone 
who was involved in this on both sides of the aisle--and particularly 
the staff who worked so hard to secure what I think is not only a sound 
piece of legislation but an excellent bipartisan product that the 
American people can be proud of.
  Mr. OBERSTAR. I yield myself such time as I may consume.
  Mr. Speaker, I will conclude on our side recognizing and 
acknowledging the splendid work and the diligent effort of the 
gentleman from Maryland (Mr. Cummings) who is the chair of the Coast 
Guard Subcommittee. He devoted an enormous amount of time, hours of 
effort in hearings, one of which went for 10 hours on the Coast Guard 
procurement program where we had to hear in great detail the failure of 
allowing the private sector to self-certify, in effect. That was a 
massive failure of the procurement system. We went into great detail. 
Mr. Cummings spent an enormous amount of time and effort.
  Mr. LoBiondo as well gave his expertise, his years of seasoning and 
understanding of the Coast Guard's work.
  We passed major procurement reform. The Senate passed it, and we do 
not have to include that language in this legislation. Those reforms 
are moving into place. We are not going to repeat those mistakes of the 
past. It was necessary to make those changes. It was urgent for the 
integrity of the Coast Guard and for its successful operation. And all 
through this, the gentleman from New Jersey (Mr. LoBiondo) who was a 
partner, he regularly participated in all of the subcommittee hearings 
and our markup and lent great expertise to the final product of the 
committee. For that, I am enormously grateful and recognize and 
acknowledge his splendid contribution.
  Mr. Speaker, I yield to the gentleman from Michigan (Mr. Stupak) such 
time as he may consume.
  Mr. STUPAK. Mr. Speaker, I thank the chairman for yielding me the 
time, and would like to engage the chairman, if I may, in a colloquy.
  Mr. Chairman, as you know, the Coast Guard Station in Marquette, 
Michigan, relocated to a new location within the city of Marquette. The 
new location allows the Coast Guard to streamline their operations, be 
closer to the dock, and therefore respond to emergencies more quickly.
  The city sold the city property for the new facility to the Coast 
Guard for $1 in 2008. Since then, the city has funded the necessary 
infrastructure improvements, such as water mains, water lateral 
construction, rerouting of bike routes, and other improvements

[[Page 16904]]

for the new Coast Guard facility, at a total cost of $170,000. On April 
7, 2008, the City of Marquette turned over the property, with 
infrastructure improvements, to the Coast Guard.
  The bill before us, the Coast Guard Authorization Act for Fiscal Year 
2010 and 2011, conveys the old Coast Guard land back to the City of 
Marquette. However, it may result in the city paying for the conveyance 
of the property, despite the city's generous contribution of land and 
infrastructure improvements for the Coast Guard in 2008.
  Mr. OBERSTAR. The gentleman has stated the case very well.
  Summarizing it very simply, the City of Marquette and the Coast Guard 
entered into an agreement. The City of Marquette kept its part of the 
agreement, conveyed property to the Coast Guard for $1, and now is 
going to be stuck with the bill.
  The problem is that the way the transfer worked out, the statutory 
PAYGO rules preclude inclusion of past conveyance in calculating the 
cost of the bill. We simply got hung up with our own legislation, our 
own PAYGO rules to reduce the cost of government, but now we are in the 
position of possibly increasing the cost of government to a local unit 
of government, the City of Marquette. The city's contribution to the 
Coast Guard cannot therefore be calculated into the cost of this bill. 
I look forward to the day when we will be able to work this out in a 
different setting.
  Mr. STUPAK. I thank the chairman. I ask the Congress to recognize the 
generous contribution of the City of Marquette and urge the Coast Guard 
to perform this land transfer at no cost to the city. The city has 
already borne significant cost by transferring a new parcel of land to 
the agency and spent $170,000 for reasonable and necessary 
infrastructure costs.
