[House Report 111-303]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-303
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
COAST GUARD AUTHORIZATION ACT OF 2010
_______
October 16, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3619]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3619) to authorize appropriations
for the Coast Guard for fiscal year 2010, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Coast Guard
Authorization Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--COAST GUARD
Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home
(AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Repeal.
Sec. 210. Merchant Mariner Medical Advisory Committee.
Sec. 211. Reserve commissioned warrant officer to lieutenant program.
Sec. 212. Enhanced status quo officer promotion system.
Sec. 213. Laser Training System.
Sec. 214. Coast Guard vessels and aircraft.
Sec. 215. Coast Guard District Ombudsmen.
Sec. 216. Coast Guard commissioned officers: compulsory retirement.
Sec. 217. Enforcement of coastwise trade laws.
Sec. 218. Academy nominations.
Sec. 219. Report on sexual assaults in the Coast Guard.
Sec. 220. Home port of Coast Guard vessels in Guam.
Sec. 221. Minority serving institutions.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Goods and services.
Sec. 302. Seaward extension of anchorage grounds jurisdiction.
Sec. 303. Maritime Drug Law Enforcement Act amendment-simple
possession.
Sec. 304. Technical amendments to tonnage measurement law.
Sec. 305. Adjustment of liability limits for natural gas deepwater
ports.
Sec. 306. Period of limitations for claims against Oil Spill Liability
Trust Fund.
Sec. 307. Merchant mariner document standards.
Sec. 308. Report on Coast Guard determinations.
Sec. 309. Ship emission reduction technology demonstration project.
Sec. 310. Phaseout of vessels supporting oil and gas development.
Sec. 311. Arctic marine shipping assessment implementation.
Sec. 312. Supplemental positioning system.
Sec. 313. Dual escort vessels for double hulled tankers in Prince
William Sound, Alaska.
TITLE IV--GREAT LAKES ICEBREAKER
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Authorization of appropriations.
TITLE V--ACQUISITION REFORM
Sec. 501. Short title.
Sec. 502. Definitions.
Subtitle A--Restrictions on the Use of Lead Systems Integrators
Sec. 511. Procurement structure.
Subtitle B--Coast Guard Acquisition Policy
Sec. 521. Operational requirements.
Sec. 522. Required contract terms.
Sec. 523. Life-cycle cost estimates.
Sec. 524. Test and evaluation.
Sec. 525. Capability standards.
Sec. 526. Acquisition program reports.
Sec. 527. Undefinitized contractual actions.
Sec. 528. Guidance on excessive pass-through charges.
Sec. 529. Acquisition of major capabilities: Alternatives analysis.
Sec. 530. Cost overruns and delays.
Sec. 531. Report on former Coast Guard officials employed by
contractors to the agency.
Sec. 532. Department of Defense consultation.
Subtitle C--Coast Guard Personnel
Sec. 541. Chief Acquisition Officer.
Sec. 542. Improvements in Coast Guard acquisition management.
Sec. 543. Recognition of Coast Guard personnel for excellence in
acquisition.
Sec. 544. Coast Guard acquisition workforce expedited hiring authority.
TITLE VI--MARITIME WORKFORCE DEVELOPMENT
Sec. 601. Short title.
Sec. 602. Maritime education loan program.
TITLE VII--COAST GUARD MODERNIZATION
Sec. 701. Short title.
Subtitle A--Coast Guard Leadership
Sec. 711. Admirals and Vice Admirals.
Subtitle B--Marine Safety Administration
Sec. 721. Marine safety.
Sec. 722. Marine safety staff.
Sec. 723. Marine safety mission priorities and long-term goals.
Sec. 724. Powers and duties.
Sec. 725. Appeals and waivers.
Sec. 726. Coast Guard Academy.
Sec. 727. Report regarding civilian marine inspectors.
TITLE VIII--MARINE SAFETY
Sec. 801. Short title.
Sec. 802. Vessel size limits.
Sec. 803. Cold weather survival training.
Sec. 804. Fishing vessel safety.
Sec. 805. Mariner records.
Sec. 806. Deletion of exemption of license requirement for operators of
certain towing vessels.
Sec. 807. Log books.
Sec. 808. Safe operations and equipment standards.
Sec. 809. Approval of survival craft.
Sec. 810. Safety management.
Sec. 811. Protection against discrimination.
Sec. 812. Oil fuel tank protection.
Sec. 813. Oaths.
Sec. 814. Duration of credentials.
Sec. 815. Fingerprinting.
Sec. 816. Authorization to extend the duration of licenses,
certificates of registry, and merchant mariners' documents.
Sec. 817. Merchant mariner documentation.
Sec. 818. Merchant mariner assistance report.
Sec. 819. Offshore supply vessels.
Sec. 820. Associated equipment.
Sec. 821. Lifesaving devices on uninspected vessels.
Sec. 822. Study of blended fuels in marine application.
Sec. 823. Renewal of advisory committees.
TITLE IX--CRUISE VESSEL SAFETY
Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Cruise vessel security and safety requirements.
Sec. 904. Study and report on the security needs of passenger vessels.
TITLE X--UNITED STATES MARINER PROTECTION
Sec. 1001. Short title.
Sec. 1002. Use force against piracy.
Sec. 1003. Agreements.
TITLE XI--PORT SECURITY
Sec. 1101. Maritime homeland security public awareness program.
Sec. 1102. Transportation Worker Identification Credential.
Sec. 1103. Review of interagency operational centers.
Sec. 1104. Maritime security response teams.
Sec. 1105. Coast Guard detection canine team program expansion.
Sec. 1106. Coast Guard port assistance program.
Sec. 1107. Maritime biometric identification.
Sec. 1108. Review of potential threats.
Sec. 1109. Port security pilot.
Sec. 1110. Seasonal workers.
Sec. 1111. Comparative risk assessment of vessel-based and facility-
based liquefied natural gas regasification processes.
Sec. 1112. Pilot Program for fingerprinting of maritime workers.
Sec. 1113. Transportation security cards on vessels.
Sec. 1114. International labor study.
Sec. 1115. Maritime Security Advisory Committees.
Sec. 1116. Seamen's shoreside access.
Sec. 1117. Waterside security around especially hazardous material
terminals and tankers.
Sec. 1118. Review of Liquefied Natural Gas Facilities.
Sec. 1119. Use of secondary authentication for transportation security
cards.
Sec. 1120. Report on State and local law enforcement augmentation of
Coast Guard resources with respect to security zones and United States
ports.
Sec. 1121. Assessment of transportation security card enrollment sites.
TITLE XII--ALIEN SMUGGLING
Sec. 1201. Short title.
Sec. 1202. Findings.
Sec. 1203. Checks against terrorist watchlist.
Sec. 1204. Strengthening prosecution and punishment of alien smugglers.
Sec. 1205. Maritime law enforcement.
Sec. 1206. Amendment to the sentencing guidelines.
TITLE XIII--MISCELLANEOUS PROVISIONS
Sec. 1301. Certificate of documentation for GALLANT LADY.
Sec. 1302. Waivers.
Sec. 1303. Great Lakes Maritime Research Institute.
Sec. 1304. Conveyance of Coast Guard Boat House, Nantucket,
Massachusetts.
Sec. 1305. Crew wages on passenger vessels.
Sec. 1306. Technical corrections.
Sec. 1307. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 1308. Conveyance of Coast Guard HU-25 Falcon Jet aircraft.
Sec. 1309. Decommissioned Coast Guard vessels for Haiti.
Sec. 1310. Phaseout of vessels supporting oil and gas development.
Sec. 1311. Vessel traffic risk assessment.
Sec. 1312. Study of relocation of Coast Guard Sector Buffalo
facilities.
Sec. 1313. Conveyance of Coast Guard vessels to Mississippi.
Sec. 1314. Coast Guard assets for United States Virgin Islands.
Sec. 1315. Officer requirements for distant water tuna vessels.
Sec. 1316. Assessment of needs for additional Coast Guard presence in
high latitude regions.
Sec. 1317. Study of regional response vessel and salvage capability for
Olympic Peninsula coast, Washington.
Sec. 1318. Study of bridges over navigable waters.
Sec. 1319. Limitation on jurisdiction of States to tax certain seamen.
Sec. 1320. Decommissioned Coast Guard vessels for Bermuda.
Sec. 1321. Conveyance of Coast Guard vessels to Nassau County, New
York.
Sec. 1322. Newtown Creek, New York City, New York.
Sec. 1323. Land conveyance, Coast Guard property in Marquette County,
Michigan, to the City of Marquette, Michigan.
Sec. 1324. Mission requirement analysis for navigable portions of the
Rio Grande River, Texas, international water boundary.
Sec. 1325. Conveyance of Coast Guard property in Cheboygan, Michigan.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2010 for
necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$6,838,291,000, of which--
(A) $24,500,000 is authorized to be derived from the
Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5));
(B) $1,110,923,000 shall be available only for paying
for search and rescue programs;
(C) $802,423,000 shall be available only for paying
for marine safety programs; and
(D) $2,274,312,000 shall be available only for paying
for ports, waterways, and coastal security.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,597,580,000, of which--
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990, to
remain available until expended;
(B) $1,194,780,000 is authorized for the Integrated
Deepwater System Program; and
(C) $45,000,000 is authorized for shore facilities
and aids to navigation.
(3) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials,
and human factors directly relating to improving the
performance of the Coast Guard's mission in search and rescue,
aids to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice operations,
oceanographic research, and defense readiness, $29,745,000, to
remain available until expended, of which $500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $1,361,245,000, to remain
available until expended.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $16,000,000.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operation and maintenance), $13,198,000, to remain
available until expended.
(7) For the Coast Guard Reserve program, including personnel
and training costs, equipment, and services, $133,632,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 47,000 for the fiscal year
ending on September 30, 2010.
(b) Military Training Student Loads.--For fiscal year 2010, the Coast
Guard is authorized average military training student loads as follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 165 student years.
(3) For professional training in military and civilian
institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
TITLE II--COAST GUARD
SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 153. Appointment of judges
``The Secretary may appoint civilian employees of the Department in
which the Coast Guard is operating as appellate military judges,
available for assignment to the Coast Guard Court of Criminal Appeals
as provided for in section 866(a) of title 10.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``153. Appointment of judges.''.
SEC. 202. INDUSTRIAL ACTIVITIES.
Section 151 of title 14, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``All orders'';
and
(2) by adding at the end the following:
``(b) Orders and Agreements for Industrial Activities.--Under this
section, the Coast Guard industrial activities may accept orders from
and enter into reimbursable agreements with establishments, agencies,
and departments of the Department of Defense.''.
SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.
(a) In General.--Chapter 13 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 518. Reimbursement for medical-related travel expenses for
certain persons residing on islands in the
continental United States
``In any case in which a covered beneficiary (as defined in section
1072(5) of title 10) resides on an island that is located in the 48
contiguous States and the District of Columbia and that lacks public
access roads to the mainland and is referred by a primary care
physician to a specialty care provider (as defined in section 1074i(b)
of title 10) on the mainland who provides services less than 100 miles
from the location where the beneficiary resides, the Secretary shall
reimburse the reasonable travel expenses of the covered beneficiary
and, when accompaniment by an adult is necessary, for a parent or
guardian of the covered beneficiary or another member of the covered
beneficiary's family who is at least 21 years of age.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``518. Reimbursement for medical-related travel expenses for certain
persons residing on islands in the continental United States.''.
SEC. 204. COMMISSIONED OFFICERS.
(a) Active Duty Promotion List.--Section 42 of title 14, United
States Code, is amended to read as follows:
``Sec. 42. Number and distribution of commissioned officers on active
duty promotion list
``(a) Maximum Total Number.--The total number of Coast Guard
commissioned officers on the active duty promotion list, excluding
warrant officers, shall not exceed 6,700; except that the Commandant
may temporarily increase that number by up to 2 percent for no more
than 60 days following the date of the commissioning of a Coast Guard
Academy class.
``(b) Distribution Percentages by Grade.--
``(1) Required.--The total number of commissioned officers
authorized by this section shall be distributed in grade in the
following percentages: 0.375 percent for rear admiral; 0.375
percent for rear admiral (lower half); 6.0 percent for captain;
15.0 percent for commander; and 22.0 percent for lieutenant
commander.
``(2) Discretionary.--The Secretary shall prescribe the
percentages applicable to the grades of lieutenant, lieutenant
(junior grade), and ensign.
``(3) Authority of secretary to reduce percentage.--The
Secretary--
``(A) may reduce, as the needs of the Coast Guard
require, any of the percentages set forth in paragraph
(1); and
``(B) shall apply that total percentage reduction to
any other lower grade or combination of lower grades.
``(c) Computations.--
``(1) In general.--The Secretary shall compute, at least once
each year, the total number of commissioned officers authorized
to serve in each grade by applying the grade distribution
percentages established by or under this section to the total
number of commissioned officers listed on the current active
duty promotion list.
``(2) Rounding fractions.--Subject to subsection (a), in
making the computations under paragraph (1), any fraction shall
be rounded to the nearest whole number.
``(3) Treatment of officers serving outside coast guard.--The
number of commissioned officers on the active duty promotion
list below the rank of rear admiral (lower half) serving with
other Federal departments or agencies on a reimbursable basis
or excluded under section 324(d) of title 49 shall not be
counted against the total number of commissioned officers
authorized to serve in each grade.
``(d) Use of Numbers; Temporary Increases.--The numbers resulting
from computations under subsection (c) shall be, for all purposes, the
authorized number in each grade; except that the authorized number for
a grade is temporarily increased during the period between one
computation and the next by the number of officers originally appointed
in that grade during that period and the number of officers of that
grade for whom vacancies exist in the next higher grade but whose
promotion has been delayed for any reason.
``(e) Officers Serving Coast Guard Academy and Reserve.--The number
of officers authorized to be serving on active duty in each grade of
the permanent commissioned teaching staff of the Coast Guard Academy
and of the Reserve serving in connection with organizing,
administering, recruiting, instructing, or training the reserve
components shall be prescribed by the Secretary.''.
(b) Clerical Amendment.--The analysis for chapter 3 of such title is
amended by striking the item relating to section 42 and inserting the
following:
``42. Number and distribution of commissioned officers on active duty
promotion list.''.
SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME
(AFRH) SYSTEM.
(a) In General.--Section 1502 of the Armed Forces Retirement Home Act
of 1991 (24 U.S.C. 401) is amended--
(1) by striking paragraph (4);
(2) in paragraph (5)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of subparagraph
(D) and inserting ``; and''; and
(C) by inserting at the end the following:
``(E) the Assistant Commandant of the Coast Guard for
Human Resources.''; and
(3) by adding at the end of paragraph (6) the following:
``(E) The Master Chief Petty Officer of the Coast
Guard.''.
(b) Conforming Amendments.--(1) Section 2772 of title 10, United
States Code, is amended--
(A) in subsection (a) by inserting ``or, in the case of the
Coast Guard, the Commandant'' after ``concerned''; and
(B) by striking subsection (c).
(2) Section 1007(i) of title 37, United States Code, is amended--
(A) in paragraph (3) by inserting ``or, in the case of the
Coast Guard, the Commandant'' after ``Secretary of Defense'';
(B) by striking paragraph (4); and
(C) by redesignating paragraph (5) as paragraph (4).
SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.
Section 149 of title 14, United States Code, is amended by adding at
the end the following:
``(c) Grants to International Maritime Organizations.--After
consultation with the Secretary of State, the Commandant may make
grants to, or enter into cooperative agreements, contracts, or other
agreements with, international maritime organizations for the purpose
of acquiring information or data about merchant vessel inspections,
security, safety, classification, and port state or flag state law
enforcement or oversight.''.
SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by inserting after section 425 the following:
``Sec. 426. Emergency leave retention authority
``With regard to a member of the Coast Guard who serves on active
duty, a duty assignment in support of a declaration of a major disaster
or emergency by the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be
treated, for the purpose of section 701(f)(2) of title 10, a duty
assignment in support of a contingency operation.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
inserting after the item relating to section 425 the following new
item:
``426. Emergency leave retention authority.''.
SEC. 208. ENFORCEMENT AUTHORITY.
(a) In General.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 99. Enforcement authority
``Subject to guidelines approved by the Secretary, members of the
Coast Guard, in the performance of official duties, may--
``(1) carry a firearm; and
``(2) while at a facility (as defined in section 70101 of
title 46)--
``(A) make an arrest without warrant for any offense
against the United States committed in their presence;
and
``(B) seize property as otherwise provided by law.''.
(b) Conforming Repeal.--The first section added to title 46, United
States Code, by the amendment made by subsection (a) of section 801 of
the Coast Guard and Maritime Transportation Act of 2004 (118 Stat.
1078), and the item relating to such first section enacted by the
amendment made by subsection (b) of such section 801, are repealed.
(c) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``99. Enforcement authority.''.
SEC. 209. REPEAL.
Section 216 of title 14, United States Code, and the item relating to
such section in the analysis for chapter 11 of such title, are
repealed.
SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.
(a) In General.--Chapter 71 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 7115. Merchant Mariner Medical Advisory Committee
``(a) Establishment.--
``(1) In general.--There is established a Merchant Mariner
Medical Advisory Committee (in this section referred to as the
`Committee').
``(2) Functions.--The Committee shall advise the Secretary on
matters relating to--
``(A) medical certification determinations for
issuance of merchant mariner credentials;
``(B) medical standards and guidelines for the
physical qualifications of operators of commercial
vessels;
``(C) medical examiner education; and
``(D) medical research.
``(b) Membership.--
``(1) In general.--The Committee shall consist of 14 members,
none of whom is a Federal employee, and shall include--
``(A) ten who are health-care professionals with
particular expertise, knowledge, or experience
regarding the medical examinations of merchant mariners
or occupational medicine; and
``(B) four who are professional mariners with
knowledge and experience in mariner occupational
requirements.
``(2) Status of members.--Members of the Committee shall not
be considered Federal employees or otherwise in the service or
the employment of the Federal Government, except that members
shall be considered special Government employees, as defined in
section 202(a) of title 18, United States Code, and shall be
subject to any administrative standards of conduct applicable
to the employees of the department in which the Coast Guard is
operating.
``(c) Appointments; Terms; Vacancies.--
``(1) Appointments.--The Secretary shall appoint the members
of the Committee, and each member shall serve at the pleasure
of the Secretary.
``(2) Terms.--Each member shall be appointed for a term of
three years, except that, of the members first appointed, three
members shall be appointed for a term of two years and three
members shall be appointed for a term of one year.
``(3) Vacancies.--Any member appointed to fill the vacancy
prior to the expiration of the term for which that member's
predecessor was appointed shall be appointed for the remainder
of that term.
``(d) Chairman and Vice Chairman.--The Secretary shall designate one
member of the Committee as the Chairman and one member as the Vice
Chairman. The Vice Chairman shall act as Chairman in the absence or
incapacity of, or in the event of a vacancy in the office of, the
Chairman.
``(e) Compensation; Reimbursement.--Members of the Committee shall
serve without compensation, except that, while engaged in the
performance of duties away from their homes or regular places of
business of the member, the member of the Committee may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5.
``(f) Staff; Services.--The Secretary shall furnish to the Committee
the personnel and services as are considered necessary for the conduct
of its business.''.
(b) First Meeting.--No later than six months after the date of
enactment of this Act, the Merchant Mariner Medical Advisory Committee
established by the amendment made by this section shall hold its first
meeting.
(c) Clerical Amendment.--The analysis for chapter 71 of that title is
amended by adding at the end the following:
``7115. Merchant Mariner Medical Advisory Committee.''.
SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT PROGRAM.
Section 214(a) of title 14, United States Code, is amended to read as
follows:
``(a) The president may appoint temporary commissioned officers--
``(1) in the Regular Coast Guard in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers, warrant
officers, and enlisted members of the Coast Guard, and from
holders of licenses issued under chapter 71 of title 46; and
``(2) in the Coast Guard Reserve in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers of the
Coast Guard Reserve.''.
SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.
Chapter 11 of title 14, United States Code, is amended--
(1) in section 253(a)--
(A) by inserting ``and'' after ``considered,''; and
(B) by striking ``, and the number of officers the
board may recommend for promotion'';
(2) in section 258--
(A) by inserting ``(a) In General.--'' before the
existing text;
(B) in subsection (a) (as so designated) by striking
the colon at the end of the material preceding
paragraph (1) and inserting ``--''; and
(C) by adding at the end the following:
``(b) Provision of Direction and Guidance.--
``(1) In addition to the information provided pursuant to
subsection (a), the Secretary may furnish the selection board--
``(A) specific direction relating to the needs of the
Coast Guard for officers having particular skills,
including direction relating to the need for a minimum
number of officers with particular skills within a
specialty; and
``(B) any other guidance that the Secretary believes
may be necessary to enable the board to properly
perform its functions.
``(2) Selections made based on the direction and guidance
provided under this subsection shall not exceed the maximum
percentage of officers who may be selected from below the
announced promotion zone at any given selection board convened
under section 251 of this title.'';
(3) in section 259(a), by inserting after ``whom the board''
the following: ``, giving due consideration to the needs of the
Coast Guard for officers with particular skills so noted in
specific direction furnished to the board by the Secretary
under section 258 of this title,''; and
(4) in section 260(b), by inserting after ``qualified for
promotion'' the following: ``to meet the needs of the service
(as noted in specific direction furnished the board by the
Secretary under section 258 of this title)''.
SEC. 213. LASER TRAINING SYSTEM.
(a) In General.--Within one year after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard shall
test an integrated laser engagement system for the training of members
of the Coast Guard assigned to small vessels in the use of individual
weapons and machine guns on those vessels. The test shall be conducted
on vessels on the Great Lakes using similar laser equipment used by
other Federal agencies. However, that equipment shall be adapted for
use in the marine environment.
(b) Report.--The Secretary shall submit a report to the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate within 6 months after the
conclusions of the test required under subsection (a) on the costs and
benefits of using the system regionally and nationwide to train members
of the Coast Guard in the use of individual weapons and machine guns.
SEC. 214. COAST GUARD VESSELS AND AIRCRAFT.
(a) Authority To Fire At or Into a Vessel.--Section 637(c) of title
14, United States Code, is amended--
(1) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) any other vessel or aircraft on government
noncommercial service when--
``(A) the vessel or aircraft is under the tactical
control of the Coast Guard; and
``(B) at least one member of the Coast Guard is
assigned and conducting a Coast Guard mission on the
vessel or aircraft.''.
(b) Authority To Display Coast Guard Ensigns and Pennants.--Section
638(a) of title 14, United States Code, is amended by striking ``Coast
Guard vessels and aircraft'' and inserting ``Vessels and aircraft
authorized by the Secretary''.
SEC. 215. COAST GUARD DISTRICT OMBUDSMEN.
(a) In General.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following new section:
``Sec. 55. District Ombudsmen
``(a) In General.--The Commandant shall appoint an employee of the
Coast Guard in each Coast Guard District as a District Ombudsman to
serve as a liaison between ports, terminal operators, shipowners, and
labor representatives and the Coast Guard.
``(b) Purpose.--The purpose of the District Ombudsman shall be the
following:
``(1) To support the operations of the Coast Guard in each
port in the District for which the District Ombudsman is
appointed.
``(2) To improve communications between and among port
stakeholders including, port and terminal operators, ship
owners, labor representatives, and the Coast Guard.
``(3) To seek to resolve disputes between the Coast Guard and
all petitioners regarding requirements imposed or services
provided by the Coast Guard.
``(c) Functions.--
``(1) Complaints.--The District Ombudsman may examine
complaints brought to the attention of the District Ombudsman
by a petitioner operating in a port or by Coast Guard
personnel.
``(2) Guidelines for disputes.--
``(A) In general.--The District Ombudsman shall
develop guidelines regarding the types of disputes with
respect to which the District Ombudsman will provide
assistance.
``(B) Limitation.--The District Ombudsman shall not
provide assistance with respect to a dispute unless it
involves the impact of Coast Guard requirements on port
business and the flow of commerce.
``(C) Priority.--In providing such assistance, the
District Ombudsman shall give priority to complaints
brought by petitioners who believe they will suffer a
significant hardship as the result of implementing a
Coast Guard requirement or being denied a Coast Guard
service.
``(3) Consultation.--The District Ombudsman may consult with
any Coast Guard personnel who can aid in the investigation of a
complaint.
``(4) Access to information.--The District Ombudsman shall
have access to any Coast Guard document, including any record
or report, that will aid the District Ombudsman in obtaining
the information needed to conduct an investigation of a
compliant.
``(5) Reports.--At the conclusion of an investigation, the
District Ombudsman shall submit a report on the findings and
recommendations of the District Ombudsman, to the Commander of
the District in which the petitioner who brought the complaint
is located or operating.
``(6) Deadline.--The District Ombudsman shall seek to resolve
each complaint brought in accordance with the guidelines--
``(A) in a timely fashion; and
``(B) not later than 4 months after the complaint is
officially accepted by the District Ombudsman.
``(d) Appointment.--The Commandant shall appoint as the District
Ombudsman a civilian who has experience in port and transportation
systems and knowledge of port operations or of maritime commerce (or
both).
``(e) Annual Reports.--The Secretary shall report annually to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the matters brought before the District
Ombudsmen, including--
``(1) the number of matters brought before each District
Ombudsman;
``(2) a brief summary of each such matter; and
``(3) the eventual resolution of each such matter.''.
(b) Clerical Amendment.--The analysis at the beginning of that
chapter is amended by adding at the end the following new item:
``55. District Ombudsmen.''.
SEC. 216. COAST GUARD COMMISSIONED OFFICERS: COMPULSORY RETIREMENT.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by striking section 293 and inserting the following:
``Sec. 293. Compulsory retirement
``(a) Regular Commissioned Officers.--Any regular commissioned
officer, except a commissioned warrant officer, serving in a grade
below rear admiral (lower half) shall be retired on the first day of
the month following the month in which the officer becomes 62 years of
age.
``(b) Flag-Officer Grades.--(1) Except as provided in paragraph (2),
any regular commissioned officer serving in a grade of rear admiral
(lower half) or above shall be retired on the first day of the month
following the month in which the officer becomes 64 years of age.
``(2) The retirement of an officer under paragraph (1) may be
deferred--
``(A) by the President, but such a deferment may not extend
beyond the first day of the month following the month in which
the officer becomes 68 years of age; or
``(B) by the Secretary of the department in which the Coast
Guard is operating, but such a deferment may not extend beyond
the first day of the month following the month in which the
officer becomes 66 years of age.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by striking the item relating to such section and
inserting the following:
``293. Compulsory retirement.''.
SEC. 217. ENFORCEMENT OF COASTWISE TRADE LAWS.
(a) In General.--Chapter 5 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 100. Enforcement of coastwise trade laws
``Officers and members of the Coast Guard are authorized to enforce
chapter 551 of title 46. The Secretary shall establish a program for
these officers and members to enforce that chapter, including the
application of those laws to vessels that support the exploration,
development, and production of oil, gas, or mineral resources in the
Gulf of Mexico.''.
(b) Clerical Amendment.--The analysis for that chapter is further
amended by adding at the end the following new item:
``100. Enforcement of coastwise trade laws.''.
(c) Report.--The Secretary of the department in which the Coast Guard
is operating shall submit a report to the Committee on Transportation
and Infrastructure of the House of Representatives and the Senate
Committee on Commerce, Science, and Transportation within one year
after the date of enactment of this Act on the enforcement strategies
and enforcement actions taken to enforce the coastwise trade laws.
SEC. 218. ACADEMY NOMINATIONS.
(a) Appointment.--Section 182(a) of title 14, United States Code, is
amended to read as follows:
``(a) Corps of Cadets; Number; Nomination.--
``(1) The authorized strength of the Corps of Cadets
(determined for any academic program year as of the day before
the last day of the academic program year) is 1,000, excluding
those foreign nationals admitted for instructions pursuant to
section 195. Subject to that limitation, cadets are selected as
follows:
``(A) Not more than 10 individuals, appointed by the
Secretary of Homeland Security, in order of merit as
established by competitive examination, from the
children of members of the Armed Forces who were killed
in action or died of, or have a service-connected
disability at not less than 100 per centum resulting
from, wounds or injuries received or diseases
contracted in, or preexisting injury or disease
aggravated by, active service, children of members who
are in a `missing status' (as defined in section 551(2)
of title 37), and children of civilian employees who
are in `missing status' (as defined in section 5561(5)
of title 5). The determination of the Department of
Veterans Affairs as to service connection of the cause
of death or disability is rated, is binding upon the
Secretary.
``(B) Not less than one, nominated at large by the
Vice President or, if there is no Vice President, by
the President pro tempore of the Senate.
``(C) Not less than one, nominated by each Senator.
``(D) Not less than one, nominated by each
Representative in Congress.
``(E) Not less than one, nominated by the Delegate to
the House of Representatives from the District of
Columbia, the Delegate in Congress from the Virgin
Islands, the Resident Commissioner from Puerto Rico,
the Delegate in Congress from Guam, the Delegate in
Congress from American Samoa, or the Resident
Representative from the Commonwealth of the Northern
Mariana Islands.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner and the Resident
Representative, is entitled to nominate 10 persons each year.
Cadets who do not graduate on time shall not count against the
allocations pursuant to subparagraphs (B)-(E). Nominees may be
submitted without ranking or with a principal candidate and 9
ranked or unranked alternates. A nominee not selected for
appointment under this paragraph shall be considered an
alternate for the purposes of appointment under paragraph (2).
``(2) The Secretary may appoint, each academic program year,
individuals who are either--
``(A) alternates nominated pursuant to paragraph (1)
(C), (D), or (E); or
``(B) applicants who applied directly for admission.
``(3) In addition, the Secretary may appoint, each academic
program year, individuals who are--
``(A) children of members of the Armed Forces who--
``(i) are on active duty (other than for
training) and who have served continuously on
active duty for at least eight years;
``(ii) are, or who died while they were,
retired with pay or granted retired or retainer
pay;
``(iii) are serving as members of reserve
components and are credited with at least eight
years of service;
``(iv) would be, or who died while they would
have been, entitled to retired pay, except for
not having attained 60 years of age; or
``(v) have been awarded the Medal of Honor;
the total number of whom cannot exceed 5 percent of the
class to be admitted; however, a person who is eligible
for selection under subsection (a)(1)(A) may not be
selected under this subparagraph;
``(B) enlisted members of the Coast Guard or the
Coast Guard Reserve, the total number of whom cannot
exceed 5 percent of the class to be admitted;
``(C) graduates of the Coast Guard Scholars program,
the total number of whom cannot exceed 30 percent of
the class to be admitted; and
``(D) individuals who possess qualities that the
Superintendent identifies to be of particular value to
the Academy and the Service, the total number of whom
cannot exceed 20 percent of the class to be admitted.
``(4) An individual shall be qualified for nomination,
selection, and appointment as a cadet at the Academy only if
the individual--
``(A) is a citizen or national of the United States;
and
``(B) meets such minimum requirements that the
Secretary may establish.
``(5) The Superintendent shall furnish to any Member of
Congress, upon the written request of such Member, the name of
the Congressman or other nominating authority responsible for
the nomination of any named or identified person for
appointment to the Academy.
``(6) For purposes of the limitation in subsection (a)(1)
establishing the aggregate authorized strength of the Corps of
Cadets, the Secretary may, for any academic program year,
permit a variance in that limitation by not more than 5
percent. In applying that limitation, and any such variance,
the last day of an academic program year shall be considered to
be graduation day.''.
(b) Transition.--This section shall provide for the nomination,
selection, and appointment of individuals, pursuant to section 182 of
title 14, United States Code, who will matriculate in academic program
year 2012 and thereafter, except that for--
(1) academic program year 2012, no less than 135 cadets of
the corps (or 14 percent of the corps, whichever is smaller)
shall be from nominations made pursuant to section
182(a)(1)(B)-(E);
(2) academic program year 2013, no less than 270 cadets of
the corps (or 27 percent of the corps, whichever is smaller)
shall be from nominations made pursuant to section
182(a)(1)(B)-(E); and
(3) academic program year 2014, no less than 405 cadets of
the corps (or 41 percent of the corps, which ever is smaller)
shall be from nominations made pursuant to section
182(a)(1)(B)-(E).
The Secretary is hereby authorized to take any additional action the
Secretary believes necessary and proper to provide for the transition
to the nomination, selection, and appointment process provided under
this section.
(c) Minority Recruiting Program.--
(1) In general.--Chapter 9 of title 14, United States Code,
is amended by adding at the end the following new section:
``Sec. 199. Minority recruiting program
``The Secretary of the department in which the Coast Guard is
operating shall establish a minority recruiting program for prospective
cadets at the Coast Guard Academy. The program may include--
``(1) use of minority cadets and officers to provide
information regarding the Coast Guard and the Academy to
students in high schools;
``(2) sponsoring of trips to high school teachers and
guidance counselors to the Academy;
``(3) to the extent authorized by the Secretary of the Navy,
maximizing the use of the Naval Academy Preparatory School to
prepare students to be cadets at the Coast Guard Academy;
``(4) recruiting minority members of the Coast Guard to
attend the Academy;
``(5) establishment of a minority affairs office at the
Academy; and
``(6) use of minority officers and members of the Coast Guard
Reserve and Auxiliary to promote the Academy.''.
(2) Clerical amendment.--The table of sections for that
chapter is amended by adding at the end the following new item:
``199. Minority recruiting program.''.
SEC. 219. REPORT ON SEXUAL ASSAULTS IN THE COAST GUARD.
(a) In General.--Not later than January 15 of each year, the
Commandant of the Coast Guard shall submit a report on the sexual
assaults involving members of the Coast Guard to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
(b) Contents.--The report required under subsection (a) shall contain
the following:
(1) The number of sexual assaults against members of the
Coast Guard, and the number of sexual assaults by members of
the Coast Guard, that were reported to military officials
during the year covered by such report, and the number of the
cases so reported that were substantiated.
(2) A synopsis of, and the disciplinary action taken in, each
substantiated case.
(3) The policies, procedures, and processes implemented by
the Secretary concerned during the year covered by such report
in response to incidents of sexual assault involving members of
the Coast Guard concerned.
(4) A plan for the actions that are to be taken in the year
following the year covered by such report on the prevention of
and response to sexual assault involving members of the Coast
Guard concerned.
SEC. 220. HOME PORT OF COAST GUARD VESSELS IN GUAM.
Section 96 of title 14, United States Code, is amended--
(1) by striking ``a State of the United States'' and
inserting ``the United States or Guam''; and
(2) by inserting ``or Guam'' after ``outside the United
States''.
SEC. 221. MINORITY SERVING INSTITUTIONS.
(a) MSI Management Internship Program.--
(1) Establishment and purpose.--The Commandant of the Coast
Guard shall establish a two part management internship program
for students at minority serving institutions (MSI) to intern
at Coast Guard headquarters or a Coast Guard regional office,
to be known as the ``MSI Management Internship Program'', to
develop a cadre of civilian, career mid-level and senior
managers for the Coast Guard.
(2) Operation.--The MSI Management Internship Program shall
be managed by the Secretary of Homeland Security, acting
through the Commandant of the Coast Guard, in coordination with
National Association for Equal Opportunity in Higher Education,
the Hispanic Association of Colleges and Universities, and the
American Indian Higher Education Consortium and other non-
profit educational organizations that can undertake effective
recruitment efforts to attract minority students and students
with disabilities.
(3) Criteria for selection.--Participation in the MSI
Management Internship Program shall be open to sophomores,
juniors, and seniors at minority serving institutions, with an
emphasis on such students who are majoring in management or
business administration, international affairs, political
science, marine sciences, criminal justice, or any other major
related to homeland security.
(4) Authorization of appropriations.--There are authorized to
be appropriated $2,000,000 to the Commandant to carry out this
subsection.
(b) MSI Initiatives.--
(1) Establishment of msi student pre-commissioning
initiative.--The Commandant of the Coast Guard shall establish
an MSI component of the College Student Pre-Commissioning
Initiative (to be known as the ``MSI Student Pre-Commissioning
Initiative Program'') to ensure greater participation by
students from MSIs in the College Student Pre-Commissioning
Initiative.
(2) Participation in officer candidate school.--The
Commandant of the Coast Guard shall ensure that graduates of
the MSI Student Pre-Commissioning Initiative Program are
included in the first enrollment for Officer Candidate School
that commences after the date of enactment of this Act and each
enrollment period thereafter.
(3) Reports.--Not later than 90 days after the conclusion of
each academic year with respect to which the College Student
Pre-Commissioning Initiative and the MSI Student Pre-
Commissioning Initiative Program is carried out beginning with
the first full academic year after the date of the enactment of
this Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security of the House of Representatives and the Committee on
Commerce of the Senate a report on the number of students in
the College Student Pre-Commissioning Initiative and the number
of students in the MSI Student Pre-Commissioning Initiative
Program, outreach efforts, and demographic information of
enrollees including, age, gender, race, and disability.
(4) Establishment of msi aviation officer corps initiative.--
The Commandant of the Coast Guard shall establish an MSI
Aviation Officer Corps Initiative to increase the diversity of
the Coast Guard Aviation Officer Corps through an integrated
recruiting, accession, training, and assignment process that
offers guaranteed flight school opportunities to students from
minority serving institutions.
(5) Authorization of appropriations.--There are authorized to
be appropriated $3,000,000 to the Commandant to carry out this
subsection.
(c) Coast Guard-MSI Cooperative Technology Program.--
(1) Establishment.--The Commandant of the Coast Guard shall
establish a Coast Guard Laboratory of Excellence-MSI
Cooperative Technology Program at three minority serving
institutions to focus on priority security areas for the Coast
Guard, such as global maritime surveillance, resilience, and
recovery.
(2) Collaboration.--The Commandant shall encourage
collaboration among the minority serving institutions selected
under paragraph (1) and institutions of higher education with
institutional research and academic program resources and
experience.
(3) Partnerships.--The heads of the laboratories established
at the minority serving institutions pursuant to paragraph (1)
may seek to establish partnerships with the private sector,
especially small, disadvantaged businesses, to--
(A) develop increased research and development
capacity;
(B) increase the number of baccalaureate and graduate
degree holders in science, technology, engineering,
mathematics (STEM), and information technology or other
fields critical to the mission of the Coast Guard; and
(C) strengthen instructional ability among faculty.
(4) Authorization of appropriations.--There are authorized to
be appropriated $2,500,000 to the Commandant to carry out this
subsection, including for instrumentation acquisition and
funding undergraduate student scholarships, graduate
fellowships, and faculty-post doctoral study.
(d) Definition.--For purposes of this section, the terms ``minority
serving institution'', ``minority serving institutions'', and ``MSI''
mean a historically Black college or university (as defined in section
322 of the Higher Education Act of 1965), a Hispanic-serving
institution (as defined in section 502 of such Act), a Tribal College
or University (as defined in section 316 of such Act), a Predominantly
Black institution (as defined in section 499A(c) of such Act), or a
Native American-serving nontribal institution (as defined in section
499A(c) of such Act).
TITLE III--SHIPPING AND NAVIGATION
SEC. 301. GOODS AND SERVICES.
Section 4(b) of the Act of July 5, 1884, commonly known as the Rivers
and Harbors Appropriation Act of 1884 (33 U.S.C. 5(b)), is amended--
(1) by striking ``or'' at the end of paragraph (2)(C);
(2) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) sales taxes on goods and services provided to or by
vessels or watercraft (other than vessels or watercraft
primarily engaged in foreign commerce).''.
SEC. 302. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.
Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33
U.S.C. 471) is amended--
(1) by striking ``That the'' and inserting the following:
``(a) In General.--The''.
(2) in subsection (a) (as designated by paragraph (1)) by
striking ``$100; and the'' and inserting ``up to $10,000. Each
day during which a violation continues shall constitute a
separate violation. The''; and
(3) by adding at the end the following:
``(b) Definition.--As used in this section `navigable waters of the
United States' includes all waters of the territorial sea of the United
States as described in Presidential Proclamation No. 5928 of December
27, 1988.''.
SEC. 303. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE
POSSESSION.
Section 70506 of title 46, United States Code, is amended by adding
at the end the following:
``(c) Simple Possession.--
``(1) In general.--Any individual on a vessel subject to the
jurisdiction of the United States who is found by the
Secretary, after notice and an opportunity for a hearing, to
have knowingly or intentionally possessed a controlled
substance within the meaning of the Controlled Substances Act
(21 U.S.C. 812) shall be liable to the United States for a
civil penalty of not to exceed $10,000 for each violation. The
Secretary shall notify the individual in writing of the amount
of the civil penalty.
``(2) Determination of amount.--In determining the amount of
the penalty, the Secretary shall consider the nature,
circumstances, extent, and gravity of the prohibited acts
committed and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and
other matters that justice requires.
``(3) Treatment of civil penalty assessment.--Assessment of a
civil penalty under this subsection shall not be considered a
conviction for purposes of State or Federal law but may be
considered proof of possession if such a determination is
relevant.''.
SEC. 304. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.
(a) Definitions.--Section 14101(4) of title 46, United States Code,
is amended--
(1) by striking ``engaged'' the first place it appears and
inserting ``that engages'';
(2) in subparagraph (A), by striking ``arriving'' and
inserting ``that arrives'';
(3) in subparagraph (B)--
(A) by striking ``making'' and inserting ``that
makes''; and
(B) by striking ``(except a foreign vessel engaged on
that voyage)'';
(4) in subparagraph (C), by striking ``departing'' and
inserting ``that departs''; and
(5) in subparagraph (D), by striking ``making'' and inserting
``that makes''.
(b) Delegation of Authority.--Section 14103(c) of that title is
amended by striking ``intended to be engaged on'' and inserting ``that
engages on''.
(c) Application.--Section 14301 of that title is amended--
(1) by amending subsection (a) to read as follows:
``(a) Except as otherwise provided in this section, this chapter
applies to any vessel for which the application of an international
agreement or other law of the United States to the vessel depends on
the vessel's tonnage.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking the period at the
end and inserting ``, unless the government of the
country to which the vessel belongs elects to measure
the vessel under this chapter.'';
(B) in paragraph (3), by inserting ``of United States
or Canadian registry or nationality, or a vessel
operated under the authority of the United States or
Canada, and that is'' after ``vessel'';
(C) in paragraph (4), by striking ``a vessel (except
a vessel engaged'' and inserting ``a vessel of United
States registry or nationality, or one operated under
the authority of the United States (except a vessel
that engages'';
(D) by striking paragraph (5);
(E) by redesignating paragraph (6) as paragraph (5);
and
(F) by amending paragraph (5), as so redesignated, to
read as follows:
``(5) a barge of United States registry or nationality, or a
barge operated under the authority of the United States (except
a barge that engages on a foreign voyage) unless the owner
requests.'';
(3) by striking subsection (c);
(4) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively; and
(5) in subsection (c), as redesignated, by striking ``After
July 18, 1994, an existing vessel (except an existing vessel
referred to in subsection (b)(5)(A) or (B) of this section)''
and inserting ``An existing vessel that has not undergone a
change that the Secretary finds substantially affects the
vessel's gross tonnage (or a vessel to which IMO Resolutions
A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17,
1983, or A.541 (XIII) of November 17, 1983, apply)''.
(d) Measurement.--Section 14302(b) of that title is amended to read
as follows:
``(b) A vessel measured under this chapter may not be required to be
measured under another law.''.
(e) Tonnage Certificate.--
(1) Issuance.--Section 14303 of title 46, United States Code,
is amended--
(A) in subsection (a), by adding at the end the
following: ``For a vessel to which the Convention does
not apply, the Secretary shall prescribe a certificate
to be issued as evidence of a vessel's measurement
under this chapter.'';
(B) in subsection (b), by inserting ``issued under
this section'' after ``certificate''; and
(C) in the section heading by striking
``International'' and ``(1969)''.
(2) Maintenance.--Section 14503 of that title is amended--
(A) by designating the existing text as subsection
(a); and
(B) by adding at the end the following new
subsection:
``(b) The certificate shall be maintained as required by the
Secretary.''.
(3) Clerical amendment.--The analysis at the beginning of
chapter 143 of that title is amended by striking the item
relating to section 14303 and inserting the following:
``14303. Tonnage Certificate.''.
(f) Optional Regulatory Measurement.--Section 14305(a) of that title
is amended by striking ``documented vessel measured under this
chapter,'' and inserting ``vessel measured under this chapter that is
of United States registry or nationality, or a vessel operated under
the authority of the United States,''.
(g) Application.--Section 14501 of that title is amended--
(1) by amending paragraph (1) to read as follows:
``(1) A vessel not measured under chapter 143 of this title
if the application of an international agreement or other law
of the United States to the vessel depends on the vessel's
tonnage.''; and
(2) in paragraph (2), by striking ``a vessel'' and inserting
``A vessel''.
(h) Dual Tonnage Measurement.--Section 14513(c) of that title is
amended--
(1) in paragraph (1)--
(A) by striking ``vessel's tonnage mark is below the
uppermost part of the load line marks,'' and inserting
``vessel is assigned two sets of gross and net tonnages
under this section,''; and
(B) by inserting ``vessel's tonnage'' before ``mark''
the second place such term appears; and
(2) in paragraph (2), by striking the period at the end and
inserting ``as assigned under this section.''.
(i) Reciprocity for Foreign Vessels.--Subchapter II of chapter 145 of
that title is amended by adding at the end the following:
``Sec. 14514. Reciprocity for foreign vessels
``For a foreign vessel not measured under chapter 143, if the
Secretary finds that the laws and regulations of a foreign country
related to measurement of vessels are substantially similar to those of
this chapter and the regulations prescribed under this chapter, the
Secretary may accept the measurement and certificate of a vessel of
that foreign country as complying with this chapter and the regulations
prescribed under this chapter.''.
(j) Clerical Amendment.--The analysis for subchapter II of chapter
145 of such title is amended by adding at the end the following:
``14514. Reciprocity for foreign vessels.''.
SEC. 305. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL GAS DEEPWATER
PORTS.
Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 U.S.C.
2704(d)(2)) is amended by adding at the end the following:
``(D) The Secretary may establish, by regulation, a
limit of liability of not less than $12,000,000 for a
deepwater port used only in connection with
transportation of natural gas.''.
SEC. 306. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST OIL SPILL LIABILITY
TRUST FUND.
Section 1012(h)(1) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(h)(1)) is amended by striking ``6'' and inserting ``3''.
SEC. 307. MERCHANT MARINER DOCUMENT STANDARDS.
Not later than 270 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) a plan to ensure that the process for an application, by
an individual who has, or has applied for, a transportation
security card under section 70105 of title 46, United States
Code, for a merchant mariner document can be completed entirely
by mail; and
(2) a report on the feasibility of, and a timeline to,
redesign the merchant mariner document to comply with the
requirements of such section, including a biometric identifier,
and all relevant international conventions, including the
International Labour Organization Convention Number 185
concerning the seafarers identity document, and include a
review on whether or not such redesign will eliminate the need
for separate credentials and background screening and
streamline the application process for mariners.
SEC. 308. REPORT ON COAST GUARD DETERMINATIONS.
Not later than 180 days after enactment of this Act, the Secretary of
Homeland Security shall provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
loss of United States shipyard jobs and industrial base expertise as a
result of rebuild, conversion, and double-hull work on United States-
flag vessels eligible to engage in the coastwise trade being performed
in foreign shipyards, enforcement of the Coast Guard's foreign rebuild
determination regulations, and recommendations for improving the
transparency in the Coast Guard's foreign rebuild determination
process.
SEC. 309. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION PROJECT.
(a) Study.--The Commandant of the Coast Guard shall conduct a study--
(1) on the methods and best practices of the use of exhaust
emissions reduction technology on cargo or passenger ships that
operate in United States waters and ports; and
(2) that identifies the Federal, State, and local laws,
regulations, and other requirements that affect the ability of
any entity to effectively demonstrate onboard technology for
the reduction of contaminated emissions from ships.
(b) Report.--Within 180 days after the date of enactment of this Act,
the Commandant shall submit a report on the results of the study
conducted under subsection (a) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 310. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.
(a) In General.--Notwithstanding section 12111(d) of title 46, United
States Code, foreign-flag vessels may be chartered by, or on behalf of,
a lessee to be employed for the setting, relocation, or recovery of
anchors or other mooring equipment of a mobile offshore drilling unit
that is located over the Outer Continental Shelf (as defined in section
2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)) for
operations in support of exploration, or flow-testing and stimulation
of wells, for offshore mineral or energy resources in the Beaufort Sea
or the Chukchi Sea adjacent to Alaska--
(1) for a 1-year period from the date the lessee gives the
Secretary of Transportation written notice of the commencement
of such exploration drilling if the Secretary determines, after
publishing notice in the Federal Register, that insufficient
vessels documented under section 12111(d) of title 46, United
States Code, are reasonably available and suitable for these
support operations and all such reasonably available and
suitable vessels are employed in support of such operations;
and
(2) for an additional period until such vessels are available
if the Secretary of Transportation determines--
(A) that, by April 30 of the year following the
commencement of exploration drilling, the lessee has
entered into a binding agreement to employ a suitable
vessel or vessels to be documented under section
12111(d) of title 46, United States Code, in sufficient
numbers and with sufficient suitability to replace any
foreign-flag vessel or vessels operating under this
section; and
(B) after publishing notice in the Federal Register,
that insufficient vessels documented under section
12111(d) of title 46, United States Code, are
reasonably available and suitable for these support
operations and all such reasonably available and
suitable vessels are employed in support of such
operations.
(b) Expiration.--Irrespective of the year in which the commitment
referred to in subsection (a)(2)(A) occurs, foreign-flag anchor
handling vessels may not be employed for the setting, relocation, or
recovery of anchors or other mooring equipment of a mobile offshore
drilling unit after December 31, 2017.
(c) Lessee Defined.--In this section, the term ``lessee'' means the
holder of a lease (as defined in section 1331(c) of title 43, United
States Code), who, prior to giving the written notice in subsection
(a)(1), has entered into a binding agreement to employ a suitable
vessel documented or to be documented under 12111(d) of title 46,
United States Code.
(d) Savings Provision.--Nothing in subsection (a) may be construed to
authorize the employment in the coastwise trade of a vessel that does
not meet the requirements of 12111 of title 46, United States Code.
SEC. 311. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION.
(a) Purpose.--The purpose of this section is to ensure safe, secure,
and reliable maritime shipping in the Arctic including the availability
of aids to navigation, vessel escorts, spill response capability, and
maritime search and rescue in the Arctic.
(b) International Maritime Organization Agreements.--To carry out the
purpose of this section, the Secretary of the department in which the
Coast Guard is operating shall work through the International Maritime
Organization to establish agreements to promote coordinated action
among the United States, Russia, Canada, Iceland, Norway, and Denmark
and other seafaring and Arctic nations to ensure, in the Arctic--
(1) placement and maintenance of aids to navigation;
(2) appropriate icebreaking escort, tug, and salvage
capabilities;
(3) oil spill prevention and response capability;
(4) maritime domain awareness, including long-range vessel
tracking; and
(5) search and rescue.
(c) Coordination by Committee on the Maritime Transportation
System.--The Committee on the Maritime Transportation System
established under a directive of the President in the Ocean Action
Plan, issued December 17, 2004, shall coordinate the establishment of
domestic transportation policies in the Arctic necessary to carry out
the purpose of this section.
(d) Agreements and Contracts.--The Secretary of the department in
which the Coast Guard is operating may, subject to the availability of
appropriations, enter into cooperative agreements, contracts, or other
agreements with, or make grants to individuals and governments to carry
out the purpose of this section or any agreements established under
subsection (b).
(e) Icebreaking.--The Secretary of the department in which the Coast
Guard is operating shall promote safe maritime navigation by means of
icebreaking where needed to assure the reasonable demands of commerce.
(f) Demonstration Projects.--The Secretary of Transportation may
enter into cooperative agreements, contracts, or other agreements with,
or make grants to, individuals to conduct demonstration projects to
reduce emissions or discharges from vessels operating in the Arctic.
(g) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to the Secretary of the department in which the Coast
Guard is operating--
(A) $5,000,000 for each of fiscal years 2011 through
2015 for seasonal operations in the Arctic; and
(B) $10,000,000 for each of fiscal years 2012 through
2015 to carry out agreements established under
subsection (d); and
(2) to the Secretary of Transportation $5,000,000 for each of
fiscal years 2011 through 2015 to conduct demonstration
projects under subsection (f).
(h) Icebreakers.--
(1) Analyses.--Not later than 90 days after the date of
enactment of this Act or the date of completion of the ongoing
High Latitude Study to assess Arctic polar ice-breaking mission
requirements, which ever occurs later, the Commandant of the
Coast Guard shall--
(A) conduct a comparative cost-benefit analysis of--
(i) rebuilding, renovating, or improving the
existing fleet of icebreakers for operation by
the Coast Guard,
(ii) constructing new icebreakers for
operation by the Coast Guard, and
(iii) any combination of the activities
described in clauses (i) and (ii), to carry out
the missions of the Coast Guard; and
(B) conduct an analysis of the impact on mission
capacity and the ability of the United States to
maintain a presence in the Arctic regions through the
year 2020 if recapitalization of the icebreaker fleet,
either by constructing new icebreakers or rebuilding,
renovating, or improving the existing fleet of
icebreakers, is not fully funded.
(2) Reports to congress.--
(A) Not later than 90 days after the date of
enactment of this Act or the date of completion of the
ongoing High Latitude Study to assess Arctic ice-
breaking mission requirements, which ever occurs later,
the Commandant of the Coast Guard shall submit a report
containing the results of the study, together with
recommendations the Commandant deems appropriate under
section 93(a)(24) of title 14, United States Code, to
the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Transportation and Infrastructure.
(B) Not later than 1 year after the date of enactment
of this Act, the Commandant shall submit reports
containing the results of the analyses required under
subparagraphs (A) and (B) of paragraph (1), together
with recommendations the Commandant deems appropriate
under section 93(a)(24) of title 14, United States
Code, to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Transportation and Infrastructure.
(i) Arctic Definition.--In this section the term ``Arctic'' has the
same meaning as in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
SEC. 312. SUPPLEMENTAL POSITIONING SYSTEM.
(a) Findings.--The Congress finds the following:
(1) In August 2006, the Department of Transportation and
Department of Homeland Security sponsored the formation of an
Independent Assessment Team to review the need for enhanced
Loran (eLORAN) as a supplement to the Global Positioning System
(GPS).
(2) In December 2006, the Independent Assessment Team
unanimously recommended that eLORAN be completed and retained
as the national backup system for critical safety of life,
national and economic security, and quality of life
applications currently that are reliant on position, time, or
frequency from GPS.
(3) Based on the Independent Assessment Team report, the
Department of Transportation and Department of Homeland
Security jointly recommended in March 2007 that eLORAN be the
national backup for GPS.
(4) The Department of Homeland Security formally announced on
February 7, 2008, its intention to implement eLORAN as a
national positioning, navigation, and timing system to
complement the GPS in the even of an outage or disruption in
service.
(5) A recent outage of GPS services in California due to an
unintentional jamming incident resulted in the shutdown of the
Coast Guard's maritime Differential Global Positions System
program and the Automatic Identification System, caused
disruption to vessel and aircraft operations, and severely
degraded transmissions at over 150 cell phone base stations.
(6) In January 2009, the Independent Assessment Team
reiterated its unanimous recommendation that the Federal
Government commit to operating the eLORAN system as a backup to
GPS for not less than a 20-year period.
(b) Required Actions.--The Secretary of the department in which the
Coast Guard is operating--
(1) shall establish eLORAN as the supplemental navigation
system for the United States;
(2) shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate--
(A) a plan for modernizing the remaining LORAN-C
stations;
(B) a timeline for the completion of such
modernization; and
(C) a comprehensive estimate of the costs associated
with modernizing LORAN-C infrastructure to meet eLORAN
specifications; and
(3) may not take action to terminate or decommission the
LORAN-C program until 30 days after the Secretary certifies to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that the eLORAN system is
operational.
SEC. 313. DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN PRINCE
WILLIAM SOUND, ALASKA.
(a) In General.--Section 4116(c) of the Oil Pollution Act of 1990 (46
U.S.C. 3703 note; Public Law 101-380) is amended--
(1) by striking ``Not later than 6 months'' and inserting the
following:
``(1) In general.--Not later than 180 days''; and
(2) by adding at the end the following:
``(2) Prince william sound, alaska.--
``(A) In general.--The requirement in paragraph (1)
relating to single hulled tankers in Prince William
Sound, Alaska, described in that paragraph being
escorted by at least 2 towing vessels or other vessels
considered to be appropriate by the Secretary
(including regulations promulgated in accordance with
section 3703(a)(3) of title 46, United States Code, as
set forth in part 168 of title 33, Code of Federal
Regulations (as in effect on March 1, 2009),
implementing this subsection with respect to those
tankers) shall apply to double hulled tankers over
5,000 gross tons transporting oil in bulk in Prince
William Sound, Alaska.
``(B) Implementation of requirements.--The Secretary
of the Federal agency with jurisdiction over the Coast
Guard shall carry out subparagraph (A) by order without
notice and hearing pursuant to section 553 of title 5,
United States Code.''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on the date that is 90 days after the date of enactment of this
Act.
TITLE IV--GREAT LAKES ICEBREAKER
SEC. 401. SHORT TITLE.
This title may be cited as the ``Great Lakes Icebreaker Replacement
Act''.
SEC. 402. FINDINGS.
Congress finds that--
(1) five of the Coast Guard's Great Lakes icebreakers are
nearing the end of their useful lives;
(2) two other Coast Guard icebreaking assets have experienced
difficulty in heavy ice conditions;
(3) during the spring of 2008, United States-flag vessels
operating on the Great Lakes suffered more than $1,300,000 in
damages to their hulls because the Coast Guard did not have
enough assets available to keep Great Lakes shipping lanes
open;
(4) during the 2006-2007 ice season, shipments of iron ore,
coal, and limestone on the Great Lakes exceeded 20,000,000
tons;
(5) during the 2006-2007 ice season, the transportation of
10,400,000 tons of iron ore on the Great Lakes helped support
100,000 jobs at steel mills and 300,000 jobs at supplier
industries by keeping those industries working during the
winter season; and
(6) the 6,400,000 tons of coal shipped on the Great Lakes
during the 2006-2007 ice season kept the Great Lakes region
supplied with electricity.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $153,000,000 for necessary
expenses of the Coast Guard for the design, acquisition, and
construction of a combined buoy tender-icebreaker to replace
icebreaking capacity on the Great Lakes, to remain available until
expended.
TITLE V--ACQUISITION REFORM
SEC. 501. SHORT TITLE.
This title may be cited as the ``Coast Guard Acquisition Reform Act
of 2009''.
SEC. 502. DEFINITIONS.
In this title, the following definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Commandant.--The term ``Commandant'' means the Commandant
of the Coast Guard.
(3) Level 1 acquisition.--The term ``Level 1 acquisition''
means--
(A) an acquisition by the Coast Guard--
(i) the estimated life-cycle costs of which
exceed $1,000,000,000; or
(ii) the estimated total acquisition costs of
which exceed $300,000,000; or
(B) any acquisition that the Chief Acquisition
Officer of the Coast Guard determines to have a special
interest--
(i) due to--
(I) the experimental or technically
immature nature of the asset;
(II) the technological complexity of
the asset;
(III) the commitment of resources; or
(IV) the nature of the capability or
set of capabilities to be achieved; or
(ii) because such acquisition is a joint
acquisition.
(4) Level 2 acquisition.--The term ``Level 2 acquisition''
means an acquisition by the Coast Guard--
(A) the estimated life-cycle costs of which are equal
to or less than $1,000,000,000, but greater than
$300,000,000; or
(B) the estimated total acquisition costs of which
are equal to or less than $300,000,0000, but greater
than $100,000,000.
(5) Life-cycle cost.--The term ``life-cycle cost'' means all
costs for development, procurement, construction, and
operations and support for a particular capability or asset,
without regard to funding source or management control.
Subtitle A--Restrictions on the Use of Lead Systems Integrators
SEC. 511. PROCUREMENT STRUCTURE.
(a) In General.--
(1) Use of lead systems integrator.--Except as provided in
subsection (b), the Commandant may not use a private sector
entity as a lead systems integrator for an acquisition contract
awarded or delivery order or task order issued after the end of
the 180-day period beginning on the date of enactment of this
Act.
(2) Full and open competition.--The Commandant and any lead
systems integrator engaged by the Coast Guard shall use full
and open competition for any acquisition contract awarded after
the date of enactment of this Act, unless otherwise excepted in
accordance with Federal acquisition laws and regulations
promulgated under those laws, including the Federal Acquisition
Regulation.
(3) No effect on small business act.--Nothing in this
subsection shall be construed to supersede or otherwise affect
the authorities provided by and under the Small Business Act
(15 U.S.C. 631 et seq.).
(b) Exceptions.--
(1) National distress and response system modernization
program; national security cutters 2 and 3.--Notwithstanding
subsections (a) and (e), the Commandant may use a private
sector entity as a lead systems integrator for the Coast Guard
to complete the National Distress and Response System
Modernization Program (otherwise known as the ``Rescue 21''
program) and National Security Cutters 2 and 3.
(2) Completion of acquisition by lead systems integrator.--
Notwithstanding subsection (a), the Commandant may use a
private sector entity as a lead systems integrator for the
Coast Guard--
(A) to complete any delivery order or task order,
including the exercise of previously established
options on a delivery order or task order that was
issued to a lead systems integrator on or before the
date that is 180 days after the date of enactment of
this Act without any change in the quantity of
capabilities or assets or the specific type of
capabilities or assets covered by the order;
(B) for a contract awarded after the date that is 180
days after the date of enactment of this Act for
acquisition of, or in support of, the HC-130J aircraft,
the HH-65 aircraft, or the C4ISR system, if the
requirements of subsection (c) are met with respect to
such acquisitions;
(C) for a contract awarded after the date that is 180
days after the date of enactment of this Act for
acquisition of, or in support of, Maritime Patrol
Aircraft, if the requirements of subsection (c) are met
with respect to such an acquisition; and
(D) for the acquisition of, or in support of,
additional National Security Cutters or Maritime Patrol
Aircraft, if the Commandant determines that--
(i) the acquisition is in accordance with
Federal acquisition laws and regulations
promulgated under those laws, including the
Federal Acquisition Regulation;
(ii) the acquisition and the use of a private
sector entity as a lead systems integrator for
the acquisition are in the best interest of the
Federal Government; and
(iii) the requirements of subsection (c) are
met with respect to such acquisition.
(3) Report on decisionmaking process.--If the Commandant
determines under subparagraph (B), (C), or (D) of subsection
(b)(2) that the Coast Guard will use a private sector lead
systems integrator for an acquisition, the Commandant shall
notify in writing the appropriate congressional committees of
the Commandant's determination and shall provide a detailed
rationale for the determination, at least 30 days before the
award of a contract or issuance of a delivery order or task
order, using a private sector lead systems integrator,
including a comparison of the cost of the acquisition through
the private sector lead systems integrator with the expected
cost if the acquisition were awarded directly to the
manufacturer or shipyard. For purposes of that comparison, the
cost of award directly to a manufacturer or shipyard shall
include the costs of Government contract management and
oversight.
(c) Limitation on Lead Systems Integrators.--Neither an entity
performing lead systems integrator functions for a Coast Guard
acquisition nor a Tier 1 subcontractor for any acquisition described in
subparagraph (B), (C), or (D) of subsection (b)(2) may have a financial
interest in a subcontractor below the Tier 1 subcontractor level
unless--
(1) the subcontractor was selected by the prime contractor
through full and open competition for such procurement;
(2) the procurement was awarded by the lead systems
integrator or a subcontractor through full and open
competition;
(3) the procurement was awarded by a subcontractor through a
process over which the lead systems integrator or a Tier 1
subcontractor exercised no control; or
(4) the Commandant has determined that the procurement was
awarded in a manner consistent with Federal acquisition laws
and regulations promulgated under those laws, including the
Federal Acquisition Regulation.
(d) Rule of Construction.--The limitation in subsection (b)(1)(A) on
the quantity and specific type of assets to which subsection (b)
applies shall not be construed to apply to the modification of the
number or type of any sub-systems or other components of a vessel or
aircraft described in subparagraph (B), (C), or (D) of subsection
(b)(2).
(e) Termination Date for Exceptions.--Except as described in
subsection (b)(1), the Commandant may not use a private sector entity
as a lead systems integrator for acquisition contracts awarded, or task
orders or delivery orders issued, after the earlier of--
(1) September 30, 2011; or
(2) the date on which the Commandant certifies in writing to
the appropriate congressional committees that the Coast Guard
has available and can retain sufficient acquisition workforce
personnel and expertise within the Coast Guard, through an
arrangement with other Federal agencies, or through contracts
or other arrangements with private sector entities, to perform
the functions and responsibilities of the lead systems
integrator in an efficient and cost-effective manner.
Subtitle B--Coast Guard Acquisition Policy
SEC. 521. OPERATIONAL REQUIREMENTS.
(a) In General.--No Level 1 or Level 2 acquisition program may be
initiated by the Coast Guard, and no production contract may be awarded
for such an acquisition, unless the Commandant has approved an
operational requirement for such acquisition.
(b) Operational Requirement for Acquisition Programs.--
(1) In general.--The Commandant shall establish mature and
stable operational requirements for acquisition programs.
(2) Elements.--Prior to establishing operational requirements
under paragraph (1), the Commandant shall--
(A) prepare a preliminary statement of need, a
concept of operations, an analysis of alternatives or
the equivalent, an estimate of life-cycle costs, and
requirements for interoperability with other
capabilities and assets within and external to the
Coast Guard; and
(B) in preparing the concept of operations under
subparagraph (A), coordinate with acquisition and
support professionals, requirements officials,
operational users and maintainers, and resource
officials who can ensure the appropriate consideration
of performance, cost, schedule and risk trade-offs.
(c) Consideration of Trade-offs.--In establishing operational
requirements under subsection (a), the Commandant shall develop and
implement mechanisms to ensure that trade-offs among performance, cost,
schedule, and risk are considered in the establishment of operational
requirements for development and production of a Level 1 or Level 2
acquisition.
(d) Elements.--The mechanisms required under this section shall
ensure at a minimum that Coast Guard officials responsible for
acquisition management, budget, and cost estimating functions have the
authority to develop cost estimates and raise cost and schedule matters
at any point in the process of establishing operational requirements
for a Level 1 or Level 2 acquisition.
SEC. 522. REQUIRED CONTRACT TERMS.
(a) In General.--The Commandant shall ensure that a contract awarded
or a delivery order or task order issued for an acquisition of a
capability or an asset with an expected service life of 10 years and
with a total acquisition cost that is equal to or exceeds $10,000,000
awarded or issued by the Coast Guard after the date of enactment of
this Act--
(1) provides that all certifications for an end-state
capability or asset under such contract, delivery order, or
task order, respectively, will be conducted by the Commandant
or an independent third party, and that self-certification by a
contractor or subcontractor is not allowed;
(2) requires that the Commandant shall maintain the authority
to establish, approve, and maintain technical requirements;
(3) requires that any measurement of contractor and
subcontractor performance be based on the status of all work
performed, including the extent to which the work performed met
all performance, cost, and schedule requirements;
(4) specifies that, for the acquisition or upgrade of air,
surface, or shore capabilities and assets for which compliance
with TEMPEST certification is a requirement, the standard for
determining such compliance will be the air, surface, or shore
standard then used by the Department of the Navy for that type
of capability or asset; and
(5) for any contract awarded to acquire an Offshore Patrol
Cutter, includes provisions specifying the service life,
fatigue life, and days underway in general Atlantic and North
Pacific Sea conditions, maximum range, and maximum speed the
cutter will be built to achieve.
(b) Prohibited Contract Provisions.--The Commandant shall ensure that
any contract awarded or delivery order or task order issued by the
Coast Guard after the date of enactment of this Act does not include
any provision allowing for equitable adjustment that differs from the
Federal Acquisition Regulation.
(c) Extension of Program.--Any contract, contract modification, or
award term extending a contract with a lead systems integrator--
(1) shall not include any minimum requirements for the
purchase of a given or determinable number of specific
capabilities or assets; and
(2) shall be reviewed by an independent third party with
expertise in acquisition management, and the results of that
review shall be submitted to the appropriate congressional
committees at least 60 days prior to the award of the contract,
contract modification, or award term.
SEC. 523. LIFE-CYCLE COST ESTIMATES.
(a) In General.--The Commandant shall implement mechanisms to ensure
the development and regular updating of life-cycle cost estimates for
each acquisition with a total acquisition cost that equals or exceeds
$10,000,000 and an expected service life of 10 years, and to ensure
that these estimates are considered in decisions to develop or produce
new or enhanced capabilities and assets.
(b) Types of Estimates.--In addition to life-cycle cost estimates
that may be developed by acquisition program offices, the Commandant
shall require that an independent life-cycle cost estimate be developed
for each Level 1 or Level 2 acquisition program or project.
(c) Required Updates.--For each Level 1 or Level 2 acquisition
program or project the Commandant shall require that life-cycle cost
estimates shall be updated before each milestone decision is concluded
and the program or project enters a new acquisition phase.
SEC. 524. TEST AND EVALUATION.
(a) Test and Evaluation Master Plan.--
(1) In general.--For any Level 1 or Level 2 acquisition
program or project the Coast Guard Chief Acquisition Officer
must approve a Test and Evaluation Master Plan specific to the
acquisition program or project for the capability, asset, or
sub-systems of the capability or asset and intended to minimize
technical, cost, and schedule risk as early as practicable in
the development of the program or project.
(2) Test and evaluation strategy.--The TEMP shall--
(A) set forth an integrated test and evaluation
strategy that will verify that capability-level or
asset-level and sub-system-level design and
development, including performance and supportability,
have been sufficiently proven before the capability,
asset, or sub-system of the capability or asset is
approved for production; and
(B) require that adequate developmental tests and
evaluations and operational tests and evaluations
established under subparagraph (A) are performed to
inform production decisions.
(3) Other components of temp.--At a minimum, the TEMP shall
identify--
(A) the key performance parameters to be resolved
through the integrated test and evaluation strategy;
(B) critical operational issues to be assessed in
addition to the key performance parameters;
(C) specific development test and evaluation phases
and the scope of each phase;
(D) modeling and simulation activities to be
performed, if any, and the scope of such activities;
(E) early operational assessments to be performed, if
any, and the scope of such assessments;
(F) operational test and evaluation phases;
(G) an estimate of the resources, including funds,
that will be required for all test, evaluation,
assessment, modeling, and simulation activities; and
(H) the Government entity or independent entity that
will perform the test, evaluation, assessment,
modeling, and simulation activities.
(4) Update.--The Coast Guard Chief Acquisition Officer shall
approve an updated TEMP whenever there is a revision to program
or project test and evaluation strategy, scope, or phasing.
(5) Limitation.--The Coast Guard may not--
(A) proceed past that phase of the acquisition
process that entails approving the supporting
acquisition of a capability or asset before the TEMP is
approved by the Coast Guard Chief Acquisition Officer;
or
(B) award any production contract for a capability,
asset, or sub-system for which a TEMP is required under
this subsection before the TEMP is approved by the
Coast Guard Chief Acquisition Officer.
(b) Tests and Evaluations.--
(1) In general.--The Commandant shall ensure that the Coast
Guard conducts developmental tests and evaluations and
operational tests and evaluations of a capability or asset and
the sub-systems of the capability or asset for which a TEMP has
been prepared under subsection (a).
(2) Use of third parties.--The Commandant shall ensure that
the Coast Guard uses third parties with expertise in testing
and evaluating the capabilities or assets and the sub-systems
of the capabilities or assets being acquired to conduct
developmental tests and evaluations and operational tests and
evaluations whenever the Coast Guard lacks the capability to
conduct the tests and evaluations required by a TEMP.
(3) Communication of safety concerns.--The Commandant shall
require that safety concerns identified during developmental or
operational tests and evaluations or through independent or
Government-conducted design assessments of capabilities or
assets and sub-systems of capabilities or assets to be acquired
by the Coast Guard shall be communicated as soon as
practicable, but not later than 30 days after the completion of
the test or assessment event or activity that identified the
safety concern, to the program manager for the capability or
asset and the sub-systems concerned and to the Coast Guard
Chief Acquisition Officer.
(4) Reporting of safety concerns.--Any safety concerns that
have been reported to the Chief Acquisition Officer for an
acquisition program or project shall be reported by the
Commandant to the appropriate congressional committees at least
90 days before the award of any contract or issuance of any
delivery order or task order for low, initial, or full-rate
production of the capability or asset concerned if they will
remain uncorrected or unmitigated at the time such a contract
is awarded or delivery order or task order is issued. The
report shall include a justification for the approval of that
level of production of the capability or asset before the
safety concern is corrected or mitigated. The report shall also
include an explanation of the actions that will be taken to
correct or mitigate the safety concern, the date by which those
actions will be taken, and the adequacy of current funding to
correct or mitigate the safety concern.
(5) Asset already in low, initial, or full-rate production.--
If operational test and evaluation on a capability or asset
already in low, initial, or full-rate production identifies a
safety concern with the capability or asset or any sub-systems
of the capability or asset not previously identified during
developmental or operational test and evaluation, the
Commandant shall--
(A) notify the program manager and the Chief
Acquisition Officer of the safety concern as soon as
practicable, but not later than 30 days after the
completion of the test and evaluation event or activity
that identified the safety concern; and
(B) notify the appropriate congressional Committee of
the safety concern not later than 30 days after
notification is made to the program manager and Chief
Acquisition Officer, and include in such notification--
(i) an explanation of the actions that will
be taken to correct or mitigate the safety
concern in all capabilities or assets and sub-
systems of the capabilities or assets yet to be
produced, and the date by which those actions
will be taken;
(ii) an explanation of the actions that will
be taken to correct or mitigate the safety
concern in previously produced capabilities or
assets and sub-systems of the capabilities or
assets, and the date by which those actions
will be taken; and
(iii) an assessment of the adequacy of
current funding to correct or mitigate the
safety concern in capabilities or assets and
sub-systems of the capabilities or assets and
in previously produced capabilities or assets
and sub-systems.
(c) Definitions.--In this section:
(1) Developmental test and evaluation.--The term
``developmental test and evaluation'' means--
(A) the testing of a capability or asset and the sub-
systems of the capability or asset to determine whether
they meet all contractual performance requirements,
including technical performance requirements,
supportability requirements, and interoperability
requirements and related specifications; and
(B) the evaluation of the results of such testing.
(2) Operational test and evaluation.--The term ``operational
test and evaluation'' means--
(A) the testing of a capability or asset and the sub-
systems of the capability or asset, under conditions
similar to those in which the capability or asset and
subsystems will actually be deployed, for the purpose
of determining the effectiveness and suitability of the
capability or asset and sub-systems for use by typical
Coast Guard users to conduct those missions for which
the capability or asset and sub-systems are intended to
be used; and
(B) the evaluation of the results of such testing.
(3) Safety concern.--The term ``safety concern'' means any
hazard associated with a capability or asset or a sub-system of
a capability or asset that is likely to cause serious bodily
injury or death to a typical Coast Guard user in testing,
maintaining, repairing, or operating the capability, asset, or
sub-system or any hazard associated with the capability, asset,
or sub-system that is likely to cause major damage to the
capability, asset, or sub-system during the course of its
normal operation by a typical Coast Guard user.
(4) TEMP.--The term ``TEMP'' means a Test and Evaluation
Master Plan for which approval is required under this section.
SEC. 525. CAPABILITY STANDARDS.
(a) Cutter Classification.--The Commandant shall cause each cutter,
other than a National Security Cutter, acquired by the Coast Guard and
delivered after the date of enactment of this Act to be classed by the
American Bureau of Shipping before final acceptance.
(b) Tempest Testing.--The Commandant shall--
(1) cause all electronics on all aircraft, surface, and shore
capabilities and assets that require TEMPEST certification and
that are delivered after the date of enactment of this Act to
be tested in accordance with TEMPEST standards and
communication security (COMSEC) standards by an independent
third party that is authorized by the Federal Government to
perform such testing; and
(2) certify that the capabilities and assets meet all
applicable TEMPEST requirements.
(c) National Security Cutters.--
(1) National security cutters 1 and 2.--Not later than 90
days before the Coast Guard awards any contract or issues any
delivery order or task order to strengthen the hull of either
of National Security Cutter 1 or 2 to resolve the structural
design and performance issues identified in the Department of
Homeland Security Inspector General's report OIG-07-23 dated
January 2007, the Commandant shall submit to the appropriate
congressional committees and the Committee on Homeland Security
of the House of Representatives all results of an assessment of
the proposed hull strengthening design conducted by the Coast
Guard, including--
(A) a description in detail of the extent to which
the hull strengthening measures to be implemented on
those cutters will enable the cutters to meet contract
and performance requirements;
(B) a cost benefit analysis of the proposed hull
strengthening measures for National Security Cutters 1
and 2; and
(C) a description of any operational restrictions
that would have to be applied to either National
Security Cutter 1 or 2 if the proposed hull
strengthening measures were not implemented on either
cutter.
(2) Other vessels.--The Commandant shall cause the design and
construction of each National Security Cutter, other than
National Security Cutters 1, 2, and 3, to be assessed by an
independent third party with expertise in vessel design and
construction certification.
(d) Aircraft Airworthiness.--The Commandant shall cause all aircraft
and aircraft engines acquired by the Coast Guard and delivered after
the date of enactment of this Act to be assessed for airworthiness by
an independent third party with expertise in aircraft and aircraft
engine certification, before final acceptance.
SEC. 526. ACQUISITION PROGRAM REPORTS.
Any Coast Guard Level 1 or Level 2 acquisition program or project may
not begin to obtain any capability or asset or proceed beyond that
phase of its development that entails approving the supporting
acquisition until the Commandant submits to the appropriate
congressional committees the following:
(1) The key performance parameters, the key system
attributes, and the operational performance attributes of the
capability and asset to be acquired under the proposed
acquisition program or project will be built to achieve.
(2) A detailed list of the systems or other capabilities with
which the capability or asset to be acquired is intended to be
interoperable, including an explanation of the attributes of
interoperability.
(3) The anticipated acquisition program baseline and
acquisition unit cost for the capability or asset to be
produced and deployed under the program or project.
(4) A detailed schedule for the acquisition process showing
when all capability and asset acquisitions are to be completed
and when all acquired capabilities and assets are to be
initially and fully deployed.
SEC. 527. UNDEFINITIZED CONTRACTUAL ACTIONS.
(a) In General.--The Coast Guard may not enter into an undefinitized
contractual action unless such action is directly approved by the Head
of Contracting Activity of the Coast Guard.
(b) Requests for Undefinitized Contractual Actions.--Any request to
the Head of Contracting Activity for approval of an undefinitized
contractual action covered under subsection (a) must include a
description of the anticipated effect on requirements of the Coast
Guard if a delay is incurred for the purposes of determining
contractual terms, specifications, and price before performance is
begun under the contractual action.
(c) Requirements for Undefinitized Contractual Actions.--
(1) Deadline for agreement on terms, specifications, and
price.--A contracting officer of the Coast Guard may not enter
into an undefinitized contractual action unless the contractual
action provides for agreement upon contractual terms,
specification, and price by the earlier of--
(A) the end of the 180-day period beginning on the
date on which the contractor submits a qualifying
proposal to definitize the contractual terms,
specifications, and price; or
(B) the date on which the amount of funds obligated
under the contractual action is equal to more than 50
percent of the negotiated overall ceiling price for the
contractual action.
(2) Limitation on obligations.--
(A) In general.--Except as provided in subparagraph
(B), the contracting officer for an undefinitized
contractual action may not obligate under such
contractual action an amount that exceeds 50 percent of
the negotiated overall ceiling price until the
contractual terms, specifications, and price are
definitized for such contractual action.
(B) Exception.--Notwithstanding subparagraph (A), if
a contractor submits a qualifying proposal to
definitize an undefinitized contractual action before
an amount that exceeds 50 percent of the negotiated
overall ceiling price is obligated on such action, the
contracting officer for such action may not obligate
with respect to such contractual action an amount that
exceeds 75 percent of the negotiated overall ceiling
price until the contractual terms, specifications, and
price are definitized for such contractual action.
(3) Waiver.--The Commandant may waive the application of this
subsection with respect to a contract if the Commandant
determines that the waiver is necessary to support--
(A) a contingency operation (as that term is defined
in section 101(a)(13) of title 10, United States Code);
(B) an operation in response to an emergency that
poses an unacceptable threat to human health or safety
or to the marine environment; or
(C) an operation in response to a natural disaster or
major disaster or emergency designated by the President
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(4) Limitation on application.--This subsection does not
apply to an undefinitized contractual action for the purchase
of initial spares.
(d) Inclusion of Nonurgent Requirements.--Requirements for spare
parts and support equipment that are not needed on an urgent basis may
not be included in an undefinitized contractual action by the Coast
Guard for spare parts and support equipment that are needed on an
urgent basis unless the Commandant approves such inclusion as being--
(1) good business practice; and
(2) in the best interests of the United States.
(e) Modification of Scope.--The scope of an undefinitized contractual
action under which performance has begun may not be modified unless the
Commandant approves such modification as being--
(1) good business practice; and
(2) in the best interests of the United States.
(f) Allowable Profit.--The Commandant shall ensure that the profit
allowed on an undefinitized contractual action for which the final
price is negotiated after a substantial portion of the performance
required is completed reflects--
(1) the possible reduced cost risk of the contractor with
respect to costs incurred during performance of the contract
before the final price is negotiated; and
(2) the reduced cost risk of the contractor with respect to
costs incurred during performance of the remaining portion of
the contract.
(g) Definitions.--In this section:
(1) Undefinitized contractual action.--
(A) In general.--Except as provided in subparagraph
(B), the term ``undefinitized contractual action''
means a new procurement action entered into by the
Coast Guard for which the contractual terms,
specifications, or price are not agreed upon before
performance is begun under the action.
(B) Exclusion.--Such term does not include
contractual actions with respect to the following:
(i) Foreign military sales.
(ii) Purchases in an amount not in excess of
the amount of the simplified acquisition
threshold.
(iii) Special access programs.
(2) Qualifying proposal.--The term ``qualifying proposal''
means a proposal that contains sufficient information to enable
complete and meaningful audits of the information contained in
the proposal as determined by the contracting officer.
SEC. 528. GUIDANCE ON EXCESSIVE PASS-THROUGH CHARGES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Commandant shall issue guidance to ensure that pass-
through charges on contracts, subcontracts, delivery orders, and task
orders that are entered into with a private entity acting as a lead
systems integrator by or on behalf of the Coast Guard are not excessive
in relation to the cost of work performed by the relevant contractor or
subcontractor. The guidance shall, at a minimum--
(1) set forth clear standards for determining when no, or
negligible, value has been added to a contract by a contractor
or subcontractor;
(2) set forth procedures for preventing the payment by the
Government of excessive pass-through charges; and
(3) identify any exceptions determined by the Commandant to
be in the best interest of the Government.
(b) Excessive Pass-Through Charge Defined.--In this section the term
``excessive pass-through charge'', with respect to a contractor or
subcontractor that adds no, or negligible, value to a contract or
subcontract, means a charge to the Government by the contractor or
subcontractor that is for overhead or profit on work performed by a
lower-tier contractor or subcontractor, other than reasonable charges
for the direct costs of managing lower-tier contractors and
subcontracts and overhead and profit based on such direct costs.
(c) Application of Guidance.--The guidance under this subsection
shall apply to contracts awarded to a private entity acting as a lead
systems integrator by or on behalf of the Coast Guard on or after the
date that is 360 days after the date of enactment of this Act.
SEC. 529. ACQUISITION OF MAJOR CAPABILITIES: ALTERNATIVES ANALYSIS.
The Coast Guard may not acquire an experimental or technically
immature capability or asset or implement a Level 1 or Level 2
acquisition, unless it has conducted an alternatives analysis for the
capability or asset to be acquired in the concept and technology
development phase of the acquisition process for the capability or
asset. Such analysis shall be conducted by a federally funded research
and development center, a qualified entity of the Department of
Defense, or a similar independent third party entity that has
appropriate acquisition expertise. Such alternatives analysis shall
include--
(1) an assessment of the technical maturity of the capability
or asset and technical and other risks;
(2) an examination of capability, interoperability, and other
advantages and disadvantages;
(3) an evaluation of whether different combinations or
quantities of specific capabilities or assets could meet the
Coast Guard's overall performance needs;
(4) a discussion of key assumptions and variables, and
sensitivity to change in such assumptions and variables;
(5) when an alternative is an existing capability, asset, or
prototype, an evaluation of relevant safety and performance
records and costs;
(6) a calculation of life-cycle costs, including--
(A) an examination of development costs and the
levels of uncertainty associated with such estimated
costs;
(B) an examination of likely production and
deployment costs and the levels of uncertainty
associated with such estimated costs;
(C) an examination of likely operating and support
costs and the levels of uncertainty associated with
such estimated costs;
(D) if they are likely to be significant, an
examination of likely disposal costs and the levels of
uncertainty associated with such estimated costs; and
(E) such additional measures the Commandant
determines to be necessary for appropriate evaluation
of the capability or asset; and
(7) the business case for each viable alternative.
SEC. 530. COST OVERRUNS AND DELAYS.
(a) In General.--The Commandant shall submit a report to the
appropriate congressional committees as soon as possible, but not later
than 30 days, after the Chief Acquisition Officer of the Coast Guard
becomes aware of the breach of an acquisition program baseline for any
Level 1 or Level 2 acquisition program, by--
(1) a likely cost overrun greater than 10 percent of the
acquisition program baseline for that individual capability or
asset or a class of capabilities or assets;
(2) a likely delay of more than 180 days in the delivery
schedule for any individual capability or asset or class of
capabilities or assets; or
(3) an anticipated failure for any individual capability or
asset or class of capabilities or assets to satisfy any key
performance threshold or parameter under the acquisition
program baseline.
(b) Content.--The report submitted under subsection (a) shall
include--
(1) a detailed description of the breach and an explanation
of its cause;
(2) the projected impact to performance, cost, and schedule;
(3) an updated acquisition program baseline and the complete
history of changes to the original acquisition program
baseline;
(4) the updated acquisition schedule and the complete history
of changes to the original schedule;
(5) a full life-cycle cost analysis for the capability or
asset or class of capabilities or assets;
(6) a remediation plan identifying corrective actions and any
resulting issues or risks; and
(7) a description of how progress in the remediation plan
will be measured and monitored.
(c) Substantial Variances in Costs or Schedule.--If a likely cost
overrun is greater than 20 percent or a likely delay is greater than 12
months from the costs and schedule described in the acquisition program
baseline for any Level 1 or Level 2 acquisition program or project of
the Coast Guard, the Commandant shall include in the report a written
certification, with a supporting explanation, that--
(1) the capability or asset or capability or asset class to
be acquired under the program or project is essential to the
accomplishment of Coast Guard missions;
(2) there are no alternatives to such capability or asset or
capability or asset class which will provide equal or greater
capability in both a more cost-effective and timely manner;
(3) the new acquisition schedule and estimates for total
acquisition cost are reasonable; and
(4) the management structure for the acquisition program is
adequate to manage and control performance, cost, and schedule.
SEC. 531. REPORT ON FORMER COAST GUARD OFFICIALS EMPLOYED BY
CONTRACTORS TO THE AGENCY.
(a) Report Required.--Not later than December 31, 2009, and annually
thereafter, the Comptroller General of the United States shall submit a
report to the appropriate congressional committees on the employment
during the preceding year by Coast Guard contractors of individuals who
were Coast Guard officials in the previous 5-year period. The report
shall assess the extent to which former Coast Guard officials were
provided compensation by Coast Guard contractors in the preceding
calendar year.
(b) Objectives of Report.--At a minimum, the report required by this
section shall assess the extent to which former Coast Guard officials
who receive compensation from Coast Guard contractors have been
assigned by those contractors to work on contracts or programs between
the contractor and the Coast Guard, including contracts or programs for
which the former official personally had oversight responsibility or
decisionmaking authority when they served in or worked for the Coast
Guard.
(c) Confidentiality Requirement.--The report required by this
subsection shall not include the names of the former Coast Guard
officials who receive compensation from Coast Guard contractors.
(d) Access to Information.--A Coast Guard contractor shall provide
the Comptroller General access to information requested by the
Comptroller General for the purpose of conducting the study required by
this section.
(e) Definitions.--In this section:
(1) Coast guard contractor.--The term ``Coast Guard
contractor'' includes any person that received at least
$10,000,000 in contractor awards from the Coast Guard in the
calendar year covered by the annual report.
(2) Coast guard official.--The term ``Coast Guard official''
includes former officers of the Coast Guard who were
compensated at a rate of pay for grade O-7 or above during the
calendar year prior to the date on which they separated from
the Coast Guard, and former civilian employees of the Coast
Guard who served at any level of the Senior Executive Service
under subchapter VIII of chapter 53 of title 5, United States
Code, during the calendar year prior to the date on which they
separated from the Coast Guard.
SEC. 532. DEPARTMENT OF DEFENSE CONSULTATION.
(a) In General.--The Commandant shall make arrangements as
appropriate with the Secretary of Defense for support in contracting
and management of Coast Guard acquisition programs. The Commandant
shall also seek opportunities to make use of Department of Defense
contracts, and contracts of other appropriate agencies, to obtain the
best possible price for capabilities and assets acquired for the Coast
Guard.
(b) Inter-Service Technical Assistance.--The Commandant may enter
into a memorandum of understanding or a memorandum of agreement with
the Secretary of the Navy to obtain the assistance of the Office of the
Assistant Secretary of the Navy for Research, Development, and
Acquisition, including the Navy Systems Commands, with the oversight of
Coast Guard major acquisition programs. Such memorandum of
understanding or memorandum of agreement shall, at a minimum, provide
for--
(1) the exchange of technical assistance and support that the
Coast Guard Chief Acquisition Officer, Coast Guard Chief
Engineer, and the Coast Guard Chief Information Officer may
identify;
(2) the use, as appropriate, of Navy technical expertise; and
(3) the temporary assignment or exchange of personnel between
the Coast Guard and the Office of the Assistant Secretary of
the Navy for Research, Development, and Acquisition, including
Naval Systems Commands, to facilitate the development of
organic capabilities in the Coast Guard.
(c) Technical Requirement Approval Procedures.--The Coast Guard Chief
Acquisition Officer shall adopt, to the extent practicable, procedures
that are similar to those used by the senior procurement executive of
the Department of the Navy to approve all technical requirements.
(d) Assessment.--Within 180 days after the date of enactment of this
Act, the Comptroller General shall transmit a report to the appropriate
congressional committees that--
(1) contains an assessment of current Coast Guard acquisition
and management capabilities to manage Level 1 and Level 2
acquisitions;
(2) includes recommendations as to how the Coast Guard can
improve its acquisition management, either through internal
reforms or by seeking acquisition expertise from the Department
of Defense; and
(3) addresses specifically the question of whether the Coast
Guard can better leverage Department of Defense or other
agencies' contracts that would meet the needs of Level 1 or
Level 2 acquisitions in order to obtain the best possible
price.
Subtitle C--Coast Guard Personnel
SEC. 541. CHIEF ACQUISITION OFFICER.
(a) In General.--Chapter 3 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 56. Chief Acquisition Officer
``(a) Establishment of Chief Acquisition Officer.--There shall be in
the Coast Guard a Chief Acquisition Officer selected by the Commandant
who shall be a Rear Admiral or civilian from the Senior Executive
Service (career reserved) and who meets the qualifications set forth
under subsection (b). The Chief Acquisition Officer shall serve at the
Assistant Commandant level and have acquisition management as that
individual's primary duty.
``(b) Qualifications.--
``(1) The Chief Acquisition Officer and any Flag Officer
serving in the Acquisitions Directorate shall be an acquisition
professional with a program manager level III certification and
must have at least 10 years experience in an acquisition
position, of which at least 4 years were spent in one of the
following qualifying positions:
``(A) Program executive officer.
``(B) Program manager of a Level 1 or Level 2
acquisition.
``(C) Deputy program manager of a Level 1 or Level 2
acquisition.
``(D) Project manager for a Level 1 or Level 2
acquisition.
``(E) Any other acquisition position of significant
responsibility in which the primary duties are
supervisory or management duties.
``(2) The Commandant shall periodically publish a list of the
positions designated under this subsection.
``(c) Authority and Functions of the Chief Acquisition Officer.--The
functions of the Chief Acquisition Officer shall include--
``(1) monitoring the performance of programs and projects on
the basis of applicable performance measurements and advising
the Commandant, through the chain of command, regarding the
appropriate business strategy to achieve the missions of the
Coast Guard;
``(2) maximizing the use of full and open competition at the
prime contract and subcontract levels in the acquisition of
property, capabilities, assets, and services by the Coast Guard
by establishing policies, procedures, and practices that ensure
that the Coast Guard receives a sufficient number of sealed
bids or competitive proposals from responsible sources to
fulfill the Government's requirements, including performance
and delivery schedules, at the lowest cost or best value
considering the nature of the property, capability, asset, or
service procured;
``(3) making acquisition decisions in concurrence with the
technical authority of the Coast Guard, as designated by the
Commandant, and consistent with all other applicable laws and
decisions establishing procedures within the Coast Guard;
``(4) ensuring the use of detailed performance specifications
in instances in which performance based contracting is used;
``(5) managing the direction of acquisition policy for the
Coast Guard, including implementation of the unique acquisition
policies, regulations, and standards of the Coast Guard;
``(6) developing and maintaining an acquisition career
management program in the Coast Guard to ensure that there is
an adequate acquisition workforce;
``(7) assessing the requirements established for Coast Guard
personnel regarding knowledge and skill in acquisition
resources and management and the adequacy of such requirements
for facilitating the achievement of the performance goals
established for acquisition management;
``(8) developing strategies and specific plans for hiring,
training, and professional development; and
``(9) reporting to the Commandant, through the chain of
command, on the progress made in improving acquisition
management capability.''.
(b) Application of Qualification Requirement.--Section 56(b) of title
14, United States Code, as amended by this section, shall apply
beginning October 1, 2011.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by adding at the end the following:
``56. Chief Acquisition Officer.''.
(d) Elevation of Disputes to the Chief Acquisition Officer.--Within
45 days after the elevation to the Chief Acquisition Officer of any
design or other dispute regarding a Level 1 or Level 2 acquisition, the
Commandant shall provide to the appropriate congressional committees a
detailed description of the issue and the rationale underlying the
decision taken by the Chief Acquisition Officer to resolve the issue.
(e) Special Rate Supplements.--
(1) Requirement to establish.--Not later than 1 year after
the date of enactment of this Act and in accordance with part
9701.333 of title 5, Code of Federal Regulations, the
Commandant shall establish special rate supplements that
provide higher pay levels for employees necessary to carry out
the amendment made by this section.
(2) Subject to appropriations.--The requirement under
paragraph (1) is subject to the availability of appropriations.
SEC. 542. IMPROVEMENTS IN COAST GUARD ACQUISITION MANAGEMENT.
(a) Program and Project Managers.--An individual may not be assigned
as the program manager for a Level 1 or Level 2 acquisition unless the
individual holds a Level III acquisition certification as a program
manager.
(b) Integrated Product Teams.--Integrated product teams, and all
teams that oversee integrated product teams, shall be chaired by
officers, members, or employees of the Coast Guard.
(c) Technical Authority.--The Commandant shall maintain or designate
the technical authority to establish, approve, and maintain technical
requirements. Any such designation shall be made in writing and may not
be delegated to the authority of the Chief Acquisition Officer
established by section 55 of title 14, United States Code.
(d) Designation of Positions in the Acquisition Workforce.--
(1) In general.--The Commandant shall designate a sufficient
number of positions to be in the Coast Guard's acquisition
workforce to perform acquisition-related functions at Coast
Guard headquarters and field activities.
(2) Required positions.--In designating positions under
subsection (a), the Commandant shall include, at a minimum,
positions encompassing the following competencies and
functions:
(A) Program management.
(B) Systems planning, research, development,
engineering, and testing.
(C) Procurement, including contracting.
(D) Industrial and contract property management.
(E) Life-cycle logistics.
(F) Quality control and assurance.
(G) Manufacturing and production.
(H) Business, cost estimating, financial management,
and auditing.
(I) Acquisition education, training, and career
development.
(J) Construction and facilities engineering.
(K) Testing and evaluation.
(3) Acquisition management headquarter activities.--The
Commandant shall also designate as positions in the acquisition
workforce under paragraph (1) those acquisition-related
positions located at Coast Guard headquarters units.
(4) Appropriate expertise required.--The Commandant shall
ensure that each individual assigned to a position in the
acquisition workforce has the appropriate expertise to carry
out the responsibilities of that position.
(e) Management Information System.--
(1) In general.--The Commandant shall establish a management
information system capability to improve acquisition workforce
management and reporting.
(2) Information maintained.--Information maintained with such
capability shall include the following standardized information
on individuals assigned to positions in the workforce:
(A) Qualifications, assignment history, and tenure of
those individuals assigned to positions in the
acquisition workforce or holding acquisition-related
certifications.
(B) Promotion rates for officers and members of the
Coast Guard in the acquisition workforce.
(f) Report on Adequacy of Acquisition Workforce.--
(1) In general.--The Commandant shall report to the Congress
by July 1 of each year on the scope of the acquisition
activities to be performed in the next fiscal year and on the
adequacy of the current acquisition workforce to meet that
anticipated workload.
(2) Contents.--The report shall--
(A) specify the number of officers, members, and
employees of the Coast Guard currently and planned to
be assigned to each position designated under
subsection (d); and
(B) identify positions that are understaffed to meet
the anticipated acquisition workload, and actions that
will be taken to correct such understaffing.
(g) Appointments to Acquisition Positions.--The Commandant shall
ensure that no requirement or preference for officers or members of the
Coast Guard is used in the consideration of persons for positions in
the acquisition workforce.
(h) Career Paths.--
(1) Identification of career paths.--To establish acquisition
management as a core competency of the Coast Guard, the
Commandant shall--
(A) ensure that career paths for officers, members,
and employees of the Coast Guard who wish to pursue
careers in acquisition are identified in terms of the
education, training, experience, and assignments
necessary for career progression of those officers,
members, and employees to the most senior positions in
the acquisition workforce; and
(B) publish information on such career paths.
(2) Promotion parity.--The Commandant shall ensure that
promotion parity is established for officers and members of the
Coast Guard who have been assigned to the acquisition workforce
relative to officers and members who have not been assigned to
the acquisition workforce.
(i) Balanced Workforce Policy.--In the development of acquisition
workforce policies under this section with respect to any civilian
employees or applicants for employment, the Commandant shall,
consistent with the merit system principles set out in paragraphs (1)
and (2) of section 2301(b) of title 5, United States Code, take into
consideration the need to maintain a balanced workforce in which women
and members of racial and ethnic minority groups are appropriately
represented in Government service.
(j) Guidance on Tenure and Accountability of Program Managers.--
(1) Issuance of guidance.--Not later than 1 year after the
date of enactment of this Act, the Commandant shall issue
guidance to address the qualifications, resources,
responsibilities, tenure, and accountability of program
managers for the management of acquisition programs and
projects. The guidance shall address, at a minimum--
(A) the qualifications that shall be required of
program managers, including the number of years of
acquisition experience and the professional training
levels to be required of those appointed to program
management positions;
(B) authorities available to program managers,
including, to the extent appropriate, the authority to
object to the addition of new program requirements that
would be inconsistent with the parameters established
for an acquisition program; and
(C) the extent to which a program manager who
initiates a new program or project will continue in
management of that program or project without
interruption until the delivery of the first production
units of the program.
(2) Strategy.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Commandant shall
develop a comprehensive strategy for enhancing the role
of Coast Guard program managers in developing and
carrying out acquisition programs.
(B) Matters to be addressed.--The strategy required
by this section shall address, at a minimum--
(i) the creation of a specific career path
and career opportunities for individuals who
are or may become program managers, including
the rotational assignments that will be
provided to program managers;
(ii) the provision of enhanced training and
educational opportunities for individuals who
are or may become program managers;
(iii) the provision of mentoring support to
current and future program managers by
experienced senior executives and program
managers within the Coast Guard, and through
rotational assignments to the Department of
Defense;
(iv) the methods by which the Coast Guard
will collect and disseminate best practices and
lessons learned on systems acquisition to
enhance program management throughout the Coast
Guard;
(v) the templates and tools that will be used
to support improved data gathering and analysis
for program management and oversight purposes,
including the metrics that will be utilized to
assess the effectiveness of Coast Guard program
managers in managing systems acquisition
efforts;
(vi) a description in detail of how the Coast
Guard will promote a balanced workforce in
which women and members of racial and ethnic
minority groups are appropriately represented
in Government service; and
(vii) the methods by which the accountability
of program managers for the results of
acquisition programs will be increased.
SEC. 543. RECOGNITION OF COAST GUARD PERSONNEL FOR EXCELLENCE IN
ACQUISITION.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Commandant shall commence implementation of a program
to recognize excellent performance by individuals and teams comprised
of officers, members, and employees of the Coast Guard that contributed
to the long-term success of a Coast Guard acquisition program or
project.
(b) Elements.--The program required by subsection (a) shall include
the following:
(1) Specific award categories, criteria, and eligibility and
manners of recognition.
(2) Procedures for the nomination by personnel of the Coast
Guard of individuals and teams comprised of officers, members,
and employees of the Coast Guard for recognition under the
program.
(3) Procedures for the evaluation of nominations for
recognition under the program by one or more panels of
individuals from the Government, academia, and the private
sector who have such expertise and are appointed in such manner
as the Commandant shall establish for the purposes of this
program.
(c) Award of Cash Bonuses.--As part of the program required by
subsection (a), the Commandant, subject to the availability of
appropriations, may award to any individual recognized pursuant to the
program a cash bonus to the extent that the performance of such
individual so recognized warrants the award of such bonus.
SEC. 544. COAST GUARD ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.
(a) In General.--For purposes of sections 3304, 5333, and 5753 of
title 5, United States Code, the Commandant may--
(1) designate any category of acquisition positions within
the Coast Guard as shortage category positions; and
(2) use the authorities in such sections to recruit and
appoint highly qualified persons directly to positions so
designated.
(b) Limitation.--The Commandant may not appoint a person to a
position of employment under this subsection after September 30, 2012.
TITLE VI--MARITIME WORKFORCE DEVELOPMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Maritime Workforce Development
Act''.
SEC. 602. MARITIME EDUCATION LOAN PROGRAM.
(a) In General.--Chapter 517 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 51705. Maritime career training loan program
``(a) Establishment.--The Secretary of Transportation shall establish
a maritime career training loan program (in this section referred to as
the `program') in accordance with the requirements of this section.
``(b) Purpose.--The purpose of the program shall be to make maritime
career training loans available to eligible students to provide for the
training of United States mariners.
``(c) Administration.--The program shall be carried out by the
Secretary, acting through the Administrator of the Maritime
Administration.
``(d) Duties.--The Secretary shall--
``(1) allocate, on an annual basis, the award of loans under
the program based on the needs of students;
``(2) develop an application process and eligibility criteria
for the award of loans under the program;
``(3) approve applications for loans under the program based
on the eligibility criteria and allocations made under
paragraph (1); and
``(4) designate maritime training institutions at which loans
made under the program may be used.
``(e) Designation of Maritime Training Institutions.--
``(1) In general.--In designating maritime training
institutions under subsection (d)(4), the Secretary--
``(A) may include Federal, State, and commercial
training institutions and nonprofit training
organizations, except that undergraduate students at
the United States Merchant Marine Academy shall not be
eligible for loans under the program;
``(B) shall designate institutions based on
geographic diversity and scope of classes offered;
``(C) shall ensure that designated institutions have
the ability to administer the program; and
``(D) shall ensure that designated institutions meet
requirements to provide training instruction for
appropriate Coast Guard-approved training instruction.
``(2) Exclusions.--The Secretary--
``(A) may exclude from participation in the program a
maritime training institution that has had severe
performance deficiencies, including deficiencies
demonstrated by audits or program reviews conducted
during the 5 calendar years immediately preceding the
present year;
``(B) shall exclude from participation in the program
a maritime training institution that has delinquent or
outstanding debts to the United States, unless such
debts are being repaid under or in accordance with a
repayment arrangement satisfactory to the United
States, or the Secretary in the Secretary's discretion
determines that the existence or amount of any such
debts has not been finally determined by the
appropriate Federal agency;
``(C) may exclude from participation in the program a
maritime training institution that has failed to comply
with quality standards established by the Department of
Labor, the Coast Guard, or a State; and
``(D) may establish such other criteria as the
Secretary determines will protect the financial
interest of the United States and promote the purposes
of this section.
``(f) State Maritime Academies.--
``(1) Use of funds for loans to students attending state
maritime academies.--The Secretary may obligate not more than
50 percent of the amounts appropriated to carry out this
section for a fiscal year for loans to undergraduate students
attending State maritime academies receiving assistance under
chapter 515 of this title.
``(2) Academic standards for students.--Students at State
maritime academies receiving loans under the program shall
maintain satisfactory progress toward the completion of their
course of study as evidenced by the maintenance of a cumulative
C average, or its equivalent, or academic standing consistent
with the requirements for graduation, as determined by the
institution.
``(g) Loan Amounts and Use.--
``(1) Maximum amounts.--The Secretary may not make loans to a
student under the program in an amount that exceeds $15,000 in
a calendar year or $60,000 in the aggregate.
``(2) Use of loan proceeds.--A student who receives a loan
under the program may use the proceeds of the loan only for
postsecondary expenses incurred at an institution designated by
the Secretary under subsection (d)(4) for books, tuition,
required fees, travel to and from training facilities, and room
and board.
``(h) Student Eligibility.--To be eligible to receive a loan under
the program, a student shall--
``(1) be eligible to hold a license or merchant mariner
document issued by the Coast Guard;
``(2) provide to the Secretary such information as the
Secretary may require, including all current Coast Guard
documents, certifications, proof of United States citizenship
or permanent legal status, and a statement of intent to enter a
maritime career;
``(3) meet the enrollment requirements of a maritime training
institution designated by the Secretary under subsection
(d)(4); and
``(4) sign an agreement to--
``(A) complete a course of instruction at such a
maritime training institution; and
``(B)(i) maintain a license and serve as an officer
in the merchant marine on a documented vessel or a
vessel owned and operated by the United States for at
least 18 months of service at sea following the date of
graduation from the maritime program for which the loan
proceeds will be used; or
``(ii) serve as an unlicensed merchant mariner on a
documented vessel or a vessel owned and operated by the
United States for at least 18 months of service at sea
following the date of graduation from the maritime
program for which the loan proceeds will be used.
``(i) Administration of Loans.--
``(1) Contents of loan agreements.--Any agreement between the
Secretary and a student borrower for a loan under the program
shall--
``(A) be evidenced by a note or other written
instrument that provides for the repayment of the
principal amount of the loan and any origination fee,
together with interest thereon, in equal installments
(or, if the student borrower so requests, in graduated
periodic installments determined in accordance with
such schedules as may be approved by the Secretary)
payable quarterly, bimonthly, or monthly, at the option
of the student borrower, over a period beginning 9
months from the date on which the student borrower
completes study or discontinues attendance at the
maritime program for which the loans are used at the
institution approved by the Secretary and not exceeding
10 years;
``(B) include provision for acceleration of repayment
of the whole, or any part, of such loan, at the option
of the student borrower;
``(C) provide the loan without security and without
endorsement;
``(D) provide that the liability to repay the loan
shall be canceled upon the death of the student
borrower, or if the student borrower becomes
permanently and totally disabled, as determined in
accordance with regulations to be issued by the
Secretary;
``(E) contain a notice of the system of disclosure of
information concerning default on such loan to credit
bureau organizations; and
``(F) include provisions for deferral of repayment,
as determined by the Secretary.
``(2) Rate of interest.--A student borrower who receives a
loan under the program on or after January 1, 2010, and before
October 1, 2015, shall be obligated to repay the loan amount to
the Secretary, together with interest beginning in the period
referred to in paragraph (1)(A), at a rate to be determined as
follows:
``(A) For a loan for which the first disbursement is
made on or after January 1, 2010, and before October 1,
2011, 5.6 percent on the unpaid principal balance of
the loan.
``(B) For a loan for which the first disbursement is
made on or after October 1, 2011, and before October 1,
2012, 4.5 percent on the unpaid principal balance of
the loan.
``(C) For a loan for which the first disbursement is
made on or after October 1, 2012, 3.4 percent on the
unpaid principal balance of the loan.
``(3) Disclosure required prior to disbursement.--
``(A) In general.--The Secretary shall at or prior to
the time the Secretary makes a loan to a student
borrower under the program, provide thorough and
adequate loan information on such loan to the student
borrower. The disclosures required by this paragraph
may be made as part of the written application material
provided to the student borrower, as part of the
promissory note evidencing the loan, or on a separate
written form provided to the student borrower.
``(B) Contents.--The disclosures shall include--
``(i) the address to which communications and
payments should be sent;
``(ii) the principal amount of the loan;
``(iii) the amount of any charges collected
at or prior to the disbursal of the loan and
whether such charges are to be deducted from
the proceeds of the loan or paid separately by
the student borrower;
``(iv) the stated interest rate on the loan;
``(v) the yearly and cumulative maximum
amounts that may be borrowed;
``(vi) an explanation of when repayment of
the loan will be required and when the student
borrower will be obligated to pay interest that
accrues on the loan;
``(vii) a statement as to the minimum and
maximum repayment term that the Secretary may
impose, and the minimum monthly payment
required by law and a description of any
penalty imposed as a consequence of default,
such as liability for expenses reasonably
incurred in attempts by the Secretary to
collect on a loan;
``(viii) a statement of the total cumulative
balance, including the loan applied for, owed
by the student borrower to the Secretary, and
an estimate of the projected monthly payment,
given such cumulative balance;
``(ix) an explanation of any special options
the student borrower may have for loan
consolidation or other refinancing of the loan;
``(x) a statement that the student borrower
has the right to prepay all or part of the
loan, at any time, without penalty;
``(xi) a statement summarizing circumstances
in which repayment of the loan or interest that
accrues on the loan may be deferred, and a
brief notice of the program for repayment of
loans, on the basis of military service,
pursuant to the Department of Defense
educational loan repayment program (10 U.S.C.
16302);
``(xii) a definition of default and the
consequences to the student borrower if the
student borrower defaults, together with a
statement that the disbursement of, and the
default on, a loan under this part shall be
reported to a credit bureau or credit reporting
agency;
``(xiii) to the extent practicable, the
effect of accepting the loan on the eligibility
of the student borrower for other forms of
student assistance; and
``(xiv) an explanation of any cost the
student borrower may incur in the making or
collection of the loan.
``(C) Information to be provided without cost.--The
information provided under this paragraph shall be
available to the Secretary without cost to the student
borrower.
``(4) Repayment after default.--The Secretary may require any
student borrower who has defaulted on a loan made under the
program to--
``(A) pay all reasonable collection costs associated
with such loan; and
``(B) repay the loan pursuant to an income contingent
repayment plan.
``(5) Authorization to reduce rates and fees.--
Notwithstanding any other provision of this section, the
Secretary may prescribe by regulation any reductions in the
interest rate or origination fee paid by a student borrower of
a loan made under the program as the Secretary determines
appropriate to encourage ontime repayment of the loan. Such
reductions may be offered only if the Secretary determines the
reductions are cost neutral and in the best financial interest
of the United States.
``(6) Collection of repayments.--The Secretary shall collect
repayments made under the program and exercise due diligence in
such collection, including maintenance of all necessary records
to ensure that maximum repayments are made. Collection and
servicing of repayments under the program shall be pursued to
the full extent of the law, including wage garnishment if
necessary. The Secretary of the Department in which the Coast
Guard is operating shall provide the Secretary of
Transportation with any information regarding a mariner that
may aid in the collection of repayments under this section.
``(7) Repayment schedule.--A student borrower who receives a
loan under the program shall repay the loan quarterly,
bimonthly, or monthly, at the option of the student borrower,
over a period beginning 9 months from the date the student
borrower completes study or discontinues attendance at the
maritime program for which the loan proceeds are used and
ending not more than 10 years after the date repayment begins.
Provisions for deferral of repayment shall be determined by the
Secretary.
``(8) Contracts for servicing and collection of loans.--The
Secretary may--
``(A) enter into a contract or other arrangement with
State or nonprofit agencies and, on a competitive
basis, with collection agencies for servicing and
collection of loans under this section; and
``(B) conduct litigation necessary to carry out this
section.
``(j) Revolving Loan Fund.--
``(1) Establishment.--The Secretary shall establish a
revolving loan fund consisting of amounts deposited in the fund
under paragraph (2).
``(2) Deposits.--The Secretary shall deposit in the fund--
``(A) receipts from the payment of principal and
interest on loans made under the program; and
``(B) any other monies paid to the Secretary by or on
behalf of individuals under the program.
``(3) Availability of amounts.--Amounts in the fund shall be
available to the Secretary, without further appropriation--
``(A) to cover the administrative costs of the
program, including the maintenance of records and
making collections under this section; and
``(B) to the extent that amounts remain available
after paying such administrative costs, to make loans
under the program.
``(4) Maintenance of records.--The Secretary shall maintain
accurate records of the administrative costs referred to in
paragraph (3)(A).
``(k) Annual Report.--The Secretary, on an annual basis, shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the program, including--
``(1) the total amount of loans made under the program in the
preceding year;
``(2) the number of students receiving loans under the
program in the preceding year; and
``(3) the total amount of loans made under program that are
in default as of the date of the report.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2010 through 2015--
``(1) $10,000,000 for making loans under the program; and
``(2) $1,000,000 for administrative expenses of the Secretary
in carrying out the program.
``Sec. 51706. Maritime recruitment, training, and retention grant
program
``(a) Strategic Plan.--
``(1) In general.--Not later than one year after the date of
enactment of this section, and at least once every 3 years
thereafter, the Secretary of Transportation, acting through the
Administrator of the Maritime Administration, shall publish in
the Federal Register a plan that describes the demonstration,
research, and multistate project priorities of the Department
of Transportation concerning merchant mariner recruitment,
training, and retention for the 3-year period following the
date of publication of the plan.
``(2) Contents.--A plan published under paragraph (1) shall
contain strategies and identify potential projects to address
merchant mariner recruitment, training, and retention issues in
the United States.
``(3) Factors.--In developing a plan under paragraph (1), the
Secretary shall take into account, at a minimum--
``(A) the availability of existing research (as of
the date of publication of the plan);
``(B) the need to ensure results that have broad
applicability;
``(C) the benefits of economies of scale and the
efficiency of potential projects; and
``(D) the likelihood that the results of potential
projects will be useful to policymakers and
stakeholders in addressing merchant mariner
recruitment, training, and retention issues.
``(4) Consultation.--In developing a plan under paragraph
(1), the Secretary shall consult with representatives of the
maritime industry, labor organizations, and other governmental
entities and parties with an interest in the maritime industry.
``(5) Transmittal to congress.--The Secretary shall transmit
copies of a plan published under paragraph (1) to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(b) Demonstration Projects.--
``(1) In general.--The Secretary may award grants to a
maritime training institution to carry out demonstration
projects that implement the priorities identified in the plan
prepared under subsection (a)(1), for the purpose of developing
and implementing methods to address merchant mariner
recruitment, training, and retention issues.
``(2) Grant awards.--Grants shall be awarded under this
subsection on a competitive basis under guidelines and
requirements to be established by the Secretary.
``(3) Applications.--To be eligible to receive a grant for a
project under this subsection, a maritime training institution
shall submit to the Secretary a grant proposal that includes,
at a minimum--
``(A) information demonstrating the estimated
effectiveness of the project; and
``(B) a method for evaluating the effectiveness of
the project.
``(4) Eligible projects.--Projects eligible for grants under
this subsection may include--
``(A) the establishment of maritime technology skill
centers developed through local partnerships of
industry, labor, education, community-based
organizations, economic development organizations, or
Federal, State, and local government agencies to meet
unmet skills needs of the maritime industry;
``(B) projects that provide training to upgrade the
skills of workers who are employed in the maritime
industry;
``(C) projects that promote the use of distance
learning, enabling students to take courses through the
use of media technology, such as videos,
teleconferencing, and the Internet;
``(D) projects that assist in providing services to
address maritime recruitment and training of youth
residing in targeted high poverty areas within
empowerment zones and enterprise communities;
``(E) the establishment of partnerships with national
and regional organizations with special expertise in
developing, organizing, and administering merchant
mariner recruitment and training services; and
``(F) the establishment of maritime training programs
that foster technical skills and operational
productivity in communities in which economies are
related to or dependent upon the maritime industry.
``(c) Projects Authorized.--
``(1) Projects.--The Secretary may award grants to carry out
projects identified in a plan published under subsection (a)(1)
under which the project sponsor will--
``(A) design, develop, and test an array of
approaches to providing recruitment, training, or
retention services to one or more targeted populations;
``(B) in conjunction with employers, organized labor,
other groups (such as community coalitions), and
Federal, State, or local agencies, design, develop, and
test various training approaches in order to determine
effective practices; or
``(C) assist in the development and replication of
effective service delivery strategies for the national
maritime industry as a whole.
``(2) Research projects.--The Secretary may award grants to
carry out research projects identified in a plan published
under subsection (a)(1) that will contribute to the solution of
maritime industry recruitment, training, and retention issues
in the United States.
``(3) Multistate or regional projects.--The Secretary may
award grants to carry out multistate or regional projects
identified in a plan published under subsection (a)(1) to
effectively disseminate best practices and models for
implementing maritime recruitment, training, and retention
services designed to address industry-wide skill shortages.
``(4) Grant awards.--Grants shall be awarded under this
subsection on a competitive basis under guidelines and
requirements to be established by the Secretary.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2010 through 2015--
``(1) $10,000,000 for making grants under this section; and
``(2) $1,000,000 for administrative expenses of the Secretary
in carrying out this section.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``51705. Maritime career training loan program.
``51706. Maritime recruitment, training, and retention grant
program.''.
TITLE VII--COAST GUARD MODERNIZATION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Coast Guard Modernization Act of
2009''.
Subtitle A--Coast Guard Leadership
SEC. 711. ADMIRALS AND VICE ADMIRALS.
(a) Admirals.--Section 41 of title 14, United States Code, is amended
by striking ``an admiral,'' and inserting ``admirals;''.
(b) Vice Commandant.--Section 47 of title 14, United States Code, is
amended--
(1) in the section heading by striking ``assignment'' and
inserting ``appointment''; and
(2) in the text by striking ``vice admiral'' and inserting
``admiral''.
(c) Vice Admirals.--
(1) In general.--Section 50 of title 14, United States Code,
is amended to read as follows:
``Sec. 50. Vice admirals
``(a)(1) The President may designate 4 positions of importance and
responsibility that shall be held by officers who--
``(A) while so serving, shall have the grade of vice admiral,
with the pay and allowances of that grade; and
``(B) shall perform any duties as the Commandant may
prescribe.
``(2) The 4 vice admiral positions authorized under paragraph (1)
are, respectively, the following:
``(A) The Deputy Commandant for Mission Support.
``(B) The Deputy Commandant for Operations and Policy.
``(C) The Commander, Force Readiness Command.
``(D) The Commander, Operations Command.
``(3) The President may appoint, by and with the advice and consent
of the Senate, and reappoint, by and with the advice and consent of the
Senate, to each of the positions designated under paragraph (1) an
officer of the Coast Guard who is serving on active duty above the
grade of captain. The Commandant shall make recommendations for those
appointments.
``(4)(A) Except as provided in subparagraph (B), the Deputy
Commandant for Operations and Policy must have at least 10 years
experience in vessel inspection, marine casualty investigations,
mariner licensing, or an equivalent technical expertise in the design
and construction of commercial vessels, with at least 4 years of
leadership experience at a staff or unit carrying out marine safety
functions.
``(B) The requirements of subparagraph (A) do not apply to such
Deputy Commandant if the subordinate officer serving in the grade of
rear admiral with responsibilities for marine safety, security, and
stewardship possesses that experience.
``(b)(1) The appointment and the grade of vice admiral under this
section shall be effective on the date the officer assumes that duty
and, except as provided in paragraph (2) of this subsection or in
section 51(d) of this title, shall terminate on the date the officer is
detached from that duty.
``(2) An officer who is appointed to a position designated under
subsection (a) shall continue to hold the grade of vice admiral--
``(A) while under orders transferring the officer to another
position designated under subsection (a), beginning on the date
the officer is detached from duty and terminating on the date
before the day the officer assumes the subsequent duty, but not
for more than 60 days;
``(B) while hospitalized, beginning on the day of the
hospitalization and ending on the day the officer is discharged
from the hospital, but not for more than 180 days; and
``(C) while awaiting retirement, beginning on the date the
officer is detached from duty and ending on the day before the
officer's retirement, but not for more than 60 days.
``(c)(1) An appointment of an officer under subsection (a) does not
vacate the permanent grade held by the officer.
``(2) An officer serving in a grade above rear admiral who holds the
permanent grade of rear admiral (lower half) shall be considered for
promotion to the permanent grade of rear admiral as if the officer was
serving in the officer's permanent grade.
``(d) Whenever a vacancy occurs in a position designated under
subsection (a), the Commandant shall inform the President of the
qualifications needed by an officer serving in that position to carry
out effectively the duties and responsibilities of that position.''.
(2) Application of deputy commandant qualification
requirement.--The requirement under section 50(a)(4)(A) of
title 14, United States Code, as amended by this subsection,
shall apply on and after October 1, 2011.
(d) Repeal.--Section 50a of title 14, United States Code, is
repealed.
(e) Conforming Amendment.--Section 51 of that title is amended--
(1) by amending subsections (a), (b), and (c) to read as
follows:
``(a) An officer, other than the Commandant, who, while serving in
the grade of admiral or vice admiral, is retired for physical
disability shall be placed on the retired list with the highest grade
in which that officer served.
``(b) An officer, other than the Commandant, who is retired while
serving in the grade of admiral or vice admiral, or who, after serving
at least two and one-half years in the grade of admiral or vice
admiral, is retired while serving in a lower grade, may in the
discretion of the President, be retired with the highest grade in which
that officer served.
``(c) An officer, other than the Commandant, who, after serving less
than two and one-half years in the grade of admiral or vice admiral, is
retired while serving in a lower grade, shall be retired in his
permanent grade.''; and
(2) in subsection (d)(2) by striking ``Area Commander, or
Chief of Staff'' and inserting ``or Vice Admirals''.
(f) Continuity of Grade.--Section 52 of title 14, United States Code,
is amended--
(1) in the section heading by inserting ``and admirals''
after ``Vice admirals''; and
(2) in the text by inserting ``or admiral'' after ``vice
admiral'' the first time that term appears.
(g) Continuation on Active Duty.--The second sentence of section
290(a) of title 14, United States Code, is amended to read as follows:
``Officers, other than the Commandant, serving for the time being or
who have served in the grade of vice admiral or admiral are not subject
to consideration for continuation under this subsection, and as to all
other provisions of this section shall be considered as having been
continued in the grade of rear admiral.''.
(h) Treatment of Incumbents; Transition.--
(1) Vice commandant.--Notwithstanding any other provision of
law, the officer who, on the date of enactment of this Act, is
serving in the Coast Guard as Vice Commandant--
(A) shall continue to serve as Vice Commandant;
(B) shall have the grade of admiral with pay and
allowances of that grade; and
(C) shall not be required to be reappointed by reason
of the enactment of this Act.