  My fellow colleague in the Michigan delegation, Senator Stabenow, and 
I have constantly advocated that the City of Marquette has contributed 
greatly to the Coast Guard, and the city should not incur additional 
costs.
  I yield to the gentleman.
  Mr. OBERSTAR. I agree that the Coast Guard should not conduct its 
business in this manner. It should recognize the contributions of the 
City of Marquette in exercising this conveyance, and we will continue 
to work with the gentleman throughout the balance of this Congress and, 
if necessary, into the next Congress. Even though the gentleman is 
retiring, this issue will not be forgotten. We will find a way to work 
it out equitably and recognize the good-faith contribution of the City 
of Marquette that held its part of the bargain but is not being fairly 
treated.
  Mr. STUPAK. I thank the chairman, and I thank the minority side for 
their help and assistance in this matter.
  Mr. OBERSTAR. How much time remains on our side, Mr. Speaker?
  The SPEAKER pro tempore. The gentleman from Minnesota has 13 minutes, 
and the gentleman from New Jersey has 9\1/2\ minutes.
  Mr. OBERSTAR. I yield myself such time as I may consume.
  I wish to express my appreciation to the ranking member of the full 
committee, Mr. Mica, who made a very elaborate statement about the 
provisions of the bill. I will not elaborate on it, except to concur 
with him that we are getting the best bargain perhaps in all of 
government--although he didn't put it this way, I do--in supporting the 
missions of the Coast Guard. They are extraordinarily frugal and 
economical in carrying out their missions.
  When I was elected to Congress in 1974 and started my service on the 
Merchant Marine and Fisheries Committee as well as the Public Works 
Committee, the Coast Guard's authorized personnel limit was 39,000. 
Today, we increase it to 47,000. But in that almost 36 years, we have 
added 27 new missions to the Coast Guard without commensurately 
increasing their personnel.

                              {time}  1950

  The Coast Guard has proudly held itself up as a multimission agency, 
able to carry out numerous overlapping missions without adding 
personnel. We recognize, however, that there is a limit to how much you 
can stretch your existing personnel. By a modest increase in the Coast 
Guard's personnel limit, we give them the personnel resources they will 
need to carry out the mission of the future for safety and for 
security.
  Mr. Speaker, this also is a very nostalgic moment for me. This year 
represents 34 years that John Cullather, the chief counsel of the 
Subcommittee on Coast Guard, has served the House of Representatives. 
He started with our former colleague Don Pease as a legislative 
assistant, and then as counsel on the Committee on Merchant Marine and 
Fisheries. This will be the last bill that John Cullather will bring to 
the House floor as counsel of the Coast Guard Subcommittee.
  He has served enormously well, with a profound grasp of the 
legislative history of the Coast Guard, of our Merchant Marine forces, 
of maritime law. He is recognized widely across Washington as the font 
of knowledge on maritime law of the United States and, of course, 
specifically the Coast Guard.
  John has told me just today of his intention to retire at the end of 
this session. I am personally grateful for the friendship that we have 
had over these 30-plus years, and more specifically during the years he 
served on the Committee on Transportation and Infrastructure in the 
role of counsel.
  When I think back over the long history of this country, in the First 
Congress, the third act of the first Congress was to establish the 
Revenue Cutter Service to collect duties from inbound cargos and pay 
the debts of the Revolutionary War. That Revenue Cutter Service became 
what we know as the Coast Guard today.
  John Cullather has served our maritime history, served the Coast 
Guard, enormously well with his rich knowledge of the practices and the 
strengths, as well as the weaknesses, the shortcomings of this service, 
and has constantly worked to improve the quality of service with the 
resources that the Coast Guard has at its disposal, the training of its 
personnel, to make it the very best uniformed service of this country 
and the best of its kind in the world.
  To John Cullather, I offer my enormous personal gratitude and the 
gratitude of all of the members of the committee for his superb, 
stellar service on our committee for three-and-a-half decades.
  I reserve the balance of my time.
  Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
  I want to again thank Mr. Oberstar for his diligent work on this, and 
Mr. Mica. A lot has been said by both Mr. Oberstar and Mr. Mica, but a 
couple of points need to be reiterated, I believe.
  I think the men and women of the Coast Guard are some of the most 
under-recognized and under-appreciated patriots that we have in our 
country. For far too many years a message was sent to them as we 
increased their mission that it was acceptable for them to be expected 
to do more with less. We send a very clear signal with this legislation 
that that is not the case.
  I am very appreciative of the majority's position in rejecting the 
President's very misguided direction to cut the Coast Guard with 
personnel and funding, exactly the wrong message at the wrong time.
  We can look to some other things that are in this bill that maybe 
aren't quite as high profile, but there is a housing provision in this 
bill that the Master Chief of the Coast Guard, Mr. Bowen, Master Chief 
Bowen, came and talked about, the horrendous conditions that we are 
expecting men and women of the Coast Guard to live in, and this helps 
to correct that.
  Another issue that is not at the forefront right now but certainly 
was a very short time ago, and that was the piracy issue. We are taking 
steps to allow the captain and crew of U.S. vessels to be able to 
defend themselves and their cargo. This is a good step in the right 
direction.
  Overall, this bill is very, very much past due, and I am very pleased 
that we are going to be able to move forward with that. I want to thank 
Mr. Oberstar, Mr. Cummings, Mr. Mica and all

[[Page 16905]]

staff on both sides for so much in their doing.
  I yield back the balance of my time.
  Mr. OBERSTAR. I yield myself the balance of my time.
  Again, in addition to Mr. Cullather, there are staff on the 
Republican side of the committee and other members on the majority side 
who have all worked together diligently. These have been stressful 
times these last several weeks as we worked to craft a bill that could 
pass the other body and overcome several reservations and objections 
raised.
  We have accomplished that. We have done that in a bipartisan fashion 
and have brought to the House, and I think directly through the Senate 
to the President--it should go to the President this week and be 
signed, this authorization for the U.S. Coast Guard.
  Again, it will be the culminating work of John Cullather in his 
service to the committee and to the Congress. I know, having served on 
the staff, without our dedicated, seasoned, career professional staff, 
we members of Congress would have a very difficult time accomplishing 
our work.
  I thank you on both sides for your splendid contributions, and to 
John Cullather, Semper Paratus.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in strong support of 
H.R. 3619, a bill to authorize the activities of the United States 
Coast Guard.
  A version of this legislation passed the House in October of last 
year and was subsequently amended by the Senate in May.
  Action on the resolution before us today would send the bill back to 
the Senate for passage, clearing it for signature by the President.
  H.R. 3619 provides long-overdue resources to the Coast Guard--a 
multi-mission agency that has been without an authorization for many 
years.
  As Chairman of the Committee on Homeland Security, I am especially 
pleased that the bill strengthens Coast Guard's maritime security 
operations to meet the challenges of our post-9/11 world.
  Specifically, the bill: authorizes an end-of-year strength of 47,000 
Service Members for FY 2011; enhances acquisition reform for essential 
Coast Guard assets, such as the National Security Cutter; strengthens 
the Coast Guard's Maritime Security Response Team-related activities; 
increases the number of Canine Detection Teams; expands a maritime 
biometrics verification system for individuals interdicted at sea; 
authorizes interagency operational centers for port security; improves 
port security training for facility security officers; enhances 
security measures for liquefied natural gas (LNG) and other especially 
hazardous cargos; and authorizes a ``see it, say it'' type public 
awareness program for recreational boaters to report suspicious 
activities on the waters.
  The bill also includes provisions that I fought hard for to improve 
the Transportation Worker Identification Credential (TWIC) program.
  My Committee has done extensive oversight over the implementation of 
the TWIC program and, through that work, we have identified a number of 
areas where the program should be improved to take into account the 
interests of affected workers.