(2) Chief of staff, commander, atlantic area, or commander,
pacific area.--Notwithstanding any other provision of law, an
officer who, on the date of enactment of this Act, is serving
in the Coast Guard as Chief of Staff, Commander, Atlantic Area,
or Commander, Pacific Area--
(A) shall continue to have the grade of vice admiral
with pay and allowance of that grade until such time
that the officer is relieved of his or her duties and
appointed and confirmed to another position as a vice
admiral or admiral; and
(B) for the purposes of transition, may continue, for
not more than one year after the date of enactment of
this Act, to perform the duties of the officer's former
position and any other such duties that the Commandant
prescribes.
(i) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 3 of
title 14, United States Code, is amended--
(A) by striking the item relating to section 47 and
inserting the following:
``47. Vice Commandant; appointment.'';
(B) by striking the item relating to section 50 and
inserting the following:
``50. Vice admirals.'';
(C) by striking the item relating to section 50a; and
(D) by striking the item relating to section 52 and
inserting the following:
``52. Vice admirals and admirals, continuity of grade.''.
(j) Technical Correction.--Section 47 of title 14, United States
Code, is further amended in the fifth sentence by striking
``subsection'' and inserting ``section''.
Subtitle B--Marine Safety Administration
SEC. 721. MARINE SAFETY.
(a) Establish Marine Safety as a Coast Guard Function.--Chapter 5 of
title 14, United States Code, is further amended by adding at the end
the following new section:
``Sec. 101. Marine safety
``To protect life, property, and the environment on, under, and over
waters subject to the jurisdiction of the United States and on vessels
subject to the jurisdiction of the United States, the Commandant shall
promote maritime safety as follows:
``(1) By taking actions necessary and in the public interest
to protect such life, property, and the environment.
``(2) Based on the following priorities:
``(A) Preventing marine casualties and threats to the
environment.
``(B) Minimizing the impacts of marine casualties and
environmental threats.
``(C) Maximizing lives and property saved and
environment protected in the event of a marine
casualty.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is further amended by adding at the end the following new item:
``101. Marine safety.''.
SEC. 722. MARINE SAFETY STAFF.
(a) In General.--Chapter 3 of title 14, United States Code, is
further amended by adding at the end the following new sections:
``Sec. 57. Marine safety workforce
``(a) Designation of Marine Safety Workforce.--
``(1) In general.--The Secretary, acting through the
Commandant, shall designate those positions in the Coast Guard
that constitute the marine safety workforce.
``(2) Required positions.--In designating positions under
paragraph (1), the Secretary shall include, at a minimum, the
following marine safety-related positions:
``(A) Program oversight.
``(B) Vessel and facility inspection.
``(C) Casualty investigation.
``(D) Pollution investigation.
``(E) Merchant Mariner licensing, documentation, and
registry.
``(F) Marine safety engineering or other technical
activities.
``(3) Marine safety management headquarter activities.--The
Secretary shall also designate under paragraph (1) those marine
safety-related positions located at Coast Guard headquarters
units, including the Marine Safety Center and the National
Maritime Center.
``(b) Career Paths.--The Secretary, acting through the Commandant,
shall ensure that appropriate career paths for civilian and military
Coast Guard personnel who wish to pursue careers in marine safety are
identified in terms of the education, training, experience, and
assignments necessary for career progression of civilians and members
of the Armed Forces to the most senior marine safety positions. The
Secretary shall make available published information on such career
paths.
``(c) Qualifications.--With regard to the marine safety workforce, an
officer, member, or civilian employee of the Coast Guard assigned as
a--
``(1) marine inspector shall have the training, experience,
and qualifications equivalent to that required for a similar
position at a classification society recognized by the
Secretary under section 3316 of title 46 for the type of
vessel, system, or equipment that is inspected;
``(2) marine casualty investigator shall have training,
experience, and qualifications in investigation, marine
casualty reconstruction, evidence collection and preservation,
human factors, and documentation using best investigation
practices by Federal and non-Federal entities; or
``(3) marine safety engineer shall have knowledge, skill, and
practical experience in--
``(A) the construction and operation of commercial
vessels;
``(B) judging the character, strength, stability, and
safety qualities of such vessels and their equipment;
or
``(C) the qualifications and training of vessel
personnel.
``(d) Apprenticeship Requirement.--Any officer, member, or employee
of the Coast Guard in training to become a marine inspector, marine
casualty investigator, or a marine safety engineer shall serve a
minimum of one-year apprenticeship, unless otherwise directed by the
Commandant, under the guidance of a qualified marine inspector, marine
casualty investigator, or marine safety engineer. The Commandant may
authorize shorter apprenticeship periods for certain qualifications, as
appropriate.
``(e) Balanced Workforce Policy.--In the development of marine safety
workforce policies under this section with respect to any civilian
employees or applicants for employment with the Coast Guard, the
Secretary shall, consistent with the merit system principles set out in
paragraphs (1) and (2) of section 2301(b) of title 5, take into
consideration the need to maintain a balanced workforce in which women
and members of racial and ethnic minority groups are appropriately
represented in Government service.
``(f) Management Information System.--The Secretary, acting through
the Commandant, shall establish a management information system for the
marine safety workforce that shall provide, at a minimum, the following
standardized information on persons serving in marine safety positions:
``(1) Qualifications, assignment history, and tenure in
assignments of persons in the marine safety workforce.
``(2) Promotion rates for military and civilian personnel in
the marine safety workforce.
``(g) Assessment of Adequacy of Marine Safety Workforce.--
``(1) Report.--The Secretary, acting through the Commandant,
shall report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate by December 1 of each year on the adequacy of the
current marine safety workforce to meet that anticipated
workload.
``(2) Contents.--The report shall specify the number of
civilian and military Coast Guard personnel currently assigned
to marine safety positions and shall identify positions that
are understaffed to meet the anticipated marine safety
workload.
``(h) Sector Chief of Marine Safety.--
``(1) In general.--There shall be in each Coast Guard sector
a Chief of Marine Safety who shall be at least a Lieutenant
Commander or civilian employee within the grade GS-13 of the
General Schedule, and who shall be a--
``(A) marine inspector, qualified to inspect vessels,
vessel systems, and equipment commonly found in the
sector; and
``(B) qualified marine casualty investigator.
``(2) Functions.--The Chief of Marine Safety for a sector--
``(A) is responsible for all individuals who, on
behalf of the Coast Guard, inspect or examine vessels,
conduct marine casualty investigations; and
``(B) if not the Coast Guard officer in command of
that sector, is the principal advisor to the Sector
Commander regarding marine safety matters in that
sector.
``(i) Signatories of Letter of Qualification.--Each individual
signing a letter of qualification for marine safety personnel must hold
a letter of qualification for the type being certified.
``Sec. 58. Centers of Expertise for Marine Safety
``(a) Establishment.--The Commandant of the Coast Guard may establish
and operate one or more Centers of Expertise for Marine Safety (in this
section referred to as a `Center').
``(b) Missions.--The Centers shall--
``(1) be used to provide and facilitate education, training,
and research in marine safety including vessel inspection and
causality investigation;
``(2) develop a repository of information on marine safety;
and
``(3) perform any other missions as the Commandant may
specify.
``(c) Joint Operation With Educational Institution Authorized.--The
Commandant may enter into an agreement with an appropriate official of
an institution of higher education to--
``(1) provide for joint operation of a Center; and
``(2) provide necessary administrative services for a Center,
including administration and allocation of funds.
``(d) Acceptance of Donations.--(1) Except as provided in paragraph
(2), the Commandant may accept, on behalf of a Center, donations to be
used to defray the costs of the Center or to enhance the operation of
the Center. Those donations may be accepted from any State or local
government, any foreign government, any foundation or other charitable
organization (including any that is organized or operates under the
laws of a foreign country), or any individual.
``(2) The Commandant may not accept a donation under paragraph (1) if
the acceptance of the donation would compromise or appear to
compromise--
``(A) the ability of the Coast Guard or the department in
which the Coast Guard is operating, any employee of the Coast
Guard or the department, or any member of the Armed Forces to
carry out any responsibility or duty in a fair and objective
manner; or
``(B) the integrity of any program of the Coast Guard, the
department in which the Coast Guard is operating, or of any
person involved in such a program.
``(3) The Commandant shall prescribe written guidance setting forth
the criteria to be used in determining whether or not the acceptance of
a donation from a foreign source would have a result described in
paragraph (2).
``Sec. 59. Marine industry training program
``(a) In General.--The Commandant shall, by policy, establish a
program under which an officer, member, or employee of the Coast Guard
may be assigned to a private entity to further the institutional
interests of the Coast Guard with regard to marine safety, including
for the purpose of providing training to an officer, member, or
employee. Policies to carry out the program--
``(1) with regard to an employee of the Coast Guard, shall
include provisions, consistent with sections 3702 through 3704
of title 5, as to matters concerning--
``(A) the duration and termination of assignments;
``(B) reimbursements; and
``(C) status, entitlements, benefits, and obligations
of program participants; and
``(2) shall require the Commandant, before approving the
assignment of an officer, member, or employee of the Coast
Guard to a private entity, to determine that the assignment is
an effective use of the Coast Guard's funds, taking into
account the best interests of the Coast Guard and the costs and
benefits of alternative methods of achieving the same results
and objectives.
``(b) Annual Report.--Not later than the date of the submission each
year of the President's budget request under section 1105 of title 31,
the Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
describes--
``(1) the number of officers, members, and employees of the
Coast Guard assigned to private entities under this section;
and
``(2) the specific benefit that accrues to the Coast Guard
for each assignment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by adding at the end the following new
items:
``57. Marine safety workforce.
``58. Centers of Expertise for Marine Safety.
``59. Marine industry training program.''.
SEC. 723. MARINE SAFETY MISSION PRIORITIES AND LONG-TERM GOALS.
(a) In General.--Chapter 21 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 2116. Marine safety strategy, goals, and performance assessments
``(a) Long-Term Strategy and Goals.--In conjunction with existing
federally required strategic planning efforts, the Secretary shall
develop a long-term strategy for improving vessel safety and the safety
of individuals on vessels. The strategy shall include the issuance each
year of an annual plan and schedule for achieving the following goals:
``(1) Reducing the number and rates of marine casualties.
``(2) Improving the consistency and effectiveness of vessel
and operator enforcement and compliance programs.
``(3) Identifying and targeting enforcement efforts at high-
risk vessels and operators.
``(4) Improving research efforts to enhance and promote
vessel and operator safety and performance.
``(b) Contents of Strategy and Annual Plans.--
``(1) Measurable goals.--The strategy and annual plans shall
include specific numeric or measurable goals designed to
achieve the goals set forth in subsection (a). The purposes of
the numeric or measurable goals are the following:
``(A) To increase the number of safety examinations
on all high-risk vessels.
``(B) To eliminate the backlog of marine safety-
related rulemakings.
``(C) To improve the quality and effectiveness of
marine safety information databases by ensuring that
all Coast Guard personnel accurately and effectively
report all safety, casualty, and injury information.
``(D) To provide for a sufficient number of Coast
Guard marine safety personnel, and provide adequate
facilities and equipment to carry out the functions
referred to in section 93(c).
``(2) Resource needs.--The strategy and annual plans shall
include estimates of--
``(A) the funds and staff resources needed to
accomplish each activity included in the strategy and
plans; and
``(B) the staff skills and training needed for timely
and effective accomplishment of each goal.
``(c) Submission With the President's Budget.--Beginning with fiscal
year 2011 and each fiscal year thereafter, the Secretary shall submit
to Congress the strategy and annual plan not later than 60 days
following the transmission of the President's budget submission under
section 1105 of title 31.
``(d) Achievement of Goals.--
``(1) Progress assessment.--No less frequently than
semiannually, the Coast Guard Commandant and the Assistant
Commandant for Marine Safety shall jointly assess the progress
of the Coast Guard toward achieving the goals set forth in
subsection (b). The Commandant and the Assistant Commandant
shall jointly convey their assessment to the employees of the
Assistant Commandant and shall identify any deficiencies that
should be remedied before the next progress assessment.
``(2) Report to congress.--The Secretary shall report
annually to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate--
``(A) on the performance of the marine safety program
in achieving the goals of the marine safety strategy
and annual plan under subsection (a) for the year
covered by the report;
``(B) on the program's mission performance in
achieving numerical measurable goals established under
subsection (b); and
``(C) recommendations on how to improve performance
of the program.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following new item:
``2116. Marine safety strategy, goals, and performance assessments.''.
(c) Certificates of Inspection.--Section 3309 of title 46, United
States Code, is amended by adding at the end the following:
``(d) A certificate of inspection issued under this section shall be
signed by the senior Coast Guard member or civilian employee who
inspected the vessel, in addition to the officer in charge of marine
inspection.''.
SEC. 724. POWERS AND DUTIES.
Section 93 of title 14, United States Code, is amended by adding at
the end the following new subsections:
``(c) Marine Safety Responsibilities.--In exercising the Commandant's
duties and responsibilities with regard to marine safety, the
individual with the highest rank who meets the experience
qualifications set forth in section 50(a)(4) shall serve as the
principal advisor to the Commandant regarding--
``(1) the operation, regulation, inspection, identification,
manning, and measurement of vessels, including plan approval
and the application of load lines;
``(2) approval of materials, equipment, appliances, and
associated equipment;
``(3) the reporting and investigation of marine casualties
and accidents;
``(4) the licensing, certification, documentation, protection
and relief of merchant seamen;
``(5) suspension and revocation of licenses and certificates;
``(6) enforcement of manning requirements, citizenship
requirements, control of log books;
``(7) documentation and numbering of vessels;
``(8) State boating safety programs;
``(9) commercial instruments and maritime liens;
``(10) the administration of bridge safety;
``(11) administration of the navigation rules;
``(12) the prevention of pollution from vessels;
``(13) ports and waterways safety;
``(14) waterways management; including regulation for
regattas and marine parades;
``(15) aids to navigation; and
``(16) other duties and powers of the Secretary related to
marine safety and stewardship.
``(d) Other Authority Not Affected.--Nothing in subsection (c)
affects--
``(1) the authority of Coast Guard officers and members to
enforce marine safety regulations using authority under section
89 of this title; or
``(2) the exercise of authority under section 91 of this
title and the provisions of law codified at sections 191
through 195 of title 50 on the date of enactment of this
paragraph.''.
SEC. 725. APPEALS AND WAIVERS.
(a) In General.--Chapter 5 of title 14, United States Code, is
further amended by inserting at the end the following new section:
``Sec. 102. Appeals and waivers
``Except for the Commandant of the Coast Guard, any individual
adjudicating an appeal or waiver of a decision regarding marine safety,
including inspection or manning and threats to the environment, shall--
``(1) be a qualified specialist with the training,
experience, and qualifications in marine safety to effectively
judge the facts and circumstances involved in the appeal and
make a judgment regarding the merits of the appeal; or
``(2) have a senior staff member who--
``(A) meets the requirements of paragraph (1);
``(B) actively advises the individual adjudicating
the appeal; and
``(C) concurs in writing on the decision on
appeal.''.
(b) Clerical Amendment.--The analysis for such chapter is further
amended by adding at the end the following new item:
``102. Appeals and waivers.''.
SEC. 726. COAST GUARD ACADEMY.
(a) In General.--Chapter 9 of title 14, United States Code, is
further amended by adding at the end the following new section:
``Sec. 200. Marine safety curriculum
``The Commandant of the Coast Guard shall ensure that professional
courses of study in marine safety are provided at the Coast Guard
Academy, and during other officer accession programs, to give Coast
Guard cadets and other officer candidates a background and
understanding of the marine safety program. These courses may include
such topics as program history, vessel design and construction, vessel
inspection, casualty investigation, and administrative law and
regulations.''.
(b) Clerical Amendment.--The analysis for such chapter is further
amended by adding at the end the following new item:
``200. Marine safety curriculum.''.
SEC. 727. REPORT REGARDING CIVILIAN MARINE INSPECTORS.
Not later than one year after the date of enactment of this Act, the
Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on Coast Guard's efforts to recruit and retain civilian marine
inspectors and investigators and the impact of such recruitment and
retention efforts on Coast Guard organizational performance.
TITLE VIII--MARINE SAFETY
SEC. 801. SHORT TITLE.
This title may be cited as the ``Maritime Safety Act of 2009''.
SEC. 802. VESSEL SIZE LIMITS.
(a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title
46, United States Code, is amended--
(1) by inserting ``and'' after the semicolon at the end of
subparagraph (A)(i);
(2) by striking ``and'' at the end of subparagraph (A)(ii);
(3) by striking subparagraph (A)(iii);
(4) by striking the period at the end of subparagraph (B) and
inserting ``; or''; and
(5) by inserting at the end the following:
``(C) the vessel is either a rebuilt vessel or a
replacement vessel under section 208(g) of the American
Fisheries Act (title II of division C of Public Law
105-277; 112 Stat. 2681-627) and is eligible for a
fishery endorsement under this section.''.
(b) Conforming Amendments.--
(1) Vessel rebuilding and replacement.--Section 208(g) of the
American Fisheries Act (title II of division C of Public Law
105-277; 112 Stat. 2681-627) is amended to read as follows:
``(g) Vessel Rebuilding and Replacement.--
``(1) In general.--
``(A) Rebuild or replace.--Notwithstanding any
limitation to the contrary on replacing, rebuilding, or
lengthening vessels or transferring permits or licenses
to a replacement vessel contained in sections 679.2 and
679.4 of title 50, Code of Federal Regulations, as in
effect on the date of enactment of the Maritime Safety
Act of 2009 and except as provided in paragraph (4),
the owner of a vessel eligible under subsection (a),
(b), (c), (d), or (e) (other than paragraph (21)), in
order to improve vessel safety and operational
efficiencies (including fuel efficiency), may rebuild
or replace that vessel (including fuel efficiency) with
a vessel documented with a fishery endorsement under
section 12113 of title 46, United States Code.
``(B) Same requirements.--The rebuilt or replacement
vessel shall be eligible in the same manner and subject
to the same restrictions and limitations under such
subsection as the vessel being rebuilt or replaced.
``(C) Transfer of permits and licenses.--Each fishing
permit and license held by the owner of a vessel or
vessels to be rebuilt or replaced under subparagraph
(A) shall be transferred to the rebuilt or replacement
vessel.
``(2) Recommendations of north pacific fishery management
council.--The North Pacific Fishery Management Council may
recommend for approval by the Secretary such conservation and
management measures, including size limits and measures to
control fishing capacity, in accordance with the Magnuson-
Stevens Act as it considers necessary to ensure that this
subsection does not diminish the effectiveness of fishery
management plans of the Bering Sea and Aleutian Islands
Management Area or the Gulf of Alaska.
``(3) Special rule for replacement of certain vessels.--
``(A) In general.--Notwithstanding the requirements
of subsections (b)(2), (c)(1), and (c)(2) of section
12113 of title 46, United States Code, a vessel that is
eligible under subsection (a), (b), (c), (d), or (e)
(other than paragraph (21)) and that qualifies to be
documented with a fishery endorsement pursuant to
section 203(g) or 213(g) may be replaced with a
replacement vessel under paragraph (1) if the vessel
that is replaced is validly documented with a fishery
endorsement pursuant to section 203(g) or 213(g) before
the replacement vessel is documented with a fishery
endorsement under section 12113 of title 46, United
States Code.
``(B) Applicability.--A replacement vessel under
subparagraph (A) and its owner and mortgagee are
subject to the same limitations under section 203(g) or
213(g) that are applicable to the vessel that has been
replaced and its owner and mortgagee.
``(4) Special rules for certain catcher vessels.--
``(A) In general.--A replacement for a covered vessel
described in subparagraph (B) is prohibited from
harvesting fish in any fishery (except for the Pacific
whiting fishery) managed under the authority of any
Regional Fishery Management Council (other than the
North Pacific Fishery Management Council) established
under section 302(a) of the Magnuson-Stevens Act.
``(B) Covered vessels.--A covered vessel referred to
in subparagraph (A) is--
``(i) a vessel eligible under subsection (a),
(b), or (c) that is replaced under paragraph
(1); or
``(ii) a vessel eligible under subsection
(a), (b), or (c) that is rebuilt to increase
its registered length, gross tonnage, or shaft
horsepower.
``(5) Limitation on fishery endorsements.--Any vessel that is
replaced under this subsection shall thereafter not be eligible
for a fishery endorsement under section 12113 of title 46,
United States Code, unless that vessel is also a replacement
vessel described in paragraph (1).
``(6) Gulf of alaska limitation.--Notwithstanding paragraph
(1), the Secretary shall prohibit from participation in the
groundfish fisheries of the Gulf of Alaska any vessel that is
rebuilt or replaced under this subsection and that exceeds the
maximum length overall specified on the license that authorizes
fishing for groundfish pursuant to the license limitation
program under part 679 of title 50, Code of Federal
Regulations, as in effect on the date of enactment of the
Maritime Safety Act of 2009.
``(7) Authority of pacific council.--Nothing in this section
shall be construed to diminish or otherwise affect the
authority of the Pacific Council to recommend to the Secretary
conservation and management measures to protect fisheries under
its jurisdiction (including the Pacific whiting fishery) and
participants in such fisheries from adverse impacts caused by
this Act.''.
(2) Exemption of certain vessels.--Section 203(g) of the
American Fisheries Act (title II of division C of Public Law
105-277; 112 Stat. 2681-620) is amended--
(A) by inserting ``and'' after ``(United States
official number 651041)'';
(B) by striking ``, NORTHERN TRAVELER (United States
official number 635986), and NORTHERN VOYAGER (United
States official number 637398) (or a replacement vessel
for the NORTHERN VOYAGER that complies with paragraphs
(2), (5), and (6) of section 208(g) of this Act)''; and
(C) by striking ``, in the case of the NORTHERN'' and
all that follows through ``PHOENIX,''.
(3) Fishery cooperative exit provisions.--Section 210(b) of
the American Fisheries Act (title II of division C of Public
Law 105-277; 112 Stat. 2681-629) is amended--
(A) by moving the matter beginning with ``the
Secretary shall'' in paragraph (1) 2 ems to the right;
and
(B) by adding at the end the following:
``(7) Fishery cooperative exit provisions.--
``(A) Fishing allowance determination.--For purposes
of determining the aggregate percentage of directed
fishing allowances under paragraph (1), when a catcher
vessel is removed from the directed pollock fishery,
the fishery allowance for pollock for the vessel being
removed--
``(i) shall be based on the catch history
determination for the vessel made pursuant to
section 679.62 of title 50, Code of Federal
Regulations, as in effect on the date of
enactment of the Maritime Safety Act of 2009;
and
``(ii) shall be assigned, for all purposes
under this title, in the manner specified by
the owner of the vessel being removed to any
other catcher vessel or among other catcher
vessels participating in the fishery
cooperative if such vessel or vessels remain in
the fishery cooperative for at least one year
after the date on which the vessel being
removed leaves the directed pollock fishery.
``(B) Eligibility for fishery endorsement.--Except as
provided in subparagraph (C), a vessel that is removed
pursuant to this paragraph shall be permanently
ineligible for a fishery endorsement, and any claim
(including relating to catch history) associated with
such vessel that could qualify any owner of such vessel
for any permit to participate in any fishery within the
exclusive economic zone of the United States shall be
extinguished, unless such removed vessel is thereafter
designated to replace a vessel to be removed pursuant
to this paragraph.
``(C) Limitations on statutory construction.--Nothing
in this paragraph shall be construed--
``(i) to make the vessels AJ (United States
official number 905625), DONA MARTITA (United
States official number 651751), NORDIC EXPLORER
(United States official number 678234), and
PROVIDIAN (United States official number
1062183) ineligible for a fishery endorsement
or any permit necessary to participate in any
fishery under the authority of the New England
Fishery Management Council or the Mid-Atlantic
Fishery Management Council established,
respectively, under subparagraphs (A) and (B)
of section 302(a)(1) of the Magnuson-Stevens
Act; or
``(ii) to allow the vessels referred to in
clause (i) to participate in any fishery under
the authority of the Councils referred to in
clause (i) in any manner that is not consistent
with the fishery management plan for the
fishery developed by the Councils under section
303 of the Magnuson-Stevens Act.''.
SEC. 803. COLD WEATHER SURVIVAL TRAINING.
The Commandant of the Coast Guard shall report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the efficacy of cold weather survival training conducted by the Coast
Guard in Coast Guard District 17 over the preceding 5 years. The report
shall include plans for conducting such training in fiscal years 2010
through 2013.
SEC. 804. FISHING VESSEL SAFETY.
(a) Safety Standards.--Section 4502 of title 46, United States Code,
is amended--
(1) in subsection (a), by--
(A) striking paragraphs (6) and (7) and inserting the
following:
``(6) other equipment required to minimize the risk of injury
to the crew during vessel operations, if the Secretary
determines that a risk of serious injury exists that can be
eliminated or mitigated by that equipment; and''; and
(B) redesignating paragraph (8) as paragraph (7);
(2) in subsection (b)--
(A) in paragraph (1) in the matter preceding
subparagraph (A), by striking ``documented'';
(B) in paragraph (1)(A), by striking ``the Boundary
Line'' and inserting ``3 nautical miles from the
baseline from which the territorial sea of the United
States is measured or beyond 3 nautical miles from the
coastline of the Great Lakes'';
(C) in paragraph (2)(B), by striking ``lifeboats or
liferafts'' and inserting ``a survival craft that
ensures that no part of an individual is immersed in
water'';
(D) in paragraph (2)(D), by inserting ``marine''
before ``radio'';
(E) in paragraph (2)(E), by striking ``radar
reflectors, nautical charts, and anchors'' and
inserting ``nautical charts, and publications'';
(F) in paragraph (2)(F), by striking ``, including
medicine chests'' and inserting ``and medical supplies
sufficient for the size and area of operation of the
vessel'' and
(G) by amending paragraph (2)(G) to read as follows:
``(G) ground tackle sufficient for the vessel.'';
(3) by amending subsection (f) to read as follows:
``(f) To ensure compliance with the requirements of this chapter, the
Secretary--
``(1) shall require the individual in charge of a vessel
described in subsection (b) to keep a record of equipment
maintenance, and required instruction and drills; and
``(2) shall examine at dockside a vessel described in
subsection (b) at least once every 2 years, and shall issue a
certificate of compliance to a vessel meeting the requirements
of this chapter.''; and
(4) by adding at the end the following:
``(g)(1) The individual in charge of a vessel described in subsection
(b) must pass a training program approved by the Secretary that meets
the requirements in paragraph (2) of this subsection and hold a valid
certificate issued under that program.
``(2) The training program shall--
``(A) be based on professional knowledge and skill obtained
through sea service and hands-on training, including training
in seamanship, stability, collision prevention, navigation,
fire fighting and prevention, damage control, personal
survival, emergency medical care, emergency drills, and
weather;
``(B) require an individual to demonstrate ability to
communicate in an emergency situation and understand
information found in navigation publications;
``(C) recognize and give credit for recent past experience in
fishing vessel operation; and
``(D) provide for issuance of a certificate to an individual
that has successfully completed the program.
``(3) The Secretary shall prescribe regulations implementing this
subsection. The regulations shall require that individuals who are
issued a certificate under paragraph (2)(D) must complete refresher
training at least once every 5 years as a condition of maintaining the
validity of the certificate.
``(4) The Secretary shall establish a publicly accessible electronic
database listing the names of individuals who have participated in and
received a certificate confirming successful completion of a training
program approved by the Secretary under this section.
``(h) A vessel to which this chapter applies shall be constructed in
a manner that provides a level of safety equivalent to the minimum
safety standards the Secretary may established for recreational vessels
under section 4302, if--
``(1) subsection (b) of this section applies to the vessel;
``(2) the vessel is less than 50 feet overall in length; and
``(3) the vessel is built after January 1, 2010.
``(i)(1) The Secretary shall establish a Fishing Safety Training
Grants Program to provide funding to municipalities, port authorities,
other appropriate public entities, not-for-profit organizations, and
other qualified persons that provide commercial fishing safety
training--
``(A) to conduct fishing vessel safety training for vessel
operators and crewmembers that--
``(i) in the case of vessel operators, meets the
requirements of subsection (g); and
``(ii) in the case of crewmembers, meets the
requirements of subsection (g)(2)(A), such requirements
of subsection (g)(2)(B) as are appropriate for
crewmembers, and the requirements of subsections
(g)(2)(D), (g)(3), and (g)(4); and
``(B) for purchase of safety equipment and training aids for
use in those fishing vessel safety training programs.
``(2) The Secretary shall award grants under this subsection on a
competitive basis.
``(3) The Federal share of the cost of any activity carried out with
a grant under this subsection shall not exceed 75 percent.
``(4) There is authorized to be appropriated $3,000,000 for each of
fiscal years 2010 through 2014 for grants under this subsection.
``(j)(1) The Secretary shall establish a Fishing Safety Research
Grant Program to provide funding to individuals in academia, members of
non-profit organizations and businesses involved in fishing and
maritime matters, and other persons with expertise in fishing safety,
to conduct research on methods of improving the safety of the
commercial fishing industry, including vessel design, emergency and
survival equipment, enhancement of vessel monitoring systems,
communications devices, de-icing technology, and severe weather
detection.
``(2) The Secretary shall award grants under this subsection on a
competitive basis.
``(3) The Federal share of the cost of any activity carried out with
a grant under this subsection shall not exceed 75 percent.
``(4) There is authorized to be appropriated $3,000,000 for each
fiscal years 2010 through 2014 for activities under this subsection.''.
(b) Conforming Amendment.--Section 4506(b) of title 46, United States
Code, is repealed.
(c) Advisory Committee.--
(1) Change of name.--Section 4508 of title 46, United States
Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 4508. Commercial Fishing Safety Advisory Committee'';
and
(B) in subsection (a) by striking ``Industry
Vessel''.
(2) Membership requirements.--Section 4508(b)(1) of that
title is amended--
(A) by striking ``seventeen'' and inserting
``eighteen'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``from the commercial fishing industry
who--'' and inserting ``who shall represent the
commercial fishing industry and who--''; and
(ii) in clause (ii), by striking ``an
uninspected'' and inserting ``a'';
(C) by striking subparagraph (B) and inserting the
following:
``(B) three members who shall represent the general public,
including, whenever possible--
``(i) an independent expert or consultant in maritime
safety;
``(ii) a marine surveyor who provides services to
vessels to which this chapter applies; and
``(iii) a person familiar with issues affecting
fishing communities and families of fishermen;''; and
(D) in subparagraph (C)--
(i) in the matter preceding clause (i), by
striking ``representing each of--''
and inserting ``each of whom shall represent--
'';
(ii) in clause (i), by striking ``or marine
surveyors;'' and inserting ``and marine
engineers;'';
(iii) in clause (iii), by striking ``and''
after the semicolon at the end;
(iv) in clause (iv), by striking the period
at the end and inserting ``; and''; and
(v) by adding at the end the following new
clause:
``(v) owners of vessels to which this chapter
applies.''.
(3) Termination.--Section 4508(e)(1) of that title is amended
by striking ``September 30, 2010.'' and inserting ``September
30, 2020.''.
(4) Clerical amendment.--The table of sections at the
beginning of chapter 45 of title 46, United States Code, is
amended by striking the item relating to such section and
inserting the following:
``4508. Commercial Fishing Safety Advisory Committee.''.
(d) Loadlines for Vessels 79 Feet or Greater in Length.--Section
5102(b)(3) of title 46, United States Code, is amended by inserting
after ``vessel'' the following ``, unless the vessel is built or
undergoes a major conversion completed after July 1, 2010''.
(e) Classing of Vessels.--
(1) In general.--Section 4503 of title 46, United States
Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 4503. Fishing, fish tender, and fish processing vessel
certification'';
(B) in subsection (a) by striking ``fish
processing''; and
(C) by adding at the end the following:
``(c) This section applies to a vessel to which section 4502(b) of
this title applies that is at least 50 feet overall in length and--
``(1) is built after July 1, 2010; or
``(2) undergoes a major conversion completed after that date.
``(d)(1) After January 1, 2020, a fishing vessel, fish processing
vessel, or fish tender vessel to which section 4502(b) of this title
applies shall comply with an alternate safety compliance program that
is developed in cooperation with the commercial fishing industry and
prescribed by the Secretary, if the vessel--
``(A) is at least 50 feet overall in length;
``(B) is built before July 1, 2010; and
``(C) is 25 years of age or older.
``(2) Alternative safety compliance programs may be developed for
purposes of paragraph (1) for specific regions and fisheries.
``(3) A fishing vessel, fish processing vessel, or fish tender vessel
to which section 4502(b) of this title applies that was classed before
July 1, 2010, shall--
``(A) remain subject to the requirements of a classification
society approved by the Secretary; and
``(B) have on board a certificate from that society.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 45 of title 46, United States Code, is
amended by striking the item relating to such section and
inserting the following:
``4503. Fishing, fish tender, and fish processing vessel
certification.''.
(f) Alternative Safety Compliance Program.--No later than January 1,
2017, the Secretary of the department in which the Coast Guard is
operating shall prescribe an alternative safety compliance program
referred to in section 4503(d) of the title 46, United States Code, as
amended by this section.
SEC. 805. MARINER RECORDS.
Section 7502 of title 46, United States Code, is amended--
(1) by inserting ``(a)'' before ``The'';
(2) by striking ``computerized records'' and inserting
``records, including electronic records,''; and
(3) by adding at the end the following:
``(b) The Secretary may prescribe regulations requiring a vessel
owner or managing operator of a commercial vessel, or the employer of a
seaman on that vessel, to maintain records of each individual engaged
on the vessel on matters of engagement, discharge, and service for not
less than 5 years after the date of the completion of the service of
that individual on the vessel. The regulations may require that a
vessel owner, managing operator, or employer shall make these records
available to the individual and the Coast Guard on request.
``(c) A person violating this section, or a regulation prescribed
under this section, is liable to the United States Government for a
civil penalty of not more than $5,000.''.
SEC. 806. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR OPERATORS OF
CERTAIN TOWING VESSELS.
Section 8905 of title 46, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
SEC. 807. LOG BOOKS.
(a) In General.--Chapter 113 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 11304. Additional logbook and entry requirements
``(a) A vessel of the United States that is subject to inspection
under section 3301 of this title, except a vessel on a voyage from a
port in the United States to a port in Canada, shall have an official
logbook, which shall be kept available for review by the Secretary on
request.
``(b) The log book required by subsection (a) shall include the
following entries:
``(1) The time when each seaman and each officer assumed or
relieved the watch.
``(2) The number of hours in service to the vessels of each
seaman and each officer.
``(3) An account of each accident, illness, and injury that
occurs during each watch.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``11304. Additional logbook and entry requirements.''.
SEC. 808. SAFE OPERATIONS AND EQUIPMENT STANDARDS.
(a) In General.--Chapter 21 of title 46, United States Code, is
further amended by adding at the end the following new sections:
``Sec. 2117. Termination for unsafe operation
``An individual authorized to enforce this title--
``(1) may remove a certificate required by this title from a
vessel that is operating in a condition that does not comply
with the provisions of the certificate;
``(2) may order the individual in charge of a vessel that is
operating that does not have on board the certificate required
by this title to return the vessel to a mooring and to remain
there until the vessel is in compliance with this title; and
``(3) may direct the individual in charge of a vessel to
which this title applies to immediately take reasonable steps
necessary for the safety of individuals on board the vessel if
the official observes the vessel being operated in an unsafe
condition that the official believes creates an especially
hazardous condition, including ordering the individual in
charge to return the vessel to a mooring and to remain there
until the situation creating the hazard is corrected or ended.
``Sec. 2118. Establishment of equipment standards
``(a) In establishing standards for approved equipment required on
vessels subject to part B of this title, the Secretary shall establish
standards that are--
``(1) based on performance using the best available
technology that is economically achievable; and
``(2) operationally practical.
``(b) Using the standards established under subsection (a), the
Secretary may also certify lifesaving equipment that is not required to
be carried on vessels subject to part B of this title to ensure that
such equipment is suitable for its intended purpose.
``(c) At least once every 10 years the Secretary shall review and
revise the standards established under subsection (a) to ensure that
the standards meet the requirements of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by adding at the end the following:
``2117. Termination for unsafe operation.
``2118. Establishment of equipment standards.''.
SEC. 809. APPROVAL OF SURVIVAL CRAFT.
(a) In General.--Chapter 31 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 3104. Survival craft
``(a) Except as provided in subsection (b), the Secretary may not
approve a survival craft as a safety device for purposes of this part,
unless the craft ensures that no part of an individual is immersed in
water.
``(b) The Secretary may authorize a survival craft that does not
provide protection described in subsection (a) to remain in service
until not later than January 1, 2015, if--
``(1) it was approved by the Secretary before January 1,
2010; and
``(2) it is in serviceable condition.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``3104. Survival craft.''.
SEC. 810. SAFETY MANAGEMENT.
(a) Vessels to Which Requirements Apply.--Section 3202 of title 46,
United States Code, is amended--
(1) in subsection (a) by striking the heading and inserting
``Foreign Voyages and Foreign Vessels.--'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Other Passenger Vessels.--This chapter applies to a vessel that
is--
``(1) a passenger vessel or small passenger vessel; and
``(2) is transporting more passengers than a number
prescribed by the Secretary based on the number of individuals
on the vessel that could be killed or injured in a marine
casualty.'';
(4) in subsection (d), as so redesignated, by striking
``subsection (b)'' and inserting ``subsection (c)''; and
(5) in subsection (d)(4), as so redesignated, by inserting
``that is not described in subsection (b) of this section''
after ``waters''.
(b) Safety Management System.--Section 3203 of title 46, United
States Code, is amended by adding at the end the following new
subsection:
``(c) In prescribing regulations for passenger vessels and small
passenger vessels, the Secretary shall consider--
``(1) the characteristics, methods of operation, and nature
of the service of these vessels; and
``(2) with respect to vessels that are ferries, the sizes of
the ferry systems within which the vessels operate.''.
SEC. 811. PROTECTION AGAINST DISCRIMINATION.
(a) In General.--Section 2114 of title 46, United States Code, is
amended--
(1) in subsection (a)(1)(A), by striking ``or'' after the
semicolon;
(2) in subsection (a)(1)(B), by striking the period at the
end and inserting a semicolon;
(3) by adding at the end of subsection (a)(1) the following
new subparagraphs:
``(C) the seaman testified in a proceeding brought to enforce
a maritime safety law or regulation prescribed under that law;
``(D) the seaman notified, or attempted to notify, the vessel
owner or the Secretary of a work-related personal injury or
work-related illness of a seaman;
``(E) the seaman cooperated with a safety investigation by
the Secretary or the National Transportation Safety Board;
``(F) the seaman furnished information to the Secretary, the
National Transportation Safety Board, or any other public
official as to the facts relating to any marine casualty
resulting in injury or death to an individual or damage to
property occurring in connection with vessel transportation; or
``(G) the seaman accurately reported hours of duty under this
part.''; and
(4) by amending subsection (b) to read as follows:
``(b) A seaman alleging discharge or discrimination in violation of
subsection (a) of this section, or another person at the seaman's
request, may file a complaint with respect to such allegation in the
same manner as a complaint may be filed under subsection (b) of section
31105 of title 49. Such complaint shall be subject to the procedures,
requirements, and rights described in that section, including with
respect to the right to file an objection, the right of a person to
file for a petition for review under subsection (c) of that section,
and the requirement to bring a civil action under subsection (d) of
that section.''.
(b) Existing Actions.--This section shall not affect the application
of section 2114(b) of title 46, United States Code, as in effect before
the date of enactment of this Act, to an action filed under that
section before that date.
SEC. 812. OIL FUEL TANK PROTECTION.
Section 3306 of title 46, United States Code, is amended by adding at
the end the following new subsection:
``(k)(1) Each vessel of the United States that is constructed under a
contract entered into after the date of enactment of the Maritime
Safety Act of 2009, or that is delivered after January 1, 2011, with an
aggregate capacity of 600 cubic meters or more of oil fuel, shall
comply with the requirements of Regulation 12A under Annex I to the
Protocol of 1978 relating to the International Convention for the
Prevention of Pollution from Ships, 1973, entitled `Oil Fuel Tank
Protection'.
``(2) The Secretary may prescribe regulations to apply the
requirements described in Regulation 12A to vessels described in
paragraph (1) that are not otherwise subject to that convention. Any
such regulation shall be considered to be an interpretive rule for the
purposes of section 553 of title 5.
``(3) In this subsection the term `oil fuel' means any oil used as
fuel in connection with the propulsion and auxiliary machinery of the
vessel in which such oil is carried.''.
SEC. 813. OATHS.
Sections 7105 and 7305 of title 46, United States Code, and the items
relating to such sections in the analysis for chapters 71 and 73 of
such title, are repealed.
SEC. 814. DURATION OF CREDENTIALS.
(a) Merchant Mariner's Documents.--Section 7302(f) of title 46,
United States Code, is amended to read as follows:
``(f) Periods of Validity and Renewal of Merchant Mariners'
Documents.--
``(1) In general.--Except as provided in subsection (g), a
merchant mariner's document issued under this chapter is valid
for a 5-year period and may be renewed for additional 5-year
periods.
``(2) Advance renewals.--A renewed merchant mariner's
document may be issued under this chapter up to 8 months in
advance but is not effective until the date that the previously
issued merchant mariner's document expires or until the
completion of any active suspension or revocation of that
previously issued merchant mariner's document, whichever is
later.''.
(b) Duration of Licenses.--Section 7106 of such title is amended to
read as follows:
``Sec. 7106. Duration of licenses
``(a) In General.--A license issued under this part is valid for a 5-
year period and may be renewed for additional 5-year periods; except
that the validity of a license issued to a radio officer is conditioned
on the continuous possession by the holder of a first-class or second-
class radiotelegraph operator license issued by the Federal
Communications Commission.
``(b) Advance Renewals.--A renewed license issued under this part may
be issued up to 8 months in advance but is not effective until the date
that the previously issued license expires or until the completion of
any active suspension or revocation of that previously issued merchant
mariner's document, whichever is later.''.
(c) Certificates of Registry.--Section 7107 of such title is amended
to read as follows:
``Sec. 7107. Duration of certificates of registry
``(a) In General.--A certificate of registry issued under this part
is valid for a 5-year period and may be renewed for additional 5-year
periods; except that the validity of a certificate issued to a medical
doctor or professional nurse is conditioned on the continuous
possession by the holder of a license as a medical doctor or registered
nurse, respectively, issued by a State.
``(b) Advance Renewals.--A renewed certificate of registry issued
under this part may be issued up to 8 months in advance but is not
effective until the date that the previously issued certificate of
registry expires or until the completion of any active suspension or
revocation of that previously issued merchant mariner's document,
whichever is later.''.
SEC. 815. FINGERPRINTING.
(a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 46,
United States Code, is amended by adding at the end the following:
``Sec. 7507. Fingerprinting
``The Secretary of the Department in which the Coast Guard is
operating may not require an individual to be fingerprinted for the
issuance or renewal of a license, a certificate of registry, or a
merchant mariner's document under chapter 71 or 73 if the individual
was fingerprinted when the individual applied for a transportation
security card under section 70105.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``7507. Fingerprinting.''.
SEC. 816. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES,
CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS'
DOCUMENTS.
(a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 46,
United States Code, as amended by section 815(a) of this title, is
further amended by adding at the end the following:
``Sec. 7508. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
``(a) Licenses and Certificates of Registry.--Notwithstanding
sections 7106 and 7107, the Secretary of the department in which the
Coast Guard is operating may--
``(1) extend for not more than one year an expiring license
or certificate of registry issued for an individual under
chapter 71 if the Secretary determines that the extension is
required to enable the Coast Guard to eliminate a backlog in
processing applications for those licenses or certificates of
registry or in response to a national emergency or natural
disaster, as deemed necessary by the Secretary; or
``(2) issue for not more than five years an expiring license
or certificate of registry issued for an individual under
chapter 71 for the exclusive purpose of aligning the expiration
date of such license or certificate of registry with the
expiration date of a merchant mariner's document.
``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g),
the Secretary may--
``(1) extend for not more than one year an expiring merchant
mariner's document issued for an individual under chapter 71 if
the Secretary determines that the extension is required to
enable the Coast Guard to eliminate a backlog in processing
applications for those licenses or certificates of registry or
in response to a national emergency or natural disaster, as
deemed necessary by the Secretary; or
``(2) issue for not more than five years an expiring merchant
mariner's document issued for an individual under chapter 71
for the exclusive purpose of aligning the expiration date of
such merchant mariner's document with the expiration date of a
merchant mariner's document.
``(c) Manner of Extension.--Any extensions granted under this section
may be granted to individual seamen or a specifically identified group
of seamen.''.
(b) Clerical Amendment.--The analysis for such chapter, as amended by
section 815(b), is further amended by adding at the end the following:
``7508. Authority to extend the duration of licenses, certificates of
registry, and merchant mariner documents.''.
SEC. 817. MERCHANT MARINER DOCUMENTATION.
(a) Interim Clearance Process.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall develop an interim clearance process
for issuance of a merchant mariner document to enable a newly hired
seaman to begin working on an offshore supply vessel or towing vessel
if the Secretary makes an initial determination that the seaman does
not pose a safety and security risk.
(b) Contents of Process.--The process under subsection (a) shall
include a check against the consolidated and integrated terrorist watch
list maintained by the Federal Government, review of the seaman's
criminal record, and review of the results of testing the seaman for
use of a dangerous drug (as defined in section 2101 of title 46, United
States Code) in violation of law or Federal regulation.
SEC. 818. MERCHANT MARINER ASSISTANCE REPORT.
Not later than 180 days after the date of enactment of this Act, the
Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report regarding the feasibility of--
(1) expanding the streamlined evaluation process program that
was affiliated with the Houston Regional Examination Center of
the Coast Guard to all processing centers of the Coast Guard
nationwide;
(2) including proposals to simplify the application process
for a license as an officer, staff officer, or operator and for
a merchant mariner's document to help eliminate errors by
merchant mariners when completing the application form (CG-
719B), including instructions attached to the application form
and a modified application form for renewals with questions
pertaining only to the period of time since the previous
application;
(3) providing notice to an applicant of the status of the
pending application, including a process to allow the applicant
to check on the status of the application by electronic means;
and
(4) ensuring that all information collected with respect to
applications for new or renewed licenses, merchant mariner
documents, and certificates of registry is retained in a secure
electronic format.
SEC. 819. OFFSHORE SUPPLY VESSELS.
(a) Definition.--Section 2101(19) of title 46, United States Code, is
amended by striking ``of more than 15 gross tons but less than 500
gross tons as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title''.
(b) Exemption.--Section 5209(b)(1) of the Oceans Act of 1992 (Public
Law 102-587; 46 U.S.C. 2101 note) is amended by inserting before the
period at the end the following: ``of less than 500 gross tons as
measured under section 14502, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
(c) Removal of Tonnage Limits.--
(1) Able seamen-offshore supply vessels.--Section 7310 of
title 46, United States Code, is amended by striking ``of less
than 500 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
(2) Scale of employment: able seamen.--Section 7312(d) of
title 46, United States Code, is amended by striking ``of less
than 500 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title''.
(d) Watches.--Section 8104 of title 46, United States Code, is
amended--
(1) in subsection (g), by inserting after ``offshore supply
vessel'' the following: ``of less than 500 gross tons as
measured under section 14502 of this title, or less than 6,000
gross tons as measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title'';
(2) in subsection (d), by inserting ``(1)'' after ``(d)'',
and by adding at the end the following:
``(2) Paragraph (1) does not apply to an offshore supply vessel of at
least 6,000 gross tons as measured under section 14302 of this title if
the individuals engaged on the vessel are in compliance with hours of
service requirements (including recording and record-keeping of that
service) prescribed by the Secretary.''; and
(3) in subsection (e), by striking ``subsection (d)'' and
inserting ``subsection (d)(1)''.
(e) Minimum Number of Licensed Individuals.--Section 8301(b) of title
46, United States Code, is amended to read as follows:
``(b)(1) An offshore supply vessel of less than 6,000 gross tons, as
measured under section 14302 of this title, on a voyage of less than
600 miles shall have at least one licensed mate. Such a vessel on a
voyage of 600 miles or more shall have two licensed mates.
``(2) An offshore supply vessel of more than 200 gross tons as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title, may not be operated
without a licensed engineer.
``(3) An offshore supply vessel shall have at least one mate.
Additional mates on an offshore supply vessel of at least 6,000 gross
tons as measured under section 14302 of this title shall be prescribe
in accordance with hours of service requirements (including recording
and record-keeping of that service) prescribed by the Secretary.''.
(f) Regulations.--
(1) In general.--The Secretary of the department in which the
Coast Guard is operating shall promulgate regulations to
implement the amendments enacted by this section and chapter 37
of title 46, United States Code, for offshore supply vessels of
at least 6,000 gross tons, before January 1, 2010.
(2) Interim final rule authority.--The Secretary shall issue
an interim final rule as a temporary regulation implementing
this section (including the amendments made by this section),
and chapter 37 of title 46, United States Code, for offshore
supply vessels of at least 6,000 gross tons, as soon as
practicable after the date of enactment of this section,
without regard to the provisions of chapter 5 of title 5,
United States Code. All regulations prescribed under the
authority of this paragraph that are not earlier superseded by
final regulations shall expire not later than 1 year after the
date of enactment of this Act.
(3) Initiation of rulemaking.--The Secretary may initiate a
rulemaking to implement this section (including the amendments
made by this section), and chapter 37 of title 46, United
States Code, for offshore supply vessels of at least 6,000
gross tons, as soon as practicable after the date of enactment
of this section. The final rule issued pursuant to that
rulemaking may supersede the interim final rule promulgated
under this subsection.
(4) Interim period.--After the date of enactment of this Act
and prior to the effective date of the regulations promulgated
to implement the amendments enacted by this section under
paragraph (2), and notwithstanding the tonnage limits of
applicable regulations promulgated prior to the date of
enactment of this Act, the Secretary may--
(A) issue a certificate of inspection under section
3309 of title 46, United States Code, to an offshore
supply vessel of at least 500 gross tons as measured
under section 14502 of title 46, United States Code, or
of at least 6,000 gross tons as measured under section
14302 of title 46, United States Code, if the Secretary
determines that such vessel's arrangements, equipment,
classification, and certifications provide for the safe
carriage of individuals in addition to the crew and oil
and hazardous substances, taking into consideration the
characteristics of offshore supply vessels, their
methods of operation, and their service in support of
exploration, exploitation, or production of offshore
mineral or energy resources;
(B) for the purpose of enforcing chapter 37 of title
46, United States Code, use tank vessel standards for
offshore supply vessels of at least 6,000 gross tons
after considering the characteristics, methods of
operation, and nature of the service of the vessel; and
(C) authorize a master, mate, or engineer whom the
Secretary decides possesses the experience on an
offshore supply vessel under 6,000 gross tons to serve
on an offshore supply vessel over at least 6,000 gross
tons.
SEC. 820. ASSOCIATED EQUIPMENT.
Section 2101(1)(B) of title 46, United States Code, is amended by
inserting ``with the exception of emergency locator beacons,'' before
``does''.
SEC. 821. LIFESAVING DEVICES ON UNINSPECTED VESSELS.
Section 4102(b) of title 46, United States Code, is amended to read
as follows:
``(b) The Secretary shall prescribe regulations requiring the
installation, maintenance, and use of life preservers and other
lifesaving devices for individuals on board uninspected vessels.''.
SEC. 822. STUDY OF BLENDED FUELS IN MARINE APPLICATION.
(a) Survey.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security,
acting through the Commandant of the Coast Guard, shall submit
a survey of published data and reports, pertaining to the use,
safety, and performance of blended fuels in marine
applications, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committees on Commerce, Science, and Transportation of the
Senate.
(2) Included information.--To the extent possible, the survey
required in subsection (a), shall include data and reports on--
(A) the impact of blended fuel on the operation,
durability, and performance of recreational and
commercial marine engines, vessels, and marine engine
and vessel components and associated equipment;
(B) the safety impacts of blended fuels on consumers
that own and operate recreational and commercial marine
engines and marine engine components and associated
equipment; and
(C) to the extent available, fires and explosions on
board vessels propelled by engines using blended fuels.
(b) Study.--
(1) In general.--Not later than 36 months after the date of
enactment of this Act, the Secretary, acting through the
Commandant, shall conduct a comprehensive study on the use,
safety, and performance of blended fuels in marine
applications. The Secretary is authorized to conduct such study
in conjunction with--
(A) any other Federal agency;
(B) any State government or agency;
(C) any local government or agency, including local
police and fire departments; and
(D) any private entity, including engine and vessel
manufacturers.
(2) Evaluation.--The study shall include an evaluation of--
(A) the impact of blended fuel on the operation,
durability and performance of recreational and
commercial marine engines, vessels, and marine engine
and vessel components and associated equipment;
(B) the safety impacts of blended fuels on consumers
that own and operate recreational and commercial marine
engines and marine engine components and associated
equipment; and
(C) fires and explosions on board vessels propelled
by engines using blended fuels.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security to carry out the
survey and study under this section $1,000,000.
SEC. 823. RENEWAL OF ADVISORY COMMITTEES.
(a) Great Lakes Pilotage Advisory Committee.--Section 9307(f)(1) of
title 46, United States Code, is amended by striking ``September 30,
2010.'' and inserting ``September 30, 2020.''.
(b) National Boating Safety Advisory Council.--Section 13110 of title
46, United States Code, is amended--
(1) in subsection (d), by striking the first sentence; and
(2) in subsection (e), by striking ``September 30, 2010.''
and inserting ``September 30, 2020.''.
(c) Houston-Galveston Navigation Safety Advisory Committee.--Section
18(h) of the Coast Guard Authorization Act of 1991 (Public Law 102-241
as amended by Public Law 104-324) is amended by striking ``September
30, 2010.'' and inserting ``September 30, 2020.''.
(d) Lower Mississippi River Waterway Safety Advisory Committee.--
Section 19 of the Coast Guard Authorization Act of 1991 (Public Law
102-241) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``twenty-four'' and inserting ``twenty-five'';
and
(B) by adding at the end the following new paragraph:
``(12) One member representing the Associated Federal Pilots
and Docking Masters of Louisiana.''; and
(2) in subsection (g), by striking ``September 30, 2010.''
and inserting ``September 30, 2020.''.
(e) Towing Safety Advisory Committee.--The Act to Establish a Towing
Safety Advisory Committee in the Department of Transportation (33
U.S.C. 1231a) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) There is established a Towing Safety Advisory Committee
(hereinafter referred to as the `Committee'). The Committee shall
consist of eighteen members with particular expertise, knowledge, and
experience regarding shallow-draft inland and coastal waterway
navigation and towing safety as follows:
``(1) Seven members representing the barge and towing
industry, reflecting a regional geographic balance.
``(2) One member representing the offshore mineral and oil
supply vessel industry.
``(3) One member representing holders of active licensed
Masters or Pilots of towing vessels with experience on the
Western Rivers and the Gulf Intracoastal Waterway.
``(4) One member representing the holders of active licensed
Masters of towing vessels in offshore service.
``(5) One member representing Masters who are active ship-
docking or harbor towing vessel.
``(6) One member representing licensed or unlicensed towing
vessel engineers with formal training and experience.
``(7) Two members representing each of the following groups:
``(A) Port districts, authorities, or terminal
operators.
``(B) Shippers (of whom at least one shall be engaged
in the shipment of oil or hazardous materials by
barge).
``(8) Two members representing the general public.''; and
(2) in subsection (e), by striking ``September 30, 2010.''
and inserting ``September 30, 2020.''.
(f) Navigation Safety Advisory Council.--Section 5 of the Inland
Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Establishment of Council.--
``(1) In general.--The Secretary of the department in which
the Coast Guard is operating shall establish a Navigation
Safety Advisory Council (hereinafter referred to as the
`Council'), consisting of not more than 21 members. All members
shall have expertise in Inland and International vessel
navigation Rules of the Road, aids to maritime navigation,
maritime law, vessel safety, port safety, or commercial diving
safety. Upon appointment, all non-Federal members shall be
designated as representative members to represent the
viewpoints and interests of one of the following groups or
organizations:
``(A) Commercial vessel owners or operators.
``(B) Professional mariners.
``(C) Recreational boaters.
``(D) The recreational boating industry.
``(E) State agencies responsible for vessel or port
safety.
``(F) The Maritime Law Association.
``(2) Panels.--Additional persons may be appointed to panels
of the Council to assist the Council in performance of its
functions.
``(3) Nominations.--The Secretary, through the Coast Guard
Commandant, shall not less often than once a year publish a
notice in the Federal Register soliciting nominations for
membership on the Council.
``(b) Functions.--The Council shall advise, consult with, and make
recommendations to the Secretary, through the Coast Guard Commandant,
on matters relating to maritime collisions, rammings, groundings,
Inland Rules of the Road, International Rules of the Road, navigation
regulations and equipment, routing measures, marine information, diving
safety, and aids to navigation systems. Any advice and recommendations
made by the Council to the Secretary shall reflect the independent
judgment of the Council on the matter concerned. The Council shall meet
at the call of the Coast Guard Commandant, but in any event not less
than twice during each calendar year. All proceedings of the Council
shall be public, and a record of the proceedings shall be made
available for public inspection.''; and
(2) in subsection (d), by striking ``September 30, 2010.''
and inserting ``September 30, 2020.''.
TITLE IX--CRUISE VESSEL SAFETY
SEC. 901. SHORT TITLE.
This title may be cited as the ``Cruise Vessel Security and Safety
Act of 2009''.
SEC. 902. FINDINGS.
The Congress makes the following findings:
(1) There are approximately 200 overnight ocean-going cruise
vessels worldwide. The average ocean-going cruise vessel
carries 2,000 passengers with a crew of 950 people.
(2) In 2007 alone, approximately 12,000,000 passengers were
projected to take a cruise worldwide.
(3) Passengers on cruise vessels have an inadequate
appreciation of their potential vulnerability to crime while on
ocean voyages, and those who may be victimized lack the
information they need to understand their legal rights or to
know whom to contact for help in the immediate aftermath of the
crime.
(4) Sexual violence, the disappearance of passengers from
vessels on the high seas, and other serious crimes have
occurred during luxury cruises.
(5) Over the last 5 years, sexual assault and physical
assaults on cruise vessels were the leading crimes investigated
by the Federal Bureau of Investigation with regard to cruise
vessel incidents.
(6) These crimes at sea can involve attacks both by
passengers and crew members on other passengers and crew
members.
(7) Except for United States flagged vessels, or foreign
flagged vessels operating in an area subject to the direct
jurisdiction of the United States, there are no Federal
statutes or regulations that explicitly require cruise lines to
report alleged crimes to United States Government officials.
(8) It is not known precisely how often crimes occur on
cruise vessels or exactly how many people have disappeared
during ocean voyages because cruise line companies do not make
comprehensive, crime-related data readily available to the
public.
(9) Obtaining reliable crime-related cruise data from
governmental sources can be difficult, because multiple
countries may be involved when a crime occurs on the high seas,
including the flag country for the vessel, the country of
citizenship of particular passengers, and any countries having
special or maritime jurisdiction.
(10) It can be difficult for professional crime investigators
to immediately secure an alleged crime scene on a cruise
vessel, recover evidence of an onboard offense, and identify or
interview potential witnesses to the alleged crime.
(11) Most cruise vessels that operate into and out of United
States ports are registered under the laws of another country,
and investigations and prosecutions of crimes against
passengers and crew members may involve the laws and
authorities of multiple nations.
(12) The Coast Guard has found it necessary to establish 500-
yard security zones around cruise vessels to limit the risk of
terrorist attack. Recently piracy has dramatically increased
throughout the world.
(13) To enhance the safety of cruise passengers, the owners
of cruise vessels could upgrade, modernize, and retrofit the
safety and security infrastructure on such vessels by
installing peep holes in passenger room doors, installing
security video cameras in targeted areas, limiting access to
passenger rooms to select staff during specific times, and
installing acoustic hailing and warning devices capable of
communicating over distances.
SEC. 903. CRUISE VESSEL SECURITY AND SAFETY REQUIREMENTS.
(a) In General.--Chapter 35 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 3507. Passenger vessel security and safety requirements
``(a) Vessel Design, Equipment, Construction, and Retrofitting
Requirements.--
``(1) In general.--Each vessel to which this subsection
applies shall comply with the following design and construction
standards:
``(A) The vessel shall be equipped with ship rails
that are located not less than 42 inches above the
cabin deck.
``(B) Each passenger stateroom and crew cabin shall
be equipped with entry doors that include peep holes or
other means of visual identification.
``(C) For any vessel the keel of which is laid after
the date of enactment of the Cruise Vessel Security and
Safety Act of 2009, each passenger stateroom and crew
cabin shall be equipped with--
``(i) security latches; and
``(ii) time-sensitive key technology.
``(D) The vessel shall integrate technology that can
be used for capturing images of passengers or detecting
passengers who have fallen overboard, to the extent
that such technology is available.
``(E) The vessel shall be equipped with a sufficient
number of operable acoustic hailing or other such
warning devices to provide communication capability
around the entire vessel when operating in high risk
areas (as defined by the United States Coast Guard).
``(2) Fire safety codes.--In administering the requirements
of paragraph (1)(C), the Secretary shall take into
consideration fire safety and other applicable emergency
requirements established by the U.S. Coast Guard and under
international law, as appropriate.
``(3) Effective date.--
``(A) In general.--Except as provided in subparagraph
(B), the requirements of paragraph (1) shall take
effect 18 months after the date of enactment of the
Cruise Vessel Security and Safety Act of 2009.
``(B) Latch and key requirements.--The requirements
of paragraph (1)(C) take effect on the date of
enactment of the Cruise Vessel Security and Safety Act
of 2009.
``(b) Video Recording.--
``(1) Requirement to maintain surveillance.--The owner of a
vessel to which this section applies shall maintain a video
surveillance system to assist in documenting crimes on the
vessel and in providing evidence for the prosecution of such
crimes, as determined by the Secretary.
``(2) Access to video records.--The owner of a vessel to
which this section applies shall provide to any law enforcement
official performing official duties in the course and scope of
an investigation, upon request, a copy of all records of video
surveillance that the official believes may provide evidence of
a crime reported to law enforcement officials.
``(c) Safety Information.--The owner of a vessel to which this
section applies shall provide in each passenger stateroom, and post in
a location readily accessible to all crew and in other places specified
by the Secretary, information regarding the locations of the United
States embassy and each consulate of the United States for each country
the vessel will visit during the course of the voyage.
``(d) Sexual Assault.--The owner of a vessel to which this section
applies shall--
``(1) maintain on the vessel adequate, in-date supplies of
anti-retroviral medications and other medications designed to
prevent sexually transmitted diseases after a sexual assault;
``(2) maintain on the vessel equipment and materials for
performing a medical examination in sexual assault cases to
evaluate the patient for trauma, provide medical care, and
preserve relevant medical evidence;
``(3) make available on the vessel at all times medical staff
who have undergone a credentialing process to verify that he or
she--
``(A) possesses a current physician's or registered
nurse's license and--
``(i) has at least 3 years of post-graduate
or post-registration clinical practice in
general and emergency medicine; or
``(ii) holds board certification in emergency
medicine, family practice medicine, or internal
medicine;
``(B) is able to provide assistance in the event of
an alleged sexual assault, has received training in
conducting forensic sexual assault examination, and is
able to promptly perform such an examination upon
request and provide proper medical treatment of a
victim, including administration of anti-retroviral
medications and other medications that may prevent the
transmission of human immunodeficiency virus and other
sexually transmitted diseases; and
``(C) meets guidelines established by the American
College of Emergency Physicians relating to the
treatment and care of victims of sexual assault;
``(4) prepare, provide to the patient, and maintain written
documentation of the findings of such examination that is
signed by the patient; and
``(5) provide the patient free and immediate access to--
``(A) contact information for local law enforcement,
the Federal Bureau of Investigation, the United States
Coast Guard, the nearest United States consulate or
embassy, and the National Sexual Assault Hotline
program or other third party victim advocacy hotline
service; and
``(B) a private telephone line and Internet-
accessible computer terminal by which the individual
may confidentially access law enforcement officials, an
attorney, and the information and support services
available through the National Sexual Assault Hotline
program or other third party victim advocacy hotline
service.
``(e) Confidentiality of Sexual Assault Examination and Support
Information.--The master or other individual in charge of a vessel to
which this section applies shall--
``(1) treat all information concerning an examination under
subsection (d) confidential, so that no medical information may
be released to the cruise line or other owner of the vessel or
any legal representative thereof without the prior knowledge
and approval in writing of the patient, or, if the patient is
unable to provide written authorization, the patient's next-of-
kin, except that nothing in this paragraph prohibits the
release of--
``(A) information, other than medical findings,
necessary for the owner or master of the vessel to
comply with the provisions of subsection (g) or other
applicable incident reporting laws;
``(B) information to secure the safety of passengers
or crew on board the vessel; or
``(C) any information to law enforcement officials
performing official duties in the course and scope of
an investigation; and
``(2) treat any information derived from, or obtained in
connection with, post-assault counseling or other supportive
services confidential, so no such information may be released
to the cruise line or any legal representative thereof without
the prior knowledge and approval in writing of the patient, or,
if the patient is unable to provide written authorization, the
patient's next-of-kin.
``(f) Crew Access to Passenger Staterooms.--The owner of a vessel to
which this section applies shall--
``(1) establish and implement procedures and restrictions
concerning--
``(A) which crew members have access to passenger
staterooms; and
``(B) the periods during which they have that access;
and
``(2) ensure that the procedures and restrictions are fully
and properly implemented and periodically reviewed.
``(g) Log Book and Reporting Requirements.--
``(1) In general.--The owner of a vessel to which this
section applies shall--
``(A) record in a log book, either electronically or
otherwise, in a centralized location readily accessible
to law enforcement personnel, a report on--
``(i) all complaints of crimes described in
paragraph (3)(A)(i),
``(ii) all complaints of theft of property
valued in excess of $1,000, and
``(iii) all complaints of other crimes,
committed on any voyage that embarks or disembarks
passengers in the United States; and
``(B) make such log book available upon request to
any agent of the Federal Bureau of Investigation, any
member of the United States Coast Guard, and any law
enforcement officer performing official duties in the
course and scope of an investigation.
``(2) Details required.--The information recorded under
paragraph (1) shall include, at a minimum--
``(A) the vessel operator;
``(B) the name of the cruise line;
``(C) the flag under which the vessel was operating
at the time the reported incident occurred;
``(D) the age and gender of the victim and the
accused assailant;
``(E) the nature of the alleged crime or complaint,
as applicable, including whether the alleged
perpetrator was a passenger or a crew member;
``(F) the vessel's position at the time of the
incident, if known, or the position of the vessel at
the time of the initial report;
``(G) the time, date, and method of the initial
report and the law enforcement authority to which the
initial report was made;
``(H) the time and date the incident occurred, if
known;
``(I) the total number of passengers and the total
number of crew members on the voyage; and
``(J) the case number or other identifier provided by
the law enforcement authority to which the initial
report was made.
``(3) Requirement to report crimes and other information.--
``(A) In general.--The owner of a vessel to which
this section applies (or the owner's designee)--
``(i) shall contact the nearest Federal
Bureau of Investigation Field Office or Legal
Attache by telephone as soon as possible after
the occurrence on board the vessel of an
incident involving homicide, suspicious death,
a missing United States national, kidnapping,
assault with serious bodily injury, any offense
to which section 2241, 2242, 2243, or 2244 (a)
or (c) of title 18 applies, firing or tampering
with the vessel, or theft of money or property
in excess of $10,000 to report the incident;
``(ii) shall furnish a written report of the
incident to the Secretary via an Internet based
portal;
``(iii) may report any serious incident that
does not meet the reporting requirements of
clause (i) and that does not require immediate
attention by the Federal Bureau of
Investigation via the Internet based portal
maintained by the Secretary of Transportation;
and
``(iv) may report any other criminal incident
involving passengers or crew members, or both,
to the proper State or local government law
enforcement authority.
``(B) Incidents to which subparagraph (A) applies.--
Subparagraph (A) applies to an incident involving
criminal activity if--
``(i) the vessel, regardless of registry, is
owned, in whole or in part, by a United States
person, regardless of the nationality of the
victim or perpetrator, and the incident occurs
when the vessel is within the admiralty and
maritime jurisdiction of the United States and
outside the jurisdiction of any State;
``(ii) the incident concerns an offense by or
against a United States national committed
outside the jurisdiction of any nation;
``(iii) the incident occurs in the
Territorial Sea of the United States,
regardless of the nationality of the vessel,
the victim, or the perpetrator; or
``(iv) the incident concerns a victim or
perpetrator who is a United States national on
a vessel during a voyage that departed from or
will arrive at a United States port.
``(4) Availability of incident data via internet.--
``(A) Website.--The Secretary of Transportation shall
maintain a statistical compilation of all incidents
described in paragraph (3)(A)(i) on an Internet site
that provides a numerical accounting of the missing
persons and alleged crimes recorded in each report
filed under paragraph (3)(A)(i) that are no longer
under investigation by the Federal Bureau of
Investigation. The data shall be updated no less
frequently than quarterly, aggregated by--
``(i) cruise line, with each cruise line
identified by name; and
``(ii) whether each crime was committed by a
passenger or a crew member.
``(B) Access to website.--Each cruise line taking on
or discharging passengers in the United States shall
include a link on its Internet website to the website
maintained by the Secretary under subparagraph (A).
``(h) Enforcement.--
``(1) Penalties.--
``(A) Civil penalty.--Any person that violates this
section or a regulation under this section shall be
liable for a civil penalty of not more than $25,000 for
each day during which the violation continues, except
that the maximum penalty for a continuing violation is
$50,000.
``(B) Criminal penalty.--Any person that willfully
violates this section or a regulation under this
section shall be fined not more than $250,000 or
imprisoned not more than 1 year, or both.
``(2) Denial of entry.--The Secretary may deny entry into the
United States to a vessel to which this section applies if the
owner of the vessel--
``(A) commits an act or omission for which a penalty
may be imposed under this subsection; or
``(B) fails to pay a penalty imposed on the owner
under this subsection.
``(i) Procedures.--Within 6 months after the date of enactment of the
Cruise Vessel Security and Safety Act of 2009, the Secretary shall
issue guidelines, training curricula, and inspection and certification
procedures necessary to carry out the requirements of this section.
``(j) Regulations.--The Secretary of Transportation and the
Commandant shall each issue such regulations as are necessary to
implement this section.
``(k) Application.--
``(1) In general.--This section and section 3508 apply to a
passenger vessel (as defined in section 2101(22)) that--
``(A) is authorized to carry at least 250 passengers;
``(B) has onboard sleeping facilities for each
passenger;
``(C) is on a voyage that embarks or disembarks
passengers in the United States; and
``(D) is not engaged on a coastwise voyage.
``(2) Federal and state vessels.--This section and section
3508 do not apply to a vessel that is owned and operated by the
United States Government or a vessel that is owned and operated
by a State.
``(l) Owner Defined.--In this section and section 3508, the term
`owner' means the owner, charterer, managing operator, master, or other
individual in charge of a vessel.
``Sec. 3508. Crime scene preservation training for passenger vessel
crew members
``(a) In General.--Within 1 year after the date of enactment of the
Cruise Vessel Security and Safety Act of 2009, the Secretary, in
consultation with the Director of the Federal Bureau of Investigation
and the Maritime Administrator, shall develop training standards and
curricula to allow for the certification of passenger vessel security
personnel, crew members, and law enforcement officials on the
appropriate methods for prevention, detection, evidence preservation,
and reporting of criminal activities in the international maritime
environment. The Administrator of the Maritime Administration may
certify organizations in the United States and abroad that offer the
curriculum for training and certification under subsection (c).
``(b) Minimum Standards.--The standards established by the Secretary
under subsection (a) shall include--
``(1) the training and certification of vessel security
personnel, crew members, and law enforcement officials in
accordance with accepted law enforcement and security
guidelines, policies, and procedures, including recommendations
for incorporating a background check process for personnel
trained and certified in foreign countries;
``(2) the training of students and instructors in all aspects
of prevention, detection, evidence preservation, and reporting
of criminal activities in the international maritime
environment; and
``(3) the provision or recognition of off-site training and
certification courses in the United States and foreign
countries to develop and provide the required training and
certification described in subsection (a) and to enhance
security awareness and security practices related to the
preservation of evidence in response to crimes on board
passenger vessels.
``(c) Certification Requirement.--Beginning 2 years after the
standards are established under subsection (b), no vessel to which this
section applies may enter a United States port on a voyage (or voyage
segment) on which a United States citizen is a passenger unless there
is at least 1 crew member onboard who is certified as having
successfully completed training in the prevention, detection, evidence
preservation, and reporting of criminal activities in the international
maritime environment on passenger vessels under subsection (a).
``(d) Interim Training Requirement.--No vessel to which this section
applies may enter a United States port on a voyage (or voyage segment)
on which a United States citizen is a passenger unless there is at
least 1 crew member onboard who has been properly trained in the
prevention, detection, evidence preservation and the reporting
requirements of criminal activities in the international maritime
environment. The owner of such a vessel shall maintain certification or
other documentation, as prescribed by the Secretary, verifying the
training of such individual and provide such documentation upon request
for inspection in connection with enforcement of the provisions of this
section. This subsection shall take effect 1 year after the date of
enactment of the Cruise Vessel Safety and Security Act of 2009 and
shall remain in effect until superseded by the requirements of
subsection (c).
``(e) Civil Penalty.--Any person that violates this section or a
regulation under this section shall be liable for a civil penalty of
not more than $50,000.
``(f) Denial of Entry.--The Secretary may deny entry into the United
States to a vessel to which this section applies if the owner of the
vessel--
``(1) commits an act or omission for which a penalty may be
imposed under subsection (e); or
``(2) fails to pay a penalty imposed on the owner under
subsection (e).''.
(b) Clerical Amendment.--The table of contents for such chapter is
amended by adding at the end the following:
``3507. Passenger vessel security and safety requirements.
``3508. Crime scene preservation training for passenger vessel crew
members.''.
SEC. 904. STUDY AND REPORT ON THE SECURITY NEEDS OF PASSENGER VESSELS.
(a) In General.--Within 3 months after the date of enactment of this
Act, the Secretary of the department in which the United States Coast
Guard is operating shall conduct a study of the security needs of
passenger vessels depending on number of passengers on the vessels, and
report to the Congress findings of the study and recommendations for
improving security on those vessels.
(b) Report Contents.--In recommending appropriate security on those
vessels, the report shall take into account typical crew member shifts,
working conditions of crew members, and length of voyages.
TITLE X--UNITED STATES MARINER PROTECTION
SEC. 1001. SHORT TITLE.
This title may be cited as the ``United States Mariner and Vessel
Protection Act of 2009''.
SEC. 1002. USE FORCE AGAINST PIRACY.
(a) In General.--Chapter 81 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 8107. Use of force against piracy
``An owner, operator, time charterer, master, or mariner who uses
force, or authorizes the use of force, to defend a vessel of the United
States against an act of piracy shall not be liable for any injury or
death caused by such force to any person participating in the act of
piracy.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following new item:
``8107. Use of force against piracy.''.
SEC. 1003. AGREEMENTS.
To carry out the purpose of this title, the Secretary of the
department in which the Coast Guard is operating shall work through the
International Maritime Organization to establish agreements to promote
coordinated action among flag- and port-states to deter, protect
against, and rapidly respond to acts of piracy against the vessels of,
and in the waters under the jurisdiction of, those nations, and to
ensure limitations on liability similar to those established by section
8107 of title 46, United States Code, as amended by this title.
TITLE XI--PORT SECURITY
SEC. 1101. MARITIME HOMELAND SECURITY PUBLIC AWARENESS PROGRAM.
The Secretary of Homeland Security shall establish a program to help
prevent acts of terrorism and other activities that jeopardize maritime
homeland security, by seeking the cooperation of the commercial and
recreational boating industries and the public to improve awareness of
activity in the maritime domain and report suspicious or unusual
activity.
SEC. 1102. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.
(a) In General.--Not later than 120 days after completing the pilot
program under section 70105(k)(1) of title 46, United States Code, to
test TWIC access control technologies at port facilities and vessels
nationwide, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the Committee
on Homeland Security and Governmental Affairs of the Senate and to the
Comptroller General a report containing an assessment of the results of
the pilot. The report shall include--
(1) the findings of the pilot program with respect to key
technical and operational aspects of implementing TWIC
technologies in the maritime sector;
(2) a comprehensive listing of the extent to which
established metrics were achieved during the pilot program; and
(3) an analysis of the viability of those technologies for
use in the maritime environment, including any challenges to
implementing those technologies and strategies for mitigating
identified challenges.
(b) GAO Assessment.--The Comptroller General shall review the report
and submit to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the Senate, and
the Committee on Homeland Security and Governmental Affairs of the
Senate an assessment of the report's findings and recommendations.
SEC. 1103. REVIEW OF INTERAGENCY OPERATIONAL CENTERS.
(a) In General.--Within 180 days of enactment of this Act, the
Department of Homeland Security Inspector General shall provide a
report to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committees on Homeland Security and Governmental Affairs and
Commerce, Science, and Transportation of the Senate concerning the
establishment of Interagency Operational Centers for Port Security
required by section 108 of the SAFE Port Act (Public Law 109-347).
(b) Report.--The report shall include--
(1) an examination of the Department's efforts to establish
the Interagency Operational Centers;
(2) a timeline for construction;
(3) a detailed breakdown, by center, as to the incorporation
of those representatives required by section 70107A(b)(3) of
title 46, United States Code;
(4) an analysis of the hurdles faced by the Department in
developing these centers;
(5) information on the number of security clearances attained
by State, local, and tribal officials participating in the
program; and
(6) an examination of the relationship between the
Interagency Operational Centers and State, local and regional
fusion centers participating in the Department of Homeland
Security's State, Local, and Regional Fusion Center Initiative
under section 511 of the Implementing the Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110-53), with a
particular emphasis on--
(A) how the centers collaborate and coordinate their
efforts; and
(B) the resources allocated by the Coast Guard to
both initiatives.
SEC. 1104. MARITIME SECURITY RESPONSE TEAMS.
(a) In General.--Section 70106 of title 46, United States Code, is
amended by striking subsection (c) and inserting the following:
``(c) Maritime Security Response Teams.--
``(1) In general.--In addition to the maritime safety and
security teams, the Secretary shall establish no less than two
maritime security response teams to act as the Coast Guard's
rapidly deployable counterterrorism and law enforcement
response units that can apply advanced interdiction skills in
response to threats of maritime terrorism.
``(2) Minimization of response time.--The maritime security
response teams shall be stationed in such a way to minimize, to
the extent practicable, the response time to any reported
maritime terrorist threat.
``(d) Coordination With Other Agencies.--To the maximum extent
feasible, each maritime safety and security team and maritime security
response team shall coordinate its activities with other Federal,
State, and local law enforcement and emergency response agencies.''.
SEC. 1105. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPANSION.
(a) Definitions.--For purposes of this section:
(1) Canine detection team.--The term ``detection canine
team'' means a canine and a canine handler that are trained to
detect narcotics or explosives, or other threats as defined by
the Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(b) Detection Canine Teams.--
(1) Increased capacity.--Not later than 240 days after the
date of enactment of this Act, the Secretary shall--
(A) begin to increase the number of detection canine
teams certified by the Coast Guard for the purposes of
maritime-related security by no fewer than 10 canine
teams annually through fiscal year 2012; and
(B) encourage owners and operators of port
facilities, passenger cruise liners, oceangoing cargo
vessels, and other vessels identified by the Secretary
to strengthen security through the use of highly
trained detection canine teams.
(2) Canine procurement.--The Secretary, acting through the
Commandant of the Coast Guard, shall--
(A) procure detection canine teams as efficiently as
possible, including, to the greatest extent possible,
through increased domestic breeding, while meeting the
performance needs and criteria established by the
Commandant;
(B) support expansion and upgrading of existing
canine training facilities operated by the department
in which the Coast Guard is operating; and
(C) as appropriate, partner with other Federal,
State, or local agencies, nonprofit organizations,
universities, or the private sector to increase the
breeding and training capacity for Coast Guard canine
detection teams.
(c) Deployment.--The Secretary shall prioritize deployment of the
additional canine teams to ports based on risk, consistent with the
Security and Accountability For Every Port Act of 2006 (Public Law 109-
347).
(d) Authorization.--There are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this section for
fiscal years 2008 through 2012.
SEC. 1106. COAST GUARD PORT ASSISTANCE PROGRAM.
(a) In General.--Section 70110 of title 46, United States Code, is
amended by adding at the end the following:
``(f) Coast Guard Assistance Program.--
``(1) In general.--The Secretary may lend, lease, donate, or
otherwise provide equipment, and provide technical training and
support, to the owner or operator of a foreign port or
facility--
``(A) to assist in bringing the port or facility into
compliance with applicable International Ship and Port
Facility Code standards;
``(B) to assist the port or facility in meeting
standards established under section 70109A of this
chapter; and
``(C) to assist the port or facility in exceeding the
standards described in subparagraphs (A) and (B).
``(2) Conditions.--The Secretary--
``(A) shall provide such assistance based upon an
assessment of the risks to the security of the United
States and the inability of the owner or operator of
the port or facility otherwise to bring the port or
facility into compliance with those standards and to
maintain compliance with them;
``(B) may not provide such assistance unless the port
or facility has been subjected to a comprehensive port
security assessment by the Coast Guard or a third party
entity certified by the Secretary under section
70110A(b) to validate foreign port or facility
compliance with International Ship and Port Facility
Code standards; and
``(C) may only lend, lease, or otherwise provide
equipment that the Secretary has first determined is
not required by the Coast Guard for the performance of
its missions.''.
(b) Safety and Security Assistance for Foreign Ports.--
(1) In general.--Section 70110(e)(1) of title 46, United
States Code, is amended by striking the second sentence and
inserting the following: ``The Secretary shall establish a
strategic plan to utilize those assistance programs to assist
ports and facilities that are found by the Secretary under
subsection (a) not to maintain effective antiterrorism measures
in the implementation of port security antiterrorism
measures.''.
(2) Conforming amendments.--
(A) Section 70110 of title 46, United States Code, is
amended--
(i) by inserting ``or facilities'' after
``ports'' in the section heading;
(ii) by inserting ``or facility'' after
``port'' each place it appears; and
(iii) by striking ``Ports'' in the heading
for subsection (e) and inserting ``Ports,
Facilities,''.
(B) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the item
relating to section 70110 and inserting the following:
``70110. Actions and assistance for foreign ports or facilities and
United States territories''.
SEC. 1107. MARITIME BIOMETRIC IDENTIFICATION.
(a) In General.--Within one year after the date of the enactment of
this Act, the Secretary of Homeland Security, acting through the
Commandant of the Coast Guard, shall conduct, in the maritime
environment, a program for the mobile biometric identification of
suspected individuals, including terrorists, to enhance border security
and for other purposes.
(b) Requirements.--The Secretary shall ensure the program required in
this section is coordinated with other biometric identification
programs within the Department of Homeland Security.
(c) Cost Analysis.--Within 90 days after the date of the enactment of
this Act, the Secretary shall submit to the Committees on
Appropriations and Homeland Security of the House of Representatives
and the Committees on Appropriations and Homeland Security and
Governmental Affairs of the Senate an analysis of the cost of expanding
the Coast Guard's biometric identification capabilities for use by the
Coast Guards Deployable Operations Group, cutters, stations, and other
deployable maritime teams considered appropriate by the Secretary, and
any other appropriate Department of Homeland Security maritime vessels
and units. The analysis may include a tiered plan for the deployment of
this program that gives priority to vessels and units more likely to
encounter individuals suspected of making illegal border crossings
through the maritime environment.
(d) Definition.--For the purposes of this section, the term
``biometric identification'' means use of fingerprint and digital
photography images.
SEC. 1108. REVIEW OF POTENTIAL THREATS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report analyzing
the threat, vulnerability, and consequence of a terrorist attack on
gasoline and chemical cargo shipments in port activity areas in the
United States.
SEC. 1109. PORT SECURITY PILOT.
The Secretary of Homeland Security shall establish a pilot program
to test and deploy preventive radiological or nuclear detection
equipment on Coast Guard vessels and other locations in select port
regions to enhance border security and for other purposes. The pilot
program shall leverage existing Federal grant funding to support this
program and the procurement of additional equipment.
SEC. 1110. SEASONAL WORKERS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the effects that the Transportation Worker
Identification Card (in this section referred to as ``TWIC'') required
by section 70105 of title 46, United States Code, has on companies that
employ seasonal employees.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Comptroller General shall submit a report to the
Committee on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the results of
the study, including--
(1) costs associated in requiring seasonal employees to
obtain TWIC cards on companies;
(2) whether the Coast Guard and Transportation Security
Administration are processing TWIC applications quickly enough
for seasonal workers to obtain TWIC certification;
(3) whether TWIC compliance costs or other factors have led
to a reduction in service;
(3) the impact of TWIC on the recruiting and hiring of
seasonal and other temporary employees; and
(4) an assessment of possible alternatives to TWIC
certification that may be used for seasonal employees including
any security vulnerabilities created by those alternatives.
SEC. 1111. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND FACILITY-
BASED LIQUEFIED NATURAL GAS REGASIFICATION
PROCESSES.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, acting through the Commandant
of the Coast Guard, shall enter into an arrangement for the performance
of an independent study to conduct a comparative risk assessment
examining the relative safety and security risk associated with vessel-
based and facility-based liquefied natural gas regasification processes
conducted within 3 miles from land versus such processes conducted more
than 3 miles from land.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary Homeland Security, acting through the
Commandant, shall provide a report on the findings and conclusions of
the study required by this section to the Committees on Homeland
Security, Transportation and Infrastructure, and Energy and Commerce of
the House of Representatives, and the Committees on Homeland Security
and Governmental Affairs and Commerce, Science, and Transportation of
the Senate.
SEC. 1112. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME WORKERS.
(a) In General.--Within 180 days after the date of enactment of this
Act, the Secretary of Homeland Security shall establish procedures
providing for an individual who is required to be fingerprinted for
purposes of obtaining a transportation security card under section
70105 of title 46, United States Code, to be fingerprinted at any
facility operated by or under contract with an agency of the Department
of Homeland Security that fingerprints the public for the Department.
(b) Expiration.--This section expires on December 31, 2012.
SEC. 1113. TRANSPORTATION SECURITY CARDS ON VESSELS.
Section 70105(b)(2) of title 46, United States Code, is amended--
(1) in subparagraph (B), by inserting after ``title'' the
following: ``allowed unescorted access to a secure area
designated in a vessel security plan approved under section
70103 of this title''; and
(2) in subparagraph (D), by inserting after ``tank vessel''
the following: ``allowed unescorted access to a secure area
designated in a vessel security plan approved under section
70103 of this title''.
SEC. 1114. INTERNATIONAL LABOR STUDY.
The Comptroller General of the United States shall conduct a study of
methods to conduct a background security investigation of an individual
who possesses a biometric identification card that complies with
International Labor Convention number 185 that are equivalent to the
investigation conducted on individuals applying for a visa to enter the
United States. The Comptroller General shall submit a report on the
study within 180 days after the date of enactment of this Act to the
Committee on Transportation and Infrastructure and the Committee on
Homeland Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 1115. MARITIME SECURITY ADVISORY COMMITTEES.
Section 70112 of title 46, United States Code, is amended--
(1) by amending subsection (b)(5) to read as follows:
``(5)(A) The National Maritime Security Advisory Committee shall be
composed of--
``(i) at least 1 individual who represents the interests of
the port authorities;
``(ii) at least 1 individual who represents the interests of
the facilities owners or operators;
``(iii) at least 1 individual who represents the interests of
the terminal owners or operators;
``(iv) at least 1 individual who represents the interests of
the vessel owners or operators;
``(v) at least 1 individual who represents the interests of
the maritime labor organizations;
``(vi) at least 1 individual who represents the interests of
the academic community;
``(vii) at least 1 individual who represents the interests of
State or local governments; and
``(viii) at least 1 individual who represents the interests
of the maritime industry.
``(B) Each Area Maritime Security Advisory Committee shall be
composed of individuals who represents the interests of the port
industry, terminal operators, port labor organizations, and other users
of the port areas.''; and
(2) in subsection (g)--
(A) in paragraph (1)(A), by striking ``2008;'' and
inserting ``2010;'';
(B) by repealing paragraph (2);
(C) by striking ``(1)''; and
(D) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2).
SEC. 1116. SEAMEN'S SHORESIDE ACCESS.
Each facility security plan approved under section 70103(c) of title
46, United States Code, shall provide a system for seamen assigned to a
vessel at that facility, pilots, and representatives of seamen's
welfare and labor organizations to board and depart the vessel through
the facility in a timely manner at no cost to the individual.
SEC. 1117. WATERSIDE SECURITY AROUND ESPECIALLY HAZARDOUS MATERIAL
TERMINALS AND TANKERS.
(a) Enforcement of Security Zones.--Consistent with other provisions
of Federal law, any security zone established by the Coast Guard around
a tanker containing an especially hazardous material shall be enforced
by the Coast Guard. If the Coast Guard must enforce multiple
simultaneous security zones, the Coast Guard shall allocate resources
so as to deter to the maximum extent practicable a transportation
security incident (as that term is defined in section 70101 of title
46, United States Code).
(b) Limitation on Reliance on State and Local Government.--Any
security arrangement approved as part of a facility security plan
approved after the date of enactment of this Act under section 70103 of
title 46, United States Code, to assist in the enforcement of any
security zone established by the Coast Guard around a tanker containing
an especially hazardous material, or around an especially hazardous
material terminal on or adjacent to the navigable waters of the United
States and served by tankers carrying especially hazardous materials,
may not be based upon the provision of security by a State or local
government unless the State or local government has entered into a
contract, cooperative agreement, or other arrangement with the terminal
operator to provide such services and the Secretary of the department
in which the Coast Guard is operating, acting through the Commandant of
the Coast Guard, ensures that the waterborne patrols operated as part
of that security arrangement by a State or local government have the
training, resources, personnel, equipment, and experience necessary to
deter to the maximum extent practicable a transportation security
incident (as that term is defined in section 70101 of title 46, United
States Code).
(c) Determination Required for New Terminals.--The Secretary of the
department in which the Coast Guard is operating, acting through the
Commandant of the Coast Guard, may not approve a facility security plan
under section 70103 of title 46, United States Code, for a new
especially hazardous material terminal the construction of which is
begun after the date of enactment of this Act unless the Secretary
determines that the Coast Guard sector in which the terminal is located
has available the resources, including State and local government
resources in accordance with subsection (b), to carry out the
navigation and maritime security risk management measures identified by
the Coast Guard pursuant to the Ports and Waterways Safety Act.
(d) Especially Hazardous Material Defined.--The term ``especially
hazardous material'' means anhydrous ammonia, ammonium nitrate,
chlorine, liquefied natural gas, liquefied petroleum gas, and any other
substance identified by the Secretary of the department in which the
Coast Guard is operating as an especially hazardous material.
SEC. 1118. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.
(a) Notice of Determination.--Consistent with other provisions of
law, the Secretary of Homeland Security must notify the Federal Energy
Regulatory Commission when a determination is made that the waterway to
a proposed waterside liquefied natural gas facility is suitable or
unsuitable for the marine traffic associated with such facility.
(b) Federal Energy Regulatory Commission Response.--The Federal
Energy Regulatory Commission shall respond to the Secretary's
determination under subsection (a) by informing the Secretary within 90
days of notification or at the conclusion of any available appeal
process, whichever is later, of what action the Commission has taken,
pursuant to its authorities under the Natural Gas Act, regarding a
proposal to construct and operate a waterside liquefied natural gas
facility subject to a determination made under subsection (a).
SEC. 1119. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY
CARDS.
The Secretary of Homeland Security may use a secondary authentication
system for individuals applying for transportation security cards when
fingerprints are not able to be taken or read to enhance transportation
security.
SEC. 1120. REPORT ON STATE AND LOCAL LAW ENFORCEMENT AUGMENTATION OF
COAST GUARD RESOURCES WITH RESPECT TO SECURITY
ZONES AND UNITED STATES PORTS.
Not later than 180 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
submit to the Committees on Transportation and Infrastructure and
Homeland Security of the House of Representatives and the Committees on
Commerce, Science, and Transportation and Homeland Security and
Governmental Affairs of the Senate a report on the extent to which
State and local law enforcement entities are augmenting Coast Guard
resources by enforcing Coast Guard-imposed security zones around
vessels transiting to, through, or from United States ports and
conducting port security patrols. At a minimum, the report shall
specify-
(1) the number of ports in which State and local law
enforcement entities are providing any services to enforce
Coast Guard-imposed security zones around vessels transiting
to, through, or from United States ports or to conduct security
patrols in United States ports;
(2) the number of formal agreements entered into between the
Coast Guard and State and local law enforcement entities to
engage State and local law enforcement entities in the
enforcement of Coast Guard-imposed security zones around
vessels transiting to, through, or from United States ports or
the conduct of port security patrols in United States ports,
the duration of those agreements, and the aid that State and
local entities are engaged to provided through these
agreements;
(3) the extent to which the Coast Guard has set national
standards for training, equipment, and resources to ensure that
State and local law enforcement entities engaged in enforcing
Coast Guard-imposed security zones around vessels transiting
to, through, or from United States ports or in conducting port
security patrols in United States ports (or both) can deter to
the maximum extent practicable a transportation security
incident (as that term is defined in section 70101 of title 46,
United States Code);
(4) the extent to which the Coast Guard has assessed the
ability of State and local law enforcement entities to carry
out the security assignments which they have been engaged to
perform, including their ability to meet any national standards
for training, equipment, and resources that have been
established by the Coast Guard in order to ensure that these
entities can deter to the maximum extent practicable a
transportation security incident (as that term is defined in
section 70101 of title 46, United States Code);
(5) the extent to which State and local law enforcement
entities are able to meet national standards for training,
equipment, and resources established by the Coast Guard to
ensure that those entities can deter to the maximum extent
practicable a transportation security incident (as that term is
defined in section 70101 of title 46, United States Code);
(6) the differences in law enforcement authority, and
particularly boarding authority, between the Coast Guard and
State and local law enforcement entities, and the impact that
these differences have on the ability of State and local law
enforcement entities to provide the same level of security that
the Coast Guard provides during the enforcement of Coast Guard-
imposed security zones and the conduct of security patrols in
United States ports; and
(7) the extent of resource, training, and equipment
differences between State and local law enforcement entities
and the Coast Guard units engaged in enforcing Coast Guard-
imposed security zones around vessels transiting to, through,
or from United States ports or conducting security patrols in
United States ports.
SEC. 1121. ASSESSMENT OF TRANSPORTATION SECURITY CARD ENROLLMENT SITES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall prepare
an assessment of the enrollment sites for transportation security cards
issued under section 70105 of title 46, United States Code, including--
(1) the feasibility of keeping those enrollment sites open
after September 23, 2009; and
(2) the quality of customer service, including the periods of
time individuals are kept on hold on the telephone, whether
appointments are kept, and processing times for applications.
(b) Timelines and Benchmarks.--The Secretary shall develop timelines
and benchmarks for implementing the findings of the assessment as the
Secretary deems necessary.
TITLE XII--ALIEN SMUGGLING
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Alien Smuggling and Terrorism
Prevention Act of 2009''.
SEC. 1202. FINDINGS.
The Congress makes the following findings:
(1) Alien smuggling by land, air and sea is a transnational
crime that violates the integrity of United States borders,
compromises our Nation's sovereignty, places the country at
risk of terrorist activity, and contravenes the rule of law.
(2) Aggressive enforcement activity against alien smuggling
is needed to protect our borders and ensure the security of our
Nation. The border security and anti-smuggling efforts of the
men and women on the Nation's front line of defense are to be
commended. Special recognition is due the Department of
Homeland Security through the United States Border Patrol,
United States Coast Guard, Customs and Border Protection, and
Immigration and Customs Enforcement, and the Department of
Justice through the Federal Bureau of Investigation.
(3) The law enforcement community must be given the statutory
tools necessary to address this security threat. Only through
effective alien smuggling statutes can the Justice Department,
through the United States Attorneys' Offices and the Domestic
Security Section of the Criminal Division, prosecute these
cases successfully.
(4) Alien smuggling has a destabilizing effect on border
communities. State and local law enforcement, medical
personnel, social service providers, and the faith community
play important roles in combating smuggling and responding to
its effects.
(5) Existing penalties for alien smuggling are insufficient
to provide appropriate punishment for alien smugglers.
(6) Existing alien smuggling laws often fail to reach the
conduct of alien smugglers, transporters, recruiters, guides,
and boat captains.
(7) Existing laws concerning failure to heave to are
insufficient to appropriately punish boat operators and crew
who engage in the reckless transportation of aliens on the high
seas and seek to evade capture.
(8) Much of the conduct in alien smuggling rings occurs
outside of the United States. Extraterritorial jurisdiction is
needed to ensure that smuggling rings can be brought to justice
for recruiting, sending, and facilitating the movement of those
who seek to enter the United States without lawful authority.
(9) Alien smuggling can include unsafe or recklessly
dangerous conditions that expose individuals to particularly
high risk of injury or death.
SEC. 1203. CHECKS AGAINST TERRORIST WATCHLIST.
The Secretary of Homeland Security shall, to the extent practicable,
check against all available terrorist watchlists those persons
suspected of alien smuggling and smuggled individuals who are
interdicted at the land, air, and sea borders of the United States.
SEC. 1204. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS.
Section 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended--
(1) by amending the subsection heading to read as follows:
``Bringing In, Harboring, and Smuggling of Unlawful and
Terrorist Aliens.--'';
(2) by amending paragraphs (1) through (2) to read as
follows:
``(1)(A) Whoever, knowing or in reckless disregard of the fact that
an individual is an alien who lacks lawful authority to come to, enter,
or reside in the United States, knowingly--
``(i) brings that individual to the United States in any
manner whatsoever regardless of any future official action
which may be taken with respect to such individual;
``(ii) recruits, encourages, or induces that individual to
come to, enter, or reside in the United States;
``(iii) transports or moves that individual in the United
States, in furtherance of their unlawful presence; or
``(iv) harbors, conceals, or shields from detection the
individual in any place in the United States, including any
building or any means of transportation;
or attempts or conspires to do so, shall be punished as provided in
subparagraph (C).
``(B) Whoever, knowing that an individual is an alien, brings that
individual to the United States in any manner whatsoever at a place,
other than a designated port of entry or place designated by the
Secretary of Homeland Security, regardless of whether such individual
has received prior official authorization to come to, enter, or reside
in the United States and regardless of any future official action which
may be taken with respect to such individual, or attempts or conspires
to do so, shall be punished as provided in subparagraph (C).
``(C) Whoever commits an offense under this paragraph shall, for each
individual in respect to whom such a violation occurs--
``(i) if the offense results in the death of any person, be
fined under title 18, United States Code, and subject to the
penalty of death or imprisonment for any term of years or for
life;
``(ii) if the offense involves kidnapping, an attempt to
kidnap, the conduct required for aggravated sexual abuse (as
defined in section 2241 of title 18, United States Code,
without regard to where it takes place), or an attempt to
commit such abuse, or an attempt to kill, be fined under title
18, United States Code, or imprisoned for any term of years or
life, or both;
``(iii) if the offense involves an individual who the
defendant knew was engaged in or intended to engage in
terrorist activity (as defined in section 212(a)(3)(B)), be
fined under title 18, United States Code, or imprisoned not
more than 30 years, or both;
``(iv) if the offense results in serious bodily injury (as
defined in section 1365 of title 18, United States Code) or
places in jeopardy the life of any person, be fined under title
18, United States Code, or imprisoned not more than 20 years,
or both;
``(v) if the offense is a violation of paragraph (1)(A)(i)
and was committed for the purpose of profit, commercial
advantage, or private financial gain, or if the offense was
committed with the intent or reason to believe that the
individual unlawfully brought into the United States will
commit an offense against the United States or any State that
is punishable by imprisonment for more than 1 year, be fined
under title 18, United States Code, and imprisoned, in the case
of a first or second violation, not less than 3 nor more than
10 years, and for any other violation, not less than 5 nor more
than 15 years;
``(vi) if the offense is a violation of paragraphs
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was
committed for the purpose of profit, commercial advantage, or
private financial gain, be fined under title 18, United States
Code, or imprisoned not more than 10 years, or both;
``(vii) if the offense involves the transit of the
defendant's spouse, child, sibling, parent, grandparent, or
niece or nephew, and the offense is not described in any of
clauses (i) through (vi), be fined under title 18, United
States Code, or imprisoned not more than 1 year, or both; and
``(viii) in any other case, be fined under title 18, United
States Code, or imprisoned not more than 5 years, or both.
``(2)(A) There is extraterritorial jurisdiction over the offenses
described in paragraph (1).
``(B) In a prosecution for a violation of, or an attempt or
conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or
(a)(1)(B), that occurs on the high seas, no defense based on necessity
can be raised unless the defendant--
``(i) as soon as practicable, reported to the Coast Guard the
circumstances of the necessity, and if a rescue is claimed, the
name, description, registry number, and location of the vessel
engaging in the rescue; and
``(ii) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien into the land
territory of the United States without lawful authority, unless
exigent circumstances existed that placed the life of that
alien in danger, in which case the reporting requirement set
forth in clause (i) is satisfied by notifying the Coast Guard
as soon as practicable after delivering the alien to emergency
medical or law enforcement personnel ashore.
``(C) It is not a violation of, or an attempt or conspiracy to
violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph
(1)(A)(ii) (except if a person recruits, encourages, or induces an
alien to come to or enter the United States), for a religious
denomination having a bona fide nonprofit, religious organization in
the United States, or the agents or officer of such denomination or
organization, to encourage, invite, call, allow, or enable an alien who
is present in the United States to perform the vocation of a minister
or missionary for the denomination or organization in the United States
as a volunteer who is not compensated as an employee, notwithstanding
the provision of room, board, travel, medical assistance, and other
basic living expenses, provided the minister or missionary has been a
member of the denomination for at least one year.
``(D) For purposes of this paragraph and paragraph (1)--
``(i) the term `United States' means the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States; and
``(ii) the term `lawful authority' means permission,
authorization, or waiver that is expressly provided for in the
immigration laws of the United States or the regulations
prescribed under those laws and does not include any such
authority secured by fraud or otherwise obtained in violation
of law or authority that has been sought but not approved.''.
SEC. 1205. MARITIME LAW ENFORCEMENT.
(a) Penalties.--Subsection (b) of section 2237 of title 18, United
States Code, is amended to read as follows:
``(b) Whoever intentionally violates this section shall--
``(1) if the offense results in death or involves kidnapping,
an attempt to kidnap, the conduct required for aggravated
sexual abuse (as defined in section 2241 without regard to
where it takes place), or an attempt to commit such abuse, or
an attempt to kill, be fined under such title or imprisoned for
any term of years or life, or both;
``(2) if the offense results in serious bodily injury (as
defined in section 1365 of this title) or transportation under
inhumane conditions, be fined under this title, imprisoned not
more than 15 years, or both;
``(3) if the offense is committed in the course of a
violation of section 274 of the Immigration and Nationality Act
(alien smuggling); chapter 77 (peonage, slavery, and
trafficking in persons), section 111 (shipping), 111A
(interference with vessels), 113 (stolen property), or 117
(transportation for illegal sexual activity) of this title;
chapter 705 (maritime drug law enforcement) of title 46, or
title II of the Act of June 15, 1917 (Chapter 30; 40 Stat.
220), be fined under this title or imprisoned for not more than
10 years, or both; and
``(4) in any other case, be fined under this title or
imprisoned for not more than 5 years, or both.''.
(b) Limitation on Necessity Defense.--Section 2237(c) of title 18,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by adding at the end the following:
``(2) In a prosecution for a violation of this section, no defense
based on necessity can be raised unless the defendant--
``(A) as soon as practicable upon reaching shore, delivered
the person with respect to which the necessity arose to
emergency medical or law enforcement personnel;
``(B) as soon as practicable, reported to the Coast Guard the
circumstances of the necessity resulting giving rise to the
defense; and
``(C) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien, as that term
is defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101 (a)(3)), into the land territory
of the United States without lawful authority, unless exigent
circumstances existed that placed the life of that alien in
danger, in which case the reporting requirement of subparagraph
(B) is satisfied by notifying the Coast Guard as soon as
practicable after delivering that person to emergency medical
or law enforcement personnel ashore.''.
(c) Definition.--Section 2237(e) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the term `transportation under inhumane conditions'
means the transportation of persons in an engine compartment,
storage compartment, or other confined space, transportation at
an excessive speed, transportation of a number of persons in
excess of the rated capacity of the means of transportation, or
intentionally grounding a vessel in which persons are being
transported.''.
SEC. 1206. AMENDMENT TO THE SENTENCING GUIDELINES.
(a) In General.--Pursuant to its authority under section 994 of title
28, United States Code, and in accordance with this section, the United
States Sentencing Commission shall review and, if appropriate, amend
the sentencing guidelines and policy statements applicable to persons
convicted of alien smuggling offenses and criminal failure to heave to
or obstruction of boarding.
(b) Considerations.--In carrying out this section, the Sentencing
Commission, shall--
(1) consider providing sentencing enhancements or stiffening
existing enhancements for those convicted of offenses described
in subsection (a) that--
(A) involve a pattern of continued and flagrant
violations;
(B) are part of an ongoing commercial organization or
enterprise;
(C) involve aliens who were transported in groups of
10 or more;
(D) involve the transportation or abandonment of
aliens in a manner that endangered their lives; or
(E) involve the facilitation of terrorist activity;
and
(2) consider cross-references to the guidelines for Criminal
Sexual Abuse and Attempted Murder.
(c) Expedited Procedures.--The Commission may promulgate the
guidelines or amendments under this section in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987, as
though the authority under that Act had not expired.
TITLE XIII--MISCELLANEOUS PROVISIONS
SEC. 1301. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY.
Section 1120(c) of the Coast Guard Authorization Act of 1996 (110
Stat. 3977) is amended--
(1) in paragraph (1)--
(A) by striking ``of Transportation'' and inserting
``of the department in which the Coast Guard is
operating''; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) the vessel GALLANT LADY (Feadship hull number
672, approximately 168 feet in length).'';
(2) by striking paragraphs (3) and (4) and redesignating
paragraph (5) as paragraph (3); and
(3) in paragraph (3) (as so redesignated) by striking all
after ``shall expire'' and inserting ``on the date of the sale
of the vessel by the owner.''.
SEC. 1302. WAIVERS.
Notwithstanding section 12112 and chapter 551 of title 46, United
States Code, the Secretary of the department in which the Coast Guard
is operating may issue a certificate of documentation with a coastwise
endorsement for the following vessels:
(1) OCEAN VERITAS (IMO Number 7366805).
(2) MAYA (United States official number 11073).
(3) ZIPPER (State of New York regulation number NY3205EB).
(4) GULF DIVER IV (United States official number 553457).
(5) M/V GEYSIR (United States official number 622178).
SEC. 1303. GREAT LAKES MARITIME RESEARCH INSTITUTE.
Section 605 of the Coast Guard and Maritime Transportation Act of
2004 (118 Stat. 1052) is amended--
(1) in subsection (b)(1)--
(A) by striking ``The Secretary of Transportation
shall conduct a study that'' and inserting ``The
Institute shall conduct maritime transportation studies
of the Great Lakes region, including studies that'';
(B) in subparagraphs (A), (B), (C), (E), (F), (H),
(I), and (J) by striking ``evaluates'' and inserting
``evaluate'';
(C) in subparagraphs (D) and (G) by striking
``analyzes'' and inserting ``analyze'';
(D) by striking ``and'' at the end of subparagraph
(I);
(E) by striking the period at the end of subparagraph
(J) and inserting a semicolon;
(F) by adding at the end the following:
``(K) identify ways to improve the integration of the
Great Lakes marine transportation system into the
national transportation system;
``(L) examine the potential of expanded operations on
the Great Lakes marine transportation system;
``(M) identify ways to include intelligent
transportation applications into the Great Lakes marine
transportation system;
``(N) analyze the effects and impacts of aging
infrastructure and port corrosion on the Great Lakes
marine transportation system;
``(O) establish and maintain a model Great Lakes
marine transportation system database; and
``(P) identify market opportunities for, and
impediments to, the use of United States-flag vessels
in trade with Canada on the Great Lakes.''; and
(2) by striking subsection (b)(4) and inserting the
following:
``(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out paragraph (1)--
``(A) $2,400,000 for fiscal year 2010;
``(B) $2,500,000 for fiscal year 2011;
``(C) $2,600,000 for fiscal year 2012; and
``(D) $2,700,000 for fiscal year 2013.''.
SEC. 1304. CONVEYANCE OF COAST GUARD BOAT HOUSE, NANTUCKET,
MASSACHUSETTS.
(a) Station Brant Point Boat House.--
(1) Requirement.--The Secretary of the department in which
the Coast Guard is operating shall convey to the town of
Nantucket, Massachusetts, all right, title, and interest of the
United States in and to the buildings known as the Station
Brant Point Boat House located at Coast Guard Station Brant
Point, Nantucket, Massachusetts, for use for a public purpose.
(2) Terms of conveyance.--A conveyance of the building under
paragraph (1) shall be made--
(A) without the payment of consideration; and
(B) subject to appropriate terms and conditions the
Secretary considers necessary.
(3) Reversionary interest.--All right, title, and interest in
property conveyed under this subsection shall revert to the
United States if any portion of the property is used other than
for a public purpose.
(b) Lease.--
(1) Requirement.--The Secretary of the department in which
the Coast Guard is operating shall enter into a lease with the
town of Nantucket that authorizes the town of Nantucket to
occupy the land on which the buildings conveyed under
subsection (a) are located, subject to appropriate terms and
conditions the Secretary considers necessary.
(2) Lease term.--A lease under this subsection shall not
expire before January 31, 2033.
(3) Termination of lease.--If the Secretary determines that
the property leased under paragraph (1) is necessary for
purposes of the Coast Guard, the Secretary--
(A) may terminate the lease without payment of
compensation; and
(B) shall provide the town of Nantucket not less than
12 months notice of the requirement to vacate the site
and move the buildings conveyed under subsection (a) to
another location.
SEC. 1305. CREW WAGES ON PASSENGER VESSELS.
(a) Foreign and Intercoastal Voyages.--
(1) Cap on penalty wages.--Section 10313(g) of title 46,
United States Code, is amended--
(A) by striking ``When'' and inserting ``(1) Subject
to paragraph (2), when''; and
(B) by adding at the end the following:
``(2) The total amount required to be paid under paragraph (1) with
respect to all claims in a class action suit by seamen on a passenger
vessel capable of carrying more than 500 passengers for wages under
this section against a vessel master, owner, or operator or the
employer of the seamen shall not exceed ten times the unpaid wages that
are the subject of the claims.
``(3) A class action suit for wages under this subsection must be
commenced within three years after the later of--
``(A) the date of the end of the last voyage for which the
wages are claimed; or
``(B) the receipt, by a seaman who is a claimant in the suit,
of a payment of wages that are the subject of the suit that is
made in the ordinary course of employment.''.
(2) Deposits.--Section 10315 of such title is amended by
adding at the end the following:
``(f) Deposits in Seaman Account.--By written request signed by the
seaman, a seaman employed on a passenger vessel capable of carrying
more than 500 passengers may authorize the master, owner, or operator
of the vessel, or the employer of the seaman, to make deposits of wages
of the seaman into a checking, savings, investment, or retirement
account, or other account to secure a payroll or debit card for the
seaman if--
``(1) the wages designated by the seaman for such deposit are
deposited in a United States or international financial
institution designated by the seaman;
``(2) such deposits in the financial institution are fully
guaranteed under commonly accepted international standards by
the government of the country in which the financial
institution is licensed;
``(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman no
less often than monthly; and
``(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all
funds on deposit in the account in which the wages are
deposited.''.
(b) Coastwise Voyages.--
(1) Cap on penalty wages.--Section 10504(c) of such title is
amended--
(A) by striking ``When'' and inserting ``(1) Subject
to subsection (d), and except as provided in paragraph
(2), when''; and
(B) by inserting at the end the following:
``(2) The total amount required to be paid under paragraph (1) with
respect to all claims in a class action suit by seamen on a passenger
vessel capable of carrying more than 500 passengers for wages under
this section against a vessel master, owner, or operator or the
employer of the seamen shall not exceed ten times the unpaid wages that
are the subject of the claims.
``(3) A class action suit for wages under this subsection must be
commenced within three years after the later of--
``(A) the date of the end of the last voyage for which the
wages are claimed; or
``(B) the receipt, by a seaman who is a claimant in the suit,
of a payment of wages that are the subject of the suit that is
made in the ordinary course of employment.''.
(2) Deposits.--Section 10504 of such title is amended by
adding at the end the following:
``(f) Deposits in Seaman Account.--On written request signed by the
seaman, a seaman employed on a passenger vessel capable of carrying
more than 500 passengers may authorize, the master, owner, or operator
of the vessel, or the employer of the seaman, to make deposits of wages
of the seaman into a checking, savings, investment, or retirement
account, or other account to secure a payroll or debit card for the
seaman if--
``(1) the wages designated by the seaman for such deposit are
deposited in a United States or international financial
institution designated by the seaman;
``(2) such deposits in the financial institution are fully
guaranteed under commonly accepted international standards by
the government of the country in which the financial
institution is licensed;
``(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman no
less often than monthly; and
``(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all
funds on deposit in the account in which the wages are
deposited.''.
SEC. 1306. TECHNICAL CORRECTIONS.
(a) Coast Guard and Maritime Transportation Act of 2006.--Effective
with enactment of the Coast Guard and Maritime Transportation Act of
2006 (Public Law 109-241), such Act is amended--
(1) in section 311(b) (120 Stat. 530) by inserting
``paragraphs (1) and (2) of'' before ``section 8104(o)'';
(2) in section 603(a)(2) (120 Stat. 554) by striking ``33
U.S.C. 2794(a)(2)'' and inserting ``33 U.S.C. 2704(a)(2)'';
(3) in section 901(r)(2) (120 Stat. 566) by striking ``the''
the second place it appears;
(4) in section 902(c) (120 Stat. 566) by inserting ``of the
United States'' after ``Revised Statutes'';
(5) in section 902(e) (120 Stat. 567) is amended--
(A) by inserting ``and'' after the semicolon at the
end of paragraph (1);
(B) by striking ``and'' at the end of paragraph
(2)(A); and
(C) by redesignating paragraphs (3) and (4) as
subparagraphs (C) and (D) of paragraph (2),
respectively, and aligning the left margin of such
subparagraphs with the left margin of subparagraph (A)
of paragraph (2);
(6) in section 902(e)(2)(C) (as so redesignated) by striking
``this section'' and inserting ``this paragraph'';
(7) in section 902(e)(2)(D) (as so redesignated) by striking
``this section'' and inserting ``this paragraph'';
(8) in section 902(h)(1) (120 Stat. 567)--
(A) by striking ``Bisti/De-Na-Zin'' and all that
follows through ``Protection'' and inserting ``Omnibus
Parks and Public Lands Management''; and
(B) by inserting a period after ``Commandant of the
Coast Guard''; and
(9) in section 902(k) (120 Stat. 568) is amended--
(A) by inserting ``the Act of March 23, 1906,
commonly known as'' before ``the General Bridge'';
(B) by striking ``491)'' and inserting ``494),''; and
(C) by inserting ``each place it appears'' before
``and inserting''.
(b) Title 14.--
(1) The analysis for chapter 7 of title 14, United States
Code, is amended by adding a period at the end of the item
relating to section 149.
(2) The analysis for chapter 17 of title 14, United States
Code, is amended by adding a period at the end of the item
relating to section 677.
(3) The analysis for chapter 9 of title 14, United States
Code, is amended by adding a period at the end of the item
relating to section 198.
(c) Title 46.--
(1) The analysis for chapter 81 of title 46, United States
Code, is amended by adding a period at the end of the item
relating to section 8106.
(2) Section 70105(c)(3)(C) of such title is amended by
striking ``National Intelligence Director'' and inserting
``Director of National Intelligence''.
(d) Deepwater Port Act of 1974.--Section 5(c)(2) of the Deepwater
Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by aligning the left
margin of subparagraph (K) with the left margin of subparagraph (L).
(e) Oil Pollution Act of 1990.--
(1) Section 1004(a)(2) of the Oil Pollution Act of 1990 (33
U.S.C. 2704(a)(2)) is amended by striking the first comma
following ``$800,000''.
(2) The table of sections in section 2 of such Act is amended
by inserting a period at the end of the item relating to
section 7002.
(f) Coast Guard Authorization Act of 1996.--The table of sections in
section 2 of the Coast Guard Authorization Act of 1996 is amended in
the item relating to section 103 by striking ``reports'' and inserting
``report''.
SEC. 1307. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER STORIS.
(a) In General.--Upon the scheduled decommissioning of the Coast
Guard Cutter STORIS, the Commandant of the Coast Guard shall convey,
without consideration, all right, title, and interest of the United
States in and to that vessel to the USCG Cutter STORIS Museum and
Maritime Education Center, LLC, located in the State of Alaska if the
recipient--
(1) agrees--
(A) to use the vessel for purposes of a museum and
historical display;
(B) not to use the vessel for commercial
transportation purposes;
(C) to make the vessel available to the United States
Government if needed for use by the Commandant in time
of war or a national emergency; and
(D) to hold the Government harmless for any claims
arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls, after
conveyance of the vessel, except for claims arising
from the use by the Government under subparagraph (C);
(2) has funds available that will be committed to operate and
maintain in good working condition the vessel conveyed, in the
form of cash, liquid assets, or a written loan commitment and
in an amount of at least $700,000; and
(3) agrees to any other conditions the Commandant considers
appropriate.
(b) Maintenance and Delivery of Vessel.--
(1) Maintenance.--Before conveyance of the vessel under this
section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort
to maintain the integrity of the vessel and its equipment until
the time of delivery.
(2) Delivery.--If a conveyance is made under this section,
the Commandant shall deliver the vessel to a suitable mooring
in the local area in its present condition.
(3) Treatment of conveyance.--The conveyance of the vessel
under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of Public Law 94-469 (15
U.S.C. 2605(e)).
(c) Other Excess Equipment.--The Commandant may convey to the
recipient of a conveyance under subsection (a) any excess equipment or
parts from other decommissioned Coast Guard vessels for use to enhance
the operability and function of the vessel conveyed under subsection
(a) for purposes of a museum and historical display.
SEC. 1308. CONVEYANCE OF COAST GUARD HU-25 FALCON JET AIRCRAFT.
(a) Authority To Convey.--Notwithstanding any other law, the
Commandant of the Coast Guard may convey to the Elizabeth City State
University (in this section referred to as the ``University''), a
public university located in the State of North Carolina, without
consideration all right, title, and interest of the United States in an
HU-25 Falcon Jet aircraft under the administrative jurisdiction of the
Coast Guard that the Commandant determines--
(1) is appropriate for use by the University; and
(2) is excess to the needs of the Coast Guard.
(b) Conditions.--
(1) In general.--As a condition of conveying an aircraft to
the University under subsection (a), the Commandant shall enter
into an agreement with the University under which the
University agrees--
(A) to utilize the aircraft for educational purposes
or other public purposes as jointly agreed upon by the
Commandant and the University before conveyance; and
(B) to hold the United States harmless for any claim
arising with respect to the aircraft after conveyance
of the aircraft.
(2) Reversionary interest.--If the Commandant determines that
the recipient violated subparagraph (A) or (B) of paragraph
(1), then--
(A) all right, title, and interest in the aircraft
shall revert to the United States;
(B) the United States shall have the right to
immediate possession of the aircraft; and
(C) the recipient shall pay the United States for its
costs incurred in recovering the aircraft for such
violation.
(c) Limitation on Future Transfers.--
(1) In general.--The Commandant shall include in the
instruments for the conveyance a requirement that any further
conveyance of an interest in the aircraft may not be made
without the approval in advance of the Commandant.
(2) Reversionary interest.--If the Commandant determines that
an interest in the aircraft was conveyed without such approval,
then--
(A) all right, title, and interest in the aircraft
shall revert to the United States;
(B) the United States shall have the right to
immediate possession of the aircraft; and
(C) the recipient shall pay the United States for its
costs incurred in recovering the aircraft for such a
violation.
(d) Delivery of Aircraft.--The Commandant shall deliver the aircraft
conveyed under subsection (a)--
(1) at the place where the aircraft is located on the date of
the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(e) Additional Terms and Conditions.--The Commandant may require such
additional terms and conditions in connection with the conveyance
required by subsection (a) as the Commandant considers appropriate to
protect the interests of the United States.
SEC. 1309. DECOMMISSIONED COAST GUARD VESSELS FOR HAITI.
(a) In General.--Notwithstanding any other law, upon the scheduled
decommissioning of any Coast Guard 41-foot patrol boat, the Commandant
of the Coast Guard shall give the Government of Haiti a right-of-first-
refusal for conveyance of that vessel to the Government of Haiti, if
that Government of Haiti agrees--
(1) to use the vessel for the Coast Guard of Haiti;
(2) to make the vessel available to the United States
Government if needed for use by the Commandant in time of war
or national emergency;
(3) to hold the United States Government harmless for any
claims arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls, after conveyance of the
vessel, except for claims arising from the use by the United
States Government under paragraph (2); and
(4) to any other conditions the Commandant considers
appropriate.
(b) Limitation.--The Commandant may not convey more than 10 vessels
to the Government of Haiti pursuant to this section.
(c) Maintenance and Delivery of Vessel.--
(1) Maintenance.--Before conveyance of a vessel under this
section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort
to maintain the integrity of the vessel and its equipment until
the time of delivery.
(2) Delivery.--If a conveyance is made under this section,
the Commandant shall deliver a vessel to a suitable mooring in
the local area in its present condition.
(3) Treatment of conveyance.--The conveyance of a vessel
under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of Public Law 94-469 (15
U.S.C. 2605(e)).
SEC. 1310. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.
(a) In General.--Notwithstanding section 12111(d) of title 46, United
States Code, foreign-flag vessels may be chartered by, or on behalf of,
a lessee to be employed for the setting, relocation, or recovery of
anchors or other mooring equipment of a mobile offshore drilling unit
that is located over the Outer Continental Shelf (as defined in section
2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)) for
operations in support of exploration, or flow-testing and stimulation
of wells, for offshore mineral or energy resources in the Beaufort Sea
or the Chukchi Sea adjacent to Alaska--
(1) for a 1-year period from the date the lessee gives the
Secretary of Transportation written notice of the commencement
of such exploration drilling if the Secretary determines, after
publishing notice in the Federal Register, that insufficient
vessels documented under section 12111(d) of title 46, United
States Code, are reasonably available and suitable for these
support operations and all such reasonably available and
suitable vessels are employed in support of such operations;
and
(2) for an additional period until such vessels are available
if the Secretary of Transportation determines--
(A) that, by April 30 of the year following the
commencement of exploration drilling, the lessee has
entered into a binding agreement to employ a suitable
vessel or vessels to be documented under section
12111(d) of title 46, United States Code, in sufficient
numbers and with sufficient suitability to replace any
foreign-flag vessel or vessels operating under this
section; and
(B) after publishing notice in the Federal Register,
that insufficient vessels documented under section
12111(d) of title 46, United States Code, are
reasonably available and suitable for these support
operations and all such reasonably available and
suitable vessels are employed in support of such
operations.
(b) Expiration.--Irrespective of the year in which the commitment
referred to in subsection (a)(2)(A) occurs, foreign-flag anchor
handling vessels may not be employed for the setting, relocation, or
recovery of anchors or other mooring equipment of a mobile offshore
drilling unit after December 31, 2017.