  Specifically, H.R. 3619 includes provisions to: help workers who have 
applied for but are still waiting to receive their TWIC cards continue 
to work; improve TWIC application processing times; facilitate more 
convenient methods of applying for the credential; and require GAO to 
look at whether DHS could mail credentials to applicants' homes like 
the State Department does with passports.
  We received testimony on September 17, 2008, from a trucker who 
needlessly spent hours making multiple visits to an enrollment center 
to complete the TWIC process.
  Streamlining that process will save workers and their employers a 
significant amount of time that would otherwise be wasted.
  Though this bill does a great deal to take into account the 
challenges that workers have experienced with the implementation of the 
TWIC program, I am disappointed that language from the House-passed 
version--dealing with prohibiting redundant federal and state 
background checks--is not included in this version of the legislation.
  I was also dismayed that certain House provisions dealing with the 
Coast Guard Academy are not included in this version of the bill.
  When the bill was passed by the House last year, I worked with the 
Coast Guard Subcommittee Chairman, Mr. Cummings, to include a new 
process for Members of Congress to nominate candidates for the Coast 
Guard Academy--as we are able to do for other Military Service 
academies.
  It also included language specifically authorizing a Minority Service 
Institution Management Internship Program.
  Coast Guard lags behind the other Services in diversity and these 
measures were intended to help make the Coast Guard better reflect the 
American people.
  Unfortunately, the provisions were removed from the bill due to 
objections by certain Members of the other body.
  Nevertheless, what you have before you is a good and necessary bill.
  It authorizes the resources and programs necessary to ensure that the 
Coast Guard is able to live up to its motto--``Always Ready.''
  This bill and the United States Coast Guard deserve our support.
  In closing, I would like to thank Chairman Oberstar and Chairman 
Cummings for working to bring this bill to the floor.
  I would also like to express my appreciation to Ranking Member King 
and his staff for working so cooperatively, particularly to ensure that 
the maritime security needs of the Coast Guard are met.
  It is my hope that our Senate colleagues will act expeditiously to 
clear the bill for the President.
  Mr. OBERSTAR. Mr. Speaker, I rise today in strong support of H.R. 
3619, as amended, the ``Coast Guard Authorization Act of 2010''. This 
bill is a comprehensive bill that will enable the Coast Guard to 
continue to perform and meet its daily demands, allowing it to continue 
to be defined as the world's premier maritime service.
  H.R. 3619 passed the House on October 23, 2009, and the Senate passed 
its version of the bill by unanimous consent on May 7, 2010.
  Over the past several years, the Coast Guard has fought international 
terrorism, defended Iraqi pipelines, patrolled for pirates in the 
Arabian Sea, saved thousands of lives during Hurricane Katrina, and is 
now leading the response effort to the largest oil spill in U.S. 
history. It is now time to provide the Coast Guard with the support 
that it needs to take care of its employees and carry out its everyday 
missions. At the same time, we need to make long overdue reforms, which 
will enhance the Coast Guard's ability to carry out its important 
responsibilities for maritime safety and security, and protection of 
the environment.
  The bill that we consider today will carry out these objectives. 
After a long period of negotiation, we are in agreement with the Senate 
on a bipartisan basis. I am hopeful that following our passage, the 
Senate will pass the bill before the recess. It will be one of the 
major accomplishments of the 111th Congress.
  H.R. 3619 authorizes $10.2 billion for the Coast Guard, of which $6.9 
billion is for operations and maintenance and $1.6 billion is for 
Acquisition, Construction, and Improvements (including $1.2 billion for 
the Deepwater program). The Coast Guard is also authorized to increase 
its end strength by 1,500 personnel to a total of 47,000. In addition, 
H.R. 3619 incorporates other provisions addressing marine safety, port 
security, the Coast Guard's management structure, and acquisition 
reform.