(c) Lessee Defined.--In this section, the term ``lessee'' means the
holder of a lease (as defined in section 1331(c) of title 43, United
States Code), who, prior to giving the written notice in subsection
(a)(1), has entered into a binding agreement to employ a suitable
vessel documented or to be documented under section 12111(d) of title
46, United States Code.
(d) Savings Provision.--Nothing in subsection (a) may be construed to
authorize the employment in the coastwise trade of a vessel that does
not meet the requirements of section 12112 of title 46, United States
Code.
SEC. 1311. VESSEL TRAFFIC RISK ASSESSMENT.
(a) Requirement.--The Commandant of the Coast Guard, acting through
the appropriate Area Committee established under section 311(j)(4) of
the Federal Water Pollution Control Act, shall prepare a vessel traffic
risk assessment for Cook Inlet, Alaska, within one year after the date
of enactment of this Act.
(b) Contents.--The assessment shall describe, for the region covered
by the assessment--
(1) the amount and character of present and estimated future
shipping traffic in the region; and
(2) the current and projected use and effectiveness in
reducing risk, of--
(A) traffic separation schemes and routing measures;
(B) long-range vessel tracking systems developed
under section 70115 of title 46, United States Code;
(C) towing, response, or escort tugs;
(D) vessel traffic services;
(E) emergency towing packages on vessels;
(F) increased spill response equipment including
equipment appropriate for severe weather and sea
conditions;
(G) the Automatic Identification System developed
under section 70114 of title 46, United States Code;
(H) particularly sensitive sea areas, areas to be
avoided, and other traffic exclusion zones;
(I) aids to navigation; and
(J) vessel response plans.
(c) Recommendations.--
(1) In general.--The assessment shall include any appropriate
recommendations to enhance the safety, or lessen potential
adverse environmental impacts, of marine shipping.
(2) Consultation.--Before making any recommendations under
paragraph (1) for a region, the Area Committee shall consult
with affected local, State, and Federal government agencies,
representatives of the fishing industry, Alaska Natives from
the region, the conservation community, and the merchant
shipping and oil transportation industries.
(d) Provision to Congress.--The Commandant shall provide a copy of
the assessment to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Commandant $1,000,000 for fiscal year 2010 to the
conduct the assessment.
SEC. 1312. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO
FACILITIES.
(a) Purposes.--The purposes of this section are--
(1) to authorize a project study to evaluate the feasibility
of consolidating and relocating Coast Guard facilities at Coast
Guard Sector Buffalo within the study area;
(2) to obtain a preliminary plan for the design, engineering,
and construction for the consolidation of Coast Guard
facilities at Sector Buffalo; and
(3) to distinguish what Federal lands, if any, shall be
identified as excess after the consolidation.
(b) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the Commandant
of the Coast Guard.
(2) Sector buffalo.--The term ``Sector Buffalo'' means Coast
Guard Sector Buffalo of the Ninth Coast Guard District.
(3) Study area.--The term ``study area'' means the area
consisting of approximately 31 acres of real property and any
improvements thereon that are commonly identified as Coast
Guard Sector Buffalo, located at 1 Fuhrmann Boulevard, Buffalo,
New York, and under the administrative control of the Coast
Guard.
(c) Study.--
(1) In general.--Within 12 months after the date on which
funds are first made available to carry out this section, the
Commandant shall conduct a project proposal report of the study
area and shall submit such report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) Requirements.--The project proposal report shall--
(A) evaluate the most cost-effective method for
providing shore facilities to meet the operational
requirements of Sector Buffalo;
(B) determine the feasibility of consolidating and
relocating shore facilities on a portion of the
existing site, while--
(i) meeting the operational requirements of
Sector Buffalo; and
(ii) allowing the expansion of operational
requirements of Sector Buffalo; and
(C) contain a preliminary plan for the design,
engineering, and construction of the proposed project,
including--
(i) the estimated cost of the design,
engineering, and construction of the proposed
project;
(ii) an anticipated timeline of the proposed
project; and
(iii) a description of what Federal lands, if
any, shall be considered excess to Coast Guard
needs.
(d) Limitation.--Nothing in this section shall affect the current
administration and management of the study area.
SEC. 1313. CONVEYANCE OF COAST GUARD VESSELS TO MISSISSIPPI.
(a) Authority To Convey.--Notwithstanding the Federal Property and
Administrative Services Act of 1949, the Commandant of the Coast Guard
may convey to each recipient described in subsection (b) (in this
section referred to as the ``Sheriff's Department''), without
consideration all right, title, and interest of the United States in
and to a Coast Guard trailerable boat, ranging from 17 feet to 30 feet
in size, that the Commandant determines--
(1) is appropriate for use by the Sheriff's Department; and
(2) is excess to the needs of the Coast Guard and the
Department of Homeland Security.
(b) Recipients.--The recipients referred to in subsection (a) are the
following:
(1) The Sheriff's Department of Coahoma County, Mississippi.
(2) The Sheriff's Department of Warren County, Mississippi.
(3) The Sheriff's Department of Washington County,
Mississippi.
(c) Condition.--As a condition of conveying a vessel under the
authority provided in subsection (a), the Commandant shall enter into
an agreement with the Sheriff's Department under which the Sheriff's
Department agrees--
(1) to utilize the vessel for homeland security and other
appropriate purposes as jointly agreed upon by the Commandant
and the Sheriff's Department before conveyance; and
(2) to take the vessel ``as is'' and to hold the United
States harmless for any claim arising with respect to that
vessel after conveyance of the vessel, including any claims
arising from the condition of the vessel and its equipment or
exposure to hazardous materials.
(d) Delivery of Vessel.--The Commandant shall deliver the vessel
conveyed under the authority provided in subsection (a)--
(1) at the place where the vessel is located on the date of
the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(e) Other Excess Equipment.--The Commandant may further convey any
excess equipment or parts from other Coast Guard vessels, which are
excess to the needs of the Coast Guard and the Department of Homeland
Security, to the Sheriff's Department for use to enhance the
operability of the vessel conveyed under the authority provided in
subsection (a).
(f) Additional Terms and Conditions.--The Commandant may require such
additional terms and conditions in connection with the conveyance
authorized by subsection (a) as the Commandant considers appropriate to
protect the interests of the United States.
SEC. 1314. COAST GUARD ASSETS FOR UNITED STATES VIRGIN ISLANDS.
(a) In General.--The Secretary of Homeland Security may station
additional Coast Guard assets in the United States Virgin Islands for
port security and other associated purposes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal year 2010 such sums as are
necessary to carry out this section.
SEC. 1315. OFFICER REQUIREMENTS FOR DISTANT WATER TUNA VESSELS.
Section 8103 of title 46, United States Code, is amended by adding at
the end the follow new subsection:
``(l) Officer Requirements for Distant Water Tuna Vessels.--
``(1) Citizenship.--Notwithstanding subsection (a), a purse
seine tuna fishing vessel documented under chapter 121 fishing
exclusively for highly migratory species under a fishing
license issued pursuant to the 1987 Treaty on Fisheries Between
the Governments of Certain Pacific Islands States and the
Government of the United States of America in the treaty area
(as that term is used in that treaty), or transiting to or from
the treaty area exclusively for such purpose, may engage an
individual who is not a citizen of the United States to fill a
vacancy in a position referred to in subsection (a) (except for
the master) if, after timely public notice of the vacancy, no
United States citizens are readily available to fill the
vacancy.
``(2) Restrictions.--
``(A) In general.--An individual may not be engaged
under paragraph (1) unless the individual holds a valid
license or certificate issued--
``(i) in accordance with the standards
established by the 1995 amendments to the
Convention on Standards of Training,
Certification and Watchkeeping for Seafarers,
1978 (STCW 95); and
``(ii) by an authority that the Secretary of
the department in which the Coast Guard is
operating recognizes as imposing competency and
training standards equivalent to or exceeding
those required for a issued under chapter 71.
``(B) Limitation on application.--Paragraph (1)
applies only to engagement of an individual on a vessel
that--
``(i) is homeported in American Samoa, Guam,
or the Northern Mariana Islands; and
``(ii) has passed an annual commercial
fishing vessel safety exam administered by a
individual authorized to enforce this title.
``(3) Treatment of equivalent license.--The Secretary of the
department in which the Coast Guard is operating shall treat a
license held by an individual engaged under paragraph (1) that
was issued by a foreign government as meeting the requirements
of section 8304 with respect to that engagement, if the
Secretary determines that the standards for issuing that
license are equivalent to the standards that apply under that
section.''.
SEC. 1316. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN
HIGH LATITUDE REGIONS.
Within 270 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives assessing the need for
additional Coast Guard prevention and response capability in the high
latitude regions. The assessment shall address needs for all Coast
Guard mission areas, including search and rescue, marine pollution
response and prevention, fisheries enforcement, and maritime commerce.
The Secretary shall include in the report--
(1) an assessment of the high latitude operating capabilities
of all current Coast Guard assets, including assets acquired
under the Deepwater program;
(2) an assessment of projected needs for Coast Guard forward
operating bases in the high latitude regions;
(3) an assessment of shore infrastructure, personnel,
logistics, communications, and resources requirements to
support Coast Guard forward operating bases in the high
latitude regions;
(4) an assessment of the need for high latitude icebreaking
capability and the capability of the current high latitude
icebreaking assets of the Coast Guard, including--
(A) whether the Coast Guard's high latitude
icebreaking fleet is meeting current mission
performance goals;
(B) whether the fleet is capable of meeting projected
mission performance goals; and
(C) an assessment of the material condition, safety,
and working conditions aboard high latitude icebreaking
assets, including the effect of those conditions on
mission performance;
(5) a detailed estimate of acquisition costs for each of the
assets (including shore infrastructure) necessary for
additional prevention and response capability in high latitude
regions for all Coast Guard mission areas, and an estimate of
operations and maintenance costs for such assets for the
initial 10-year period of operations; and
(6) detailed cost estimates (including operating and
maintenance for a period of 10 years) for high latitude
icebreaking capability to ensure current and projected future
mission performance goals are met, including estimates of the
costs to--
(A) renovate and modernize the Coast Guard's existing
high latitude icebreaking fleet; and
(B) replace the Coast Guard's existing high latitude
icebreaking fleet.
SEC. 1317. STUDY OF REGIONAL RESPONSE VESSEL AND SALVAGE CAPABILITY FOR
OLYMPIC PENINSULA COAST, WASHINGTON.
No later than 180 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
study through the National Academy of Sciences the need for regional
response vessel and salvage capability for the State of Washington
Olympic Peninsula coast. In conducting the study, the National Academy
of Sciences shall consult with Federal, State, and tribal officials and
other relevant stakeholders. The study shall--
(1) identify the capabilities, equipment, and facilities
necessary for a response vessel in the entry to the Strait of
Juan de Fuca at Neah Bay in order to optimize oil spill
protection on Washington's Olympic Peninsula coast and provide
rescue towing services, oil spill response, and salvage and
firefighting capabilities;
(2) analyze the multimission capabilities necessary for a
rescue vessel and the need for that vessel to utilize cached
salvage, oil spill response, and oil storage equipment while
responding to a spill or a vessel in distress, and make
recommendations as to the placement of such equipment;
(3) address scenarios that consider all vessel types and
weather conditions and compare current Neah Bay rescue vessel
capabilities, costs, and benefits with other United States
industry-funded response vessels, including those currently
operating in Alaska's Prince William Sound;
(4) determine whether the current level of protection
afforded by the Neah Bay response vessel and associated
response equipment is comparable to protection in other
locations where response vessels operate, including Prince
William Sound, Alaska, and if it is not comparable, make
recommendations regarding how capabilities, equipment, and
facilities should be modified to achieve optimum protection;
and
(5) consider pending firefighting and salvage regulations
developed pursuant to the Oil Pollution Act of 1990.
SEC. 1318. STUDY OF BRIDGES OVER NAVIGABLE WATERS.
The Secretary of Transportation shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
comprehensive study on the proposed construction or alteration of any
bridge, drawbridge, or causeway over navigable waters with a channel
depth of 25 feet or greater of the United States that may impede or
obstruct future navigation to or from port facilities.
SEC. 1319. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN SEAMEN.
Section 11108(b)(2)(B) of title 46, United States Code, is amended to
read as follows:
``(B) who performs regularly assigned duties while
engaged as a master, officer, or crewman on a vessel
operating on navigable waters in 2 or more States.''.
SEC. 1320. DECOMMISSIONED COAST GUARD VESSELS FOR BERMUDA.
(a) In General.--Notwithstanding any other law, upon the scheduled
decommissioning of any Coast Guard 41-foot patrol boat and after the
Government of Haiti has exercised all of their options under section
1309, the Commandant of the Coast Guard shall give the Government of
Bermuda a right-of-first-refusal for conveyance of that vessel to the
Government of Bermuda, if that Government of Bermuda agrees--
(1) to use the vessel for the Coast Guard of Bermuda;
(2) to make the vessel available to the United States
Government if needed for use by the Commandant in time of war
or national emergency;
(3) to hold the United States Government harmless for any
claims arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls, after conveyance of the
vessel, except for claims arising from the use by the United
States Government under paragraph (2); and
(4) to any other conditions the Commandant considers
appropriate.
(b) Limitation.--The Commandant may not convey more than 3 vessels to
the Government of Bermuda pursuant to this section.
(c) Maintenance and Delivery of Vessel.--
(1) Maintenance.--Before conveyance of a vessel under this
section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort
to maintain the integrity of the vessel and its equipment until
the time of delivery.
(2) Delivery.--If a conveyance is made under this section,
the Commandant shall deliver a vessel to a suitable mooring in
the local area in its present condition.
(3) Treatment of conveyance.--The conveyance of a vessel
under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of Public Law 94-469 (15
U.S.C. 2605(e)).
SEC. 1321. CONVEYANCE OF COAST GUARD VESSELS TO NASSAU COUNTY, NEW
YORK.
(a) Authority To Convey.--Notwithstanding the Federal Property and
Administrative Services Act of 1949, the Commandant of the Coast Guard
may convey to the Police Department of Nassau County, New York (in this
section referred to as the ``Police Department''), without
consideration all right, title, and interest of the United States in
and to two Coast Guard 41-foot patrol boats that the Commandant
determines--
(1) is appropriate for use by the Police Department; and
(2) is excess to the needs of the Coast Guard and the
Department of Homeland Security.
(b) Condition.--As a condition of conveying a vessel under the
authority provided in subsection (a), the Commandant shall enter into
an agreement with the Police Department under which the Police
Department agrees--
(1) to utilize the vessel for homeland security and other
appropriate purposes as jointly agreed upon by the Commandant
and the Police Department before conveyance; and
(2) to take the vessel ``as is'' and to hold the United
States harmless for any claim arising with respect to that
vessel after conveyance of the vessel, including any claims
arising from the condition of the vessel and its equipment or
exposure to hazardous materials.
(c) Delivery of Vessel.--The Commandant shall deliver a vessel
conveyed under the authority provided in subsection (a)--
(1) at the place where the vessel is located on the date of
the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(d) Other Excess Equipment.--The Commandant may further convey any
excess equipment or parts from other Coast Guard vessels, which are
excess to the needs of the Coast Guard and the Department of Homeland
Security, to the Police Department for use to enhance the operability
of a vessel conveyed under the authority provided in subsection (a).
(e) Additional Terms and Conditions.--The Commandant may require such
additional terms and conditions in connection with a conveyance
authorized by subsection (a) as the Commandant considers appropriate to
protect the interests of the United States.
SEC. 1322. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.
(a) Study.--The Administrator of the Environmental Protection Agency
shall conduct a study on the public health, safety, and environmental
concerns related to the underground petroleum spill on the Brooklyn
shoreline of Newtown Creek, New York City, New York, in Greenpoint,
Brooklyn, New York.
(b) Full-Site Characterization and Collection of New Field
Evidence.--In carrying out the study under this section, the
Administrator shall conduct a full-site characterization of the
underground petroleum spill, including the investigation, collection,
and analysis of new and updated data and field evidence on the extent
of the petroleum spill, including any portion of the spill that has
been diluted into surrounding waters, and any surrounding soil
contamination or soil vapor contamination.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Administrator shall submit a report containing the
results of the study to the Committee on Environment and Public Works
and the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
SEC. 1323. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY,
MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN.
(a) Conveyance Authorized.--(1) The Commandant of the Coast Guard may
convey as surplus property, under section 550 of title 40, United
States Code, and other relevant Federal laws governing the disposal of
Federal surplus property, to the City of Marquette, Michigan (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, together with
any improvements thereon, located in Marquette County, Michigan, that
is under the administrative control of the Coast Guard, consisting of
approximately 5.5 acres of real property, as depicted on the Van Neste
survey (#204072), dated September 7, 2006, together with the land
between the intermediate traverse line as shown on such survey and the
ordinary high water mark, the total comprising 9 acres, more or less,
and commonly identified as Coast Guard Station Marquette and Lighthouse
Point.
(2) Except as provided in paragraph (3), any cost associated with the
conveyance shall be borne by the City, including, but not limited to,
closing costs, attorney fees, and the cost of surveys, inspections,
title examinations, and deed preparation.
(3)(A) Except as provided in subparagraph (B), prior to the
conveyance of the property, the Coast Guard shall perform and bear the
cost of environmental remediation required under Federal law. Nothing
in this section shall be construed to compel the Coast Guard to
complete such remediation before 10 years from the date of enactment of
this section.
(B) The City may assume the Coast Guard's responsibility to perform
and bear the cost of the environmental remediation, provided that--
(i) the City provides written notice that it will assume
responsibility for the performance of such remediation and the
cost thereof; and
(ii) the City and the Coast Guard enter into a written
agreement thereon.
(b) Retention of Certain Easements.--In conveying the property under
subsection (a), the Commandant of the Coast Guard may retain such
easements over the property as the Commandant considers appropriate for
access to aids to navigation.
(c) Limitations.--The property to be conveyed under subsection (a)
may not be conveyed under that subsection until--
(1) the Coast Guard has relocated Coast Guard Station
Marquette to a newly constructed station;
(2) any environmental remediation required under Federal law
with respect to the property has been completed; and
(3) the Commandant of the Coast Guard determines that
retention of the property by the United States is not required
to carry out Coast Guard missions or functions.
(d) Conditions of Transfer.--All conditions placed within the deed of
title of the property to be conveyed under subsection (a) shall be
construed as covenants running with the land.
(e) Description of Property.--The exact acreage and legal description
of the property to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Commandant of the Coast Guard.
(f) Additional Terms and Conditions.--The Commandant of the Coast
Guard may require such additional terms and conditions in connection
with the conveyance authorized by subsection (a) as the Commandant
considers appropriate to protect the interests of the United States.
SEC. 1324. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF THE
RIO GRANDE RIVER, TEXAS, INTERNATIONAL WATER
BOUNDARY.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall prepare a mission requirement analysis for the navigable portions
of the Rio Grande River, Texas, international water boundary. The
analysis shall take into account the Coast Guard's involvement on the
Rio Grande River by assessing Coast Guard missions, assets, and
personnel assigned along the Rio Grande River. The analysis shall also
identify what would be needed for the Coast Guard to increase search
and rescue operations, migrant interdiction operations, and drug
interdiction operations.
SEC. 1325. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN, MICHIGAN.
(a) Conveyance Authorized.--Notwithstanding any other provision of
law, the Commandant of the Coast Guard is authorized to convey, at fair
market value, all right, title, and interest of the United States in
and to a parcel of real property, consisting of approximately 3 acres,
more or less, that is under the administrative control of the Coast
Guard and located at 900 S. Western Avenue in Cheboygan, Michigan.
(b) Right of First Refusal.--The Cornerstone Christian Academy,
located in Cheboygan, MI, shall have the right of first refusal to
purchase, at fair market value, all or a portion of the real property
described in subsection (a).
(c) Description of Property.--The exact acreage and legal description
of the property to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Commandant of the Coast Guard.
(d) Fair Market Value.--The fair market value of the property shall
be--
(1) determined by appraisal, in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice; and
(2) subject to the approval of the Commandant.
(e) Costs of Conveyance.--Any cost associated with the conveyance
shall be borne by the purchaser, including, but not limited to--
(1) closing costs, attorney fees, and the cost of surveys,
inspections, title examinations, and deed preparation; and
(2) environmental analyses, assessments, clearances, and, if
required under Federal law, environmental remediation.
(f) Environmental Remediation.--Before conveyance of the real
property described in paragraph (a), purchaser shall perform any
environmental remediation of the property that is required under
Federal law.
(g) Credit of Funds.--Notwithstanding any other provision of law, the
net proceeds of a conveyance, authorized under subsection (a), shall--
(1) be credited to the Coast Guard Environmental Compliance
and Restoration appropriations account current at the time
collection is made;
(2) be made available, subject to appropriation, for
environmental compliance and restoration purposes in
conjunction with any disposal of any property under the
administrative control of the Coast Guard; and
(3) remain available for such purposes until expended.
(h) Additional Terms and Conditions.--The Commandant of the Coast
Guard may require such additional terms and conditions in connection
with the conveyance under subsection (a) as is considered appropriate
to protect the interests of the United States.
Purpose of the Legislation
H.R. 3619, the ``Coast Guard Authorization of 2010'', as
amended, is the annual authorization for the U.S. Coast Guard.
Specifically, the bill authorizes fiscal year 2010
appropriations for the Service and authorizes the end-of-year
strength for military personnel; it also incorporates other
provisions addressing marine safety, Coast Guard management
structure, acquisition reform, workforce development, and
cruise vessel safety.
Background and Need for Legislation
Title I--Authorization
Title I of H.R. 3619 authorizes approximately $10 billion
in fiscal year 2010 for the Coast Guard ($280 million above the
President's budget), and increases the authorized end-strength
for military personnel by 1,500 members to 47,000 total
personnel.
Title II--Coast Guard
Title II of 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.
The Subcommittee on Coast Guard and Maritime Transportation
(Subcommittee) has held three hearings to examine diversity in
the Coast Guard. During the 110th Congress, the Subcommittee
convened on September 10, 2008, to examine ``Diversity in the
Coast Guard, including Recruitment, Promotion, and Retention of
Minority Personnel.'' On April 1, 2009, the Subcommittee held a
hearing entitled ``Civil Rights Services and Diversity
Initiatives in the Coast Guard'' to examine the findings of a
report on the Coast Guard's Equal Employment Opportunity (EEO)
and Equal Opportunity (EO) programs issued early in 2009, and
to continue its examination of the Coast Guard's diversity
initiatives. On June 19, 2009, the Subcommittee met to continue
its examination of the Coast Guard's EEO and EO programs, as
well as of the service's efforts to expand diversity,
particularly at the Coast Guard Academy.
Data provided by the Coast Guard show that approximately 15
percent of the incoming Class of 2013 was comprised of minority
students. The U.S. Naval Academy's Dean of Admissions, Stephen
Latta, testified before the Subcommittee during the June 19
hearing and stated that the Naval Academy's Class of 2013 was
the most diverse class in that institution's history, with 35
percent of the incoming class of midshipmen being minorities.
The Coast Guard has developed a strategic plan specifically
for the Coast Guard Academy that has as one of its goals to
``further diversify the Corps of Cadets, Faculty, Staff and
Curriculum'' at the Academy, including achieving a critical
mass of between 25 percent and 30 percent of under-represented
minority cadets at the Academy by 2015.
To ensure that Members of Congress can contribute to the
success of this effort, H.R. 3619 creates a process by which
Members of Congress may nominate individuals to attend the
Coast Guard Academy, similar to the process used at the other
service academies.
In addition, H.R. 3619 creates a number of new initiatives
to increase the recruitment of minority individuals into the
Coast Guard's officer corps, aviation corps, and civil service.
Specifically, H.R. 3619 creates an internship program at Coast
Guard headquarters and regional offices for college sophomores,
juniors and seniors. H.R. 3619 also requires the establishment
of cooperative technology programs at minority-serving
institutions, and the expansion to minority-serving
institutions of the College Student Pre-Commissioning
Initiative, through which students receive college scholarships
in return for a service commitment as an officer in the Coast
Guard.
Title III--Shipping and navigation
Title III of H.R. 3619 contains provisions that create a
civil penalty for the possession of controlled substances on
vessels. It also authorizes the Secretary of the department in
which the Coast Guard is operating to establish a limit of
liability under the Oil Pollution Act of 1990 for pollution
incidents in deepwater ports used only in connection with the
transportation of natural gas. Further, H.R. 3619 requires a
study on exhaust pollution released by cruise ships, and
requires a study on arctic marine transportation.
Title IV--Great Lakes icebreaker
Title IV of H.R. 3619 authorizes $153 million for the
design and construction of a new replacement icebreaker for the
Great Lakes.
Five of the Coast Guard's icebreakers on the Great Lakes
are nearing the end of their useful lives and two additional
buoy tenders that the Coast Guard uses to break ice cannot
handle heavy ice conditions. As a result, in the spring of
2008, U.S.-flag ships on the Lakes sustained $1.3 million in
damage to their hulls.
Manufacturing and power industries cannot stockpile their
inventories for the winter and the mines do not have the
capacity to produce extra materials during the summer to last
these industries through the winter. Therefore, they depend on
the icebreaking capacity of the Coast Guard to keep shipping
lanes open during these winter months just as snow plows keep
highways open for surface transportation.
The Coast Guard also uses icebreakers on the Great Lakes to
assist the U.S. Army Corps of Engineers in clearing ice from
rivers and harbors to prevent storm and flood damage from ice
that forms dams leading to flooding in local communities.
In 2006, the Coast Guard accepted delivery of the Coast
Guard icebreaker Mackinaw. This icebreaker has proven extremely
capable of breaking ice on the Lakes during the past two
winters. The Coast Guard could use this design to build a
sister ship that could set and maintain buoys during the
spring, summer, and fall, and then break ice to keep shipping
channels open for commercial vessels during the winter months.
Title V--Acquisition reform
Congress appropriates funds for Coast Guard capital
expenditures to the Coast Guard's Acquisition, Construction,
and Improvement (AC&I) account, which funds expenses related to
``acquisition, construction, renovation, and improvement of
aids to navigation, shore facilities, vessels, and aircraft,
including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and
equipment.''\1\
---------------------------------------------------------------------------
\1\Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (P.L. 110-329).
---------------------------------------------------------------------------
The largest single acquisition program funded through the
AC&I budget is the Deepwater acquisition program. According to
the most recent acquisition program baseline (APB) for the
Deepwater program--APB 1.1, adopted May 15, 2007--the Deepwater
acquisitions are projected to cost a total of $24 billion and
to require 25 years to complete.
The Deepwater acquisition program is the largest single
acquisition effort that the Coast Guard has ever undertaken and
is intended to upgrade or modernize nearly all of its air and
surface assets. The acquisition program was formulated by the
Coast Guard in the early 1990s. At that time, after assessing
its mission needs and measuring these against the obsolescence
of its existing technology, the service decided that rather
than simply buy single new assets to replace its existing
assets, it would pursue a system-of-systems acquisition
approach, through which it would acquire an integrated suite of
assets that together could provide the ``functional
capabilities'' required to fulfill its mission needs.
Given the complexity of the acquisition effort to be
undertaken, the Coast Guard decided that it would follow the
example of Department of Defense agencies by engaging a private
firm to serve as the lead systems integrator (LSI). The
Deepwater LSI was to exercise primary responsibility for
managing the development of the system-of-systems--including
selecting the individual assets to be included in the system
and managing their integration around a common operating
picture (real-time displays of operational views that could be
shared by all assets and stations). The Coast Guard also
decided it would manage the Deepwater acquisitions outside the
service's existing acquisition management structure--a decision
which ultimately served to limit the oversight the service was
prepared to exercise over the program in its early years.
In June 2002, the Integrated Coast Guard Systems (ICGS)
team, comprised of Lockheed Martin and Northrop Grumman, was
awarded a $17 billion, Indefinite Delivery/Indefinite Quantity
(IDIQ) contract to serve as the LSI and implement the Deepwater
acquisitions; this initial contract extended for five years and
included five additional five-year options.
The requirements for the Deepwater acquisitions that were
developed to inform the award of the initial IDIQ in June 2002
had been formulated prior to the terror attacks of September
11, 2001. In 2003, the Coast Guard was moved to the Department
of Homeland Security (DHS) and began to perform significant new
homeland security missions (such as port security) in addition
to its traditional missions (such as search and rescue). As the
asset needs that arose from its new homeland security missions
became clearer, the Coast Guard began to alter the overall
mission requirements that assets to be produced under the
Deepwater IDIQ were to be expected to meet; these alterations
were generally made after the IDIQ had already been awarded.
Almost from the signing of the Deepwater contract, the
Coast Guard encountered challenges in managing the LSI. These
challenges were enumerated in multiple reports issued by the
Government Accountability Office (GAO) and the DHS Office of
the Inspector General (DHS IG).
Several of the individual acquisition efforts undertaken in
the early years of Deepwater failed or proved too impractical
to pursue. Perhaps the most highly publicized failure was the
effort to lengthen the Coast Guard's existing 110-foot patrol
boats to 123 feet and install new, upgraded information
technology suites into the boats.
Other procurement efforts initiated in the early years of
the Deepwater contract, including the first effort to procure a
vertical unmanned aerial vehicle and the first effort to
develop a Fast Response Cutter (FRC), were never built after
failing to pass design or prototype testing. These failures
wasted well in excess of $100 million.
In April 2007, the Coast Guard announced a series of major
changes in its management of Deepwater--changes that would also
affect its management of all its acquisition efforts.
Specifically, the Commandant of the Coast Guard, Admiral Thad
W. Allen, announced that the service would:
Assume the role as LSI for all Deepwater
assets and other major acquisitions as appropriate;
Assume responsibility for life-cycle
logistics functions for Deepwater assets;
Expand the role of the American Bureau of
Shipping and other third-parties as appropriate to
ensure assets meet design and construction standards;
Work with the ICGS team to resolve
outstanding contract issues pertaining to the National
Security Cutter;
Consider procuring assets directly from
prime vendors when this was in the best interests of
the government; and,
Convene regular meetings between the
Commandant and the ICGS team to adjudicate and resolve
Deepwater contracting issues.
At the same time, the Coast Guard began reorganizing its
acquisition management processes.
The Coast Guard has issued a ``Blueprint for Acquisition
Reform'' to guide the implementation of the new policies and
procedures it is implementing to strengthen the management of
Coast Guard acquisition initiatives and to guide the
organization of the Acquisition Directorate. The first version
was issued on July 9, 2007; the document is to be updated in
July of each year. The ``Blueprint'' lays out the Coast Guard's
plans for organizational alignment and leadership, the
development of new policies and procedures, human capital
management and development, and information management and
stewardship.
The release of the Blueprint and the concomitant creation
of the Acquisition Directorate are intended to ensure the
standardization of acquisition procedures within the Coast
Guard. The Blueprint and Acquisition Directorate are also
intended to ensure that the service is equipped to control
procurement-related costs and that acquisition efforts adhere
to set schedules; further, they are intended to empower program
managers to effectively manage acquisition efforts. Previously,
program managers were at best ``partners'' to LSI personnel.
As of December 2008, the Coast Guard indicated that it had
assigned a Level III-certified program manager (Level III
certification is the highest certification available to a
program manager) to each of its 14 Level I acquisitions (under
DHS Acquisition Directive 102-01, acquisition efforts are
classed as Level I, II, or III depending on their total life-
cycle costs--with Level I acquisitions having life-cycle costs
at or above $1 billion). Seven of the Level III-certified
program managers assigned to Level I acquisitions were military
officers and five program managers were members of the civil
service (two program managers were each managing two separate
Level I acquisitions). As of February 2009, the Coast Guard had
27 military officers who had achieved a Level III program
manager certification, including three Admirals, 12 Captains,
11 Commanders, and four Lieutenant Commanders.
In 2008, the Coast Guard assigned the Admiral currently
serving as the Assistant Commandant for Acquisition (who is a
Level III-certified program manager) to be the commander of
District 13 (headquartered in Seattle); this assignment was
made as part of the Coast Guard's regular process for rotating
its personnel. The Program Executive Officer for the Deepwater
acquisition effort, also a Level-III certified program manager,
was assigned to be the Assistant Commandant for Acquisition. A
Captain recently selected for promotion to Rear Admiral who
lacked a Level III program manager certification at the time of
his selection was named to be the Program Executive Officer for
Deepwater. These assignments took effect in mid-2009.
The Coast Guard created a new Acquisition Directorate
(known as CG-9) on July 13, 2007. The Acquisition Directorate
re-integrates the Coast Guard's acquisition-related functions
into a single unit employing standard processes for managing
acquisition efforts. The Deepwater program is now managed
directly by the Acquisition Directorate; the Program Executive
Officer for the Deepwater acquisition effort, who
simultaneously serves as the Director of Acquisition Programs,
is located within the Directorate and reports to the Assistant
Commandant for Acquisition.
Currently, the Assistant Commandant for Acquisition reports
directly to the Chief of Staff, who reports to the Vice
Commandant, who then reports to the Commandant. On January 22,
2009, DHS requested that the Coast Guard nominate a Component
Acquisition Executive (CAE) for oversight of certain
acquisition programs. On March 2, the Coast Guard nominated the
Vice Commandant to be the CAE; this appointment was confirmed
by DHS on August 10, 2009.
While the Coast Guard has made significant improvements in
strengthening its acquisition workforce and implementing
policies and procedures that should enable it to more
effectively manage acquisition efforts, challenges remain. In a
June 2008 study on the Deepwater procurements, entitled ``Coast
Guard: Change in Course Improves Deepwater Management and
Oversight, but Outcome Still Uncertain'', the GAO found that
the changes in the Deepwater management processes and the
creation of the Acquisition Directorate have ``increased
accountability'' because ``Coast Guard project managers and
technical experts now hold the greater balance of management
responsibility and accountability for program outcomes.''\2\
Nonetheless, the GAO found that the Coast Guard still ``faces
challenges in building a capable government workforce to manage
this large acquisition.''\3\
---------------------------------------------------------------------------
\2\GAO, Coast Guard: Change in Course Improves Deepwater Management
and Oversight, but Outcome Still Uncertain 3 (June 2008).
\3\Id.
---------------------------------------------------------------------------
In the report, the GAO indicates that as the Coast Guard
assumes responsibility for individual assets, there are some
system-level aspects of the program that the service is ``not
fully positioned to manage.''\4\ Additionally, the GAO noted
that the Coast Guard confronts an on-going shortage of civilian
acquisition staff members (which is a problem throughout the
Federal Government), the service lacks an acquisition career
path for military personnel, and it continues to rely on
contractors for specific types of technical and programmatic
expertise.
---------------------------------------------------------------------------
\4\Id. at 4.
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In the 110th Congress, the Subcommittee held three hearings
on the Coast Guard's Deepwater acquisition program. On January
30, 2007, the Subcommittee met to receive a status update on
the Deepwater acquisitions. On March 8, 2007, the Subcommittee
met to consider the Bush administration's fiscal year 2008
budget request for the U.S. Coast Guard, and also received
testimony from the Coast Guard, the DHS IG, and the GAO on the
Deepwater acquisition program. On June 12, 2007, the
Subcommittee met to receive an initial update from the Coast
Guard Commandant on the service's implementation of the changes
the Commandant had announced to the management of the Deepwater
contract.
On April 18, 2007, the Committee on Transportation and
Infrastructure convened a hearing to review the results of an
investigation of the Deepwater program conducted by Committee
investigative staff. This investigation closely examined the
multiple factors that contributed to the failure of the effort
to lengthen the 110-foot patrol boats to 123 feet, including
limited oversight exercised by Coast Guard acquisition
management officials, rigid adherence to schedule, and
contractor self-certification.
In the 111th Congress, on March 23, 2009, Subcommittee
Chairman Elijah E. Cummings introduced H.R. 1665, the ``Coast
Guard Acquisition Reform Act of 2009'', which is incorporated
into Title V. On March 24, 2009, the Subcommittee held a
hearing to review the changes the Service had implemented in
its acquisition management processes since 2007, and to examine
H.R. 1665.
Title V responds directly to the issues that the Committee
on Transportation and Infrastructure and the Subcommittee have
examined in five hearings conducted during the 110th and 111th
Congresses. It also requires the implementation of acquisition-
related policies and procedures and personnel standards that
will build on the acquisition reform efforts the service has
already undertaken.
Title VI--Maritime workforce development
Title VI of H.R. 3619 amends title 46, United States Code,
to direct the Secretary of Transportation to establish a
maritime career recruitment, training, and loan program.
According to statistics released by the Maritime
Administration in 2007, 95 percent of U.S. foreign trade is
moved by ship--and foreign trade has comprised an increasing
share of our national Gross Domestic Product (GDP) in recent
years. Thus, while foreign trade (including all imports and
exports) comprised 13 percent of GDP in 1990, it comprised
nearly 22 percent of national GDP in 2006 and is projected to
potentially comprise as much as 35 percent of national GDP by
2020. In 2007, the Maritime Administration reported that the
U.S. marine transportation system ``supports 13 million
jobs.''\5\
---------------------------------------------------------------------------
\5\Maritime Administration, The Maritime Administration and the
U.S. Marine Transportation System: a Vision for the 21st Century, 5
(November 2007).
---------------------------------------------------------------------------
While the ongoing global economic downturn has had an
impact on world and U.S. shipping volumes, these declines are
expected to be temporary and volumes are expected to rebound
after economic growth resumes. Additionally, the newly expanded
Panama Canal will open in 2014 allowing significantly larger
vessels to call on East Coast ports, provided that port
infrastructure is upgraded to accommodate such vessels.
When the U.S. water transportation sector resumes its
growth, the industry may face a labor shortage--particularly in
on-the-water jobs--that could leave the United States without
the labor the nation needs to meet the demands that renewed
growth in the maritime industry will create. In October 2007,
the Coast Guard indicated at a hearing convened by the
Subcommittee to examine trends in the maritime workforce that
there were more than 130,000 unlicensed mariners with merchant
mariner documents and more than 212,500 licensed mariners in
the United States. The average age of a merchant mariner with a
Master's license was 51, and the average age of a Chief
Engineer was 50. At that time, more than 28 percent of inland
pilots and captains were over the age of 55 and would be
eligible to retire in the next five years.
Additionally, the 1995 Amendments to the Convention on the
Standards of Training, Certification, and Watchkeeping have
imposed significant new standards for training and continuing
education on mariners around the world, including in the United
States. The 1995 Amendments entered into force on February 1,
1997, and all mariners were required to comply with the 1995
Amendments by February 1, 2003. U.S. mariners are subject to
the 1995 Amendments if they sail beyond the U.S. boundary line
(the boundary line separates the bays, harbors, and other
inland waters from the ocean) on commercial vessels, even if
the vessel is not on a voyage to a foreign country. Mariners
are exempt from the requirements if they sail on vessels less
than 200 gross tons on domestic voyages that begin and end in a
U.S. port.
The 1995 Amendments were adopted to improve safety in the
maritime industry by ensuring that mariners are adequately
trained for the positions they fill and, thus, that human
factors will be reduced as the cause of maritime accidents.
However, these requirements have also had the effect of
imposing expensive and time-consuming training requirements on
mariners, particularly on those who are looking to upgrade a
document or license to move up the career ladder. In essence,
the 1995 Amendments created unfunded training and certification
mandates for unlicensed mariners who had traditionally
progressed to licensed officer positions through on-the-job
training. The new standards raised the bar for new workers
seeking to advance in a maritime career, and have caused a
significant number of older workers to retire early.
The costs of obtaining a Master's or Mate's license can be
as much $26,000, with specialized training and certifications,
due to the training requirements mandated by the 1995
Amendments. Employers in the maritime industry have
traditionally provided little or no funding to help employees
cover the costs of training, and there is growing concern
within the maritime industry that the cost and complexity of
meeting 1995 Amendment requirements for license renewals and/or
upgrades is reducing the pool of potential seafarers.
Importantly, maritime training programs are unique, and are
unlike typical two- or four-year educational programs. Maritime
training programs courses can be multi-week or multi-month
programs and mariners take such classes on a frequent basis to
obtain certification in a specific new qualification. Due to
the short course length and the frequency of enrollment in new
courses, the costs of these programs are not easily served by
existing student loan programs.
In the 110th Congress, the Subcommittee held a hearing to
consider trends in the maritime workforce on October 17, 2007.
The Subcommittee received testimony on trends and innovations
in mariner education and assessed how growing workforce
shortages will affect the maritime industry and U.S. trade. The
hearing also considered the possible impact of various factors
on workforce shortages, including wage levels; lifestyle
challenges associated with employment in the maritime industry;
and training requirements imposed by the Standards of Training,
Certification, and Watchkeeping Convention.
Title VII--Coast Guard modernization
Title VII of H.R. 3619 implements a reorganization of the
Coast Guard's senior leadership as proposed by the Coast
Guard's Commandant, Admiral Thad W. Allen. It also requires the
Coast Guard to modernize its management of its marine safety
program and to establish marine safety as a core mission with
rigorous qualifications for marine safety personnel.
Specifically, H.R. 3619 elevates the Vice Commandant to a
full four-star Admiral, eliminates the Atlantic and Pacific
Area Commands, and establishes four, three-star Admiral
positions to lead the operational and policy divisions of the
Coast Guard. The four positions created include: Deputy
Commandant for Mission Support; Deputy Commandant for
Operations and Policy; Commander, Force Readiness Command; and
Commander, Operations Command.
The Coast Guard has argued that reorganization of the
senior leadership will create a modernized command structure
that will support the service's ongoing efforts to create and
implement uniform policies and procedures at all levels.
H.R. 3619 also establishes marine safety as a core mission
of the Coast Guard. Further, it establishes qualifications for
the Assistant Commandant for Marine Safety, and sets minimum
qualifications for marine safety staff. In addition, the bill
authorizes the creation of Centers of Expertise for marine
inspection and investigation, as well as a marine industry
training program, which will facilitate industry training
through an exchange of Coast Guard and industry personnel. H.R.
3619 requires the development of a long-term strategy for
improving vessel safety, the establishment of measurable goals,
and the submission of a progress assessment and report to
Congress. The bill also ensures that those handling waivers and
appeals of marine safety issues are qualified marine safety
staff.
Since the transfer of the U.S. Coast Guard to DHS, the
Coast Guard has focused a great deal of its effort and
resources on maritime security. Unfortunately, other important
core missions, particularly its marine safety responsibilities,
have not received the attention or resources needed to ensure
the safety of the public. The Coast Guard acknowledged the
shortcomings in a report by former Vice Admiral Card entitled
``Marine Safety Analysis: An Independent Assessment and
Suggestions for Improvement'', and the service subsequently
published the ``Marine Safety Performance Plan'' in November
2008 that outlines steps that the Coast Guard intends to take
to improve the marine safety program.
The problems with the Marine Safety Mission have also been
examined in a number of hearings held by the Subcommittee,
including a hearing convened on April 10, 2008, entitled
``Cosco Busan and Marine Casualty Investigation Program.''
During that hearing, the Subcommittee met to receive a report
from the DHS IG, entitled ``Allision of the M/V Cosco Busan
with the San Francisco-Oakland Bay Bridge.'' This report was
completed pursuant to a December 4, 2007 request of Speaker of
the House Nancy Pelosi and Subcommittee Chairman Elijah E.
Cummings.
The DHS IG was very critical of the Coast Guard's
investigation of this marine casualty. The DHS IG found that
five of the six individuals assigned to marine casualty
investigator billets were not qualified for those positions;
all three of the individuals who responded to the Cosco Busan
were not qualified as marine casualty investigators. Likely as
a result of inadequate training and experience, and the use of
inadequate manuals, the investigators who responded to the
Cosco Busan failed to identify, collect, and secure perishable
evidence related to this casualty. Additionally, the Coast
Guard incorrectly classified the investigation of the Cosco
Busan casualty as an informal investigation rather than a
formal investigation.
On May 20, 2008, the Subcommittee met to receive a report
from the DHS IG, entitled ``United States Coast Guard's
Management of the Marine Casualty Investigation Program''.\6\
The Subcommittee also received testimony from the National
Transportation Safety Board (NTSB) and the Coast Guard
regarding which agency should exercise primacy in the conduct
of marine casualty investigations.
---------------------------------------------------------------------------
\6\DHS IG, United States Coast Guard's Management of the Marine
Casualty Investigation Program (May 2008).
---------------------------------------------------------------------------
The DHS IG testified that its examination of the Coast
Guard's marine safety program had found that there were
significant deficiencies in the operations of the program.
Specifically, the IG stated that the Coast Guard's marine
casualty investigation program is ``hindered by unqualified
personnel'', by ``investigations conducted at inappropriate
levels'', and by ``ineffective management of a substantial
backlog of investigations needing review and closure.''
It is the expectation of the Committee that the measures
set forth in Title VII and Title VIII will establish a firm
foundation for a robust marine safety program staff by Coast
Guard officers and members along with civilians who have the
expertise to carry out the program and the continuity of
service that provides the public with safe transportation on
the water.
Title VIII--Marine safety
Title VIII of H.R. 3619 contains a variety of provisions
intended to strengthen the Coast Guard's implementation of its
marine safety functions. These provisions will ensure that the
Coast Guard maintains a marine safety program that prevents
casualties from occurring, minimizes the effect of the
casualty, and maximizes lives saved, if a vessel must be
abandoned.
On April 25, 2007, the Subcommittee met to examine the
safety of U.S. commercial fishing vessels and the extent to
which the provisions of the Commercial Fishing Industry Vessel
Safety Act of 1988 (P.L. 100-424) have led to improved safety
in the industry.
Commercial fishing is the most hazardous occupation in the
United States according to the Department of Labor's Bureau of
Labor Statistics, which has found that the rate of death among
commercial fishermen is 118 per 100,000 workers. A study
published by the Coast Guard in 2006 found that between 1994
and 2004, even as commercial fishing levels declined, 1,398
commercial fishing vessels were lost, resulting in 641 deaths.
One of the reasons for such a high casualty rate is because
fishing vessels, unlike other commercial vessels, are not
required to be built to standards specified by the Coast Guard,
crewmembers are generally not required to be licensed or
documented by the Coast Guard or to complete specific
professional training courses, and compliance with existing
regulations regarding life-saving equipment required to be
carried on board a commercial fishing vessel and the conduct of
required safety drills is not universal. This hearing examined
whether safety standards applying to other commercial vessels
operating in hazardous waters should be applied to commercial
fishing vessels.
H.R. 3619 establishes equipment standards for all
commercial fishing, fish tender, and fish processing vessels
operating beyond three nautical miles of the coast, and
clarifies equipment requirements for these vessels. The bill
also authorizes the Secretary of Homeland Security to require
vessel owners or managing operators of commercial vessels to
maintain employment records of seamen for a period of not less
than five years after the completion of employment, and to make
the records available to the individual or the Coast Guard upon
request.
H.R. 3619 also gives the Coast Guard new authority to
terminate, for ``unsafe operation'', all vessels subject to
title 46, and authorizes the Coast Guard to establish standards
for required marine safety equipment based on performance, best
available technology, and operational practicality.
Title IX--Cruise vessel safety
Title IX of H.R. 3619 contains a number of provisions that
will enhance the safety and security of passengers on board
cruise vessels.
As on land, crimes do occur on cruise vessels. Statistics
suggest that the rate of reported incidents on board cruise
vessels is low; however, prosecutions for reported incidents
are also very rare. Additionally, except for U.S.-flagged
vessels or foreign-flagged vessels operating in an area subject
to the direct jurisdiction of the United States, there are no
Federal statutes or regulations that explicitly require cruise
lines to report alleged crimes to U.S. government officials.
American citizens who travel on cruise ships are subject to
the laws of the vessel's flag state, which may not afford to
them the same rights and protections in the event of a crime
that would be afforded under U.S. law.
The Subcommittee held two hearings in 2007 to examine the
extent of crimes on cruise ships as well as the effectiveness
of current measures in preventing crimes on cruise ships and in
ensuring the prosecution of individuals who commit crimes
against Americans on cruises. Many of the individuals that
testified before the Subcommittee had been the victims or the
families of victims of crimes aboard cruise ships. They
recounted practices, procedures, and responses that did not
support the effective investigation or prosecution of their
cases or, in some instances, did not even ensure that they
received sensitive and supportive care in moments of great
vulnerability and need.
Cruise ships with foreign registries are required by law to
report alleged crimes occurring on board their vessels to U.S.
authorities when they occur within U.S. territorial waters (see
33 C.F.R. Sec. 120.220). Under current regulations, cruise
ships have not been required to report crimes to U.S.
authorities that occur outside U.S. territorial waters under
any circumstances (and even if U.S. nationals are involved).
However, title 18, United States Code, identifies specific
crimes over which the United States may assert criminal
jurisdiction under what is known as the Special Maritime and
Territorial Jurisdiction. Such jurisdiction applies if:
the ship on which the crime occurs--even if
is not registered in the United States--is owned in
whole or in part by U.S. entities and the ship is in
the admiralty and maritime jurisdiction of the United
States and out of the jurisdiction of any particular
state;
the alleged offense is committed by or
against a U.S. national and is committed outside the
jurisdiction of any nation;
the crime occurs in U.S. territorial waters,
regardless of the registration of the vessel or the
nationality of the victim or perpetrator; or,
the victim or perpetrator is a U.S. national
on board a vessel during a voyage that departed from or
will arrive in a U.S. port.
If committed under any of the circumstances described
above, the crimes over which the United States may assert
jurisdiction include arson, assault, maiming, embezzlement or
theft, receipt of stolen property, murder, manslaughter,
attempt to commit murder or manslaughter, kidnapping, malicious
mischief, robbery and burglary, stowaway, aggravated sexual
abuse, sexual abuse, abusive contact of a minor or ward,
abusive sexual contact, terrorism, and transportation for
illegal sexual activity.
H.R. 3619 requires that, beginning 18 months after the date
of enactment of the Act, each vessel to which the section
applies must comply with specific design and construction
standards. The vessels must have rails located not less than 42
inches above the cabin deck, and must have passenger staterooms
and crew cabins equipped with peep holes or other means of
visual identification. To the extent that technology is
available, the vessels must integrate technology that can
detect when passengers have fallen overboard. The vessel must
also be equipped with operable acoustic hailing or warning
devices to provide communication capability around the entire
vessel when it is operating in high risk waters, as defined by
the Coast Guard. Beginning on the date of enactment of the Act,
any vessel the keel of which is laid after the date of
enactment of the Act must equip passenger staterooms and cabins
with security latches and time-sensitive key technologies.
To help combat crimes aboard cruise vessels, H.R. 3619 also
requires that the owner of a vessel maintain a video
surveillance system to assist in documenting crimes on the
vessel and to provide evidence for the prosecution of such
crimes. In addition, the bill requires owners of vessels to
employ physicians meeting certain professional qualifications
and to maintain on the vessel adequate, in-date supplies of
anti-retroviral medications and other medications designed to
prevent the transmission of sexually transmitted diseases after
a sexual assault, as well as equipment and materials for
performing medical examinations in sexual assault cases. H.R.
3619 also requires the owner of a vessel to record in a log
book, either electronically or otherwise, reports on specified
complaints.
In addition, the bill requires the owner of a vessel or the
owner's designee to contact the nearest Federal Bureau of
Investigation (FBI) Field Office of Legal Attach by telephone
as soon as possible after the occurrence on board the vessel of
an incident involving homicide, suspicious death, a missing
U.S. national, kidnapping, assault with serious bodily injury,
any offense to which 18 U.S.C. Sec. Sec. 2241, 2242, 2243, or
2244(a), or (c) applies, firing or tampering with the vessel or
theft of money or property in excess of $10,000 to report the
incident.
These reporting requirements apply to an incident involving
criminal activity if:
the vessel, regardless of registry, is
owned, in whole or in part, by a U.S. person,
regardless of the nationality of the victim or
perpetrator and the incident occurs when the vessel is
within the admiralty and maritime jurisdiction of the
United States and outside the jurisdiction of any
State;
the incident concerns an offense by or
against a U.S. national committed outside the
jurisdiction of any nation;
the incident occurs in the Territorial Sea
of the United States, regardless of the nationality of
the vessel, the victim, or the perpetrator; or
the incident concerns a victim or
perpetrator who is a U.S. national on a vessel that
departed from or will arrive at a U.S. port.
The Secretary of Transportation is required to maintain a
statistical compilation of certain incidents on an Internet
site that provides a numerical accounting of the missing
persons and alleged crimes recorded in each report that are no
longer under investigation. The data shall be updated no less
frequently than quarterly and aggregated by cruise line (and
each cruise line shall be identified by name), and by whether
the crime was committed by a passenger or a crew member. Each
cruise line taking on or discharging passengers in the United
States shall include a link on its Internet website to the
website maintained by the Secretary of Transportation.
Title X--United States mariner protection
Title X of H.R. 3619 amends title 46 to guarantee to U.S.
mariners the traditional use of self defense to enable them to
protect themselves and their vessels against piracy.
On February 4, 2009, the Subcommittee held a hearing to
receive testimony regarding international piracy. The purpose
of this hearing was to gather information on the causes and
extent of piracy and to understand its effect on international
shipping. As of that date, no U.S.-flagged vessels had been
attacked or seized by pirates. However, the expansion of
international piracy--particularly in the Horn of Africa
region--threatened to raise the costs of transporting goods
through that highly traveled region at a time of significant
distress in the world economy. On May 20, 2009, the
Subcommittee held a follow-up hearing to receive testimony
regarding recent acts of piracy against U.S.-flagged vessels
and the lessons to be learned from these attacks.
In July 2009, the International Maritime Bureau Piracy
Reporting Centre reported the number of worldwide piracy
attacks doubled to 240 attacks in the first six months of 2009
compared to 114 for the entire year of 2008. Piracy activity
off in the Gulf of Aden contributed significantly to this
upward trend. Worldwide, 78 vessels were boarded, 75 vessels
were fired upon, and 31 vessels were hijacked. Approximately
561 crewmembers were taken hostage, 19 were injured, seven were
kidnapped, six were killed, and eight are missing. The report
also stated that in the majority of the incidents the attackers
were heavily armed and that violence against the crewmembers
continues to rise.
On April 8, 2009, the U.S.-flagged container ship MV Maersk
Alabama was attacked and seized by pirates approximately 250
nautical miles southeast of the Somalia coastline. The vessel,
manned by 20 U.S. crewmembers, was carrying U.S. government
food aid to the Kenyan port of Mombasa when it was attacked.
The ship's captain was subsequently taken hostage by the
pirates. Special Forces sharpshooters stationed on the USS
Bainbridge killed the captain's captors, thus securing his
release.
On April 14, 2009, the U.S.-flagged vessel, MV Liberty Sun,
with 20 U.S. crewmembers, was attacked by pirates approximately
285 miles southeast of the Somali capital of Mogadishu as it
was on its way to deliver U.S. government food aid to
destinations along the east coast of Africa. The vessel had
unloaded part of its food aid cargo in Port Sudan and was en
route to Mombasa, Kenya, at the time of the attack. Pirates
fired on the vessel with rocket propelled grenades and AK-47s.
The crewmembers successfully thwarted the attack, and the
Liberty Sun continued on its voyage to Kenya.
H.R. 3619 provides that if an owner, operator, master,
mariner, or time charterer uses or authorizes the use of force
to defend a U.S.-flagged vessel against an act of piracy, that
individual will not be liable for the injury or death caused by
that use of force to any person that participated in the act of
piracy. In addition, H.R. 3619 provides that the Secretary of
the department in which the Coast Guard is operating shall work
through the International Maritime Organization to establish
agreements with flag and port States that will promote a
coordinated action to protect against, deter, and rapidly
respond to acts of piracy against the vessels of those States
and in the waters under the jurisdictions.
Title XI--Port security
Title XI of H.R. 3619 makes a number of improvements to
port security, including requiring the Secretary of Homeland
Security to provide a report about its pilot program to test
access control technologies of TWIC at port facilities and
vessels in the United States, 120 days after the program is
completed. Title XI also requires the Commandant of the Coast
Guard to conduct a program for mobile biometric identification
in the maritime environment for suspected individuals,
including terrorists, to enhance border security. Title XI
further requires the Secretary of Homeland Security to submit a
report analyzing the threat, vulnerability, and consequences of
a terrorist attack on gasoline and chemical cargo shipments in
port activity areas in the United States.
On April 23, 2007, the Subcommittee conducted a field
hearing in Baltimore, Maryland, to examine the safety and
security of Liquefied Natural Gas (LNG) terminals and their
impact on port operations. This hearing also examined the
proposed AES Sparrows Point LNG terminal at Sparrows Point in
the Port of Baltimore.
The authority to approve or deny the proposed siting of an
on-shore LNG terminal rests with the Federal Energy Regulatory
Commission (FERC); however, the Coast Guard assists FERC in
evaluating proposed sitings by issuing a waterway suitability
report, which assesses the potential impact of a proposed
terminal on maritime operations in the vicinity of the proposed
terminal as well as the security needs and security impacts of
proposed terminals. The Coast Guard also imposes security zones
and specific security requirements around the tanker ships that
service LNG terminals.
Testimony presented at this hearing indicated that at the
Cove Point LNG facility in Calvert County, Maryland, the Coast
Guard had turned some responsibilities for providing waterside
security around the terminal and tankers over to the terminal
operator, which had, in turn, contracted with the local
sheriff's department for security services. The Coast Guard
indicated this was done to ease the demands placed by LNG
operations on the Coast Guard's limited resources.
On May 7, 2007, the Subcommittee convened a field hearing
in Farmingville, New York, to continue its examination of the
safety and security of LNG terminals and their impact on port
operations. The hearing also examined the proposed Broadwater
floating LNG terminal in Long Island Sound.
In its Waterway Suitability Report for the proposed
Broadwater terminal, the Coast Guard indicated that based on
its current levels of mission activity, Sector Long Island
alone did not currently have adequate resources to implement
the measures it considered necessary to manage the risks to
navigation safety and maritime security associated with the
proposed terminal; however, the Report noted that some of the
required resources could be provided by adequately qualified
State and local authorities. The Chief of Ports and Facilities
Activities of the Coast Guard testified that given the costs
associated with conducting waterway assessments for each of the
approximately 40 proposed terminal projects going through some
stage of the regulatory process as well as the Coast Guard's
challenges in identifying resources to provide security around
proposed terminals it would make sense from the Coast Guard's
perspective for the United States to have a national LNG
terminal siting policy, which takes into account the energy
needs of the country and the Coast Guard's ability to provide
appropriate security.
Responding to these findings, H.R. 3619 requires the Coast
Guard to enforce the security zones imposed around tankers
containing especially hazardous materials. The bill allows
State and local law enforcement to be engaged in providing
waterside security for such terminals through contractual or
other legal agreements, but requires that if these entities are
engaged in security activities, they must have the training,
resources, personnel, equipment, and experience necessary to
deter a transportation security incident.
To ensure that the Coast Guard can adequately carry out its
homeland security responsibilities, H.R. 3619 also authorizes
the Coast Guard additional maritime security response teams and
canine detection teams to assist in detecting explosives and
interdicting drugs.
H.R, 3619 requires DHS to provide a report on the
development of the Interagency Operational Centers for Port
Security required by section 108 of the SAFE Port Act (P.L.
109-347). These Centers are anticipated to combine
representatives from the Coast Guard and other federal law
enforcement entities--including the FBI and Customs and Border
Patrol--as well as State and local law enforcement entities to
increase maritime domain awareness and facilitate the sharing
of intelligence.
The Subcommittee has heard from a number of mariners, and
from the organizations that provide support services to
mariners, that individuals or vessels may be charged hundreds
of dollars just to be escorted through a port facility when
they board or depart a vessel. H.R. 3619 addresses this growing
problem by requiring each facility security plan approved under
46 U.S.C. 70103(c), to provide a system for seamen, pilots,
ministers, and labor organizations to pass through secure
facilities to board and depart vessels in a timely manner and
at no cost to the individual.
Title XII--Alien smuggling
H.R. 3619, as amended, finds that alien smuggling by land,
air, and sea is a global crime that violates the integrity of
the United States borders, compromises our Nation's sovereignty
and places the country at risk of terrorist activity. H.R. 3619
incorporates the text of H.R. 1029, the ``Alien Smuggling and
Terrorism Prevention Act of 2009'', which passed the House by a
voice vote on March 31, 2009. The bill ensures that the United
States takes a comprehensive approach to combating smuggling
both on land and at sea by authorizing punishment for persons
who bring, recruit, encourage, transport or harbor an alien
knowing or in reckless disregard of the fact that the
individual is without the authority to come to, enter or reside
in the United States.
Title XIII--Miscellaneous provisions
Title XIII of H.R. 3619 includes provisions that authorize
a variety of conveyances. H.R. 3619 also requires an assessment
of the needs associated with the Coast Guard's presence in high
latitudes, including icebreaking needs. Finally, H.R. 3619
places a cap on seaman's penalty wages.
Summary of the Legislation
Section 1. Short title
Section 1 states that the legislation may be cited as the
``Coast Guard Authorization Act of 2010''.
TITLE I--AUTHORIZATION
Title I authorizes funding levels and end-of-year military
strength levels and military training student loads for fiscal
year 2010.
Sec. 101. Authorization of appropriations
Subsection (1) authorizes approximately $10 billion in
funding for the necessary expenses of the Coast Guard in fiscal
year 2010. Of this amount, $6.8 billion is for the Coast
Guard's Operating Expenses Account. This section requires the
Coast Guard to provide $1.1 billion for search and rescue
programs; $802 million for marine safety programs; and $2.27
billion for paying for ports, waterways and coastal security.
Subsection (2) authorizes $1.6 billion for the Coast
Guard's ACI account including approximately $1.2 billion for
the Integrated Deepwater Systems program for the acquisition
and construction of new vessels, aircraft, facilities, and
support systems. This section also authorizes $45 million for
shore facilities and aids-to-navigation.