  H.R. 3619 makes administrative changes to the Coast Guard, including 
creating the position of District Ombudsman in each Coast Guard 
district to serve as a liaison between the Coast Guard and the maritime 
community. It also authorizes the reimbursement of medical-related 
travel for Coast Guard personnel who live in remote locations and 
grants access to the Armed Forces Retirement Home system to Coast Guard 
veterans. In addition, this administrative title authorizes active duty 
Coast Guard personnel who are assigned in support of a major disaster 
or spill of national significance to retain leave and authorizes the 
Coast Guard to retain and promote officers that have specialized skills 
to meet the needs of the Coast Guard.
  H.R. 3619 also makes changes to laws applying to shipping and 
navigation. It contains provisions that establish a civil penalty for 
the possession of controlled substances on vessels. Further, H.R. 3619 
requires the Commandant of the Coast Guard and the Administrator of the 
Environmental Protection Agency to study new technologies for reducing 
emissions from cruise and cargo vessels, including measures to help 
ensure safe and secure shipping in the Arctic.
  While the Coast Guard has made significant improvements in 
strengthening its acquisition workforce, H.R. 3619 requires the 
implementation of acquisition-related policies and procedures and 
personnel standards that will build on the acquisition reform efforts 
that the service has already undertaken. H.R. 3619 establishes training 
and experience standards for acquisition personnel and requires the 
Commandant of the Coast Guard to select a Chief Acquisition Officer who 
meets prescribed training and experience standards. In addition, title

[[Page 16906]]

IV of H.R. 3619 establishes an Acquisition Directorate within the Coast 
Guard with a defined mission and a workforce dedicated to performing 
acquisition functions.
  H.R. 3619 modernizes the Coast Guard by reorganizing its senior 
leadership and establishing career tracks for its members to develop 
expertise in a specific Coast Guard mission. It is imperative for the 
Coast Guard to sustain a marine safety program that is capable of 
preventing maritime casualties, mitigating circumstances of casualties, 
and maximizing the lives of a crew in the event of a casualty. 
Therefore, H.R. 3619 modernizes the management of the service's marine 
safety program and requires minimum qualifications for marine safety 
personnel. It also requires the Coast Guard to develop a long-term 
strategy for improving vessel safety, and authorizes creation of 
centers of expertise for marine safety.
  In addition, H.R. 3619 enhances marine safety by establishing safety 
equipment and construction standards for uninspected commercial fishing 
vessels operating beyond three nautical miles of the coast of the 
United States. It requires fishing vessels of certain sizes and those 
that undergo substantial changes to comply with loadline regulations. 
H.R. 3619 also requires ``safety management systems'' on certain 
passenger vessels that establish safety and environmental protection 
policies and procedures for reporting accidents and responding to 
emergency situations. Further, it permits seamen who suffer 
discrimination because they report safety violations to use the same 
Department of Labor complaint process that is currently available to 
workers in the other transportation modes.
  Focusing on improving oil pollution prevention, H.R. 3619 requires 
the Coast Guard to conduct a study and issue regulations to reduce the 
risk of oil spills during transfers of oil between vessels. In 
addition, H.R. 3619 extends liability for oil spills to the owners of 
cargo shipped on single-hulled vessels and amends the Oil Pollution Act 
of 1990 to extend to tank vessels of 100 gross tons or more the 
requirement to show financial responsibility for oil spills.
  In addition, H.R. 3619 enhances port and cargo security through the 
establishment of the America's Waterway Watch Program to promote 
voluntary reporting of activities that may indicate a threat or an act 
of terrorism. It also requires the Secretary of Homeland Security to 
establish, as needed, specialized deployable response teams to protect 
vessels, port facilities, and cargo. Furthermore, H.R. 3619 increases 
the Coast Guard's capacity with respect to canine teams and authorizes 
the Coast Guard to assist foreign port facility operators to meet 
international port security standards.