Subsection (3) authorizes $29.7 million for the Coast
Guard's program to research and develop technologies, measures,
and procedures to enhance the Coast Guard's capabilities to
carry out the Service's many missions. The Committee strongly
believes that this funding should remain under the Coast
Guard's direct control and that no portion of this funding
should be transferred to any other entity within DHS. The Coast
Guard's unique character as a military service with a wide
scope of regulatory functions requires that this funding be
available to support missions including: defense readiness;
search and rescue; marine environmental protection; providing
aids-to-navigation; fishing safety research; and protecting
America's maritime homeland security.
Subsection (4) authorizes $1.36 billion for retired pay, a
mandatory expenditure.
Subsection (5) authorizes $16 million for the Federal share
of costs associated with alteration or removal of bridges that
have been identified by the Coast Guard as obstructions to
navigation.
Subsection (6) authorizes $13 million for environmental
compliance and restoration at Coast Guard facilities.
Subsection (7) authorizes $133.6 million for the Coast
Guard Reserve program.
Sec. 102. Authorized levels of military strength and training
Section 102 authorizes a Coast Guard end-of-year strength
of 47,000 active duty military personnel for fiscal year 2010.
TITLE II--COAST GUARD
Title II amends title 14, United States Code, and
authorizes activities and functions of the Coast Guard.
Sec. 201. Appointment of civilian Coast Guard judges
Section 201 authorizes the Coast Guard to appoint civilian
judges to the Coast Guard Appellate Court, which hears appeals
from courts-martial, as vacancies occur. Civilian judges were
previously permitted to be appointed to this court by the
Secretary of Transportation, and this provision provides the
Secretary of the department in which the Coast Guard is
operating with the same statutory authority.
Sec. 202. Industrial activities
Section 202 authorizes Coast Guard industrial activities
facilities, such as the Coast Guard Yard in Baltimore,
Maryland, and the Aircraft Repair and Supply Center in
Elizabeth City, North Carolina, to enter into reimbursable
agreements to perform work for agencies in the Department of
Defense.
Sec. 203. Reimbursement for certain medical-related travel expenses
Section 203 authorizes reimbursement of travel-related
expenses to Coast Guard personnel and covered beneficiaries
under 10 U.S.C. Sec. 1072(5) who are stationed on an island in
the 48 contiguous States when a family member is referred to a
specialty care provider off-island that is less than 100 miles
from the location where the beneficiary resides. Currently,
there is only authorization for such a reimbursement when the
specialty care provider is located more than 100 miles from the
beneficiary's residence. Coast Guard families stationed on
islands do not have the option of driving off-island and, as a
result, often have to pay expensive flight or ferry costs.
Sec. 204. Commissioned officers
Section 204 will make permanent the temporary increase in
the Coast Guard's allowable number of officers from 6,200 to
6,700, as authorized for fiscal years 2004 through 2006. This
increase was previously granted as a result of the Service's
increased homeland security role following the events of
September 11, 2001.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home
(AFRH) system
Section 205 authorizes Coast Guard veterans to have the
same access to the AFRH system as retirees from the other
military services.
Sec. 206. Grants to international maritime organizations
Section 206 amends 14 U.S.C. Sec. 149 to authorize the
Coast Guard to provide funds to international maritime
authorities and organizations that collect and maintain
international databases. In exchange, the Coast Guard would
have access to information on foreign vessels and ports
regarding their global safety and security compliance history.
This additional information will allow the Coast Guard to make
more accurate threat assessments.
Sec. 207. Emergency leave retention authority
Section 207 provides that Coast Guard personnel who work in
support of a declaration of a major disaster or emergency by
the President may retain up to a total of 90 days of accrued
leave. Currently, personnel can only retain up to 60 days of
accrued leave at the end of the fiscal year.
Sec. 208. Enforcement Authority
Section 208 makes a technical correction to transfer from
title 46 to title 14, United States Code, a provision regarding
the Coast Guard's law enforcement authorities at onshore
facilities.
Sec. 209. Repeal
Section 209 repeals 14 U.S.C. Sec. 216, which pertains to
the ranking of warrant officers; this provision is obsolete.
Sec. 210. Merchant Mariner Medical Advisory Committee
Section 210 authorizes the Secretary of the department in
which the Coast Guard is operating to appoint a Merchant
Mariner Medical Advisory Committee to advise the Secretary
regarding issues relating to the medical certification of
merchant mariners, including physical qualifications for
operators of commercial vessels. Ten members of the 14 member
committee shall be health care professionals with expertise
regarding the medical examination of merchant mariners or
occupational medicine, and four shall be professional mariners
with experience in mariner occupational requirements.
Sec. 211. Reserve commissioned warrant officer to lieutenant program
Section 211 authorizes the President to promote a
commissioned Coast Guard warrant officer in regular and reserve
service to the grade of lieutenant on a temporary basis in
accordance with the needs of the Service.
Sec. 212. Enhanced status quo officer promotion system
Section 212 provides the Coast Guard with the authority to
retain and promote officers that have specialized skills to
meet the needs of the Coast Guard. The current Coast Guard
promotion system provides the Coast Guard with generalists, and
does not readily allow for officer specialties. The 2002-2003
Officer Corps Management System study found that there is an
increasing need in the officer corps for specialists. The
Committee recommends that the Coast Guard use this authority to
significantly increase the number of individuals with
specialized experience and knowledge in Coast Guard mission
areas.
Sec. 213. Laser training system
Section 213 requires the Coast Guard to test an integrated
laser system for training Coast Guard personnel on the use of
automatic weapons and M-16 rifles on small Coast Guard vessels
on the Great Lakes. The Secretary of the department in which
the Coast Guard is operating is also required to submit a
report to Congress on the costs and benefits of using a laser
training system for Coast Guard personnel both on the Great
Lakes and nationally.
Sec. 214. Coast Guard vessels and aircraft
Section 214 expands 14 U.S.C. Sec. 637(c), to include,
within the definition of an authorized vessel or aircraft, any
other vessel or aircraft on government noncommercial service
when the vessel or aircraft is under the tactical control of
the Coast Guard, and at least one member of the Coast Guard is
on the vessel or aircraft conducting a Coast Guard mission.
Sec. 215. Coast Guard District ombudsmen
Section 215 requires the appointment of a Coast Guard
District Ombudsman in each Coast Guard district. Those
individuals appointed as District Ombudsmen must have
experience in port and transportation systems, and maritime
commerce. The purpose of the District Ombudsmen will be to
resolve disputes between the Coast Guard and ports, labor,
shipowners, and terminal operators regarding requirements
imposed or services provided by the Coast Guard. The District
Ombudsmen shall develop guidelines regarding the types of
disputes with respect to which the ombudsman can provide
assistance; priority shall be given to 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. The District Ombudsman is empowered to consult
with Coast Guard personnel, and review any document that will
aid an investigation. Complaints are to be addressed within
four months of being submitted to the District Ombudsman.
Sec. 216. Coast Guard commissioned officers: compulsory retirement
Section 216 requires any regular commissioned officer,
except a commissioned warrant officer, who serves in a grade
below rear admiral (lower half) to be retired on the first day
of the following month when the officer becomes 62 years of
age.
This section requires regular commissioned officers with
the grade of rear admiral (lower half) and above to be retired
on the first day of the following month when the officer
becomes 64 years of age.
Notwithstanding this requirement, section 216 allows for
the retirement of an officer under paragraph (1) to be
deferred: by the President, if the date does not extend past
the first day of the following month when the officer becomes
68 years of age; or by the Secretary of the department in which
the Coast Guard is operating if the deferment does not extend
past the first day of the following month when the officer
becomes 66 years of age.
Sec. 217. Enforcement of coastwise trade laws
Section 217 authorizes Coast Guard officers and members to
enforce coastwise trade laws (the ``Jones Act''), particularly
with regard to vessels that support the exploration,
development, and production of oil, gas and mineral resources
in the Gulf of Mexico.
Sec. 218. Academy nominations
Section 218 amends 14 U.S.C. Sec. 182(a) to establish a
Congressional nominations process for the Coast Guard Academy.
This section also requires the Secretary of the department in
which the Coast Guard is operating to establish a minority
recruiting program at the Coast Guard Academy for prospective
candidates.
Sec. 219. Report on sexual assaults in the Coast Guard
Section 219 requires the Commandant of the Coast Guard
(Commandant) to submit an annual report to the House Committee
on Transportation and Infrastructure and the Senate Committee
on Commerce, Science and Transportation on sexual assaults
involving members of the Coast Guard.
Sec. 220. Home port of Coast Guard vessels in Guam
Section 220 amends 14 U.S.C. Sec. 96 to extend requirements
that vessels home-ported in any state of the United States be
repaired in U.S. shipyards to such vessels home-ported in Guam.
This section also includes Guam as a geographic location where
Coast Guard vessels can be overhauled, repaired, or maintained
in a shipyard.
Sec. 221. Minority serving institutions
Section 221 requires the Coast Guard to establish a
management internship program at Coast Guard headquarters or
regional offices for students from Minority Serving
Institutions (MSI), and authorizes the appropriation of $2
million to support the program.
This section requires the Commandant to create a component
of the College Student Pre-Commissioning Program, through which
students receive a scholarship for part of their college
expenses in return for a service commitment as an officer in
the Coast Guard, at MSIs. Section 221 requires the
establishment of an MSI Aviation Officer Corps Initiative to
increase the diversity of the Coast Guard's Aviation Officer
Corps; $3 million is authorized to carry out this section.
Section 221 also requires the Commandant to establish a
Coast Guard Laboratory of Excellence-MSI Cooperative Technology
Program at three MSIs, and authorizes the heads of the
laboratories established under this section to establish
partnerships with the private sector, including small and
disadvantaged businesses. H.R. 3619 authorizes $2.5 million to
carry out this program.
In addition, section 221 defines the term ``minority
serving institution'' as a historically Black college or
university, a Hispanic-serving institution, a Tribal College or
University, a Predominantly Black institution, or a Native
American-serving non-tribal institution.
TITLE III--SHIPPING AND NAVIGATION
Title III amends statutes relating to shipping and
navigation in U.S. waters.
Sec. 301. Goods and Services
Section 301 clarifies that non-Federal sales taxes on goods
and services may be levied upon, or collected from, vessels
when the vessel is operating on any navigable water subject to
the authority of the United States.
Sec. 302. Seaward extension of anchorage grounds jurisdiction
Section 302 extends the Coast Guard's authority to
establish anchorage grounds for vessels from three nautical
miles to 12 nautical miles, and also increases the civil
penalty fines imposed for a violation of rules concerning the
anchorage grounds from $100 to up to $10,000, with each day of
a continuing violation constituting a separate violation. The
amount of the penalty was last adjusted in 1915.
Sec. 303. Maritime Drug Law Enforcement Act amendment--simple
possession
Section 303 establishes a civil penalty offense for simple
possession of a controlled substance on a vessel subject to the
jurisdiction of the United States. The civil penalty shall be
up to $10,000 for each violation.
Sec. 304. Technical amendments to tonnage measurement law
Section 304 makes technical amendments to laws regarding
the tonnage measurement of vessels.
Sec. 305. Adjustment of liability limits for natural gas deepwater
ports
Section 305 authorizes the Secretary to establish a limit
of liability of not less than $12 million for LNG deepwater
ports.
Sec. 306. Period limitations for claims against oil spill liability
trust fund
Section 306 reduces the period that claims for removal
costs can be filed against the Oil Spill Liability Trust Fund
from six years to three years.
Sec. 307. Merchant mariner document standards
Section 308 requires the Secretary of the department in
which the Coast Guard is operating to report, not later than
270 days after the date of enactment, to the appropriate
committees of the House and Senate regarding: a plan for
processing TWIC by mail; the feasibility of redesigning
merchant mariner documents to comply with 46 U.S.C. Sec. 70105,
including a biometric identifier, and all relevant
international conventions, including International Labor
Organization Convention 185 concerning seafarer identity; and
whether such a consolidated document would eliminate the need
for separate credentials, background screening, and application
processes that are associated with multiple documents.
Sec. 308. Report on Coast Guard determinations
Section 308 requires the Secretary of Homeland Security to
provide a report on: the loss of shipyard jobs and industrial
base expertise resulting from rebuild, conversion, and double-
hull work on U.S.-flag Jones Act vessels that has been
performed in foreign shipyards; the enforcement of Coast
Guard's rebuilding determination regulations; and
recommendations for improving the transparency in the Coast
Guard's foreign rebuild determination process.
Sec. 309. Ship emission reduction technology demonstration project
Section 309 requires the Commandant to study and report on
the methods and best practices for reducing exhaust emissions
from cargo and passenger ships that operate in U.S. waters, and
identify Federal, State and local laws, regulations or other
requirements that affect the ability of any entity to
effectively demonstrate onboard technology for reduction of
contaminated exhaust emissions.
Sec. 310. Phaseout of vessels supporting oil and gas development
Section 310 authorizes foreign flag vessels to be chartered
for a limited period to set, relocate, or recover anchors or
other mooring equipment of a mobile offshore drilling unit that
is located over the outer Continental Shelf for operations to
support the 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.
Sec. 311. Arctic marine shipping assessment implementation
Section 311 requires the Secretary of the department in
which the Coast Guard is operating to work through the
International Maritime Organization to establish agreements to
promote coordinated action between the United States, Russia,
Canada, Iceland, Norway, and Denmark and other seafaring and
Arctic nations to ensure, in the Arctic: that aids-to-
navigation are placed and maintained; there are appropriate
icebreaking escort, tug, and salvage capabilities and oil spill
prevention and response capability; maritime domain awareness
is maintained, including long-range vessel tracking; and search
and rescue capability is available.
Section 311 authorizes $5 million for each of fiscal years
2011 through 2015 for seasonal operations in the Arctic; $10
million for each of fiscal years 2012 through 2015 to carry out
cooperative agreements, contracts, or other agreements with, or
make grants to, individuals and governments; and $5 million for
each of fiscal years 2011 through 2015 to conduct demonstration
projects to reduce emissions or discharges from vessels
operating in the Arctic.
Section 311 also requires the Commandant to conduct a
comparative cost-benefit analysis of rebuilding, renovating, or
improving the existing fleet of icebreakers or constructing new
icebreakers for operation by the Coast Guard. The cost-benefit
analysis should also include the Coast Guard's ability to
maintain a presence in the Arctic regions through 2020 if
constructing new or improving the existing ice breakers is not
fully funded.
The Commandant is also to submit a report containing the
results of the High Latitude Study assessing Arctic ice-
breaking mission requirements 90 days after the date of
enactment of this Act or the date on which the study is
completed, whichever occurs later.
The term ``Arctic'' is to have the same meaning as in
section 112 of the Arctic Research and Policy Act of 1984 (15
U.S.C. Sec. 4111).
Sec. 312. Supplemental positioning system
Section 312 requires the Secretary of the department in
which the Coast Guard is operating to establish enhanced LORAN
(eLORAN) as the supplemental navigation system for the United
States. The Secretary must also submit a plan and timeline for
modernizing the remaining LORAN-C stations, and a cost estimate
for modernizing LORAN-C infrastructure to meet eLORAN
specifications. The section prohibits the Secretary from
terminating or decommissioning the LORAN-C program until 30
days after the Secretary certifies that the eLORAN system is
operational to the House Committee on Transportation and
Infrastructure and the Senate Committee on Commerce, Science
and Transportation.
Sec. 313. Dual escort vessels for double hulled tankers in Prince
William Sound, Alaska
Section 313 amends section 4116(c) of the Oil Pollution Act
of 1990 (46 U.S.C. Sec. 3703 note; P.L. 101-380) to require
double-hulled tankers to be escorted by at least two towing
vessels or other vessels considered to be appropriate by the
Secretary of the department in which the Coast Guard is
operating. The amendment will take effect 90 days after the
date of enactment of this Act. The Committee believes that the
protections established under the Oil Pollution Control Act for
Prince William Sound should be extended to double-hulled
tankers.
TITLE IV--GREAT LAKES ICEBREAKER
Sec. 401. Short title
Section 401 states that the title may be cited as the
``Great Lakes Icebreaker Replacement Act''.
Sec. 402. Findings
Section 402 finds that five of the Coast Guard's Great
Lakes icebreaking assets are nearing the end of their useful
lives, and two other buoy tenders have experienced difficulty
in heavy ice conditions. The section also notes that U.S.-
flagged vessels operating on the Great Lakes during the spring
of 2008 suffered more than $1.3 million in hull damages because
the Coast Guard could not adequately respond to heavy icing
conditions that occurred that year. This section also finds
that during the 2006-2007 ice season on the Great Lakes,
shipments of iron ore, coal and limestone exceeded 20 million
tons; the transportation of iron ore supported 100,000 jobs at
steel mills and 300,000 jobs at supplier industries; and 6.4
million tons of coal kept the Great Lakes region supplied with
electricity.
Sec. 403. Authorization for appropriations
Section 403 authorizes $153 million for the design and
construction of a new replacement icebreaker for the Great
Lakes.
TITLE V--ACQUISITION REFORM
Sec. 501. Short title
Section 501 states that the title may be cited as the ``Coast Guard
Acquisition Reform Act of 2009''.
Sec. 502. Definitions
Section 502 defines the following terms: appropriate
congressional committees; commandant; Level 1 acquisition;
Level 2 acquisition; and life-cycle costs.
Sec. 511. Procurement structure
Section 511 prohibits the use of an LSI beginning 180 days
after the date of enactment of the Act. This section allows the
Coast Guard to continue to use an LSI after the date that is
180 days after the date of enactment of the Act for the
completion of National Security Cutters 2 and 3, and the
National Distress and Response System Modernization Program
(known as Rescue 21), which are on-going acquisitions. The
Coast Guard is also permitted to use a LSI after the date that
is 180 days after the date of enactment of the Act for certain
other on-going acquisition efforts.
However, all exemptions for the use of a lead systems
integrator except for National Security Cutters 2 and 3 and the
Rescue 21 program expire on September 30, 2011; after that
date, no private sector LSI can be used. The prohibition on the
use of a private sector LSI could take effect earlier if the
Commandant certifies to the appropriate congressional
committees that the Coast Guard has available the personnel and
expertise within the service or through the use of contracts
with private sector entities or agreements with other Federal
agencies to enable it to perform the lead systems integration
function itself.
This section also requires full and open competition for
contracts issued by the Coast Guard and any lead systems
integrator employed by the Coast Guard.
Sec. 521. Operational requirements
Section 521 requires the Coast Guard to establish specific
operational requirements for a new acquisition before awarding
a production contract for the acquisition. The Coast Guard must
also enable a full assessment of the trade-offs among
performance, cost, and schedule to be made.
Sec. 522. Required contract terms
Section 522 requires the Commandant to put certain terms in
all contracts for acquisitions with costs equal to or exceeding
$10 million. Under this provision, all certifications regarding
contractor performance shall be made by the Coast Guard or an
independent third-party; self-certification of compliance with
performance requirements is not allowed. In addition, all
contracts must designate the Coast Guard as the final technical
authority for all requirements and shall measure the
performance of contractors and subcontractors on the status of
actual work performed, including the extent to which the work
met cost and schedule requirements. TEMPEST\7\ standards for an
asset shall be those in use by the Navy for the type of asset
for which the TEMPEST test is required. Moreover, for contracts
for an Offshore Patrol Cutter (a large cutter--but slightly
smaller than the National Security Cutters), the contracts
shall specify the service life, hull fatigue life, and days
underway under specific sea conditions the ship will be built
to meet.
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\7\TEMPEST (not an acronym--it is a formerly classified DOD code
word from the 1950s) is the short name referring to investigation,
study, and control of compromising emanations from telecommunications
and Automated Information Systems requipment. TEMPEST testing is
comprised of visual and instrumented inspections to ensure compliance
with emission security requirements.
---------------------------------------------------------------------------
Sec. 523. Life-cycle cost estimates
Section 523 requires the Coast Guard to develop life-cycle
cost estimates for projects that are expected to equal or
exceed $10 million and to have an expected service life of 10
years.
The section also requires the Coast Guard to develop
independent life-cycle cost estimates for acquisitions that
have total acquisition costs exceeding $100 million, or total
life-cycle costs exceeding $300 million. These life-cycle costs
estimates must be updated as the acquisition prepares to cross
each acquisition milestone.
Sec. 524. Test and evaluation
Section 524 requires the Coast Guard to develop and approve
a formal Test and Evaluation Master Plan (TEMP), which will
guide all developmental and operational testing on acquisitions
with total acquisition costs exceeding $100 million, or total
life-cycle costs exceeding $300 million.
As part of the TEMP, the service is required to identify
and resolve any safety concerns with new assets. A safety
concern is defined as any hazard that is likely to cause
serious bodily injury or death to a Coast Guard member or that
could cause major damage to the asset. If such problems are
found before a contract for the production of an asset is
issued, they must be resolved before a contract is issued or,
if a contract for any level of production is issued before they
are resolved, the safety concerns must be reported to Congress
along with an explanation of why the service is proceeding with
a contract for any level of production of the asset before the
issue is resolved, together with an explanation of how it will
be resolved. If a safety concern is found in an asset already
in some level of production, the service shall communicate the
concern to Congress and explain how it will be resolved.
Sec. 525. Capability standards
Section 525 imposes requirements on specific asset types.
First, the section requires that all new vessels, other than
the National Security Cutter (which is already under
construction), be classified by the American Bureau of
Shipping. In addition, it requires that TEMPEST testing be
performed by an authorized independent third party. Before a
contract is signed to resolve the hull fatigue issues with
National Security Cutters 1 and 2, the Coast Guard must provide
to Congress a description of the measures that will be
performed and conduct a cost-benefit analysis of the measures.
It also requires that aircraft be assessed by a third party for
airworthiness.
Sec. 526. Acquisition program reports
Section 526 requires the Coast Guard to report to Congress
on any acquisition with total acquisition costs exceeding $100
million, or total life-cycle costs exceeding $300 million. The
report must contain: key performance parameters the asset will
be built to achieve; systems with which the asset will be
interoperable; anticipated unit cost for the asset; and a
detailed schedule for the asset's acquisition process showing
when the asset will be completed and when it will be fully
deployed.
Sec. 527. Undefinitized contractual actions
Section 527 prohibits the Coast Guard from entering into an
undefinitized contractual action unless it is approved by the
Head of Contracting Activity of the Coast Guard. Undefinitized
contractual actions are procurements for which the contractual
terms, specifications, or price are not agreed upon before the
performance of the contract is begun.
If an undefinitized contractual action is approved, this
section sets specific conditions on such actions, including how
much money can be paid to a contractor before the contract is
definitized. Exceptions are provided for contracting actions
relating to contingency operations, operations in response to
emergency situations, and operations in response to disasters
designated by the President under the Stafford Act.
Sec. 528. Guidance on excess pass-through charges
Section 528 requires the Commandant to issue guidance to
ensure that excessive pass-through charges are not paid by the
Coast Guard to an LSI for work performed by subcontractors.
Excessive pass-through charges are defined as charges to the
Government by a contractor or subcontractor that are overhead
or profit on work performed by a lower-tier subcontractor,
other than reasonable charges for the direct costs of managing
the lower-tier subcontractors.
Sec. 529. Acquisition of major capabilities: alternatives analysis
Section 529 requires that, before the Coast Guard acquires
an asset that is experimental or technically immature, or that
has total acquisition costs exceeding $100 million or total
life-cycle costs exceeding $300 million, the service must
commission, from a third-party, an alternatives analysis of the
asset to be acquired.
The section specifies what the alternatives analysis must
cover, including: an assessment of the technical maturity of
the asset; whether different quantities or combinations of
assets could meet the service's mission needs; the safety
record of the asset; and the full life-cycle costs of the
asset.
Sec. 530. Cost overruns and delays
Section 530 specifies that for any acquisition with total
acquisition costs exceeding $100 million, or total life-cycle
costs exceeding $300 million, the Coast Guard must report to
Congress when a cost overrun of greater than 10 percent is
likely to occur, a delay of more than 180 days is likely to
occur, or a failure for a new asset or class of assets is
anticipated. The report must include a description of the cause
of the reportable event, and a plan for fixing the issue.
If an acquisition with total acquisition costs exceeding
$100 million, or total life-cycle costs exceeding $300 million,
is likely to experience a cost breach of more than 20 percent
or a delay of more than 12 months, the Coast Guard must certify
that: the asset is essential to the service; there are no
alternatives to the asset; new cost or schedule estimates are
reasonable; and the management structure for the asset is
adequate.
Sec. 531. Report on former Coast Guard officials employed by
contractors to the agency
This section requires GAO to report annually on those Flag-
level officers and Members of the Senior Executive Service who
have left the Coast Guard within the past five years, and are
now receiving compensation for employment with a Coast Guard
contractor.
A Coast Guard contractor is defined as any person receiving
at least $10 million in contractor awards from the Coast Guard.
Sec. 532. Department of Defense consultation
Section 532 requires the Commandant to make arrangements,
as appropriate, for assistance in contracting and acquisition
programming with the Secretary of Defense.
Sec. 541. Chief Acquisition Officer
Section 541 establishes the Chief Acquisition Officer
position within the Coast Guard. The section requires that the
person appointed to the position be either a Rear Admiral or a
civilian member of the Senior Executive Service. It requires
that the person appointed to the position have a program
manager Level III certification and 10 years of acquisition
experience, of which at least four shall have been spent
managing a program with total acquisition costs exceeding $100
million, or total life-cycle costs exceeding $300 million.
Further, this section requires that all Flag-level officers
serving in the Acquisition Directorate meet these same
standards. The section lists those types of positions (such as
program executive officer, program manager, and deputy program
manger) that constitute qualifying experience. These
requirements become effective beginning October 1, 2011 (which
is the same date as when the use of an LSI is fully
prohibited).
This section also requires that design and related
acquisition issues elevated to the Chief Acquisition Officer
for resolution be reported to Congress within 45 days of the
elevation.
Sec. 542. Improvements in Coast Guard acquisition management
Section 542 makes a number of changes in the Coast Guard's
management of its acquisition personnel and policies,
including:
It requires that anyone assigned to be the program manager
of a program with total acquisition costs exceeding $100
million or total life-cycle costs exceeding $300 million be a
Level III certified program manager. In addition, the
Commandant must maintain all technical authorities for projects
with total acquisition costs exceeding $100 million or total
life-cycle costs exceeding $300 million. It requires the
Commandant to designate a sufficient number of positions in the
acquisition workforce and ensure that individuals assigned to
these positions have the expertise to carry them out. It also
requires the Coast Guard to report annually on the adequacy of
its acquisition workforce to meet anticipated acquisition
workloads in the coming year. Further, this section states that
no preference for military personnel shall be shown in
appointments to the acquisition workforce, and this section
requires the Commandant to ensure that appropriate career paths
are available for military and civilian personnel in the
acquisition workforce. The section requires the Coast Guard to
take into account the need to maintain a balanced workforce in
the acquisition field, so that women and members of racial and
ethnic minorities are appropriately represented. Finally, this
section requires the Coast Guard to issue guidance for major
systems acquisition programs on the qualifications,
responsibilities, tenure, and accountability of program
managers, and to develop a comprehensive strategy to enhance
the role of program managers.
Sec. 543. Recognition of Coast Guard personnel for excellence in the
acquisition
Section 543 requires the Commandant to implement a program
to recognize excellent performance by individuals and teams
that have contributed to the long-term success of a Coast Guard
acquisition effort.
Sec. 544. Coast Guard acquisition workforce expedited hiring authority
Section 544 allows the Commandant to designate acquisition
positions as ``shortage category positions'' and to use the
authorities in 5 U.S.C. Sec. Sec. 3304, 5333, and 5753 to
recruit and appoint highly qualified people directly to these
positions. This provision sunsets on September 30, 2012.
TITLE VI--MARITIME WORKFORCE DEVELOPMENT
Sec. 601. Short title
Section 601 states that the title may be cited as the
``Maritime Workforce Development Act''.
Sec. 602. Maritime education loan program
Subsections (a) through (d) amend title 46 by adding a new
section 51705, which establishes a program that would make
loans available to eligible students to fund their training in
the maritime industry. The Secretary of Transportation is
required to carry out the program established by this section,
acting through the Administrator of the Maritime
Administration. The Secretary is also directed to develop an
application process and allocate loans based on a student's
needs.
Subsection (e) authorizes the Secretary of Transportation
to designate Federal, State, commercial training institutions,
and nonprofit training organizations as institutions eligible
to participate in the maritime loan program; however,
undergraduate students at the U.S. Merchant Marine Academy are
not eligible for loans. In designating eligible institutions,
the Secretary of Transportation is required to consider
geographic diversity and the scope of classes offered by
institutions and to ensure that eligible institutions have the
ability to administer the loan program and meet all
requirements to provide Coast Guard approved-training. The
Secretary may also exclude maritime training institutions from
participating in the loan program if they had severe
performance deficiencies, including deficiencies demonstrated
by audits or program reviews conducted within the five previous
years. In addition, those maritime training institutions with
delinquent or outstanding debts to the United States are
excluded from participation in the loan program. Further, the
Secretary may exclude those institutions that have failed to
comply with quality standards established by the Department of
Labor, the Coast Guard or a State, and those institutions that
fail to meet other criteria established by the Secretary to
protect the financial interest of the United States.
Subsection (f) allows the Secretary of Transportation to
obligate up to 50 percent of funds appropriated during a fiscal
year to the loan program to provide loans to undergraduate
students at State maritime academies. Students receiving loans
must maintain a cumulative C or equivalent average or academic
standing consistent with the graduation requirements of the
academy they are attending.
Subsection (g) limits loans to an individual student to
$15,000 per calendar year, or $60,000 in the aggregate. This
subsection further specifies that loans may only be used at
designated training institutions for postsecondary expenses
including books, tuition, required fees, travel to and from the
institution, and room and board.
Subsection (h) establishes eligibility requirements for
students seeking a loan under the program. To be eligible for a
loan, students must be able to hold a license or merchant
mariner document issued by the Coast Guard; meet the enrollment
criteria of a designated maritime training institution; and
sign an agreement requiring the student to complete his/her
course of study and subsequently maintain a license or document
and serve as an officer or unlicensed mariner in the merchant
marine on a documented vessel or vessel owned and operated by
the United States for at least 18 months of sea service,
including service on ocean-going vessels, on the inland and
coastal waterways, on the Great Lakes, or in a maritime
industry position requiring a license or document--following
the date of graduation. Students must also provide such
information as the Secretary may require from the student.
Subsection (i) requires that loans be evidenced by a
written agreement between the student borrower and the
Secretary of Transportation. This written agreement must
provide for the repayment of the loan principal and any
origination fees in equal installments payable quarterly,
bimonthly, or monthly at the student's option over a period
beginning nine months from the date on which the student
completes or discontinues the course of study for which the
student received the loan; repayments shall be completed within
10 years. The written agreement must also provide for
acceleration of repayment at the option of the student; provide
the loan without security; provide that the liability to repay
the loan shall be cancelled upon the death of the student
borrower; contain a notice of the system through which
information about default on the loan shall be provided to
credit bureaus; and include provisions for the deferral of
repayment as determined by the Secretary.
This subsection also details the rates of interest that
will be assessed on loans (these rates will vary depending on
when the first disbursement of funds is made) and written
disclosures that must be made to a loan recipient.
This subsection authorizes the Secretary of Transportation
to require any student borrower in default on a loan to pay
reasonable collection costs, and to repay the loan pursuant to
an income contingent repayment plan. The Secretary is also
authorized to prescribe regulations reducing interest rates or
origination fees as appropriate to encourage on-time loan
repayment; such reductions may be offered only if they are cost
neutral, and in the best financial interest of the United
States.
This subsection requires the Secretary to exercise due
diligence in collecting loan repayments, including garnishing a
loan recipient's wages if necessary. The subsection authorizes
the Secretary to enter into a contract or other arrangement
with a State or nonprofit agency and, on a competitive basis,
with collection agencies to ensure the servicing and collection
of loans.
Subsection (j) requires the Secretary to establish a
revolving loan fund that shall consist of loan and interest
repayments received from borrowers and other monies paid by, or
on the behalf of, individuals under the loan program. The funds
available in the revolving loan fund are to be available
without further appropriation to cover the administrative costs
of the loan program, and to make loans under the program.
Subsection (k) requires the Secretary to submit an annual
report that details the number of students who received loans
in the previous year, the total amount of loans dispersed in
the previous year, and the total amount of loans that are in
default.
Subsection (l) authorizes the appropriation of $10 million
in each of fiscal years 2010 through 2015 to pay for loans
under the loan program, and of $1 million to cover the
administrative expenses of this program.
Section 602 also adds section 51706, Maritime recruitment,
training, and retention grant program, to title 46.
Subsection (a) requires that not later than one year after
the date of enactment of this Act, and at least once every
three years thereafter, the Maritime Administration shall
publish a plan that describes the demonstration, research, and
multistate project priorities of the Department of
Transportation concerning merchant mariner recruitment,
training, and retention for the three-year period following the
date of the publication of the plan. The plan shall contain
strategies and identify potential projects to address merchant
mariner recruitment, training, and retention issues in the
United States.
In developing this plan, the Secretary of Transportation
shall consult with representatives of the maritime industry,
labor organizations, other governmental entities and parties
with an interest in the maritime industry. The plan shall
consider, among other things, the results of existing research
on these topics as well as the benefits of economies of scale
and the efficiency of potential projects.
Subsection (b) authorizes the Secretary to award grants to
a maritime training institution to support demonstration
projects that will implement the priorities identified in the
Maritime Administration's plan on mariner recruitment,
training, and retention. The Secretary shall establish
guidelines and requirements to govern the award of grants on a
competitive basis.
Maritime training institutions wishing to apply for grants
under this program must submit a grant proposal that includes,
at a minimum, information demonstrating the estimated
effectiveness of the proposed project as well as a method by
which the effectiveness of the project can be evaluated.
Projects eligible to receive grant funding may include: the
establishment of maritime technology skills centers to meet the
unmet skills needs of the maritime industry; projects that
provide training to maritime workers, promote the use of
distance learning among maritime workers using the internet or
other technologies, and that provide services to support the
recruitment to the maritime industry of youth residing in
targeted high poverty areas within empowerment zones and
enterprise communities; the establishment of partnerships with
national and regional organizations that have special expertise
in developing, organizing, and administering merchant mariner
recruitment and training services, and with maritime training
programs that foster technical skills and operational
productivity in communities with economies related to or
dependent on the maritime industry.
Subsection (c) authorizes the Secretary to award grants to
support projects that will: design, develop and test a variety
of ways of providing services to recruit, retain, or train
people in one or more targeted populations; test various
training approaches to determine effective practices; or
develop and replicate service delivery strategies throughout
the maritime industry as a whole. Research projects and
multistate or regional projects are eligible to receive grants.
The Secretary shall establish guidelines and requirements and
award grants on a competitive basis.
Subsection (d) authorizes the appropriation of $10 million
in each of fiscal years 2010 through 2015 to support the award
of grants and of $1 million to cover the costs of administering
this program.
TITLE VII--COAST GUARD MODERNIZATION
Sec. 701. Short title
Section 701 states that this title may be cited as the
``Coast Guard Modernization Act of 2009''.
Subtitle A--Coast Guard Leadership
Sec. 711. Admirals and Vice-Admirals
Section 711 implements a reorganization of the Coast
Guard's Senior Leadership, as proposed by the Coast Guard
Commandant, Admiral Thad W. Allen. H.R. 3619 elevates the Vice
Commandant to a full four-star Admiral, eliminates the Atlantic
and Pacific Area Commands, and establishes four, three-star
Admiral positions to lead the operational and policy divisions
of the Coast Guard. These four positions include: a Deputy
Commandant for Mission Support; a Deputy Commandant for
Operations and Policy; a Commander, Force Readiness Command;
and a Commander, Operations Command.
In addition, section 711 requires that either the Deputy
Commandant for Operations and Policy or the Assistant
Commandant for Marine Safety, Security and Stewardship have a
minimum of 10 years of experience in vessel inspection,
casualty investigation, mariner licensing or equivalent
technical expertise, and at least four years of experience at a
leadership level at a marine safety unit.
Subtitle B--Marine Safety Administration
Sec. 721. Marine safety
Section 721 adds a new section to chapter 5 of title 14
specifically establishing marine safety as a core mission of
the Coast Guard.
Sec. 722. Marine safety staff
Section 722 adds three new sections to chapter 3 of title
14 that establish positions and qualifications for the marine
safety workforce; authorize the establishment of ``centers of
expertise for marine safety;'' and establish an industry
training program for marine safety personnel.
Sec. 723. Marine safety mission priorities and long-term goals
Section 723 requires the Secretary of the department in
which the Coast Guard is operating to develop a long-term
strategy to improve vessel safety and the safety of individuals
on vessels, and to submit annually a plan and schedule to
achieve specific goals, including reducing the number of marine
casualties and identifying and targeting enforcement efforts on
high-risk vessels and operators. The section outlines specific
goals to be included in the strategic plan.
Sec. 724. Powers and duties
Section 724 establishes the powers and duties of the senior
marine safety officer, who acts as an advisor to the
Commandant. These powers and duties include: regulating,
inspecting, measuring, and overseeing the manning of vessels;
approving the material, equipment, appliances and associated
equipment on vessels; investigating marine casualties;
licensing and documenting merchant mariners; overseeing State
boating safety programs; administering navigation rules;
preventing pollution; overseeing ports and waterways safety;
overseeing the management of waterways and of aids-to-
navigation; and other duties as assigned.
Sec. 725. Appeals and waivers
Section 725 requires that the individual, whether a Coast
Guard officer or a civilian, adjudicating an appeal of a
decision regarding marine safety shall be a qualified
specialist, with training and experience in marine safety
sufficient to judge the facts and circumstances of the appeal.
If the individual does not have such expertise, the individual
must have a senior staff member who possesses the required
expertise advise on and concur, in writing, with the decision.
Sec. 726. Coast Guard Academy
Section 726 requires the Coast Guard to establish as part
of the Coast Guard Academy curriculum professional courses of
study in marine safety that cover the program's history, vessel
design and construction, vessel inspection, casualty
investigation, administrative laws and regulations.
Sec. 727. Report regarding civilian marine inspectors
Section 727 requires the Commandant to report to Congress
on the Coast Guard's efforts to recruit and retain civilian
marine inspectors and investigators, and the impact of such
recruitment on Coast Guard organizational performance.
TITLE VIII--MARINE SAFETY
Sec. 801. Short title
Section 801 states that the title may be cited as the
``Maritime Safety Act of 2009''.
Sec. 802. Vessel size limits
Section 802 allows fishing vessels in the rationalized
Bering Sea/Aleutian Islands pollock fishery to be documented
with a fishery endorsement, if the vessel is a rebuilt or a
replacement vessel of a vessel that is authorized to hold a
Federal fishery permit under the American Fisheries Act,
notwithstanding current limits on length, tonnage, and
horsepower. This section does not alter the fishery quotas
established through the Federal fisheries management process.
Sec. 803. Cold weather survival training
Section 803 requires the Coast Guard to report on the
efficacy of cold water survival training in Coast Guard
District 17 (Alaska) during the preceding five years. The
report shall include plans for conducting such training in
fiscal years 2010 through 2013.
Sec. 804. Fishing vessel safety
Section 804 establishes safety equipment standards for all
commercial fishing, fish tender, and fish processing fishing
vessels operating beyond three nautical miles of the coast, and
clarifies the equipment requirements for these vessels. In
addition, section 804 establishes design and construction
standards for all new vessels. New fishing and fish tender
vessels, and fishing or fish tender vessels that undergo a
``major conversion'' as defined in 46 U.S.C. Sec. 2101(14a),
operating beyond three nautical miles of the coast and over 50
feet in length, will need to be ``classed'' by the American
Bureau of Shipping or an equivalent classification society.
``Classification'' provides evidence that a vessel is
mechanically and structurally fit for the intended service. New
fishing and fish tender vessels, operating beyond three
nautical miles of the coast, less than 50 feet in length, are
required under this section to meet the standards required of
recreational vessels under 46 U.S.C. Sec. 4302, that provide an
equivalent level of safety. New fishing vessels over 79 feet in
length would be required to have a ``load line''. The Secretary
is authorized to examine vessels that operate beyond three
nautical miles of the coast to ensure compliance with safety
regulations.
Existing fishing vessels that do not undergo a major
conversion after the date of enactment of this Act are not
required to meet any classification requirement. However,
beginning January 1, 2020, fishing vessels that are at least 50
feet in length, built before 2010, and 25 years old or older
will be required to meet an alternate compliance program
established by the Secretary of Homeland Security. The
Secretary is required to prescribe the alternate compliance
program standards by January 1, 2017.
This section also authorizes and requires a training
program for the operators of fishing vessels that operate
beyond three miles off the coast. The program is to be based on
professional knowledge, hands-on training, and will give credit
for recent past experience. Individuals who successfully
complete the program will receive a certificate, and will need
to complete refresher training at least once every five years
to keep the certificate current. Individuals who hold a mariner
license and can demonstrate equivalent training, while
encouraged to obtain the training described, should not be
required to do so.
The requirements developed by the Coast Guard for the
approval of the structured, shore-side training course must
include specific elements listed in this section, and a
suitable rigorous test covering each of these enumerated
elements should be administered. The student must pass an
examination for each of the items addressed as well as a final
test and skill demonstration at the course end covering the
elements of each of the areas specified. Upon successful
completion of the Coast Guard approved training program, the
training provider will issue a certificate of completion in the
format prescribed in the Coast Guard course approval
regulations or associated guidance documents. The training
program developed by the Coast Guard should include an
oversight and audit program to assure that the courses
delivered by the approved training providers meet the stated
approval requirements.
While section 804 does not address fishermen's physical
condition or drug and alcohol testing, physical fitness for
work and drug and alcohol testing are critical to a safe
working environment, and the Committee believes that
responsible vessel operators should make such considerations
part of their normal business practices. The protocols for
drug/alcohol testing programs are well-established and
successful in the other commercial maritime shipping
communities. Similarly, the prevention of workplace injury and
operational accidents from slips, falls, and man-overboard
accidents should be addressed in an operator's safety program.
Section 804 also establishes two grants programs. This
section authorizes the Secretary of the department in which the
Coast Guard is operating to establish Fishing Vessel Safety
Grants, to fund training of operators and crew of commercial
fishing vessels. It is the intent of the Committee that these
grants be available to programs and individuals who provide
training for both operators and crewmembers of commercial
fishing vessels. The grants are to be awarded on a competitive
basis to organizations or individuals that are approved by the
Secretary and that provide hands-on, skills-based training.
This section further authorizes the Secretary to establish
Fishing Safety Research Grants, to provide funding for research
on methods to improve the safety of commercial fishing,
specifically including investigation of enhanced vessel
monitoring systems. Additional funding for this program is
added to the Coast Guard's Research and Development
authorization in section 101(3) of this Act.
Sec. 805. Mariner records
Section 805 authorizes the Secretary to require vessel
owners or managing operators of commercial vessels to maintain
employment records of seamen for a period of not less than five
years after the completion of employment, and to make the
records available to the individual or the Coast Guard on
request.
Sec. 806. Deletion of exemption of license requirement for operators of
certain towing vessels
Section 806 strikes an exemption for licensing of operators
of vessels engaged in the offshore mineral and oil industry
when the vessel has offshore mineral and oil industry sites or
equipment as its ultimate destination or place of departure.
Section 8905(b) of title 46 currently exempts operators of
certain vessels from U.S. Coast Guard licensing requirements.
This exemption creates a potential serious threat to
navigational safety.
Sec. 807. Log books
Section 807 requires log books on all manned inspected
vessels; currently, they are required for vessels on foreign or
coastwise voyages. This section also identifies new
circumstances when information must be added to the log book.
Sec. 808. Safe operations and equipment standards
Section 808 adds two new sections to chapter 21 of title
46. New section 2116 authorizes the Coast Guard to ``terminate
for unsafe operation'' all vessels subject to title 46.
Currently, there are similar provisions for ``recreational
vessels'' and ``uninspected commercial fishing industry
vessels''. This new provision would permit those authorized to
enforce title 46 to terminate a voyage when a vessel is not in
compliance with an issued certificate, or is being operated in
an unsafe way or manner that creates an especially hazardous
condition.
New section 2117 authorizes the Coast Guard to establish
standards for required marine safety equipment based on
performance, best available technology, and operational
practicality. The section also authorizes the Coast Guard to
establish similar standards for safety equipment that is not
required to be carried, and requires that the Coast Guard
review and revise the standards every 10 years.
Sec. 809. Approval of survival craft
Section 809 prohibits the Secretary of the department in
which the Coast Guard is operating from approving as a
``survival craft'' a device that does not support the
individuals it is certified to carry when those individuals are
out of the water. For instance, a six-person device must be
able to support six persons out of the water, while a 25-person
device must be able to support 25 persons out of the water.
This section does not stipulate the vessels that must carry
survival craft, and does not require that all survival craft be
inflatable, since designs may be developed in the future for
rigid survival craft that are capable of supporting individuals
out of the water. Moreover, this section allows the use of
existing approved survival craft that do not provide out-of-
the-water protection for up to five years provided the
equipment is in good and serviceable condition.
Sec. 810. Safety management
Section 810 authorizes the Secretary of the department in
which the Coast Guard is operating to require ``Safety
Management Systems'' on passenger vessels and small passenger
vessels based on the number of passengers that could be killed
or injured in a marine casualty. A ``Safety Management System''
requires vessel owners to document operational policy, chain of
authority, and operational and emergency procedures that
specify responsibilities of the owner or operator, managers,
and masters. Such Systems must also outline procedures for
management review, internal audits, and the correction of
identified problems. This section does not require the Coast
Guard to apply the International Safety Management System to
these vessels. Instead, the Coast Guard is required to consider
the characteristics, methods of operation, and nature of the
service of these vessels when prescribing the safety management
regulations.
Sec. 811. Protection against discrimination
Section 811 allows maritime workers who lose their jobs or
are discriminated against because they report safety violations
to the Coast Guard to use the same Department of Labor
complaint process that is currently available to commercial
drivers, railroad workers, and aviation workers. The section
also clarifies the whistleblower protections provided in the
Coast Guard Authorization Act of 2002. This section expands
these protections to cover a broader scope of work related
issues, such as cooperating with a safety investigation
conducted by the NTSB.
Sec. 812. Oil fuel tank protection
Section 812 requires that new U.S. flag vessels built after
the date of enactment be constructed with double hulls
surrounding the fuel oil tanks, in accordance with
international standards.
Sec. 813. Oaths
Section 813 repeals 46 U.S.C. Sec. Sec. 7105 and 7305,
which require the applicant to appear in person to take an
oath.
Sec. 814. Duration of credentials
Section 814 permits the holder of a merchant mariner
document or license to renew the document in advance of the
expiration of an existing document, but delays the effective
date until the previous document expires.
Sec. 815. Fingerprinting
Section 815 eliminates duplicate fingerprinting
requirements for merchant mariners who have already been
fingerprinted in connection with obtaining a TWIC.
Sec. 816. Authorization to extend the duration of licenses,
certificates of registry, and merchant mariners' documents
Section 816 permits the Secretary of the department in
which the Coast Guard is operating to extend for up to one
year, a license, certificate of registry or a merchant
mariner's document, if the Secretary determines that the
extension would eliminate a backlog in processing applications.
Sec. 817. Merchant mariner documentation
Section 817 requires the Secretary of the department in
which the Coast Guard is operating to develop an interim
clearance procedure that will allow the issuance of a merchant
mariner document to a new-hire on an off-shore supply or towing
vessel, provided the Secretary makes a preliminary
determination that the individual does not pose a safety and
security risk.
Sec. 818. Merchant mariner assistance report
Section 818 requires the Coast Guard to report to the
appropriate committees of the House and Senate, not later than
180 days after the date of enactment of this Act, on plans to:
(1) expand the streamlined evaluation that was implemented at
Houston Regional Exam Center; (2) simplify the application
process of seamen and merchant mariner documents; (3) provide
notice to an applicant of the status of a pending application;
and (4) ensure that information collected from applicants is
retained in a secure electronic format.
Sec. 819. Offshore supply vessels
Section 819 eliminates the tonnage cap that currently
applies to Offshore Supply Vessels (i.e., vessels that support
offshore oil and gas exploration and production), thus allowing
an increase in the size of these vessels to meet the needs of
the industry as these operations move farther offshore and into
harsher environments. This section also establishes an hours-
of-service watch system for large offshore supply vessels, and
requires a minimum of one mate on all offshore supply vessels.
Sec. 820. Associated equipment
Section 820 amends the definition of ``associated
equipment'', which excludes all radio equipment, and authorizes
the Coast Guard to require that recreational vessels be
equipped with emergency locator beacons.
Sec. 821. Lifesaving devices on uninspected vessels
Section 821 amends the existing requirements for lifesaving
devices on uninspected vessels by authorizing the Coast Guard
to require lifesaving devices on all uninspected vessels. The
current statute applies only to uninspected vessels propelled
by machinery; as a result, under current law, barges, dredges
and similar vessels are exempt from any lifesaving equipment
requirement.
Sec. 822. Study of blended fuel in marine application
Section 822 authorizes the Coast Guard to conduct a study
and report to Congress on safety and performance issues
involving the use of blended gasoline in marine applications.
There are a number of reports of vessels, both recreational and
commercial, using gasoline as a fuel and subsequently suffering
failure of critical fuel system components. In addition, there
appears to be an increase in the number of fires and explosions
on recreational and commercial vessels. The study authorized by
this section will examine the extent to which blended fuels
have contributed to component failures, fires, and explosions.
Sec. 823. Renewal of Advisory Committees
Section 823 amends existing legislation to extend from
September 30, 2010 to September 30, 2020, the termination date
of the following advisory committees: 46 U.S.C. Sec. 9307(f)(1)
(Great Lakes Pilotage Advisory Committee); 46 U.S.C. Sec. 13110
(National Boating Safety Advisory Council); section 19 of the
Coast Guard Authorization Act of 1991 (Lower Mississippi River
Waterway Safety Advisory Committee); 33 U.S.C. Sec. 1231a
(Towing Safety Advisory Committee); and 33 U.S.C. Sec. 2073
(Navigation Safety Advisory Council). This section also makes
several other minor amendments.
TITLE IX--CRUISE VESSEL SAFETY
Sec. 901. Short title; table of contents
Section 901 specifies that the title may be cited as the
``Cruise Vessel Security and Safety Act of 2009''.
Sec. 902. Findings
Section 902 presents several findings regarding crime
aboard cruise ships.
Sec. 903. Cruise vessel security and safety requirements
Section 903 adds a new section 3507 to title 46.
Subsection (a) requires that beginning 18 months after the
date of enactment of the Act, each vessel to which the section
applies must comply with specific design and construction
standards. The vessels must have rails located not less than 42
inches above the cabin deck, and must have passenger staterooms
and crew cabins equipped with peep holes or other means of
visual identification. To the extent that technology is
available, the vessels must integrate technology that can
detect when passengers have fallen overboard. The vessels must
also be equipped with operable acoustic hailing or warning
devices to provide communication capability around the entire
vessel when it is operating in high risk waters as defined by
the Coast Guard.
Immediately upon enactment of the Act, any vessel, the keel
of which is laid after the date of enactment of the Act, must
equip passenger staterooms and cabins with security latches and
time sensitive key technologies.
Subsection (b) requires that the owner of a vessel to which
the section applies shall maintain a video surveillance system
to assist in documenting crimes on the vessel, and to provide
evidence for the prosecution of such crimes. Any law
enforcement official performing official duties in the course
and scope of an investigation shall be provided access by the
ship owner to a copy of all video records generated by the
surveillance system upon request.
Subsection (c) requires that the owner of a vessel to which
the section applies shall provide, in each passenger stateroom,
information regarding the locations of the U.S. consulate and
the U.S. embassy for each country the vessel will visit during
its voyage.
Subsection (d) requires that the owner of a vessel to which
the section applies shall maintain on the vessel adequate, in-
date supplies of anti-retroviral medications and other
medications designed to prevent the transmission of sexually
transmitted diseases after a sexual assault. The vessel must
also maintain equipment and materials for performing medical
examinations in sexual assault cases and to evaluate the
patient for trauma, provide medical care, and preserve
evidence. Further, there must be available at all times on the
vessel's medical staff who possess a current physician's or
registered nurse's license; who have either at least three
years of post-graduate or post-registration clinical practice
in general and emergency medicine or board certification in
emergency medicine, family practice medicine, or internal
medicine; and who meet guidelines established by the American
College of Emergency Physicians, and are able to provide
assistance in the event of an alleged sexual assault, including
conducting forensic sexual assault exams and administering
proper medical treatment to assault victims.
The vessel owner must prepare and provide to the patient
and maintain written documentation of the findings of medical
examinations conducted after an alleged assault, and these
results must be signed by the patient.
The vessel owner must also provide to the victim of an
alleged sexual assault free and immediate access to contact
information for local law enforcement, the FBI, the Coast
Guard, the nearest U.S. consulate or embassy, and the National
Sexual Assault Hotline program or other third party victim
advocacy hotline service. The vessel owner must also make
available a private telephone line and Internet-accessible
computer terminal so that the victim may confidentially access
law enforcement officials, an attorney, and the information and
support services available through the National Sexual Assault
Hotline program or other third party victim advocacy hotline
service.
Subsection (e) requires that the master or other individual
in charge of a vessel to which this section applies shall treat
information concerning a medical examination performed
following an alleged sexual assault confidential so that no
information may be released to the cruise line or other owner
of the vessel or any legal representative thereof without the
prior knowledge and written approval of the patient or the
patient's next-of-kin as appropriate. However, information
other than medical findings necessary for the master to comply
with log book reporting requirements or other reporting
requirements or to secure the safety of passengers and crew
members may be released--and information may be released to law
enforcement officials performing official duties in the course
and scope of an investigation.
The master or other individual in charge of a vessel to
which this section applies must also treat information derived
from post-assault counseling or other supportive services as
confidential. No information may be released to the cruise line
or any legal representative of the cruise line without the
prior knowledge and written approval of the patient or the
patient's next-of-kin as appropriate.
Subsection (f) requires that the owner of a vessel to which
this section applies shall establish and implement procedures
and restrictions concerning which crewmembers have access to
passenger staterooms, the period during which they have access,
and shall ensure that the procedures and restrictions are fully
and properly implemented and periodically reviewed.
Subsection (g) requires that the owner of a vessel to which
this section applies shall record in a log book, either
electronically or otherwise, in a centralized location readily
accessible to law enforcement a report on all complaints of
certain crimes, all complaints of theft of property valued in
excess of $1,000, and all complaints of other crimes committed
on any voyage that embarks and disembarks passengers in the
United States. The owner must make the log book available upon
request to the FBI, the Coast Guard, and any law enforcement
officer performing official duties in the course and scope of
an investigation.
This subsection requires that entries into log books
recording alleged crimes shall include, at a minimum, the name
of the vessel operator/cruise line; the flag of the vessel; the
age and gender of the victim and assailant; the nature of the
alleged crime; the vessel's position at the time of the
incident or, if that is not known, the position at the time the
incident was reported; the time, date, and method of the
initial report and of the incident; the total number of
passengers and crew on the voyage; and the case number of the
report.
This subsection also requires the vessel's owner or
designee to contact the nearest FBI Field Office of Legal
Attache by telephone as soon as possible after the occurrence
on board the vessel of an incident involving homicide,
suspicious death, a missing U.S. national, kidnapping, assault
with serious bodily injury, any offense to which 18 U.S.C.
Sec. Sec. 2241, 2242, 2243, or 2244(a), or (c) applies, firing
or tampering with the vessel or theft of money or property in
excess of $10,000 to report the incident.
These reporting requirements apply to an incident involving
criminal activity if:
the vessel, regardless of registry, is
owned, in whole or in part, by a U.S. person,
regardless of the nationality of the victim or
perpetrator and the incident occurs when the vessel is
within the admiralty and maritime jurisdiction of the
United States and outside the jurisdiction of any
State;
the incident concerns an offense by or
against a U.S. national committed outside the
jurisdiction of any nation;
the incident occurs in the Territorial Sea
of the United States, regardless of the nationality of
the vessel, the victim, or the perpetrator; or
the incident concerns a victim or
perpetrator who is a U.S. national on a vessel that
departed from or will arrive at a U.S. port.
The Secretary of Transportation is required to maintain a
statistical compilation of certain incidents on an Internet
site that provides a numerical accounting of the missing
persons and alleged crimes recorded in each report that are no
longer under investigation. The data shall be updated no less
frequently than quarterly and aggregated by cruise line (and
each cruise line shall be identified by name), and by whether
the crime was committed by a passenger or a crew member. Each
cruise line taking on or discharging passengers in the United
States shall include a link on its Internet website to the
website maintained by the Secretary of Transportation.
Subsection (h) states that any person who violates this
section or a regulation under this section shall be liable for
a civil penalty of not more than $25,000 for each day during
which the violation continues, except that the maximum penalty
will be $50,000. Any person that willfully violates this
section, or a regulation under the section, shall be fined not
more than $250,000 or imprisoned not more than one year, or
both. Further, entry into a U.S. port may be denied to a vessel
to which this section applies if the owner of the vessel
commits an act or omission for which a penalty may be imposed
or fails to pay a penalty imposed on the owner under this
subsection.
Subsection (i) requires that within six months of the date
of enactment of the Act, the Secretary shall issue guidelines,
training curricula, and inspection and certification procedures
necessary to carry out the requirements of this section.
Subsection (j) requires that the Secretary of
Transportation and the Commandant to each issue regulations
necessary to implement this section.
Subsection (k) states that this section and section 3508
applies to a passenger vessel that is authorized to carry at
least 250 passengers, has onboard sleeping facilities for each
passenger, is on a voyage that embarks or disembarks passengers
in the United States, and is not engaged on a coastwise voyage.
Title IX does not apply to vessels of the United States, or
vessels owned and operated by a State.
Subsection (l) defines the term owner to mean the owner,
charterer, managing operator, master, or other individual in
charge of a vessel.
Section 903 also adds a new section 3508 to title 46.
Subsection (a) of section 3508 states that the Secretary of
the department in which the Coast Guard is operating, in
consultation with the Director of the FBI and the Administrator
of the Maritime Administration, shall develop training
standards and curricula to allow for the certification of
passenger vessel security personnel and crewmembers on the
appropriate methods for prevention, detection, evidence
preservation, and reporting of criminal activities in the
international maritime environment.
Subsection (b) states that the standards established by the
Secretary shall include the training and certification of
vessel security personnel and crewmembers, including
recommendations for incorporating a background check process
for personnel trained and certified in foreign countries. The
standards shall also include the training of students and
instructors in all aspects of the prevention and detection of
crime and the preservation of evidence.
Subsection (c) provides that beginning two years after the
standards are established, no vessel to which the section
applies may enter a U.S. port on a voyage or voyage segment on
which a U.S. citizen is a passenger unless there is at least
one crewmember on board who is certified as having successfully
completed the required training.
Subsection (d) states that no vessel to which the
subsection applies may enter a U.S. port on a voyage or voyage
segment on which a U.S. citizen is a passenger unless there is
at least one crewmember on board who is properly trained in the
prevention and detection of crime and the preservation of
evidence.
Subsection (e) provides that any person that violates this
section or any regulation under this section shall be liable
for a civil penalty of not more than $50,000.
Subsection (f) authorizes the Secretary to deny entry into
the United States to a vessel to which this section applies if
the owner commits an act or omission for which a penalty may be
imposed, or fails to pay an imposed penalty.
Section 904. Study and report on the security needs of passenger
vessels
This section requires that, within three months after the
date of enactment of this Act, the Secretary shall conduct a
study of the security needs of passenger vessels and report the
findings of the study to Congress.
TITLE X--UNITED STATES MARINER PROTECTION
Sec. 1001. Short title
Section 1001 states that this title may be cited as the
``United States Mariner and Vessel Protection Act of 2009''.
Sec. 1002. Use of force against piracy
Section 1002 adds a new section 8107 to title 46. The
section states that if an owner, operator, master, mariner or
time charterer uses or authorizes the use of force to defend a
U.S.-flagged vessel against an act of piracy, that individual
will not be liable for the injury or death caused by that use
of force to any person that participated in the act of piracy.
Sec. 1003. Agreements
Section 1003 states that the Secretary of the department in
which the Coast Guard is operating shall work through the
International Maritime Organization to establish agreements
with flag and port states that will promote a coordinated
action to protect against, deter and rapidly respond to acts of
piracy against the vessels of those states, and in the waters
under the jurisdiction of those states. Additionally, the
section states that the Secretary shall work to ensure that
limitations of liability are established similar to those in 46
U.S.C. Sec. 8107, as amended by this Act.
TITLE XI--PORT SECURITY
Sec. 1101. Maritime homeland security public awareness program
Section 1101 requires the Secretary of Homeland Security to
establish a program to seek the cooperation of the commercial
and recreational boating industries and the public in improving
awareness of, and reporting potential terrorist activities in,
the maritime domain.
Sec. 1102. Transportation Worker Identification Credential
Section 1102 requires the Secretary of Homeland Security to
submit a report to the appropriate committees of the House and
Senate, not later than 120 days upon the completion of a pilot
program to test TWIC access control technologies at port
facilities and vessels nationwide. The report shall discuss:
(1) the findings of the pilot program regarding key technical
and operational aspects of implementing TWIC technologies in
the maritime sector; (2) a listing of the degree to which the
established metrics were achieved during the pilot program; and
(3) an analysis of the viability of those technologies being
used in the marine environment, including the challenges of
implementing those technologies and strategies to mitigate the
challenges identified.
In addition, this section requires GAO to review the
Secretary's report, and submit an assessment of the report's
findings and recommendations to the appropriate committees of
the House and Senate.
Sec. 1103. Review of interagency operational centers
Section 1103 requires the DHS IG to submit a report within
180 days of the enactment of this Act to the appropriate
committees of the House and Senate concerning the establishment
of Interagency Operational Centers for Port Security required
by the SAFE Port Act. The report shall examine: (1) DHS'
efforts to establish the centers; (2) a construction timeline;
(3) a detailed breakdown, by center, of the incorporation of
those representatives required by 46 U.S.C. Sec. 70107A(b)(3);
(4) hurdles faced during the development of the centers; (5)
information on the number of security clearances obtained by
participating State, local and tribal officials; and (6) an
examination of the relationship between the Interagency
Operational Centers and State, local, and regional fusion
centers participating in DHS' Regional Fusion Center Initiative
under section 511 of the Implementing the Recommendations of
the 9/11 Commission Act of 2007 (P.L. 110-53).
Sec. 1104. Maritime security response teams
Section 1104 amends 46 U.S.C. Sec. 70106 by striking the
current subsection (c) and inserting language requiring that:
in addition to the maritime safety and security teams, the
Secretary of the department in which the Coast Guard is
operating shall establish no less than two maritime security
response teams to act as the Coast Guard's rapidly deployable
counterterrorism and law enforcement response units that can
apply advanced interdiction skills in response to threats of
maritime terrorism. The teams shall be stationed in a way to
minimize their response time to any reported maritime terrorist
threat and to coordinate activities with Federal, State and
local law enforcement and emergency response agencies.
Sec. 1105. Coast Guard detection canine team program expansion
Section 1105 requires the Secretary of Homeland Security 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 teams annually through fiscal year 2012.
Deployment of the teams will be based on risk, consistent with
the SAFE Port Act.
The Secretary shall encourage the use of canine teams by
the owners and operators of port facilities, passenger cruise
liners, ocean-going cargo vessels, and other vessels to
strengthen security on these facilities and vessels.
The Secretary, acting through the Commandant, shall procure
canine teams through domestic breeding while meeting the
Commandant's performance needs and criteria; support the
expansion and upgrading of existing canine training facilities;
and partner with other Federal, State or local agencies,
nonprofit organizations, universities or private sector to
increase breeding and training capacity for the Coast Guard
canine detection teams.
Sec. 1106. Coast Guard port assistance program
Section 1106 amends 46 U.S.C. 70110 to establish a Coast
Guard port assistance program. The program authorizes the
Secretary of the department in which the Coast Guard is
operating to lend, lease, donate or provide equipment not
required by the Coast Guard for mission performance and to
provide technical training and support to the foreign ports or
facilities to bring them into compliance with applicable
International Ship and Port Facility Code (ISPS) standards.
The port or facility is required to have a port security
assessment by the Coast Guard or certified third party entity
to validate their compliance with ISPS. The assistance provided
to the facilities will be based on an assessment of the risks
to United States security, and the inability of the port or
facility to bring itself into compliance, or to maintain
compliance.
Sec. 1107. Maritime biometric identification
Section 1107 requires the Secretary of Homeland Security,
acting through the Commandant, to conduct a pilot program, in
the maritime environment, for the mobile biometric
identification of suspected individuals, including terrorists,
to enhance border security and other purposes.
The Secretary shall ensure the program is coordinated with
other biometric identification programs within DHS, and shall
evaluate the costs and feasibility of expanding the capability
to all Coast Guard cutters, stations, deployable maritime teams
and any other appropriate DHS assets.
Sec. 1108. Review of potential threats
Section 1108 requires the Secretary of Homeland Security to
submit a report no later than one year after the date of
enactment of this Act to the appropriate committees of the
House and Senate analyzing the threat, vulnerability, and
consequence of a terrorist attack on gasoline and chemical
cargo shipments in port areas in the United States.
Sec. 1109. Port security pilot
Section 1109 requires the Secretary of Homeland Security to
leverage existing Federal grants to establish a pilot program
to test and deploy preventive radiological or nuclear detection
equipment on Coast Guard vessels, and at other selected port
region locations to enhance border security and for other
purposes.
Sec. 1110. Seasonal workers
Section 1110 requires GAO to conduct a study on the effects
the TWIC requirement has on companies that employ seasonal
employees. GAO shall submit a report no later than one year
after the date of enactment of this Act to the appropriate
committees of the House and Senate giving the results of an
assessment of: (1) the costs born by companies to obtain TWIC
cards for seasonal employees; (2) whether the Coast Guard and
Transportation Security Administration are processing TWIC
applications expeditiously for seasonal workers; (3) whether
TWIC costs or other factors have led to a reduction in service;
(4) the impact of TWIC requirements on the hiring of seasonal
or other temporary employees; and (5) an assessment of possible
alternatives to TWIC that may be used for seasonal employees,
including discussion of the security vulnerabilities created by
those alternatives.
Sec. 1111. Comparative risk assessment of vessel-based and facility-
based liquefied natural gas regasification processes
Section 1111 requires the Secretary of Homeland Security,
acting through the Commandant, to provide a report no later
than one year after the date of enactment of this Act to the
appropriate committees of the House and Senate, which provides
the findings and conclusions of a comparative risk assessment
examining the relative safety and security risks associated
with vessel and facility based natural gas regasification
processes conducted within three miles from land versus those
conducted more than three miles from land.
Sec. 1112. Pilot program for fingerprinting of maritime workers
Section 1112 requires the Secretary of Homeland Security
within 180 days after the date of enactment of this Act to
establish procedures to enable individuals required to be
fingerprinted for TWIC to be fingerprinted at any DHS-operated
or contracted facility that fingerprints the public for the
Department. This section will expire December 31, 2012.
Sec. 1113. Transportation security cards on vessels
Section 1113 clarifies that only mariners who enter secure
areas of vessels must obtain TWIC cards.
Sec. 1114. International labor study
Section 1114 requires GAO to conduct a study assessing
methods to conduct background security investigations of
individuals who possess biometric identification cards that
comply with International Labor Convention number 185 and that
are equivalent to the investigations conducted on individuals
that apply for a visa to enter the United States.
The results of the study must be submitted within 180 days
after the date of enactment of this Act to the appropriate
committees of the House and Senate.
Sec. 1115. Maritime security advisory committees
Section 1115 amends 46 U.S.C. 70112 by specifically
designating entities and organizations to comprise the National
Maritime Security Advisory Committee. The members shall include
at least one individual who represents the interests of: port
authorities, facility owner/operators, terminal owner/
operators, vessel owner/operators, maritime labor
organizations, academic community, State or local governments
and maritime industry.
This section also requires that each Area Maritime Security
Advisory Committee shall be comprised of individuals who
represent the interests of the port industry, terminal
operators, port labor organizations and other users of the port
areas.
This section extends the expiration of the National
Maritime Security Advisory Committee to September 30, 2010.
Sec. 1116. Seaman shoreside access
Section 1116 requires each facility security plan approved
under 46 U.S.C. Sec. 70103(c), to provide a system to allow
seamen, pilots, representatives of seaman's welfare, and labor
organizations to transit through marine terminals to board or
exit a vessel in a timely manner at no cost to the individual.
The Committee has learned that individuals may, at times, be
charged hundreds of dollars for being provided an escort
through a secure facility when they board or depart a vessel.
Sec. 1117. Waterside security around especially hazardous materials
terminals and tankers
Section 1117 makes the Commandant of the Coast Guard
responsible for enforcing security zones established by the
Coast Guard around terminals and around tankers transporting
especially hazardous materials. It further restricts a facility
security plan from being based on the provision by a State or
local government of waterside security unless the Secretary of
the department in which the Coast Guard is operating certifies
that the State or local governments have the training,
resources, personnel, equipment, and experience necessary to
successfully deter, to the maximum extent practicable, all
transportation security incidents, such as a terrorist attack
on the vessel or facility.
This section also prohibits the Coast Guard from approving
a facility security plan for a new especially hazardous
materials terminal the construction of which is begun after the
date of enactment of this Act unless the Secretary certifies
that the Coast Guard sector in which the terminal is located
has all of the assets it needs to provide waterside security
around the terminal, including qualified State and local
resources made available through a security arrangement with
the facility.
Section 1118. Review of liquefied natural gas facilities
Section 1118 requires the Secretary of Homeland Security to
notify the FERC when a determination is made that the waterway
to a proposed waterside LNG facility is suitable or unsuitable
for marine traffic for that facility.
Section 1119. Use of secondary authentication for transportation
security cards
Section 1119 authorizes the Secretary of Homeland Security
to use a secondary authentication system for individuals
applying for TWIC when fingerprints are unable to taken or
read.
Section 1120. Report on state and local law enforcement augmentation of
Coast Guard resources with respect to security zones and United
States ports
Section 1120 requires the Secretary of the department in
which the Coast Guard is operating to submit a report to the
appropriate committees of the House and Senate, not later than
180 days after the enactment of this act. The report shall
discuss how much State and local law enforcement entities are
augmenting Coast Guard resources by enforcing Coast Guard-
imposed security zones around vessels that are transiting to,
through, or from United States ports and port security patrols.
The report shall specify the: (1) number of ports in which
State and local law enforcement entities are being used to
enforce such Coast Guard-imposed security zones or to conduct
security patrols in United States ports; (2) number of formal
agreements entered into between the Coast Guard, and State and
local law enforcement entities to engage those entities in
enforcing such Coast Guard-imposed security zones or conducting
such security patrols; (3) extent to which the Coast Guard has
set national standards for training, equipment, and resources
to ensure that State and local law enforcement agencies
enforcing such Coast Guard-imposed security zones or conducing
such security patrols can deter a transportation security
incident; (4) extent to which the Coast Guard has assessed the
ability of State and local law enforcement entities to carry
out the assigned security duties they have been engaged to
perform including their ability to meet any Coast Guard
established national standards for training, equipment and
resources to ensure the entities can deter a transportation
security incident; (5) extent to which State and local law
enforcement entities are able to meet the Coast Guard
established national training, equipment and resources
standard; (6) differences in the Coast Guard's and State and
local law enforcement's law enforcement authority, in
particular boarding authority; and (7) extent of resource,
training and equipment differences between State and local law
enforcement entities and the Coast Guard units engaged in
enforcing such Coast Guard-imposed security zones or conducting
such security patrols.
Section 1121. Assessment of transportation security card enrollment
sites
Section 1121 requires the Secretary of Homeland Security to
prepare an assessment of the enrollment sites for TWIC not
later than 30 days after the date of enactment of this Act. The
assessment should include the feasibility for keeping the
enrollment sites open after September 23, 2009 and the quality
of customer service.
Section 1121 also requires the Secretary to develop
timelines and benchmarks for implementing the findings of the
assessment as deemed necessary by the Secretary.
TITLE XII--ALIEN SMUGGLING
Sec. 1201. Short title
Section 1201 states that this title may be cited as the
``Alien Smuggling and Terrorism Prevention Act of 2009''.
Sec. 1202. Findings
Section 1202 finds that alien smuggling by land, air, and
sea is a global crime that violates the integrity of the United
States borders, compromises our nation's sovereignty, and
places the country at risk of terrorist activity.
Sec. 1203. Checks against terrorist watchlist
Section 1203 requires the Secretary of Homeland Security to
check alien smuggling suspects and smuggled individuals
interdicted at the land, air and sea borders of the United
States against all available terrorist watchlists.
Sec. 1204. Strengthening prosecution and punishment of alien smuggling
Section 1204 amends section 274(a) of the Immigration and
Nationality (8 U.S.C. Sec. 1324(a)) by changing the subsection
heading to ``Bringing In, Harboring, and Smuggling of Unlawful
and Terrorist Aliens.'' This section authorizes punishment for
persons who, in reckless disregard of the fact that an
individual is an alien who lacks lawful authority to enter
into, or reside in, the United States, brings that individual
to the United States in any manner whatsoever; or recruits,
encourages, or induces that individual to enter into or reside
in the United States; or transports or moves that individual
into the United States in furtherance of their unlawful
presence; or harbors, conceals, or shields from detection the
individual in any building or any means of transportation.
Section 1204 establishes penalties for individuals who
commit a crime as defined by this section. If the offense
results in the death of any person, the defendant may be
subject to the penalty of death or imprisonment for any term of
years or for life. If the offense involves kidnapping, an
attempt to kidnap, the conduct required for aggravated sexual
abuse (as defined by title 18), or an attempt to commit such
abuse, or an attempt to kill, the defendant may be fined under
title 18 or imprisoned for any term of years or life, or both.
If the offense involves an individual whom the defendant knew
was engaged in or intended to engage in terrorist activity (as
defined in section 212(a)(3)(B)), the defendant may be fined
under title 18 or imprisoned not more than 30 years or both. If
the offense results in serious bodily injury or places in
jeopardy the life of any person, the defendant may be fined
under title 18 or imprisoned not more than 20 years or both. If
the offense was a violation of section 1304 and was committed
for the purpose of profit or was committed with the intent or
reason to believe that the individual unlawfully brought to the
United States would commit an offense against the United States
or any State that is punishable by imprisonment for more than
one year, the defendant may be fined under title 18 and
imprisoned; sentences vary depending on whether it is a first,
second, or subsequent violation. If the offense involves the
transit of the defendant's spouse, child, sibling, parent,
grandparent, niece or nephew, and the offense is not treated by
any other penalty created by the bill, the defendant may be
fined under title 18 and imprisoned not more than one year or
both. In any other case, the defendant may be fined under title
18 or imprisoned not more than five years or both.
This section also provides extraterritorial jurisdiction
over some specified offenses and states that no defense for
violations that occur on the high seas can be based on
necessity unless the defendant reported the matter as soon as
practicable to the Coast Guard and did not bring an alien or
facilitate the entry of an alien into the United States without
lawful authority unless exigent circumstances placed the life
of the alien in danger.
The section clarifies that it is not a violation of, or a
conspiracy to, violate specific prohibitions in this title for
a religious denomination with a bona fide nonprofit or the
agents or officers of such a denomination to encourage, invite,
call, allow, or enable an alien who is present in the United
States to perform the vocation of minister or missionary for
the vocation as a volunteer who is not a compensated employee,
notwithstanding the provision of room, board, travel, medical
assistance and other basic living expenses, provided the
individual has been a member of denomination for at least one
year.
Sec. 1205. Maritime law enforcement
Section 1205 amends 18 U.S.C. Sec. 2237(b) to establish
penalties for individuals who intentionally violate this
section.
This section also establishes penalties of fines, or
imprisonment for 10 years, or both for committing offenses that
violate: section 274 of the Immigration and Nationality Act
(alien smuggling); chapter 77 (peonage, slavery and trafficking
in persons), section 111 (shipping), 111A (interference with
vessels), 113 (stolen property), or 117 (transportation for
illegal sexual activity) of this title; chapter 705 (maritime
drug law enforcement) of title 46, or title II of the Act of
June 15, 1917 (Chapter 30; 40 Stat. 220).
Section 1205 amends section 18 U.S.C. Sec. 2237(c) and
places limitations on the necessity defense. This section does
not allow a defendant to offer a necessity defense unless the
defendant: immediately upon reaching shore delivered the person
to emergency medical or law enforcement personnel with respect
to which the necessity arose; immediately reported to the Coast
Guard the necessity resulting giving rise to the defense; and
did not bring or attempt to bring or in any manner
intentionally facilitate the entry of any alien unless exigent
circumstances existed that place the alien's life in danger.
Sec. 1206. Amendment to the sentencing guidelines
Section 1206 requires the United States Sentencing
Commission to review and, if needed, amend the sentencing
guidelines and policy statements applicable to persons
convicted of alien smuggling offenses and criminal facility to
heave to or obstruction of boarding.
TITLE XIII--MISCELLANEOUS PROVISIONS
Sec. 1301. Certificate of documentation for GALLANT LADY
Section 1301 authorizes the Secretary of the department in
which the Coast Guard is operating to issue a certificate of
documentation with a limited coastwise endorsement for the
limited purpose of allowing a vessel, the GALLANT LADY, to host
charity events in which the vessel's owner receives no
compensation.
Sec. 1302. Waivers
Section 1302 authorizes the Secretary of the department in
which the Coast Guard is operating to issue a certificate of
documentation with a coastwise endorsement to certain vessels.
Sec. 1303. Great Lakes Maritime Research Institute
Section 1303 requires the National Maritime Enhancement
Institute for the Great Lakes region to conduct maritime
transportation studies. It also authorizes appropriations
through 2013 to carry out the studies.
Sec. 1304. Conveyance of Coast Guard Boathouse, Nantucket,
Massachusetts
Section 1304 authorizes the Secretary of the department in
which the Coast Guard is operating to convey the Coast Guard
Boathouse at Station Brant Point, Nantucket, Massachusetts, to
the Town of Nantucket, and permits the town to lease the land
on which the Boathouse resides for a period of up to 25 years.
Sec. 1305. Crew wages on passenger vessels
Section 1305 places a cap on the liability for cruise ships
for violation of the double wage penalty law. Current law
provides that if a shipowner does not pay a seaman what the
seaman is owed under his employment contract without sufficient
cause, the shipowner must pay the seaman two days' wages for
each day he does not pay the seaman the contractual amount.
This amendment places a cap on class action cases brought for
non-payment of the contractual wages. The cap provided is ten
times the unpaid wages that are subject to the claim. A three-
year statute of limitations is also established for class
action lawsuits filed under the Act.
This section also authorizes seaman's wages to be paid
electronically into a financial institution designated by the
seaman, if the 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.
Sec. 1306. Technical corrections
Section 1306 makes technical corrections to the Coast Guard
and Maritime Transportation Act of 2006 (P.L. 109-241).
Sec. 1307. Conveyance of decommissioned Coast Guard Cutter STORIS
Section 1307 conveys the decommissioned Coast Guard Cutter
STORIS to the Storis Museum and Maritime Education Center in
Alaska. This cutter operated in Alaska for decades and this
provision allows it to remain in Alaska and be used as museum
and historical display, using the same procedures adopted in
past conveyances.
Sec. 1308. Conveyance of Coast Guard HU-25 Falcon Jet aircraft
Section 1308 conveys an excess HU-25 Falcon Jet aircraft
after it is decommissioned to the Elizabeth City State
University in North Carolina for educational purposes, using
the same procedures adopted in past conveyances.
Sec. 1309. Decommissioned Coast Guard vessels for Haiti
Section 1309 allows the government of Haiti a right-of-
first-refusal for up to 10 Coast Guard 41-foot patrol boats
when they are decommissioned, provided they are used by the
Coast Guard of Haiti, and available to the United States in
time of war or national emergency.
Sec. 1310. Phaseout of vessels supporting oil and gas development
Section 1310 authorizes foreign flag vessels to be
chartered for a limited time period to set, relocate, or
recover anchors or other mooring equipment of a mobile offshore
drilling unit that is located over the outer Continental Shelf
for operations to support the 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.
Sec. 1311. Vessel traffic risk assessment
Section 1311 requires the Commandant to prepare vessel
traffic risk assessments for Cook Inlet, Alaska. The Committee
is concerned that the increased traffic in this area may
require additional safety measures to protect against marine
casualties. This assessment will help provide information
regarding the risk of marine casualties in these areas.
Sec. 1312. Study of relocation of Coast Guard Sector Buffalo facilities
Section 1312 requires the Commandant to conduct a project
proposal report on the feasibility of consolidating and
relocating the Coast Guard facilities at Coast Guard Sector
Buffalo, and to prepare preliminary plans for the design,
engineering, and construction for the consolidation of these
facilities.
Section 1313. Conveyance of Coast Guard vessels to Mississippi
Section 1313 authorizes the Coast Guard to convey, without
cost, one of its excess trailerable boats, to each of the
Sheriff's Departments of Coahoma, Warren, and Washington
Counties, Mississippi, for homeland security purposes.
Sec. 1314. Coast Guard assets for United States Virgin Islands
Section 1314 authorizes the Coast Guard to station
additional assets in the U.S. Virgin Islands for port security,
and other purposes.
Sec. 1315. Officer requirements for distant water tuna vessels
Section 1315 amends 46 U.S.C. Sec. 8103 by adding a new
subsection entitled ``Officer requirements for distant water
tuna vessels.'' Section 1315 authorizes a purse seine tuna
fishing vessel documented under chapter 121 that fishes
exclusively for highly migratory species under a fishing
license issued pursuant to the 1987 Treaty on Fisheries Between
the Governments of Certain Pacific Islands States and the
Government of the United States in the treaty area, or
transiting to or from the treaty area, to engage an individual
that is not a citizen of the United States to fill a vacancy in
a position, except for the position of master, if no U.S.
citizens are readily available to fill the position after
timely public notice of the vacancy.
Section 1315 restricts individuals from being engaged
unless the individuals hold a valid license or certificate
issued in accordance with the 1995 amendments to the Convention
on Standards of Training Certification and Watchkeeping for
Seafarers, 1978, and by an authority that the Secretary of the
department in which the Coast Guard is operating recognizes as
imposing equivalent or greater competency and training
standards.
This section applies to the engagement of an individual on
a vessel that is home-ported in American Samoa, Guam, or the
Northern Mariana Islands, and has passed an annual commercial
fishing vessel safety exam administered by an individual
authorized to enforce this title.
Section 1315 requires the Secretary of the department in
which the Coast Guard is operating to treat a license that was
issued by a foreign government as meeting the requirements of
section 8304, if the Secretary determines that the standards
for issuance are equivalent to those under that section.
Sec. 1316. Assessment of needs for additional Coast Guard presence in
high latitude regions
Section 1316 requires a study and report on the need for
additional Coast Guard prevention and response capability in
high latitude (polar) regions, including an assessment of
existing assets, projected need, and shore infrastructure.
Sec. 1317. Study of regional response vessel and salvage capability for
Olympic Peninsula coast, Washington
Section 1317 requires the Coast Guard, in conjunction with
the National Academy of Sciences, and in consultation with
Federal, State and tribal officials to conduct a study of the
need for regional response vessel and salvage capability for
the State of Washington Olympic Peninsula coast.
Sec. 1318. Study of bridges over navigable waters
Section 1318 requires the Secretary of Transportation to
conduct a comprehensive study on the proposed construction or
alteration of any proposed bridge, drawbridge, or causeway over
navigable waters with a channel depth of 25 feet or greater
that may impede or obstruct future navigation to or from port
facilities.
The Coast Guard plays an integral role in the advancement
of transportation and infrastructure projects in the United
States under its authority from the General Bridge Act of 1946
and Department of Transportation Order 1100.1. Given that the
Coast Guard is responsible for approving all locations and
plans of bridges and causeways across navigable waters,
including the necessary environmental processes, it is critical
that the Commandant work collaboratively with the Secretary of
Transportation to ensure that the bridge permitting processes
at both agencies is timely, coordinated, and transparent in
nature. Further, the Commandant, together with the Secretary of
Transportation and the Secretary of Homeland Security, is
directed to submit a report to the House Committee on
Transportation and Infrastructure and other appropriate
committees not later than 90 days after enactment of this Act
on existing coordination protocols for joint infrastructure
responsibilities as well as recommended improvements.
Sec. 1319. Limitation on jurisdiction of States to tax certain seamen
Section 1319 limits State jurisdiction to tax worker
crewmembers on vessels that regularly work on the navigable
waters of two or more States; workers would only be taxed in
one State.
Sec. 1320. Decommissioned Coast Guard vessels for Bermuda
Section 1320 authorizes the Coast Guard to transfer
decommissioned 41-foot patrol boats to Bermuda for use by its
Coast Guard. It is the Committee's intent to limit a transfer
under this section until the Coast Guard has been notified by
the government of Haiti that it does not require the vessels,
as provided under section 1309 of this Act.
Sec. 1321. Conveyance of Coast Guard vessels to Nassau County, New York
Section 1321 authorizes the Coast Guard to convey, without
cost, two 41-foot patrol boats to the Police Department of
Nassau County, New York, for homeland security purposes.
Sec. 1322. Newtown Creek, New York City, New York
Section 1322 requires the Administrator of the
Environmental Protection Agency to conduct a study on the
public health, safety and environmental concerns related to the
underground petroleum spill on the Brooklyn shoreline of
Newtown Creek, New York City, New York. This section requires a
report containing the results of the study to be submitted to
the Committee on Environment and Public Works, Senate Committee
on Commerce, Science and Transportation and the Committee on
Transportation and Infrastructure of the House.
Sec. 1323. Land conveyance, Coast Guard property in Marquette County,
Michigan, to the City of Marquette, Michigan
Section 1323 authorizes the Coast Guard to convey, as
surplus property, the Coast Guard Station Marquette and
Lighthouse Point, totaling approximately nine acres, to the
City of Marquette, Michigan.
Sec. 1324. Mission requirement analysis for navigable portions of the
Rio Grande River, Texas, international water boundary
Section 1324 requires the Secretary of the department in
which the Coast Guard is operating to prepare a mission
requirement analysis of the navigable portions of the Rio
Grande River, Texas, along the international water boundary.
The analysis should assess Coast Guard missions, assets, and
personnel assigned along the River and should identify the
needs of the Coast Guard to increase search and rescue
operations and migrant and drug interdiction operations.
Sec. 1325. Conveyance of Coast Guard property in Cheboygan, Michigan
Section 1325 authorizes the Coast Guard to convey, at fair
market value, approximately three acres to the Cornerstone
Christian Academy who will have right of first refusal to
purchase the all or a portion of the real property.
Legislative History and Committee Consideration
In the 110th Congress, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing on March 8, 2007, on
``The Coast Guard Budget and Authorization for Fiscal Year
2008''. On February 26, 2008, the Subcommittee held a hearing
on ``FY 2009 Budget: Coast Guard, Federal Maritime Commission
and Maritime Administration''.
On June 22, 2007, Chairman James L. Oberstar introduced
H.R. 2830, the ``Coast Guard Authorization Act of 2008''. On
June 26, 2007, the Subcommittee met to consider H.R. 2830, and
favorably recommended it, as amended, to the Committee on
Transportation and Infrastructure by voice vote with a quorum
present. On June 28, 2007, the Committee met in open session
and ordered H.R. 2830, as amended, reported favorably to the
House by voice vote with a quorum present. On September 20,
2007, the Committee reported the bill, as amended, to the
House. H. Rept. 110-338, Part I.
On October 1, 2007, the Committee on Homeland Security
ordered the bill, as amended, reported favorably to the House.
H. Rept. 110-338, Part II. On October 30, 2007, the Committee
on Judiciary ordered the bill, as amended, reported favorably
to the House. H. Rept. 110-338, Part III. On April 23, 2008,
the Committee on Judiciary filed a supplemental report. H.
Rept. 110-338, Part IV.
On April 24, 2008, the House passed H.R. 2830 by a vote of
395-7. The Senate did not complete action on the legislation.
In the 111th Congress, on May 13, 2009, the Subcommittee on
Coast Guard and Maritime Transportation met to examine the
President's fiscal year 2010 budget request and policy
initiatives for the Coast Guard.
On September 23, 2009, Chairman James L. Oberstar
introduced H.R. 3619, the ``Coast Guard Authorization Act of
2009''. This bill is comprised of several different bills that
have been considered by the Committee on Transportation and
Infrastructure and, in some cases, the House in the 111th
Congress. These bills include: H.R. 1747, the ``Great Lakes
Icebreaker Replacement Act'' (H. Rept. 111-81)(passed the House
by voice vote on April 27, 2009); H.R. 1665, the ``Coast Guard
Acquisition Reform Act of 2009'' (H. Rept. 111-215)(passed the
House, 426-0, on July 29, 2009); H.R. 2651, the ``Maritime
Workforce Development Act'' (passed the House by voice vote on
October 14, 2009); H.R. 2650, the ``Coast Guard Modernization
Act of 2009'' (ordered reported on June 4, 2009); H.R. 2652,
the ``Maritime Safety Act of 2009'' (ordered reported on June
4, 2009); H.R. 3360, the ``Cruise Vessel Security and Safety
Act of 2009'' (ordered reported on July 30, 2009); and H.R.
3376, the ``United States Mariner and Vessel Protection Act of
2009'' (ordered reported on July 30, 2009).
Record Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each roll call
vote on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. During consideration of H.R. 3619, the Committee
adopted two amendments to the bill. There were no recorded
votes taken in connection consideration of H.R. 3619 or
ordering H.R. 3619, as amended, reported. A motion to order
H.R. 3619, as amended, reported favorably to the House was
agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance with House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
section 308(a) of the Congressional Budget Act of 1974, the
Committee references the report of the Congressional Budget
Office included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
authorize funding for personnel and activities of the United
States Coast Guard and make changes to maritime transportation
law.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R.
3619, as amended, from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 2, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3619, the Coast
Guard Authorization Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Douglas W. Elmendorf, Director).
Enclosure.
H.R. 3619--Coast Guard Authorization Act of 2010
Summary: H.R. 3619 would amend various laws that govern the
activities of the U.S. Coast Guard (USCG). The bill also would
authorize appropriations totaling $9 billion through fiscal
year 2014, primarily for ongoing USCG operations during fiscal
year 2010. CBO estimates that appropriating the amounts
specifically authorized by the bill or estimated to be
necessary to carry out certain titles would result in
discretionary spending of about $8.8 billion over the 2010-2014
period.
Implementing title V, which addresses the Coast Guard's
acquisition practices, could result in future savings in
discretionary spending, but CBO cannot estimate such savings or
clearly identify how much of that savings should be attributed
to the legislation rather than to reforms that the Coast Guard
has already begun implementing under existing authority.
H.R. 3619 could increase revenues from civil penalties, but
CBO estimates that any such increases would be less than
$500,000 a year.
Other provisions of the bill also would affect direct
spending, primarily by directing the Coast Guard to donate
rather than sell certain property (resulting in a loss of
offsetting receipts). We estimate that those provisions would
increase direct spending by a total of $3 million over the
2010-2019 period.
H.R. 3619 contains intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
because it would impose new requirements on vessel owners and
operators and others in the maritime industry. The bill also
would increase the costs of complying with existing mandates
related to protections for active-duty personnel in the Coast
Guard. The aggregate costs of the mandates in the bill on
private-sector entities are uncertain because many of them
would depend on regulations to be developed under the bill.
Consequently, CBO cannot determine whether those costs would
exceed the annual threshold established in UMRA for private-
sector mandates ($139 million in 2009, adjusted annually for
inflation). CBO estimates that such costs would not exceed the
annual threshold established in UMRA for intergovernmental
mandates ($69 million in 2009, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary effects of H.R. 3619 are summarized in the following
table, The costs of this legislation fall within budget
functions 300 (natural resources and environment) and 400
(transportation).
Basis of estimate: For this estimate, CBO assumes that H.R.
3619 will be enacted early in fiscal year 2010 and that the
amounts specifically authorized by the bill or estimated to be
necessary will be appropriated for each year. Estimated outlays
are based on historical spending patterns for the authorized
activities.
Spending subject to appropriation
The authorization levels shown in the table are those
specified or estimated to be necessary for Coast Guard
activities and for certain new programs of the Department of
Transportation (DOT). The table excludes $25 million to be
derived from the Oil Spill Liability Trust Fund (OSLTF) for
USCG operating and research expenses because that amount is
already authorized under existing law.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION1
Reauthorization of USCG activities:2
Authorization level...................................... 8,604 0 0 0 0 8,604
Estimated outlays........................................ 5,742 1,514 664 380 128 8,428
Great Lakes icebreaker replacement:
Authorization level...................................... 153 0 0 0 0 153
Estimated outlays........................................ 18 38 34 28 17 135
USCG acquisition reform:
Estimated authorization level............................ 5 0 0 0 0 5
Estimated outlays........................................ 3 2 0 0 0 5
Maritime workforce development:
Authorization level...................................... 22 22 22 22 22 110
Estimated outlays........................................ 14 17 19 19 20 89
Marine safety:
Estimated authorization level............................ 8 8 8 8 8 40
Estimated outlays........................................ 6 8 9 9 8 40
Other grants, studies, and programs:
Estimated authorization level............................ 16 14 24 24 21 100
Estimated outlays........................................ 13 15 22 24 22 96
Total proposed changes:
Estimated authorization level........................ 8,808 44 54 54 51 9,011
Estimated outlays.................................... 5,796 1,594 748 460 195 8,792
----------------------------------------------------------------------------------------------------------------
\1\Enacting H.R. 3619 would result in small increases in revenues from criminal and civil fines and penalties
(and associated direct spending from the Crime Victims Fund), but CBO estimates that those changes would be
insignificant. We also expect that enacting the bill could result in additional direct spending associated
with extending expiring maritime documents and with conveying certain Coast Guard property. In total, those
provisions would increase direct spending by an estimated $3 million over the 2010-2019 period.
\2\The USCG received appropriations totaling about $8.3 billion for fiscal year 2009, including $240 million
under the American Recovery and Reinvestment Act of 2009.
Note: USCG--U.S. Coast Guard; components may not sum to totals because of rounding.
Reauthorization of USCG Activities. Title I would
reauthorize funding for ongoing USCG activities for 2010.
Specifically, the title would authorize the appropriation of
about $6.9 billion for USCG operations (including $134 million
for reserve training and $13 million for environmental
compliance), about $1.6 billion for capital acquisitions, $16
million for the alteration of bridges, and nearly $30 million
for research programs. Of the amounts authorized by title I,
$45 million would be derived from the OSLTF.
CBO estimates that appropriating the amounts specified in
title I for ongoing USCG activities would cost $8.4 billion
over the 2010-2014 period. About $180 million of the authorized
amounts would be spent after 2014.
Title I also would authorize the appropriation of about
$1.4 billion for Coast Guard retirement benefits in fiscal year
2010, but that amount is excluded from this estimate because
such benefits are considered an entitlement under current law
and are not subject to appropriation. Thus, authorizing the
$1.4 billion would have no additional budgetary impact.
Great Lakes Icebreaker Replacement. Title IV would
authorize the appropriation of $153 million to construct an
icebreaker ship for the Coast Guard to use on the Great Lakes.
Assuming appropriation of the authorized amount, CBO estimate
that building the new icebreaker would cost $135 million over
the 2010-2014 period. The remaining $18 million would be spent
after 2014.
USCG Acquisition Reform. Title V addresses the contracting
practices used by the Coast Guard to acquire capital assets
such as vessels and aircraft. Assuming appropriation of the
necessary amounts, CBO estimate that implementing title V would
cost the USCG about $5 million over the next two years, mostly
to develop life-cycle cost estimates for current acquisition
initiatives. We estimate that other administrative costs for
additional testing and certification (and to develop life-cycle
cost estimates for major acquisition initiatives in the future)
would not significantly affect the agency's annual budget.
Title V would restrict the Coast Guard's reliance on
private entities to manage major acquisitions and would require
the agency to revise other procurement practices to rectify
problems identified by the Department of Defense (DoD) and
other federal agencies. It also would require that many future
acquisitions be open to competition and be subject to specified
testing, analysis, and certification requirements. Finally, the
title would require the Coast Guard to hire additional
contracting and management personnel and to produce various
reports on its acquisition activities.
The contracting reforms required by H.R. 3619 could result
in lower procurement expenditures in the future. Much of the
long-term savings, however, might occur even in the absence of
the legislation because the Coast Guard is already implementing
many of those reforms, including hiring additional contracting
personnel. CBO cannot estimate the likely size of cost savings
from improving procurement practices or clearly identify what
proportion of such savings would be attributable to the
legislation and what share would result from changes that the
Coast Guard is already implementing.
Any savings realized by the Coast Guard as a result of the
legislation would depend on future changes in the level of
discretionary appropriations for capital acquisitions. Annual
funding for Coast Guard acquisition has risen rapidly in recent
years--from about $640 million in fiscal year 2002 to nearly
$1.6 billion for 2009. (The 2009 figure includes nearly $100
million provided by the American Recovery and Reinvestment Act
of 2009.) Most of the increase over this period stems from new
funding for the Integrated Deepwater Initiative, which will
provide for the replacement of many of the agency's vessels,
aircraft, and other assets at an estimated cost of between $25
billion to $30 billion over the next 25 years.
Maritime Workforce Development. Title VI would authorize
appropriations totaling $110 million over the 2010-2014 period
(and $22 million in 2015) for DOT's Maritime Administration to
provide loans and grants to students attending certain maritime
training institutions.
Of the amounts authorized by title VI, $10 million would be
available in each of fiscal years 2010 through 2015 for loans
to students that enroll in one of the six state maritime
academies or in another maritime training institution operated
by a commercial and nonprofit organization. The legislation
also would authorize the appropriation of $1 million in each
year over the same period to administer the new loan program.
Under the bill, principal and interest payments made by the
borrower would be deposited into a revolving loan fund and
would be available to cover administrative costs as well as to
make new loans without further appropriation action.
The Federal Credit Reform Act (FCRA) requires that the
budgetary impact of federal credit programs, including the loan
program that would be established by this legislation, be
measured in terms of the net present value of estimated cash
flow. That measure is known as the subsidy cost. Under FCRA,
agencies must receive an appropriation equal to the estimated
subsidy cost before making loans. FCRA further specifies that
repayments of loans are unavailable for spending and that new
loan obligations may be made only to the extent that new budget
authority is provided in advance. In other words, direct loan
repayments are not available to ``revolve'' into new loans.
Instead, such repayments are a means of financing the original
loans. In CBO's view, the concept of using loan repayments to
cover administrative costs and make new loans, as proposed in
title VI, is inconsistent with the requirements of FCRA. It is
possible that this inconsistency would result in the program
not being implemented or being implemented in a form other than
that proposed by the bill.
For the purposes of this estimate, CBO assumes that the
loan program would be implemented as directed by the
legislation and that amounts collected from loan repayments
would be available to the program for administrative expenses
and to make new loans. In that case, the effective subsidy cost
of the loans would be 100 percent because cash flows into the
government from borrower repayment would not be credited to the
original loan (as normally would be required under FCRA) but
would be used to cover other costs of the program. Therefore,
CBO estimates that the provision of $60 million in loan subsidy
over the 2010-2015 period, as authorized by the bill, would
yield a loan volume of $60 million.
Based on expected demand for student loans and historical
expenditures of other loan programs operated by the Maritime
Administration, CBO estimates that implementing the new loan
program would cost $37 million over the next five years,
including $5 million for administrative costs, and $29 million
after 2014.
The title also would authorize the appropriation of $10
million in each of fiscal years 2010 through 2015 for grants to
maritime training institutions to establish demonstration
projects to increase mariner recruitment, training, and
retention. The legislation would authorize the appropriation of
$1 million in each year over the same period to administer the
new grants. Based on the historical spending pattern of other
grant programs operated by the agency, CBO estimates that
implementing this provision would cost $52 million over the
next five years, including $5 million for administration, and
$14 million after 2014.
Marine Safety. Title VIII would amend laws governing marine
safety programs carried out by the Coast Guard. CBO estimates
that implementing title VIII would cost $40 million over the
2010-2014 period, assuming appropriation of the amounts
specifically authorized by the title or estimated to be
necessary for regulatory and administrative expenses.
Title VIII would authorize the appropriation of $3 million
annually (through 2014) for each of two new programs to fund
grants to state, local, or other nonfederal entities. The
grants would be awarded by the Coast Guard for research and
training to improve safety on fishing vessels. In addition, the
title would authorize $1 million for a study on the use of
blended fuels by marine vessels. CBO estimates that
appropriating the amounts specifically authorized by title VIII
would cost $31 million over the 2010-2014 period.
The title also would require the Coast Guard to promulgate
and enforce new rules and regulations addressing other marine
safety issues, including recordkeeping, safety equipment, and
spill protection for vessels that carry over 600 cubic meters
of fuel oil. In addition, the title would extend the life of
several advisory committees, some of which receive financial
support from the Coast Guard. Based on information provided by
the agency, CBO estimates that carrying out the required
studies and rulemakings and supporting advisory committees
would cost about $9 million over the 2010-2014 period.
Other Grants, Studies, and Programs. H.R. 3619 would
authorize appropriations for several new programs, most of
which would be carried out by the Coast Guard. CBO estimates
that appropriating the authorized amounts would cost $96
million over the 2010-2014 period. (An additional $24 million
would be spent from those authorizations after 2014, including
$20 million authorized to be appropriated for 2015.) The
proposed authorizations include:
$7.5 million for programs to assist colleges and
other institutions that serve minority students. The programs
would include management internships, an aviation officer
initiative, and cooperative research laboratories.
$70 million over the 2010-2014 period (plus $20
million in 2015) to support shipping in the Arctic. The
proposed funding would support USCG programs such as aids to
navigation, icebreaking, oil spill prevention and response and
search and rescue. A portion of the funding ($5 million for
each of fiscal years 2011 through 2015) would be used by the
Department of Transportation for demonstration projects to
reduce vessel emission or discharges of pollutants.
$10 million over the 2010-2013 period for projects
carried out by the Great Lakes Maritime Research Institute.
$1 million for 2010 to conduct an assessment of
vessel traffic risk for Cook Inlet, Alaska.
$5 million for a study of an underground oil spill
on the Brooklyn shore of Newtown Creek in New York.
An estimated $6 million over the 2010-2014 period
to promulgate safety regulations, develop training curricula,
and establish certification and inspection procedures to
address the safety of passengers and crewmembers on cruise
vessels.
Based on information provided by the Coast Guard, CBO
estimates that carrying out the provisions of other titles of
the bill would have no significant effect on the agency's
operating budget. Those provisions include requirements to
reorganize leadership positions in the agency, provide
additional port security assets in the Virgin Islands, and
expand the use of canine teams to detect narcotics and
explosives at ports.
Direct spending
The bill would authorize the Coast Guard to sell about
three acres of property in Cheboygan, Michigan, and spend the
proceeds on environmental restoration projects.
Because such proceeds, if collected under current law,
could not be spent without further appropriation action,
enacting this provision would increase direct spending over the
2010-2019 period. CBO estimates that any such increase would be
about $1 million over the 2010-2019 period.
Several provisions of the bill would direct the USCG to
donate real and personal property to various parties such as
nonprofit organizations or local governments. CBO estimates
that one of the properties--a 5.5-acre parcel of land in the
city of Marquette, Michigan--has significant market value.
Based on local property values and on information provided by
the General Services Administration regarding disposal of
surplus USCG property, we estimate that donating the Marquette
parcel to the city (rather than selling it under existing
authority) would result in a loss of offsetting receipts of
about $2 million over the next 10 years. We expect that all of
the other affected property would either be retained by the
Coast Guard or eventually given to other entities under current
law; therefore, donating those assets would result in no loss
of offsetting receipts.
Title VIII would authorize the USCG to extend certain
expiring marine licenses, certificates of registry, and
merchant mariners' documents. Because the extension could delay
the collection of fees charged for renewal of such documents,
enacting this provision could reduce offsetting receipts
(considered an increase in direct spending) over the next year
or two. Some of those receipts may be spent without further
appropriation, however, to cover collection costs. CBO
estimates that the net effect on direct spending from enacting
this provision would be insignificant.
Intergovernmental and private-sector impact: H.R. 3619
contains intergovernmental and private-sector mandates as
defined in UMRA because it would impose new requirements on
vessel owners and operators and others in the maritime
industry. The bill also would increase the costs of complying
with existing mandates related to protections for active-duty
personnel in the Coast Guard. The aggregate costs of the
mandates in the bill on private-sector entities are uncertain
because many of them would depend on regulations to be
developed under the bill. Consequently, CBO cannot determine
whether those costs would exceed the annual threshold
established in UMRA for private-sector mandates ($139 million
in 2009, adjusted annually for inflation). CBO estimates that
such costs would not exceed the annual threshold established in
UMRA for intergovernmental mandates ($69 million in 2009,
adjusted annually for inflation).
UMRA excludes from the application of that act any
legislative provision that is necessary for the ratification or
implementation of international treaty obligations. CBO has
determined that section 812 of H.R. 3619 falls within that
exclusion; therefore, we have not reviewed it for
intergovernmental or private-sector mandates.
Mandates that apply to both public and private entities
Safety Equipment and Management Requirements. H.R. 3619
would require certain commercial and public vessels to carry
approved survival craft that ensure that no part of an
individual is immersed in water. All survival craft would have
to meet this standard by January 1, 2015. The costs to comply
with this mandate would depend on how the Coast Guard
implements the new standard. However, based on information
about the range in costs of survival crafts, CBO expects that
the cost of replacing hundreds of survival craft on private
vessels would probably be relatively small. Further, because
most public vessels do not use survival craft that immerse
individuals in water, CBO estimates that additional costs to
public entities would be minimal.
The bill also would require owners and operators of certain
domestic passenger vessels to implement safety management
procedures as determined by the Secretary of Homeland Security.
According to the Coast Guard and industry sources, the costs to
public and private entities could vary widely depending on the
coverage and scope of those procedures. However, only a small
number of public entities would be affected by those
requirements, and CBO estimates that the cost to those entities
to be small. Because a large number of private entities could
be affected by those requirements and the nature of future
regulations is uncertain, CBO cannot estimate the total cost of
this mandate to private entities.
Other Mandates on the Maritime Industry. The bill also
would impose new requirements on businesses in the maritime
industry. For example, the bill would impose new security
requirements on operators of hazardous material facilities;
require owners and operators of public and commercial vessels
to comply with new recordkeeping requirements; require ports to
include in their security plans provisions that allow crew
members, pilots, and representatives of crew members to leave
and reboard ships without paying escort fees; and provide
whistleblower protections for maritime employees. CBO estimates
that the additional costs to comply with those mandates would
be small because compliance probably would involve only small
adjustments, if any, in current procedures.
Increasing Authorized Coast Guard Personnel. The bill would
increase the costs of complying with existing intergovernmental
and private-sector mandates by increasing the number of active-
duty personnel in the Coast Guard. The additional personnel
would be eligible for protections under the Servicemembers
Civil Relief Act (SCRA). Under SCRA, servicemembers have the
right to maintain a single state of residence for purposes of
paying state and local personal income taxes. They also have
the right to request a deferral in the payment of certain state
and local taxes and fees. SCRA also requires creditors to
charge no more than 6 percent interest on servicemembers'
obligations when such obligations predate active-duty service
and allows courts to temporarily stay certain civil
proceedings, such as evictions, foreclosures, and
repossessions. Extending these existing protections to
additional servicemembers would constitute mandates as defined
in UMRA and could result in lost revenues to government and
private-sector entities.
The number of active-duty servicemembers covered by SCRA
would increase by less than 1 percent, CBO estimates.
Servicemembers' utilization of the various provisions of the
SCRA depends on a number of uncertain factors, including how
often and how long they are deployed. CBO expects, however,
that relatively few of the added servicemembers would take
advantage of the deferrals in certain state and local tax
payments; the lost revenues to those governments thus would be
insignificant. Moreover, because the increase in the number of
active-duty servicemembers covered by SCRA would be so small,
CBO expects that the increased costs for private-sector
entities also would be small.
Mandates that apply to private entities only
Safety Requirements for Cruise Vessels. Owners and
operators of cruise vessels would be required to meet certain
safety standards, post information about the location of U.S.
embassies and consulates for countries on the voyage itinerary,
and limit crew access to passenger cabins. The bill also would
require cruise lines to maintain a log book of alleged crimes,
report suspected criminal activities that occur on their
vessels to the appropriate law enforcement authorities, and
provide online access to data on criminal acts that occur on
cruise vessels. In addition, the bill would require cruise
lines to adhere to specific procedures when assisting victims
of a sexual assault and to carry certain medical supplies and
equipment designated for use in such cases. Lastly, cruise
lines would be required to have at least one crewmember trained
in crime scene investigation onboard while the vessel is in
service.
According to the Maritime Administration and the U.S. Coast
Guard, between 125 and 150 cruise vessels that access U.S.
ports would have to comply with the requirements in the bill.
Industry representatives indicate that those vessels already
comply with most of the bill's requirements and that any needed
adjustments in current practice would probably be minor. CBO
therefore expects that the incremental costs of the mandates
would fall below the annual threshold established in UMRA.
Safety Requirements for Commercial Fishing Vessels. H.R.
3619 would impose new safety requirements on owners and
operators of commercial fishing vessels. The bill would require
the individuals in charge of commercial fishing vessel
operating beyond three nautical miles of the U.S. coast to keep
a record of equipment maintenance and to pass a safety training
program and a refresher training once every five years. The
cost of recordkeeping would be minimal. The new safety training
program, however, would have to include training in collision
prevention, personal survival, and emergency medical care.
According to industry sources, the cost of similar training
programs currently available is between $100 and $500 per
person. Those sources also indicate that thousands of U.S.
commercial fishing captains nationwide and others would have to
comply with the training requirement. The bill would establish
a grant program to provide funding for training on commercial
fishing safety.
The bill also would establish safety equipment standards
for certain commercial fishing vessels operating beyond three
nautical miles of the coast. In addition, beginning in 2010,
the bill would require that such vessels that are less than 50
feet in length be constructed in a manner that provides a level
of safety equivalent to the minimum safety standards
established by the Coast Guard that apply to recreational
vessels. The cost to comply with those mandates would depend on
the standards to be set by the Coast Guard.
Safety Requirements for Other Vessels. The bill would
authorize the Coast Guard to establish standards for the use of
emergency locator beacons on recreational vessels and for the
installation and use of lifesaving devices on non-propelled
vessels such as barges. If the Coast Guard establishes either
of those standards, it would impose a private-sector mandate.
CBO cannot estimate the cost of complying with the mandate
because it would depend on future regulations.
The bill also would require all oil tankers in Prince
William Sound to be escorted by two towing vessels. Current law
only requires two escort vessels for single-hulled tankers.
Because the current practice is to provide two escort vessels
for all tankers, CBO estimates that the incremental cost to
comply with the mandate would be minimal.
Previous CBO estimates
On September 24, 2009, CBO transmitted a cost estimate for
S. 1194, the Coast Guard Authorization Act of Fiscal Years 2010
and 2011, as ordered reported by the Senate Committee on
Commerce, Science, and Transportation on July 8, 2009. The
Senate bill contains lower funding levels for most activities,
would authorize appropriations for both 2010 and 2011 rather
than just 2010, and would include authorizations for some
programs carried out by the National Oceanic and Atmospheric
Administration. The CBO cost estimates for the two versions of
the legislation reflect those differences. The estimates also
reflect the costs of carrying out other titles added to H.R.
3616 for cruiseship safety, maritime security, and other
activities.
On June 10, 2009, CBO transmitted a cost estimate for S.
685, the Oil Spill Prevention Act of 2009, as ordered reported
by the Senate Committee on Commerce, Science, and
Transportation on May 20, 2009. The CBO estimate of that
legislation is the same for similar provisions in title VIII of
H.R. 3619.
CBO also submitted cost estimates for several pieces of
legislation that were previously ordered reported by the House
Committee on Transportation and Infrastructure that are also
contained in H.R. 3619. Those include:
H.R. 1747, the Great Lakes Icebreaker
Replacement Act, as ordered reported on April 2, 2009
(estimate transmitted on April 15, 2009);
H.R. 1665, the Coast Guard Acquisition
Reform Act of 2009, as ordered reported on April 2,
2009 (estimate transmitted on April 15, 2009);
H.R. 2652, the Maritime Safety Act of 2009,
as ordered reported on June 4, 2009 (estimate
transmitted on June 23, 2009);
H.R. 2650, the Coast Guard Modernization Act
of 2009, as ordered reported on June 4, 2009 (estimate
transmitted on June 23, 2009);
H.R. 2651, the Maritime Workforce
Development Act, as ordered reported on June 4, 2009
(estimate transmitted on July 13, 2009);
H.R. 3376, the United States Mariner and
Vessel Protection Act of 2009, as ordered reported on
July 30, 2009, (estimate transmitted on August 13,
2009); and
H.R. 3360, the Cruise Vessel Security and
Safety Act of 2009, as ordered reported on July 30,
2009 (estimate transmitted on August 19, 2009).
The CBO cost estimates for those earlier bills or acts are
the same as those for similar provisions contained in H.R.
3619.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Ryan Miller; Impact on
the Private Sector: Amy Petz and Samuel Wise.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. The
Committee has required Members of Congress to comply with all
requirements of clause 9(e), 9(f), and 9(g) of rule XXI. The
following table provides the list of such provisions included
in the bill:
------------------------------------------------------------------------
Description of
Section provision Requested by
------------------------------------------------------------------------
1301............................ Certificate of Corrine Brown
Documentation for
GALLANT LADY.
1302............................ Certificate of Don Young
Documentation for
OCEAN VERITAS.
1302............................ Certificate of Wally Herger
Documentation for
MAYA.
1302............................ Certificate of John M. McHugh
Documentation for
ZIPPER.
1302............................ Certificate of Jay Inslee
Documentation for Jim McDermott
GULF DIVER IV.
1302............................ Certificate of James A. Himes
Documentation for
M/V GEYSIR.
1304............................ Conveyance of William D.
Coast Guard Boat Delahunt
House, Nantucket,
Massachusetts.
1307............................ Conveyance of Don Young
Decommissioned
Coast Guard
Cutter Storis.
1308............................ Conveyance of Elijah E. Cummings
Coast Guard of HU-
25 Falcon Jet
Aircraft.
1312............................ Study of Brian Higgins
Relocation of
Coast Guard
Sector Buffalo
Facilities.
1313............................ Conveyance of Bennie G. Thompson
Coast Guard
Vessels to
Mississippi.
1317............................ Study of Regional Norman D. Dicks
Response Vessel
and Salvage
Capability for
Olympic Peninsula
Coast, Washington.
1321............................ Conveyance of Peter T. King
Coast Guard
Vessels to Nassau
County, New York.
1322............................ Newton Creek, New Nydia M. Velazquez
York, NY.
1323............................ Land Conveyance, Bart Stupak
Coast Guard
Property in
Marquette County,
Michigan, to the
city of
Marquette,
Michigan.
1324............................ Mission Henry Cuellar
Requirement
Analysis for
Navigable
Portions of the
Rio Grande River,
Texas,
International
Water Boundary.
1325............................ Conveyance of Bart Stupak
Coast Guard
Property in
Cheboygan,
Michigan.
------------------------------------------------------------------------
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the ``Unfunded Mandates
Reform Act'' (P.L. 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 3619 does not
preempt any state, local or tribal law.
Advisory Committee Statement
This legislation extends the termination dates for several
advisory committees, as defined by section 3 of the Federal
Advisory Committee Act, including the: Great Lakes Pilotage
Advisory Committee, National Boating Safety Advisory Committee,
Houston-Galveston Navigation Safety Advisory Committee, Lower
Mississippi River Waterway Safety Advisory Committee, Towing
Safety Advisory Committee, Navigation Safety Advisory Council,
and the National Maritime Security Advisory Committee. The
Committee finds pursuant to section 5 of the Federal Advisory
Committee Act that none of the functions of the proposed
advisory committees are being or could be performed by one or
more agencies or by an advisory committee already in existence.
The Committee also determines that these advisory committees
have a clearly defined purpose, fairly balanced membership, and
meets all of the other requirements of section 5(b) of the
Federal Advisory Committee Act.
Applicability to the Legislative Branch
The Committee finds that the resolution does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 14, UNITED STATES CODE
* * * * * * *
PART I--REGULAR COAST GUARD
* * * * * * *
CHAPTER 3--COMPOSITION AND ORGANIZATION
Sec.
41. Grades and ratings.
* * * * * * *
[42. Number and distribution of commissioned officers.]
42. Number and distribution of commissioned officers on active duty
promotion list.
* * * * * * *
[47. Vice Commandant; assignment.
[50. Area Commanders.
[50a. Chief of Staff.]
47. Vice Commandant; appointment.
50. Vice admirals.
* * * * * * *
[52. Vice admirals, continuity of grade.]
52. Vice admirals and admirals, continuity of grade.
* * * * * * *
55. District Ombudsmen.
56. Chief Acquisition Officer.
57. Marine safety workforce.
58. Centers of Expertise for Marine Safety.
59. Marine industry training program.
* * * * * * *
Sec. 41. Grades and ratings
In the Coast Guard there shall be [an admiral,] admirals;
vice admirals; rear admirals; rear admirals (lower half);
captains; commanders; lieutenant commanders; lieutenants;
lieutenants (junior grade); ensigns; chief warrant officers;
cadets; warrant officers; and enlisted members. Enlisted
members shall be distributed in ratings established by the
Secretary.
[Sec. 42. Number and distribution of commissioned officers
[(a) The total number of commissioned officers, excluding
commissioned warrant officers, on active duty in the Coast
Guard shall not exceed 6,700 in each fiscal year 2004, 2005,
and 2006.
[(b) The commissioned officers on the active duty promotion
list shall be distributed in grade in the following
percentages, respectively: rear admiral 0.375; rear admiral
(lower half) 0.375; captain 6.0; commander 15.0; lieutenant
commander 22.0. The Secretary shall prescribe the percentages
applicable to the grades of lieutenant, lieutenant (junior
grade), and ensign. The Secretary may, as the needs of the
Coast Guard require, reduce the percentage applicable to any
grade above lieutenant commander, and in order to compensate
for such reduction increase correspondingly the percentage
applicable to any lower grade.
[(c) The Secretary shall, at least once each year, make a
computation to determine the number of officers on the active
duty promotion list authorized to be serving in each grade. The
number in each grade shall be computed by applying the
applicable percentage to the total number of such officers
serving on active duty on the date the computation is made. In
making computations under this section the nearest whole number
shall be regarded as the authorized number in any case where
there is a fraction in the final result.
[(d) The numbers resulting from such computations 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 who are not included on the active duty
promotion list, officers serving as extra numbers in grade
under sections 432 and 433 of this title, and officers serving
with other departments or agencies on a reimbursable basis or
excluded under the provisions of section 324(d) of title 49,
shall not be counted in determining authorized strengths under
subsection (c) and shall not count against those strengths. 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.]
Sec. 42. Number and distribution of commissioned officers on active
duty promotion list
(a) Maximum Total Number.--The total number of Coast Guard
commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed 6,700; except that
the Commandant may temporarily increase that number by up to 2
percent for no more than 60 days following the date of the
commissioning of a Coast Guard Academy class.
(b) Distribution Percentages by Grade.--
(1) Required.--The total number of commissioned
officers authorized by this section shall be
distributed in grade in the following percentages:
0.375 percent for rear admiral; 0.375 percent for rear
admiral (lower half); 6.0 percent for captain; 15.0
percent for commander; and 22.0 percent for lieutenant
commander.
(2) Discretionary.--The Secretary shall prescribe the
percentages applicable to the grades of lieutenant,
lieutenant (junior grade), and ensign.
(3) Authority of secretary to reduce percentage.--The
Secretary--
(A) may reduce, as the needs of the Coast
Guard require, any of the percentages set forth
in paragraph (1); and
(B) shall apply that total percentage
reduction to any other lower grade or
combination of lower grades.
(c) Computations.--
(1) In general.--The Secretary shall compute, at
least once each year, the total number of commissioned
officers authorized to serve in each grade by applying
the grade distribution percentages established by or
under this section to the total number of commissioned
officers listed on the current active duty promotion
list.
(2) Rounding fractions.--Subject to subsection (a),
in making the computations under paragraph (1), any
fraction shall be rounded to the nearest whole number.
(3) Treatment of officers serving outside coast
guard.--The number of commissioned officers on the
active duty promotion list below the rank of rear
admiral (lower half) serving with other Federal
departments or agencies on a reimbursable basis or
excluded under section 324(d) of title 49 shall not be
counted against the total number of commissioned
officers authorized to serve in each grade.
(d) Use of Numbers; Temporary Increases.--The numbers
resulting from computations under subsection (c) shall be, for
all purposes, the authorized number in each grade; except that
the authorized number for a grade is temporarily increased
during the period between one computation and the next by the
number of officers originally appointed in that grade during
that period and the number of officers of that grade for whom
vacancies exist in the next higher grade but whose promotion
has been delayed for any reason.
(e) Officers Serving Coast Guard Academy and Reserve.--The
number of officers authorized to be serving on active duty in
each grade of the permanent commissioned teaching staff of the
Coast Guard Academy and of the Reserve serving in connection
with organizing, administering, recruiting, instructing, or
training the reserve components shall be prescribed by the
Secretary.
* * * * * * *
Sec. 47. Vice Commandant; [assignment] appointment
The President may appoint, by and with the advice and consent
of the Senate, one Vice Commandant who shall rank next after
the Commandant, shall perform such duties as the Commandant may
prescribe and shall act as Commandant during the absence or
disability of the Commandant or in the event that there is a
vacancy in the office of Commandant. The Vice Commandant shall
be selected from the officers on the active duty promotion list
serving above the grade of captain. The Commandant shall make
recommendation for such appointment. The Vice Commandant shall,
while so serving, have the grade of [vice admiral] admiral with
pay and allowances of that grade. The appointment and grade of
a Vice Commandant shall be effective on the date the officer
assumes that duty, and shall terminate on the date the officer
is detached from that duty, except as provided in [subsection]
section 51(d) of this title.
[Sec. 50. Area commanders
[(a) The President may appoint, by and with the advice and
consent of the Senate, a Commander, Atlantic Area, and a
Commander, Pacific Area, each of whom shall be an intermediate
commander between the Commandant and the district commanders in
his respective area and shall perform such duties as the
Commandant may prescribe. The area commanders shall be
appointed from officers on the active duty promotion list
serving above the grade of captain. The Commandant shall make
recommendations for such appointments.
[(b) An area commander shall, while so serving, have the
grade of vice admiral with pay and allowances of that grade.
The appointment and grade of an area commander shall be
effective on the date the officer assumes that duty, and shall
terminate on the date the officer is detached from that duty,
except as provided in subsection 51(d) of this title.
[Sec. 50a. Chief of Staff
[(a) The President may appoint, by and with the advice and
consent of the Senate, a Chief of Staff of the Coast Guard who
shall rank next after the area commanders and who shall perform
duties as prescribed by the Commandant. The Chief of Staff
shall be appointed from the officers on the active duty
promotion list serving above the grade of captain. The
Commandant shall make recommendations for the appointment.
[(b) The Chief of Staff shall have the grade of vice admiral
with the pay and allowances of that grade. The appointment and
grade of the Chief of Staff shall be effective on the date the
officer assumes that duty, and shall terminate on the date the
officer is detached from that duty, except as provided in
section 51(d) of this title.]