  This port security provision also prohibits approval of port facility 
security plans for new facilities unless the Secretary determines that 
sufficient security resources are available, and requires the Secretary 
to coordinate with owners and operators of port facilities to allow 
workers who have applied for a transportation workers' security card 
and are awaiting issuance to be escorted into secure or restricted 
areas of a port facility.
  H.R. 3619 also includes several miscellaneous provisions as follows:
  Changes the penalties payable by operators of certain cruise ships 
for nonpayment of wages in class action suits;
  Limits the liability for monetary damages of individuals who use or 
authorize the use of force to defend a vessel against piracy; and
  Strengthens, under certain conditions, criminal penalties for failing 
to heave to, obstructing Coast Guard boardings, and providing false 
information to the Coast Guard particularly for those vessels that are 
driven at an excessively high rate of speed to avoid enforcement of our 
immigration laws.
  H.R. 3619 also aligns U.S. law with the International Convention on 
the Control of Harmful Anti-Fouling Systems on Ships, 2001, and 
prohibits the sale, distribution, or manufacture of organotin or 
antifouling systems containing organotin.
  Mr. Speaker, H.R. 3619 gives the hard-working men and women of the 
Coast Guard the tools and the direction that they need to continue as 
the world's leading maritime agency.
  I urge my colleagues to join me in supporting H.R. 3619.
  Mr. CUELLAR. Mr. Speaker, I rise in strong support of the Coast Guard 
Authorization Act of 2010, a bill to authorize the important activities 
and programs of the United States Coast Guard.
  This comprehensive legislation includes new and enhanced port 
security programs that will help the Coast Guard protect and defend our 
nation's seaports, coastlines and waterways.
  Since the September 11, 2001 terrorist attacks, the Coast Guard has 
assumed additional security-related responsibilities and has improved 
its port and maritime border security and readiness capabilities.
  Accordingly, the bill includes a strong port security title that 
builds upon the Coast Guard's current initiatives to safeguard the 
public and protect vessels, harbors, ports, facilities, and cargo 
within the jurisdiction of the United States.
  For example, the bill's expansion of rapidly deployable specialized 
forces will enhance the Coast Guard's current ability to respond and 
operate effectively in a hazardous threat environment.
  The bill also directs the Coast Guard to lead the effort to enforce 
security zones around vessels carrying certain hazardous cargos, such 
as liquefied natural gas, as well as to increase the number of 
detection canine teams responsible for maritime-related security.
  As the Chair of the Subcommittee on Border, Maritime, and Global 
Counterterrorism, I am particularly pleased that this legislation 
includes strong provisions to protect our nation's maritime border.
  The bill authorizes the America's Waterway Watch Program--a ``see it, 
say it'' maritime domain awareness program that encourages the 
reporting of suspicious activities on and around our waterways to the 
Coast Guard.
  Additionally, it authorizes the Mobile Biometric Identification 
Program, a program that will enhance border security by providing the 
Coast Guard with state-of-the-art biometric technology to help identify 
individuals interdicted at sea.
  The bill will require the Coast Guard to develop a comprehensive 
strategy to combat the illicit flow of narcotics, weapons, bulk cash 
and other contraband through the use of submersible and semi-
submersible vessels.
  Drug trafficking organizations are constructing these vessels for the 
purpose of bringing narcotics from South America to the United States, 
and their efforts are becoming increasingly sophisticated.
  Even more troubling is the thought that such vessels could be used to 
smuggle terrorists or their weapons into our country.
  The Coast Guard's development of a comprehensive strategy to detect 
and interdict these vessels will be a key component of our effort to 
defeat these drug trafficking organizations.
  Our Nation demands more from the Coast Guard now than at any other 
time in the Service's over 200-year history.
  During these challenging times, it is critical that we ensure that 
the Coast Guard has the resources necessary to fulfill its homeland 
security mission requirements.
  Passage of H.R. 3619 will provide the Coast Guard with the long-term 
tools that are needed in this post-9/11 world. Therefore, I urge my 
colleagues to join me in giving this important resolution their full 
support.
  Mr. CUMMINGS. Mr. Speaker, as Chairman of the Subcommittee on Coast 
Guard and Maritime Transportation, I rise today in strong support of H. 
Res. 1665, which provides for concurrence by the House in the Senate 
Amendments to H.R. 3619, with amendments.
  The Coast Guard reauthorization before us is the product of four 
years of work. I commend Chairman Oberstar for his leadership and 
Ranking Members Mica and LoBiondo on the Transportation Committee for 
working so closely with us.
  I also thank Chairman Bennie Thompson and Ranking Member King of the 
Homeland Security Committee--and I thank all of our Senate counterparts 
for their commitment to completing this authorization.
  I have often described the Coast Guard as our ``thin blue line'' at 
sea. That line has rarely been stretched as thin as it was this past 
year as the service responded to the Gulf oil spill and the earthquake 
in Haiti while carrying out its other daily missions.
  H.R. 3619 authorizes $10.2 billion in fiscal year 2011 for the Coast 
Guard and increases the authorized end-strength for military personnel 
by 1,500 members to 47,000 total personnel.
  This is a small down-payment on what we owe our Coast Guardsmen and 
women--and it is long overdue.
  This legislation also includes a number of finely tuned provisions 
strengthening the Coast Guard's implementation and management of its 
many missions.
  Title IV of this legislation, which includes provisions I authored 
and that previously passed the House as H.R. 1665, will modernize the 
Coast Guard's management of its billion dollar annual acquisition 
program by imposing requirements that complement reforms the Coast 
Guard has already enacted and ensure full accountability for taxpayer 
funds.
  Specifically, Title IV will require the appointment of a chief 
acquisition officer who can be a senior military officer or member of 
the senior executive service but who must be a

[[Page 16907]]

trained acquisition professional with the highest available acquisition 
certification.
  It will also eliminate the use of private sector lead systems 
integrators and require the Coast Guard to develop independent life-
cycle cost estimates for its largest procurements.
  Further, Title IV requires the Coast Guard to complete a thorough 
mission needs analysis and a preliminary affordability assessment 
before initiating a large acquisition; it requires the Coast Guard to 
consider trade-offs among cost, schedule, and performance when 
establishing operational requirements; and it requires thorough testing 
of new assets.
  Finally, this legislation applies strict cost and schedule breach 
standards to Coast Guard acquisitions so that Congress will be alerted 
when cost overruns or schedule delays occur.
  H.R. 3619 will also reorganize the service's senior leadership, 
strengthen its marine safety program, establish safety equipment and 
construction standards for certain fishing vessels, and strengthen the 
service's homeland security missions.
  I am disappointed that a number of provisions in the House-passed 
legislation were dropped in the final bill, including provisions I 
authored that would have created a student loan program for maritime 
workers and provisions strengthening diversity at the Coast Guard 
Academy.
  I will continue to work on these critical issues, including working 
to move legislation that I believe addresses significant current 
challenges.
  That said, H.R. 3619 is an urgently needed authorization for the 
Coast Guard and I urge its passage in the House today.
  Finally, I also join Chairman Oberstar in commending the outstanding 
service of the Staff Director of the Subcommittee on Coast Guard and 
Maritime Transportation, John Cullather.
  John is one of the true professionals on the Hill--and he will be 
sorely missed.
  His knowledge of maritime issues and of the history and missions of 
the Coast Guard is truly unparalleled--as is his knowledge of House 
procedures and his passion of service to those who work, travel, and 
recreate on our nation's waterways.
  John is also an exceptional man--a profoundly generous and caring 
individual who has the respect of every single person on the 
Transportation Committee and of everyone throughout our maritime 
industry.
  I wish John the very best as he begins his new adventures.
  Mr. OBERSTAR. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota (Mr. Oberstar) that the House suspend the 
rules and agree to the resolution, H. Res. 1665.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

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