Sec. 50. Vice admirals
(a)(1) The President may designate 4 positions of importance
and responsibility that shall be held by officers who--
(A) while so serving, shall have the grade of vice
admiral, with the pay and allowances of that grade; and
(B) shall perform any duties as the Commandant may
prescribe.
(2) The 4 vice admiral positions authorized under paragraph
(1) are, respectively, the following:
(A) The Deputy Commandant for Mission Support.
(B) The Deputy Commandant for Operations and Policy.
(C) The Commander, Force Readiness Command.
(D) The Commander, Operations Command.
(3) The President may appoint, by and with the advice and
consent of the Senate, and reappoint, by and with the advice
and consent of the Senate, to each of the positions designated
under paragraph (1) an officer of the Coast Guard who is
serving on active duty above the grade of captain. The
Commandant shall make recommendations for those appointments.
(4)(A) Except as provided in subparagraph (B), the Deputy
Commandant for Operations and Policy must have at least 10
years experience in vessel inspection, marine casualty
investigations, mariner licensing, or an equivalent technical
expertise in the design and construction of commercial vessels,
with at least 4 years of leadership experience at a staff or
unit carrying out marine safety functions.
(B) The requirements of subparagraph (A) do not apply to such
Deputy Commandant if the subordinate officer serving in the
grade of rear admiral with responsibilities for marine safety,
security, and stewardship possesses that experience.
(b)(1) The appointment and the grade of vice admiral under
this section shall be effective on the date the officer assumes
that duty and, except as provided in paragraph (2) of this
subsection or in section 51(d) of this title, shall terminate
on the date the officer is detached from that duty.
(2) An officer who is appointed to a position designated
under subsection (a) shall continue to hold the grade of vice
admiral--
(A) while under orders transferring the officer to
another position designated under subsection (a),
beginning on the date the officer is detached from duty
and terminating on the date before the day the officer
assumes the subsequent duty, but not for more than 60
days;
(B) while hospitalized, beginning on the day of the
hospitalization and ending on the day the officer is
discharged from the hospital, but not for more than 180
days; and
(C) while awaiting retirement, beginning on the date
the officer is detached from duty and ending on the day
before the officer's retirement, but not for more than
60 days.
(c)(1) An appointment of an officer under subsection (a) does
not vacate the permanent grade held by the officer.
(2) An officer serving in a grade above rear admiral who
holds the permanent grade of rear admiral (lower half) shall be
considered for promotion to the permanent grade of rear admiral
as if the officer was serving in the officer's permanent grade.
(d) Whenever a vacancy occurs in a position designated under
subsection (a), the Commandant shall inform the President of
the qualifications needed by an officer serving in that
position to carry out effectively the duties and
responsibilities of that position.
Sec. 51. Retirement
[(a) An officer who, while serving in the grade of vice
admiral, is retired for physical disability shall be placed on
the retired list with the grade of vice admiral.
[(b) An officer who is retired while serving in the grade of
vice admiral, or who, after serving at least two and one-half
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 grade of vice admiral.
[(c) An officer who, after serving less than two and one-half
years in the grade of vice admiral, is retired while serving in
a lower grade, shall be retired in his permanent grade.]
(a) An officer, other than the Commandant, who, while serving
in the grade of admiral or vice admiral, is retired for
physical disability shall be placed on the retired list with
the highest grade in which that officer served.
(b) An officer, other than the Commandant, who is retired
while serving in the grade of admiral or vice admiral, or who,
after serving at least two and one-half years in the grade of
admiral or vice admiral, is retired while serving in a lower
grade, may in the discretion of the President, be retired with
the highest grade in which that officer served.
(c) An officer, other than the Commandant, who, after serving
less than two and one-half years in the grade of admiral or
vice admiral, is retired while serving in a lower grade, shall
be retired in his permanent grade.
(d) An officer serving in the grade of admiral or vice
admiral shall continue to hold that grade--
(1) * * *
(2) while awaiting retirement, beginning on the day
that officer is relieved from the position of
Commandant, Vice Commandant, [Area Commander, or Chief
of Staff] or Vice Admirals and ending on the day before
the officer's retirement, but not for more than 60
days.
Sec. 52. Vice admirals and admirals, continuity of grade
The continuity of an officer's precedence on the active duty
promotion list, date of rank, grade, pay, and allowances as a
vice admiral or admiral shall not be interrupted by the
termination of an appointment for the purpose of reappointment
to another position as a vice admiral or admiral.
* * * * * * *
Sec. 55. District Ombudsmen
(a) In General.--The Commandant shall appoint an employee of
the Coast Guard in each Coast Guard District as a District
Ombudsman to serve as a liaison between ports, terminal
operators, shipowners, and labor representatives and the Coast
Guard.
(b) Purpose.--The purpose of the District Ombudsman shall be
the following:
(1) To support the operations of the Coast Guard in
each port in the District for which the District
Ombudsman is appointed.
(2) To improve communications between and among port
stakeholders including, port and terminal operators,
ship owners, labor representatives, and the Coast
Guard.
(3) To seek to resolve disputes between the Coast
Guard and all petitioners regarding requirements
imposed or services provided by the Coast Guard.
(c) Functions.--
(1) Complaints.--The District Ombudsman may examine
complaints brought to the attention of the District
Ombudsman by a petitioner operating in a port or by
Coast Guard personnel.
(2) Guidelines for disputes.--
(A) In general.--The District Ombudsman shall
develop guidelines regarding the types of
disputes with respect to which the District
Ombudsman will provide assistance.
(B) Limitation.--The District Ombudsman shall
not provide assistance with respect to a
dispute unless it involves the impact of Coast
Guard requirements on port business and the
flow of commerce.
(C) Priority.--In providing such assistance,
the District Ombudsman shall give priority to
complaints brought by petitioners who believe
they will suffer a significant hardship as the
result of implementing a Coast Guard
requirement or being denied a Coast Guard
service.
(3) Consultation.--The District Ombudsman may consult
with any Coast Guard personnel who can aid in the
investigation of a complaint.
(4) Access to information.--The District Ombudsman
shall have access to any Coast Guard document,
including any record or report, that will aid the
District Ombudsman in obtaining the information needed
to conduct an investigation of a compliant.
(5) Reports.--At the conclusion of an investigation,
the District Ombudsman shall submit a report on the
findings and recommendations of the District Ombudsman,
to the Commander of the District in which the
petitioner who brought the complaint is located or
operating.
(6) Deadline.--The District Ombudsman shall seek to
resolve each complaint brought in accordance with the
guidelines--
(A) in a timely fashion; and
(B) not later than 4 months after the
complaint is officially accepted by the
District Ombudsman.
(d) Appointment.--The Commandant shall appoint as the
District Ombudsman a civilian who has experience in port and
transportation systems and knowledge of port operations or of
maritime commerce (or both).
(e) Annual Reports.--The Secretary shall report annually to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the matters brought before the
District Ombudsmen, including--
(1) the number of matters brought before each
District Ombudsman;
(2) a brief summary of each such matter; and
(3) the eventual resolution of each such matter.
Sec. 56. Chief Acquisition Officer
(a) Establishment of Chief Acquisition Officer.--There shall
be in the Coast Guard a Chief Acquisition Officer selected by
the Commandant who shall be a Rear Admiral or civilian from the
Senior Executive Service (career reserved) and who meets the
qualifications set forth under subsection (b). The Chief
Acquisition Officer shall serve at the Assistant Commandant
level and have acquisition management as that individual's
primary duty.
(b) Qualifications.--
(1) The Chief Acquisition Officer and any Flag
Officer serving in the Acquisitions Directorate shall
be an acquisition professional with a program manager
level III certification and must have at least 10 years
experience in an acquisition position, of which at
least 4 years were spent in one of the following
qualifying positions:
(A) Program executive officer.
(B) Program manager of a Level 1 or Level 2
acquisition.
(C) Deputy program manager of a Level 1 or
Level 2 acquisition.
(D) Project manager for a Level 1 or Level 2
acquisition.
(E) Any other acquisition position of
significant responsibility in which the primary
duties are supervisory or management duties.
(2) The Commandant shall periodically publish a list
of the positions designated under this subsection.
(c) Authority and Functions of the Chief Acquisition
Officer.--The functions of the Chief Acquisition Officer shall
include--
(1) monitoring the performance of programs and
projects on the basis of applicable performance
measurements and advising the Commandant, through the
chain of command, regarding the appropriate business
strategy to achieve the missions of the Coast Guard;
(2) maximizing the use of full and open competition
at the prime contract and subcontract levels in the
acquisition of property, capabilities, assets, and
services by the Coast Guard by establishing policies,
procedures, and practices that ensure that the Coast
Guard receives a sufficient number of sealed bids or
competitive proposals from responsible sources to
fulfill the Government's requirements, including
performance and delivery schedules, at the lowest cost
or best value considering the nature of the property,
capability, asset, or service procured;
(3) making acquisition decisions in concurrence with
the technical authority of the Coast Guard, as
designated by the Commandant, and consistent with all
other applicable laws and decisions establishing
procedures within the Coast Guard;
(4) ensuring the use of detailed performance
specifications in instances in which performance based
contracting is used;
(5) managing the direction of acquisition policy for
the Coast Guard, including implementation of the unique
acquisition policies, regulations, and standards of the
Coast Guard;
(6) developing and maintaining an acquisition career
management program in the Coast Guard to ensure that
there is an adequate acquisition workforce;
(7) assessing the requirements established for Coast
Guard personnel regarding knowledge and skill in
acquisition resources and management and the adequacy
of such requirements for facilitating the achievement
of the performance goals established for acquisition
management;
(8) developing strategies and specific plans for
hiring, training, and professional development; and
(9) reporting to the Commandant, through the chain of
command, on the progress made in improving acquisition
management capability.
Sec. 57. Marine safety workforce
(a) Designation of Marine Safety Workforce.--
(1) In general.--The Secretary, acting through the
Commandant, shall designate those positions in the
Coast Guard that constitute the marine safety
workforce.
(2) Required positions.--In designating positions
under paragraph (1), the Secretary shall include, at a
minimum, the following marine safety-related positions:
(A) Program oversight.
(B) Vessel and facility inspection.
(C) Casualty investigation.
(D) Pollution investigation.
(E) Merchant Mariner licensing,
documentation, and registry.
(F) Marine safety engineering or other
technical activities.
(3) Marine safety management headquarter
activities.--The Secretary shall also designate under
paragraph (1) those marine safety-related positions
located at Coast Guard headquarters units, including
the Marine Safety Center and the National Maritime
Center.
(b) Career Paths.--The Secretary, acting through the
Commandant, shall ensure that appropriate career paths for
civilian and military Coast Guard personnel who wish to pursue
careers in marine safety are identified in terms of the
education, training, experience, and assignments necessary for
career progression of civilians and members of the Armed Forces
to the most senior marine safety positions. The Secretary shall
make available published information on such career paths.
(c) Qualifications.--With regard to the marine safety
workforce, an officer, member, or civilian employee of the
Coast Guard assigned as a--
(1) marine inspector shall have the training,
experience, and qualifications equivalent to that
required for a similar position at a classification
society recognized by the Secretary under section 3316
of title 46 for the type of vessel, system, or
equipment that is inspected;
(2) marine casualty investigator shall have training,
experience, and qualifications in investigation, marine
casualty reconstruction, evidence collection and
preservation, human factors, and documentation using
best investigation practices by Federal and non-Federal
entities; or
(3) marine safety engineer shall have knowledge,
skill, and practical experience in--
(A) the construction and operation of
commercial vessels;
(B) judging the character, strength,
stability, and safety qualities of such vessels
and their equipment; or
(C) the qualifications and training of vessel
personnel.
(d) Apprenticeship Requirement.--Any officer, member, or
employee of the Coast Guard in training to become a marine
inspector, marine casualty investigator, or a marine safety
engineer shall serve a minimum of one-year apprenticeship,
unless otherwise directed by the Commandant, under the guidance
of a qualified marine inspector, marine casualty investigator,
or marine safety engineer. The Commandant may authorize shorter
apprenticeship periods for certain qualifications, as
appropriate.
(e) Balanced Workforce Policy.--In the development of marine
safety workforce policies under this section with respect to
any civilian employees or applicants for employment with the
Coast Guard, the Secretary shall, consistent with the merit
system principles set out in paragraphs (1) and (2) of section
2301(b) of title 5, take into consideration the need to
maintain a balanced workforce in which women and members of
racial and ethnic minority groups are appropriately represented
in Government service.
(f) Management Information System.--The Secretary, acting
through the Commandant, shall establish a management
information system for the marine safety workforce that shall
provide, at a minimum, the following standardized information
on persons serving in marine safety positions:
(1) Qualifications, assignment history, and tenure in
assignments of persons in the marine safety workforce.
(2) Promotion rates for military and civilian
personnel in the marine safety workforce.
(g) Assessment of Adequacy of Marine Safety Workforce.--
(1) Report.--The Secretary, acting through the
Commandant, shall report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate by December 1 of each
year on the adequacy of the current marine safety
workforce to meet that anticipated workload.
(2) Contents.--The report shall specify the number of
civilian and military Coast Guard personnel currently
assigned to marine safety positions and shall identify
positions that are understaffed to meet the anticipated
marine safety workload.
(h) Sector Chief of Marine Safety.--
(1) In general.--There shall be in each Coast Guard
sector a Chief of Marine Safety who shall be at least a
Lieutenant Commander or civilian employee within the
grade GS-13 of the General Schedule, and who shall be
a--
(A) marine inspector, qualified to inspect
vessels, vessel systems, and equipment commonly
found in the sector; and
(B) qualified marine casualty investigator.
(2) Functions.--The Chief of Marine Safety for a
sector--
(A) is responsible for all individuals who,
on behalf of the Coast Guard, inspect or
examine vessels, conduct marine casualty
investigations; and
(B) if not the Coast Guard officer in command
of that sector, is the principal advisor to the
Sector Commander regarding marine safety
matters in that sector.
(i) Signatories of Letter of Qualification.--Each individual
signing a letter of qualification for marine safety personnel
must hold a letter of qualification for the type being
certified.
Sec. 58. Centers of Expertise for Marine Safety
(a) Establishment.--The Commandant of the Coast Guard may
establish and operate one or more Centers of Expertise for
Marine Safety (in this section referred to as a ``Center'').
(b) Missions.--The Centers shall--
(1) be used to provide and facilitate education,
training, and research in marine safety including
vessel inspection and causality investigation;
(2) develop a repository of information on marine
safety; and
(3) perform any other missions as the Commandant may
specify.
(c) Joint Operation With Educational Institution
Authorized.--The Commandant may enter into an agreement with an
appropriate official of an institution of higher education to--
(1) provide for joint operation of a Center; and
(2) provide necessary administrative services for a
Center, including administration and allocation of
funds.
(d) Acceptance of Donations.--(1) Except as provided in
paragraph (2), the Commandant may accept, on behalf of a
Center, donations to be used to defray the costs of the Center
or to enhance the operation of the Center. Those donations may
be accepted from any State or local government, any foreign
government, any foundation or other charitable organization
(including any that is organized or operates under the laws of
a foreign country), or any individual.
(2) The Commandant may not accept a donation under paragraph
(1) if the acceptance of the donation would compromise or
appear to compromise--
(A) the ability of the Coast Guard or the department
in which the Coast Guard is operating, any employee of
the Coast Guard or the department, or any member of the
Armed Forces to carry out any responsibility or duty in
a fair and objective manner; or
(B) the integrity of any program of the Coast Guard,
the department in which the Coast Guard is operating,
or of any person involved in such a program.
(3) The Commandant shall prescribe written guidance
setting forth the criteria to be used in determining
whether or not the acceptance of a donation from a
foreign source would have a result described in
paragraph (2).
Sec. 59. Marine industry training program
(a) In General.--The Commandant shall, by policy, establish a
program under which an officer, member, or employee of the
Coast Guard may be assigned to a private entity to further the
institutional interests of the Coast Guard with regard to
marine safety, including for the purpose of providing training
to an officer, member, or employee. Policies to carry out the
program--
(1) with regard to an employee of the Coast Guard,
shall include provisions, consistent with sections 3702
through 3704 of title 5, as to matters concerning--
(A) the duration and termination of
assignments;
(B) reimbursements; and
(C) status, entitlements, benefits, and
obligations of program participants; and
(2) shall require the Commandant, before approving
the assignment of an officer, member, or employee of
the Coast Guard to a private entity, to determine that
the assignment is an effective use of the Coast Guard's
funds, taking into account the best interests of the
Coast Guard and the costs and benefits of alternative
methods of achieving the same results and objectives.
(b) Annual Report.--Not later than the date of the submission
each year of the President's budget request under section 1105
of title 31, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that describes--
(1) the number of officers, members, and employees of
the Coast Guard assigned to private entities under this
section; and
(2) the specific benefit that accrues to the Coast
Guard for each assignment.
* * * * * * *
CHAPTER 5--FUNCTIONS AND POWERS
Sec.
81. Aids to navigation authorized.
* * * * * * *
99. Enforcement authority.
100. Enforcement of coastwise trade laws.
101. Marine safety.
102. Appeals and waivers.
* * * * * * *
Sec. 93. Commandant; general powers
(a) * * *
* * * * * * *
(c) Marine Safety Responsibilities.--In exercising the
Commandant's duties and responsibilities with regard to marine
safety, the individual with the highest rank who meets the
experience qualifications set forth in section 50(a)(4) shall
serve as the principal advisor to the Commandant regarding--
(1) the operation, regulation, inspection,
identification, manning, and measurement of vessels,
including plan approval and the application of load
lines;
(2) approval of materials, equipment, appliances, and
associated equipment;
(3) the reporting and investigation of marine
casualties and accidents;
(4) the licensing, certification, documentation,
protection and relief of merchant seamen;
(5) suspension and revocation of licenses and
certificates;
(6) enforcement of manning requirements, citizenship
requirements, control of log books;
(7) documentation and numbering of vessels;
(8) State boating safety programs;
(9) commercial instruments and maritime liens;
(10) the administration of bridge safety;
(11) administration of the navigation rules;
(12) the prevention of pollution from vessels;
(13) ports and waterways safety;
(14) waterways management; including regulation for
regattas and marine parades;
(15) aids to navigation; and
(16) other duties and powers of the Secretary related
to marine safety and stewardship.
(d) Other Authority Not Affected.--Nothing in subsection (c)
affects--
(1) the authority of Coast Guard officers and members
to enforce marine safety regulations using authority
under section 89 of this title; or
(2) the exercise of authority under section 91 of
this title and the provisions of law codified at
sections 191 through 195 of title 50 on the date of
enactment of this paragraph.
* * * * * * *
Sec. 96. Prohibition on overhaul, repair, and maintenance of Coast
Guard vessels in foreign shipyards
A Coast Guard vessel the home port of which is in [a State of
the United States] the United States or Guam may not be
overhauled, repaired, or maintained in a shipyard outside the
United States or Guam, other than in the case of voyage
repairs.
* * * * * * *
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.
Sec. 100. Enforcement of coastwise trade laws
Officers and members of the Coast Guard are authorized to
enforce chapter 551 of title 46. The Secretary shall establish
a program for these officers and members to enforce that
chapter, including the application of those laws to vessels
that support the exploration, development, and production of
oil, gas, or mineral resources in the Gulf of Mexico.
Sec. 101. Marine safety
To protect life, property, and the environment on, under, and
over waters subject to the jurisdiction of the United States
and on vessels subject to the jurisdiction of the United
States, the Commandant shall promote maritime safety as
follows:
(1) By taking actions necessary and in the public
interest to protect such life, property, and the
environment.
(2) Based on the following priorities:
(A) Preventing marine casualties and threats
to the environment.
(B) Minimizing the impacts of marine
casualties and environmental threats.
(C) Maximizing lives and property saved and
environment protected in the event of a marine
casualty.
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.
* * * * * * *
CHAPTER 7--COOPERATION WITH OTHER AGENCIES
Sec.
141. Cooperation with other agencies, States, territories, and
political subdivisions.
* * * * * * *
153. Appointment of judges.
* * * * * * *
Sec. 149. Assistance to foreign governments and maritime authorities
(a) * * *
* * * * * * *
(c) Grants to International Maritime Organizations.--After
consultation with the Secretary of State, the Commandant may
make grants to, or enter into cooperative agreements,
contracts, or other agreements with, international maritime
organizations for the purpose of acquiring information or data
about merchant vessel inspections, security, safety,
classification, and port state or flag state law enforcement or
oversight.
* * * * * * *
Sec. 151. Contracts with Government-owned establishments for work and
material
(a) In General.--All orders or contracts for work or
material, under authorization of law, placed with Government-
owned establishments by the Coast Guard, shall be considered as
obligations in the same manner as provided for similar orders
or contracts placed with private contractors, and
appropriations for such work or material shall remain available
for payment therefor as in the case of orders or contracts
placed with private contractors.
(b) Orders and Agreements for Industrial Activities.--Under
this section, the Coast Guard industrial activities may accept
orders from and enter into reimbursable agreements with
establishments, agencies, and departments of the Department of
Defense.
* * * * * * *
Sec. 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.
* * * * * * *
CHAPTER 9--COAST GUARD ACADEMY
Sec.
181. Administration of Academy.
* * * * * * *
199. Minority recruiting program.
200. Marine safety curriculum.
* * * * * * *
Sec. 182. Cadets; number, appointment, obligation to serve
[(a) The number of cadets appointed annually to the Academy
shall be as determined by the Secretary but the number
appointed in any one year shall not exceed six hundred.
Appointments to cadetships shall be made under regulations
prescribed by the Secretary, who shall determine age limits,
methods of selection of applicants, term of service as a cadet
before graduation, and all other matters affecting such
appointments. All such appointments shall be made without
regard to the sex, race, color, or religious beliefs of an
applicant. In the administration of this chapter, the Secretary
shall take such action as may be necessary and appropriate to
insure that female individuals shall be eligible for
appointment and admission to the Coast Guard Academy, and that
the relevant standards required for appointment, admission,
training, graduation, and commissioning of female individuals
shall be the same as those required for male individuals,
except for those minimum essential adjustments in such
standards required because of physiological differences between
male and female individuals. The Secretary may summarily
dismiss from the Coast Guard any cadet who, during his
cadetship, is found unsatisfactory in either studies or
conduct, or may be deemed not adapted for a career in the Coast
Guard. Cadets shall be subject to rules governing discipline
prescribed by the Commandant.]
(a) Corps of Cadets; Number; Nomination.--
(1) The authorized strength of the Corps of Cadets
(determined for any academic program year as of the day
before the last day of the academic program year) is
1,000, excluding those foreign nationals admitted for
instructions pursuant to section 195. Subject to that
limitation, cadets are selected as follows:
(A) Not more than 10 individuals, appointed
by the Secretary of Homeland Security, in order
of merit as established by competitive
examination, from the children of members of
the Armed Forces who were killed in action or
died of, or have a service-connected disability
at not less than 100 per centum resulting from,
wounds or injuries received or diseases
contracted in, or preexisting injury or disease
aggravated by, active service, children of
members who are in a ``missing status'' (as
defined in section 551(2) of title 37), and
children of civilian employees who are in
``missing status'' (as defined in section
5561(5) of title 5). The determination of the
Department of Veterans Affairs as to service
connection of the cause of death or disability
is rated, is binding upon the Secretary.
(B) Not less than one, nominated at large by
the Vice President or, if there is no Vice
President, by the President pro tempore of the
Senate.
(C) Not less than one, nominated by each
Senator.
(D) Not less than one, nominated by each
Representative in Congress.
(E) Not less than one, nominated by the
Delegate to the House of Representatives from
the District of Columbia, the Delegate in
Congress from the Virgin Islands, the Resident
Commissioner from Puerto Rico, the Delegate in
Congress from Guam, the Delegate in Congress
from American Samoa, or the Resident
Representative from the Commonwealth of the
Northern Mariana Islands.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner and the Resident
Representative, is entitled to nominate 10 persons each
year. Cadets who do not graduate on time shall not
count against the allocations pursuant to subparagraphs
(B)-(E). Nominees may be submitted without ranking or
with a principal candidate and 9 ranked or unranked
alternates. A nominee not selected for appointment
under this paragraph shall be considered an alternate
for the purposes of appointment under paragraph (2).
(2) The Secretary may appoint, each academic program
year, individuals who are either--
(A) alternates nominated pursuant to
paragraph (1) (C), (D), or (E); or
(B) applicants who applied directly for
admission.
(3) In addition, the Secretary may appoint, each
academic program year, individuals who are--
(A) children of members of the Armed Forces
who--
(i) are on active duty (other than
for training) and who have served
continuously on active duty for at
least eight years;
(ii) are, or who died while they
were, retired with pay or granted
retired or retainer pay;
(iii) are serving as members of
reserve components and are credited
with at least eight years of service;
(iv) would be, or who died while they
would have been, entitled to retired
pay, except for not having attained 60
years of age; or
(v) have been awarded the Medal of
Honor;
the total number of whom cannot exceed 5
percent of the class to be admitted; however, a
person who is eligible for selection under
subsection (a)(1)(A) may not be selected under
this subparagraph;
(B) enlisted members of the Coast Guard or
the Coast Guard Reserve, the total number of
whom cannot exceed 5 percent of the class to be
admitted;
(C) graduates of the Coast Guard Scholars
program, the total number of whom cannot exceed
30 percent of the class to be admitted; and
(D) individuals who possess qualities that
the Superintendent identifies to be of
particular value to the Academy and the
Service, the total number of whom cannot exceed
20 percent of the class to be admitted.
(4) An individual shall be qualified for nomination,
selection, and appointment as a cadet at the Academy
only if the individual--
(A) is a citizen or national of the United
States; and
(B) meets such minimum requirements that the
Secretary may establish.
(5) The Superintendent shall furnish to any Member of
Congress, upon the written request of such Member, the
name of the Congressman or other nominating authority
responsible for the nomination of any named or
identified person for appointment to the Academy.
(6) For purposes of the limitation in subsection
(a)(1) establishing the aggregate authorized strength
of the Corps of Cadets, the Secretary may, for any
academic program year, permit a variance in that
limitation by not more than 5 percent. In applying that
limitation, and any such variance, the last day of an
academic program year shall be considered to be
graduation day.
* * * * * * *
Sec. 199. Minority recruiting program
The Secretary of the department in which the Coast Guard is
operating shall establish a minority recruiting program for
prospective cadets at the Coast Guard Academy. The program may
include--
(1) use of minority cadets and officers to provide
information regarding the Coast Guard and the Academy
to students in high schools;
(2) sponsoring of trips to high school teachers and
guidance counselors to the Academy;
(3) to the extent authorized by the Secretary of the
Navy, maximizing the use of the Naval Academy
Preparatory School to prepare students to be cadets at
the Coast Guard Academy;
(4) recruiting minority members of the Coast Guard to
attend the Academy;
(5) establishment of a minority affairs office at the
Academy; and
(6) use of minority officers and members of the Coast
Guard Reserve and Auxiliary to promote the Academy.
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.
* * * * * * *
CHAPTER 11--PERSONNEL
Officers
a. appointments
Sec.
211. Original appointment of permanent commissioned officers.
* * * * * * *
[216. Director of Boating Safety Office]
* * * * * * *
d. discharges; retirements; revocation of commissions
* * * * * * *
[293. Compulsory retirement at age of sixty-two.]
293. Compulsory retirement.
* * * * * * *
GENERAL PROVISIONS
* * * * * * *
426. Emergency leave retention authority.
* * * * * * *
OFFICERS
A. Appointments
* * * * * * *
Sec. 214. Appointment of temporary officers
[(a) The President may appoint temporary commissioned
officers in the Regular Coast Guard in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers, warrant
officers, and enlisted members of the Coast Guard, and from
licensed officers of the United States merchant marine.]
(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. 216. Director of Boating Safety Office
[The initial appointment of the Director of the Boating
Safety Office shall be in the grade of Captain.]
* * * * * * *
B. Selection for Promotion
* * * * * * *
Sec. 253. Selection boards; notice of convening; communication with
board
(a) Before a board is convened under section 251 of this
title, notice of the convening date, the promotion zone to be
considered, and the officers eligible for consideration[, and
the number of officers the board may recommend for promotion]
shall be given to the service at large.
* * * * * * *
Sec. 258. Selection boards; information to be furnished boards
(a) In General.--The Secretary shall furnish the appropriate
selection board convened under section 251 of this title
with[:]--
(1) * * *
* * * * * * *
(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.
Sec. 259. Officers to be recommended for promotion
(a) A selection board convened to recommend officers for
promotion shall recommend those eligible officers whom the
board, 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, considers best qualified of the officers
under consideration for promotion. No officer may be
recommended for promotion unless he receives the recommendation
of at least a majority of the members of a board composed of
five members, or at least two-thirds of the members of a board
composed of more than five members.
* * * * * * *
Sec. 260. Selection boards; reports
(a) * * *
(b) A board convened under section 251 of this title shall
certify that, in the opinion of at least a majority of the
members if the board has five members, or in the opinion of at
least two-thirds of the members if the board has more than five
members, the officers recommended for promotion are the best
qualified for promotion to meet the needs of the service (as
noted in specific direction furnished the board by the
Secretary under section 258 of this title) of those officers
whose names have been furnished to the board.
* * * * * * *
D. Discharges; Retirements; Revocation of Commissions
* * * * * * *
Sec. 290. Rear admirals and rear admirals (lower half); continuation on
active duty; involuntary retirement
(a) The Secretary shall from time to time convene boards to
recommend for continuation on active duty the most senior
officers on the active duty promotion list serving in the grade
of rear admiral (lower half) or rear admiral who have not
previously been considered for continuation in that grade.
[Officers 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 in the grade of rear admiral.] Officers, other than
the Commandant, serving for the time being or who have served
in the grade of vice admiral or admiral are not subject to
consideration for continuation under this subsection, and as to
all other provisions of this section shall be considered as
having been continued in the grade of rear admiral. A board
shall consist of at least five officers serving in the grade of
vice admiral or as rear admirals previously continued. Boards
shall be convened frequently enough to assure that each officer
serving in the grade of rear admiral (lower half) or rear
admiral is subject to consideration for continuation during a
promotion year in which that officer completes not less than
four or more than five years combined service in the grades of
rear admiral (lower half) and rear admiral.
* * * * * * *
[Sec. 293. Compulsory retirement at age of sixty-two
[Any regular commissioned officer, except a commissioned
warrant officer, who has reached the age of sixty-two shall be
retired from active service.]
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.
* * * * * * *
GENERAL PROVISIONS
* * * * * * *
Sec. 426. Emergency leave retention authority
With regard to a member of the Coast Guard who serves on
active duty, a duty assignment in support of a declaration of a
major disaster or emergency by the President under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) shall be treated, for the purpose of
section 701(f)(2) of title 10, a duty assignment in support of
a contingency operation.
* * * * * * *
CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
Sec.
461. Remission of indebtedness of enlisted members upon discharge.
* * * * * * *
518. Reimbursement for medical-related travel expenses for certain
persons residing on islands in the continental US
* * * * * * *
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.
* * * * * * *
CHAPTER 17--ADMINISTRATION
* * * * * * *
Sec. 637. Stopping vessels; indemnity for firing at or into vessel
(a) * * *
* * * * * * *
(c) A vessel or aircraft is an authorized vessel or
authorized aircraft for purposes of this section if--
(1) it is a Coast Guard vessel or aircraft[; or];
(2) it is a surface naval vessel or military aircraft
on which one or more members of the Coast Guard are
assigned pursuant to section 379 of title 10[.]; or
(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.
Sec. 638. Coast Guard ensigns and pennants
(a) [Coast Guard vessels and aircraft] Vessels and aircraft
authorized by the Secretary shall be distinguished from other
vessels and aircraft by an ensign, pennant, or other
identifying insignia of such design as prescribed by the
Secretary. Such ensign, pennant, or other identifying insignia
shall be displayed in accordance with regulations prescribed by
the Secretary.
* * * * * * *
----------
ARMED FORCES RETIREMENT HOME ACT OF 1991
TITLE XV--ARMED FORCES RETIREMENT HOME
* * * * * * *
SEC. 1502. DEFINITIONS.
For purposes of this title:
(1) * * *
* * * * * * *
[(4) The term ``Armed Forces'' does not include the
Coast Guard when it is not operating as a service in
the Navy.]
(5) The term ``chief personnel officers'' means--
(A) * * *
* * * * * * *
(C) the Deputy Chief of Staff for Personnel
of the Air Force; [and]
(D) the Deputy Commandant of the Marine Corps
for Manpower and Reserve Affairs[.]; and
(E) the Assistant Commandant of the Coast
Guard for Human Resources.
(6) The term ``senior noncommissioned officers''
means the following:
(A) * * *
* * * * * * *
(E) The Master Chief Petty Officer of the
Coast Guard.
* * * * * * *
----------
TITLE 10, UNITED STATES CODE
* * * * * * *
Subtitle A--General Military Law
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 165--ACCOUNTABILITY AND RESPONSIBILITY
* * * * * * *
Sec. 2772. Share of fines and forfeitures to benefit Armed Forces
Retirement Home
(a) Deposit Required.--The Secretary of the military
department concerned or, in the case of the Coast Guard, the
Commandant shall deposit in the Armed Forces Retirement Home
Trust Fund a percentage (determined under subsection (b)) of
the following amounts:
(1) * * *
* * * * * * *
[(c) Application to Coast Guard.--In this section, the term
``armed forces'' does not include the Coast Guard when it is
not operating as a service in the Navy.]
* * * * * * *
----------
TITLE 37, UNITED STATES CODE
* * * * * * *
CHAPTER 19--ADMINISTRATION
* * * * * * *
Sec. 1007. Deductions from pay
(a) * * *
* * * * * * *
(i)(1) * * *
* * * * * * *
(3) The Secretary of Defense or, in the case of the Coast
Guard, the Commandant, after consultation with the Armed Forces
Retirement Home Board, shall determine from time to time the
amount to be deducted under paragraph (1) from the pay of
enlisted members, warrant officers, and limited duty officers
on the basis of the financial needs of the Armed Forces
Retirement Home. The amount to be deducted may be fixed at
different amounts on the basis of grade or length of service,
or both.
[(4) In this subsection, the term ``armed forces'' does not
include the Coast Guard when it is not operating as a service
in the Navy.]
[(5)] (4) This subsection does not apply to an enlisted
member, warrant officer, or limited duty officer of a reserve
component.
* * * * * * *
----------
SECTION 605 OF THE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004
* * * * * * *
SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.
(a) * * *
(b) Study and Report.--
(1) In general.--[The Secretary of Transportation
shall conduct a study that] The Institute shall conduct
maritime transportation studies of the Great Lakes
region, including studies that--
(A) [evaluates] evaluate short sea shipping
market opportunities on the Great Lakes,
including the expanded use of freight ferries,
improved mobility, and regional supply chain
efficiency;
(B) [evaluates] evaluate markets for foreign
trade between ports on the Great Lakes and
draft-limited ports in Europe and Africa;
(C) [evaluates] evaluate the environmental
benefits of waterborne transportation in the
Great Lakes region;
(D) [analyzes] analyze the effect on Great
Lakes shipping of the tax imposed by section
4461(a) of the Internal Revenue Code of 1986;
(E) [evaluates] evaluate the state of
shipbuilding and ship repair bases on the Great
Lakes;
(F) [evaluates] evaluate opportunities for
passenger vessel services on the Great Lakes;
(G) [analyzes] analyze the origin-to-
destination flow of freight cargo in the Great
Lakes region that may be transported on vessels
to relieve congestion in other modes of
transportation;
(H) [evaluates] evaluate the economic
viability of establishing transshipment
facilities for oceangoing cargoes on the Great
Lakes;
(I) [evaluates] evaluate the adequacy of the
infrastructure in Great Lakes ports to meet the
needs of marine commerce; [and]
(J) [evaluates] evaluate new vessel designs
for domestic and international shipping on the
Great Lakes[.];
(K) identify ways to improve the integration
of the Great Lakes marine transportation system
into the national transportation system;
(L) examine the potential of expanded
operations on the Great Lakes marine
transportation system;
(M) identify ways to include intelligent
transportation applications into the Great
Lakes marine transportation system;
(N) analyze the effects and impacts of aging
infrastructure and port corrosion on the Great
Lakes marine transportation system;
(O) establish and maintain a model Great
Lakes marine transportation system database;
and
(P) identify market opportunities for, and
impediments to, the use of United States-flag
vessels in trade with Canada on the Great
Lakes.
* * * * * * *
[(4) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$1,500,000 for each of fiscal years 2005 and 2006 to
carry out paragraph (1).]
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out paragraph
(1)--
(A) $2,400,000 for fiscal year 2010;
(B) $2,500,000 for fiscal year 2011;
(C) $2,600,000 for fiscal year 2012; and
(D) $2,700,000 for fiscal year 2013.
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
Part A--General Provisions
CHAPTER 21--GENERAL
Sec.
2101. General definitions.
* * * * * * *
2116. Marine safety strategy, goals, and performance assessments.
2117. Termination for unsafe operation.
2118. Establishment of equipment standards.
* * * * * * *
Sec. 2101. General definitions
In this subtitle--
(1) ``associated equipment''--
(A) * * *
(B) with the exception of emergency locator
beacons, does not include radio equipment.
* * * * * * *
(19) ``offshore supply vessel'' means a motor vessel
[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] that regularly carries goods,
supplies, individuals in addition to the crew, or
equipment in support of exploration, exploitation, or
production of offshore mineral or energy.
* * * * * * *
Sec. 2114. Protection of seamen against discrimination
(a)(1) A person may not discharge or in any manner
discriminate against a seaman because--
(A) the seaman in good faith has reported or is about
to report to the Coast Guard or other appropriate
Federal agency or department that the seaman believes
that a violation of a maritime safety law or regulation
prescribed under that law or regulation has occurred;
[or]
(B) the seaman has refused to perform duties ordered
by the seaman's employer because the seaman has a
reasonable apprehension or expectation that performing
such duties would result in serious injury to the
seaman, other seamen, or the public[.];
(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.
* * * * * * *
[(b) A seaman discharged or otherwise discriminated against
in violation of this section may bring an action in an
appropriate district court of the United States. In that
action, the court may order any appropriate relief, including--
[(1) restraining violations of this section;
[(2) reinstatement to the seaman's former position
with back pay;
[(3) an award of costs and reasonable attorney's fees
to a prevailing plaintiff not exceeding $1,000; and
[(4) an award of costs and reasonable attorney's fees
to a prevailing employer not exceeding $1,000 if the
court finds that a complaint filed under this section
is frivolous or has been brought in bad faith.]
(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.
* * * * * * *
Sec. 2116. Marine safety strategy, goals, and performance assessments
(a) Long-Term Strategy and Goals.--In conjunction with
existing federally required strategic planning efforts, the
Secretary shall develop a long-term strategy for improving
vessel safety and the safety of individuals on vessels. The
strategy shall include the issuance each year of an annual plan
and schedule for achieving the following goals:
(1) Reducing the number and rates of marine
casualties.
(2) Improving the consistency and effectiveness of
vessel and operator enforcement and compliance
programs.
(3) Identifying and targeting enforcement efforts at
high-risk vessels and operators.
(4) Improving research efforts to enhance and promote
vessel and operator safety and performance.
(b) Contents of Strategy and Annual Plans.--
(1) Measurable goals.--The strategy and annual plans
shall include specific numeric or measurable goals
designed to achieve the goals set forth in subsection
(a). The purposes of the numeric or measurable goals
are the following:
(A) To increase the number of safety
examinations on all high-risk vessels.
(B) To eliminate the backlog of marine
safety-related rulemakings.
(C) To improve the quality and effectiveness
of marine safety information databases by
ensuring that all Coast Guard personnel
accurately and effectively report all safety,
casualty, and injury information.
(D) To provide for a sufficient number of
Coast Guard marine safety personnel, and
provide adequate facilities and equipment to
carry out the functions referred to in section
93(c).
(2) Resource needs.--The strategy and annual plans
shall include estimates of--
(A) the funds and staff resources needed to
accomplish each activity included in the
strategy and plans; and
(B) the staff skills and training needed for
timely and effective accomplishment of each
goal.
(c) Submission With the President's Budget.--Beginning with
fiscal year 2011 and each fiscal year thereafter, the Secretary
shall submit to Congress the strategy and annual plan not later
than 60 days following the transmission of the President's
budget submission under section 1105 of title 31.
(d) Achievement of Goals.--
(1) Progress assessment.--No less frequently than
semiannually, the Coast Guard Commandant and the
Assistant Commandant for Marine Safety shall jointly
assess the progress of the Coast Guard toward achieving
the goals set forth in subsection (b). The Commandant
and the Assistant Commandant shall jointly convey their
assessment to the employees of the Assistant Commandant
and shall identify any deficiencies that should be
remedied before the next progress assessment.
(2) Report to congress.--The Secretary shall report
annually to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate--
(A) on the performance of the marine safety
program in achieving the goals of the marine
safety strategy and annual plan under
subsection (a) for the year covered by the
report;
(B) on the program's mission performance in
achieving numerical measurable goals
established under subsection (b); and
(C) recommendations on how to improve
performance of the program.
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.
Part B--Inspection and Regulations of Vessels
CHAPTER 31--GENERAL
Sec.
3101. Authority to suspend inspection.
* * * * * * *
3104. Survival craft.
* * * * * * *
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.
CHAPTER 32--MANAGEMENT OF VESSELS
* * * * * * *
Sec. 3202. Application
(a) [Mandatory Application] Foreign Voyages and Foreign
Vessels.--This chapter applies to a vessel that--
(1) * * *
* * * * * * *
(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.
[(b)] (c) Voluntary Application.--This chapter applies to a
vessel not described in subsection (a) of this section if the
owner of the vessel requests the Secretary to apply this
chapter to the vessel.
[(c)] (d) Exception.--Except as provided in [subsection (b)]
subsection (c) of this section, this chapter does not apply
to--
(1) * * *
* * * * * * *
(4) a vessel operating on the Great Lakes or its
tributary and connecting waters that is not described
in subsection (b) of this section; or
* * * * * * *
Sec. 3203. Safety management system
(a) * * *
* * * * * * *
(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.
* * * * * * *
CHAPTER 33--INSPECTION GENERALLY
* * * * * * *
Sec. 3306. Regulations
(a) * * *
* * * * * * *
(k)(1) Each vessel of the United States that is constructed
under a contract entered into after the date of enactment of
the Maritime Safety Act of 2009, or that is delivered after
January 1, 2011, with an aggregate capacity of 600 cubic meters
or more of oil fuel, shall comply with the requirements of
Regulation 12A under Annex I to the Protocol of 1978 relating
to the International Convention for the Prevention of Pollution
from Ships, 1973, entitled ``Oil Fuel Tank Protection''.
(2) The Secretary may prescribe regulations to apply the
requirements described in Regulation 12A to vessels described
in paragraph (1) that are not otherwise subject to that
convention. Any such regulation shall be considered to be an
interpretive rule for the purposes of section 553 of title 5.
(3) In this subsection the term ``oil fuel'' means any oil
used as fuel in connection with the propulsion and auxiliary
machinery of the vessel in which such oil is carried.
* * * * * * *
Sec. 3309. Certificate of inspection
(a) * * *
* * * * * * *
(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.
* * * * * * *
CHAPTER 35--CARRIAGE OF PASSENGERS
Sec.
3501. Number of passengers.
* * * * * * *
3507. Passenger vessel security and safety requirements.
3508. Crime scene preservation training for passenger vessel crew
members.
* * * * * * *
Sec. 3507. Passenger vessel security and safety requirements
(a) Vessel Design, Equipment, Construction, and Retrofitting
Requirements.--
(1) In general.--Each vessel to which this subsection
applies shall comply with the following design and
construction standards:
(A) The vessel shall be equipped with ship
rails that are located not less than 42 inches
above the cabin deck.
(B) Each passenger stateroom and crew cabin
shall be equipped with entry doors that include
peep holes or other means of visual
identification.
(C) For any vessel the keel of which is laid
after the date of enactment of the Cruise
Vessel Security and Safety Act of 2009, each
passenger stateroom and crew cabin shall be
equipped with--
(i) security latches; and
(ii) time-sensitive key technology.
(D) The vessel shall integrate technology
that can be used for capturing images of
passengers or detecting passengers who have
fallen overboard, to the extent that such
technology is available.
(E) The vessel shall be equipped with a
sufficient number of operable acoustic hailing
or other such warning devices to provide
communication capability around the entire
vessel when operating in high risk areas (as
defined by the United States Coast Guard).
(2) Fire safety codes.--In administering the
requirements of paragraph (1)(C), the Secretary shall
take into consideration fire safety and other
applicable emergency requirements established by the
U.S. Coast Guard and under international law, as
appropriate.
(3) Effective date.--
(A) In general.--Except as provided in
subparagraph (B), the requirements of paragraph
(1) shall take effect 18 months after the date
of enactment of the Cruise Vessel Security and
Safety Act of 2009.
(B) Latch and key requirements.--The
requirements of paragraph (1)(C) take effect on
the date of enactment of the Cruise Vessel
Security and Safety Act of 2009.
(b) Video Recording.--
(1) Requirement to maintain surveillance.--The owner
of a vessel to which this section applies shall
maintain a video surveillance system to assist in
documenting crimes on the vessel and in providing
evidence for the prosecution of such crimes, as
determined by the Secretary.
(2) Access to video records.--The owner of a vessel
to which this section applies shall provide to any law
enforcement official performing official duties in the
course and scope of an investigation, upon request, a
copy of all records of video surveillance that the
official believes may provide evidence of a crime
reported to law enforcement officials.
(c) Safety Information.--The owner of a vessel to which this
section applies shall provide in each passenger stateroom, and
post in a location readily accessible to all crew and in other
places specified by the Secretary, information regarding the
locations of the United States embassy and each consulate of
the United States for each country the vessel will visit during
the course of the voyage.
(d) Sexual Assault.--The owner of a vessel to which this
section applies shall--
(1) maintain on the vessel adequate, in-date supplies
of anti-retroviral medications and other medications
designed to prevent sexually transmitted diseases after
a sexual assault;
(2) maintain on the vessel equipment and materials
for performing a medical examination in sexual assault
cases to evaluate the patient for trauma, provide
medical care, and preserve relevant medical evidence;
(3) make available on the vessel at all times medical
staff who have undergone a credentialing process to
verify that he or she--
(A) possesses a current physician's or
registered nurse's license and--
(i) has at least 3 years of post-
graduate or post-registration clinical
practice in general and emergency
medicine; or
(ii) holds board certification in
emergency medicine, family practice
medicine, or internal medicine;
(B) is able to provide assistance in the
event of an alleged sexual assault, has
received training in conducting forensic sexual
assault examination, and is able to promptly
perform such an examination upon request and
provide proper medical treatment of a victim,
including administration of anti-retroviral
medications and other medications that may
prevent the transmission of human
immunodeficiency virus and other sexually
transmitted diseases; and
(C) meets guidelines established by the
American College of Emergency Physicians
relating to the treatment and care of victims
of sexual assault;
(4) prepare, provide to the patient, and maintain
written documentation of the findings of such
examination that is signed by the patient; and
(5) provide the patient free and immediate access
to--
(A) contact information for local law
enforcement, the Federal Bureau of
Investigation, the United States Coast Guard,
the nearest United States consulate or embassy,
and the National Sexual Assault Hotline program
or other third party victim advocacy hotline
service; and
(B) a private telephone line and Internet-
accessible computer terminal by which the
individual may confidentially access law
enforcement officials, an attorney, and the
information and support services available
through the National Sexual Assault Hotline
program or other third party victim advocacy
hotline service.
(e) Confidentiality of Sexual Assault Examination and Support
Information.--The master or other individual in charge of a
vessel to which this section applies shall--
(1) treat all information concerning an examination
under subsection (d) confidential, so that no medical
information may be released to the cruise line or other
owner of the vessel or any legal representative thereof
without the prior knowledge and approval in writing of
the patient, or, if the patient is unable to provide
written authorization, the patient's next-of-kin,
except that nothing in this paragraph prohibits the
release of--
(A) information, other than medical findings,
necessary for the owner or master of the vessel
to comply with the provisions of subsection (g)
or other applicable incident reporting laws;
(B) information to secure the safety of
passengers or crew on board the vessel; or
(C) any information to law enforcement
officials performing official duties in the
course and scope of an investigation; and
(2) treat any information derived from, or obtained
in connection with, post-assault counseling or other
supportive services confidential, so no such
information may be released to the cruise line or any
legal representative thereof without the prior
knowledge and approval in writing of the patient, or,
if the patient is unable to provide written
authorization, the patient's next-of-kin.
(f) Crew Access to Passenger Staterooms.--The owner of a
vessel to which this section applies shall--
(1) establish and implement procedures and
restrictions concerning--
(A) which crew members have access to
passenger staterooms; and
(B) the periods during which they have that
access; and
(2) ensure that the procedures and restrictions are
fully and properly implemented and periodically
reviewed.
(g) Log Book and Reporting Requirements.--
(1) In general.--The owner of a vessel to which this
section applies shall--
(A) record in a log book, either
electronically or otherwise, in a centralized
location readily accessible to law enforcement
personnel, a report on--
(i) all complaints of crimes
described in paragraph (3)(A)(i),
(ii) all complaints of theft of
property valued in excess of $1,000,
and
(iii) all complaints of other crimes,
committed on any voyage that embarks or
disembarks passengers in the United States; and
(B) make such log book available upon request
to any agent of the Federal Bureau of
Investigation, any member of the United States
Coast Guard, and any law enforcement officer
performing official duties in the course and
scope of an investigation.
(2) Details required.--The information recorded under
paragraph (1) shall include, at a minimum--
(A) the vessel operator;
(B) the name of the cruise line;
(C) the flag under which the vessel was
operating at the time the reported incident
occurred;
(D) the age and gender of the victim and the
accused assailant;
(E) the nature of the alleged crime or
complaint, as applicable, including whether the
alleged perpetrator was a passenger or a crew
member;
(F) the vessel's position at the time of the
incident, if known, or the position of the
vessel at the time of the initial report;
(G) the time, date, and method of the initial
report and the law enforcement authority to
which the initial report was made;
(H) the time and date the incident occurred,
if known;
(I) the total number of passengers and the
total number of crew members on the voyage; and
(J) the case number or other identifier
provided by the law enforcement authority to
which the initial report was made.
(3) Requirement to report crimes and other
information.--
(A) In general.--The owner of a vessel to
which this section applies (or the owner's
designee)--
(i) shall contact the nearest Federal
Bureau of Investigation Field Office or
Legal Attache by telephone as soon as
possible after the occurrence on board
the vessel of an incident involving
homicide, suspicious death, a missing
United States national, kidnapping,
assault with serious bodily injury, any
offense to which section 2241, 2242,
2243, or 2244 (a) or (c) of title 18
applies, firing or tampering with the
vessel, or theft of money or property
in excess of $10,000 to report the
incident;
(ii) shall furnish a written report
of the incident to the Secretary via an
Internet based portal;
(iii) may report any serious incident
that does not meet the reporting
requirements of clause (i) and that
does not require immediate attention by
the Federal Bureau of Investigation via
the Internet based portal maintained by
the Secretary of Transportation; and
(iv) may report any other criminal
incident involving passengers or crew
members, or both, to the proper State
or local government law enforcement
authority.
(B) Incidents to which subparagraph (A)
applies.--Subparagraph (A) applies to an
incident involving criminal activity if--
(i) the vessel, regardless of
registry, is owned, in whole or in
part, by a United States person,
regardless of the nationality of the
victim or perpetrator, and the incident
occurs when the vessel is within the
admiralty and maritime jurisdiction of
the United States and outside the
jurisdiction of any State;
(ii) the incident concerns an offense
by or against a United States national
committed outside the jurisdiction of
any nation;
(iii) the incident occurs in the
Territorial Sea of the United States,
regardless of the nationality of the
vessel, the victim, or the perpetrator;
or
(iv) the incident concerns a victim
or perpetrator who is a United States
national on a vessel during a voyage
that departed from or will arrive at a
United States port.
(4) Availability of incident data via internet.--
(A) Website.--The Secretary of Transportation
shall maintain a statistical compilation of all
incidents described in paragraph (3)(A)(i) on
an Internet site that provides a numerical
accounting of the missing persons and alleged
crimes recorded in each report filed under
paragraph (3)(A)(i) that are no longer under
investigation by the Federal Bureau of
Investigation. The data shall be updated no
less frequently than quarterly, aggregated by--
(i) cruise line, with each cruise
line identified by name; and
(ii) whether each crime was committed
by a passenger or a crew member.
(B) Access to website.--Each cruise line
taking on or discharging passengers in the
United States shall include a link on its
Internet website to the website maintained by
the Secretary under subparagraph (A).
(h) Enforcement.--
(1) Penalties.--
(A) Civil penalty.--Any person that violates
this section or a regulation under this section
shall be liable for a civil penalty of not more
than $25,000 for each day during which the
violation continues, except that the maximum
penalty for a continuing violation is $50,000.
(B) Criminal penalty.--Any person that
willfully violates this section or a regulation
under this section shall be fined not more than
$250,000 or imprisoned not more than 1 year, or
both.
(2) Denial of entry.--The Secretary may deny entry
into the United States to a vessel to which this
section applies if the owner of the vessel--
(A) commits an act or omission for which a
penalty may be imposed under this subsection;
or
(B) fails to pay a penalty imposed on the
owner under this subsection.
(i) Procedures.--Within 6 months after the date of enactment
of the Cruise Vessel Security and Safety Act of 2009, the
Secretary shall issue guidelines, training curricula, and
inspection and certification procedures necessary to carry out
the requirements of this section.
(j) Regulations.--The Secretary of Transportation and the
Commandant shall each issue such regulations as are necessary
to implement this section.
(k) Application.--
(1) In general.--This section and section 3508 apply
to a passenger vessel (as defined in section 2101(22))
that--
(A) is authorized to carry at least 250
passengers;
(B) has onboard sleeping facilities for each
passenger;
(C) is on a voyage that embarks or disembarks
passengers in the United States; and
(D) is not engaged on a coastwise voyage.
(2) Federal and state vessels.--This section and
section 3508 do not apply to a vessel that is owned and
operated by the United States Government or a vessel
that is owned and operated by a State.
(l) Owner Defined.--In this section and section 3508, the
term ``owner'' means the owner, charterer, managing operator,
master, or other individual in charge of a vessel.
Sec. 3508. Crime scene preservation training for passenger vessel crew
members
(a) In General.--Within 1 year after the date of enactment of
the Cruise Vessel Security and Safety Act of 2009, the
Secretary, in consultation with the Director of the Federal
Bureau of Investigation and the Maritime Administrator, shall
develop training standards and curricula to allow for the
certification of passenger vessel security personnel, crew
members, and law enforcement officials on the appropriate
methods for prevention, detection, evidence preservation, and
reporting of criminal activities in the international maritime
environment. The Administrator of the Maritime Administration
may certify organizations in the United States and abroad that
offer the curriculum for training and certification under
subsection (c).
(b) Minimum Standards.--The standards established by the
Secretary under subsection (a) shall include--
(1) the training and certification of vessel security
personnel, crew members, and law enforcement officials
in accordance with accepted law enforcement and
security guidelines, policies, and procedures,
including recommendations for incorporating a
background check process for personnel trained and
certified in foreign countries;
(2) the training of students and instructors in all
aspects of prevention, detection, evidence
preservation, and reporting of criminal activities in
the international maritime environment; and
(3) the provision or recognition of off-site training
and certification courses in the United States and
foreign countries to develop and provide the required
training and certification described in subsection (a)
and to enhance security awareness and security
practices related to the preservation of evidence in
response to crimes on board passenger vessels.
(c) Certification Requirement.--Beginning 2 years after the
standards are established under subsection (b), no vessel to
which this section applies may enter a United States port on a
voyage (or voyage segment) on which a United States citizen is
a passenger unless there is at least 1 crew member onboard who
is certified as having successfully completed training in the
prevention, detection, evidence preservation, and reporting of
criminal activities in the international maritime environment
on passenger vessels under subsection (a).
(d) Interim Training Requirement.--No vessel to which this
section applies may enter a United States port on a voyage (or
voyage segment) on which a United States citizen is a passenger
unless there is at least 1 crew member onboard who has been
properly trained in the prevention, detection, evidence
preservation and the reporting requirements of criminal
activities in the international maritime environment. The owner
of such a vessel shall maintain certification or other
documentation, as prescribed by the Secretary, verifying the
training of such individual and provide such documentation upon
request for inspection in connection with enforcement of the
provisions of this section. This subsection shall take effect 1
year after the date of enactment of the Cruise Vessel Safety
and Security Act of 2009 and shall remain in effect until
superseded by the requirements of subsection (c).
(e) Civil Penalty.--Any person that violates this section or
a regulation under this section shall be liable for a civil
penalty of not more than $50,000.
(f) Denial of Entry.--The Secretary may deny entry into the
United States to a vessel to which this section applies if the
owner of the vessel--
(1) commits an act or omission for which a penalty
may be imposed under subsection (e); or
(2) fails to pay a penalty imposed on the owner under
subsection (e).
* * * * * * *
CHAPTER 41--UNINSPECTED VESSELS GENERALLY
* * * * * * *
Sec. 4102. Safety equipment
(a) * * *
[(b) Each uninspected vessel propelled by machinery shall
carry at least one readily accessible life preserver or other
lifesaving device, of the type prescribed by regulation, for
each individual on board.]
(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.
* * * * * * *
CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
Sec.
4501. Application.
* * * * * * *
[4503. Fish processing vessel certification.]
4503. Fishing, fish tender, and fish processing vessel certification.
* * * * * * *
[4508. Commercial Fishing Industry Vessel Safety Advisory Committee.]
4508. Commercial Fishing Safety Advisory Committee.
* * * * * * *
Sec. 4502. Safety standards
(a) The Secretary shall prescribe regulations which require
that each vessel to which this chapter applies shall be
equipped with--
(1) * * *
* * * * * * *
[(6) a buoyant apparatus, if the vessel is of a type
required by regulations prescribed by the Secretary to
be equipped with that apparatus;
[(7) alerting and locating equipment, including
emergency position indicating radio beacons, on vessels
that operate beyond 3 nautical miles from the baselines
from which the territorial sea of the United States is
measured, and which are owned in the United States or
beyond 3 nautical miles from the coastline of the Great
Lakes; and]
(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
[(8)] (7) a placard as required by regulations
prescribed under section 10603(b) of this title.
(b)(1) In addition to the requirements of subsection (a) of
this section, the Secretary shall prescribe regulations
requiring the installation, maintenance, and use of the
equipment in paragraph (2) of this subsection for [documented]
vessels to which this chapter applies that--
(A) operate beyond [the Boundary Line] 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;
* * * * * * *
(2) The equipment to be required is as follows:
(A) * * *
(B) [lifeboats or liferafts] a survival craft that
ensures that no part of an individual is immersed in
water sufficient to accommodate all individuals on
board;
* * * * * * *
(D) marine radio communications equipment sufficient
to effectively communicate with land-based search and
rescue facilities;
(E) navigation equipment, including compasses, [radar
reflectors, nautical charts, and anchors] nautical
charts, and publications;
(F) first aid equipment[, including medicine chests]
and medical supplies sufficient for the size and area
of operation of the vessel; and
[(G) 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.]
(G) ground tackle sufficient for the vessel.
* * * * * * *
[(f) To ensure compliance with the requirements of this
chapter, at least once every 2 years the Secretary shall
examine--
[(1) a fish processing vessel; and
[(2) a fish tender vessel engaged in the Aleutian
trade.]
(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.
(g)(1) The individual in charge of a vessel described in
subsection (b) must pass a training program approved by the
Secretary that meets the requirements in paragraph (2) of this
subsection and hold a valid certificate issued under that
program.
(2) The training program shall--
(A) be based on professional knowledge and skill
obtained through sea service and hands-on training,
including training in seamanship, stability, collision
prevention, navigation, fire fighting and prevention,
damage control, personal survival, emergency medical
care, emergency drills, and weather;
(B) require an individual to demonstrate ability to
communicate in an emergency situation and understand
information found in navigation publications;
(C) recognize and give credit for recent past
experience in fishing vessel operation; and
(D) provide for issuance of a certificate to an
individual that has successfully completed the program.
(3) The Secretary shall prescribe regulations implementing
this subsection. The regulations shall require that individuals
who are issued a certificate under paragraph (2)(D) must
complete refresher training at least once every 5 years as a
condition of maintaining the validity of the certificate.
(4) The Secretary shall establish a publicly accessible
electronic database listing the names of individuals who have
participated in and received a certificate confirming
successful completion of a training program approved by the
Secretary under this section.
(h) A vessel to which this chapter applies shall be
constructed in a manner that provides a level of safety
equivalent to the minimum safety standards the Secretary may
established for recreational vessels under section 4302, if--
(1) subsection (b) of this section applies to the
vessel;
(2) the vessel is less than 50 feet overall in
length; and
(3) the vessel is built after January 1, 2010.
(i)(1) The Secretary shall establish a Fishing Safety
Training Grants Program to provide funding to municipalities,
port authorities, other appropriate public entities, not-for-
profit organizations, and other qualified persons that provide
commercial fishing safety training--
(A) to conduct fishing vessel safety training for
vessel operators and crewmembers that--
(i) in the case of vessel operators, meets
the requirements of subsection (g); and
(ii) in the case of crewmembers, meets the
requirements of subsection (g)(2)(A), such
requirements of subsection (g)(2)(B) as are
appropriate for crewmembers, and the
requirements of subsections (g)(2)(D), (g)(3),
and (g)(4); and
(B) for purchase of safety equipment and training
aids for use in those fishing vessel safety training
programs.
(2) The Secretary shall award grants under this subsection on
a competitive basis.
(3) The Federal share of the cost of any activity carried out
with a grant under this subsection shall not exceed 75 percent.
(4) There is authorized to be appropriated $3,000,000 for
each of fiscal years 2010 through 2014 for grants under this
subsection.
(j)(1) The Secretary shall establish a Fishing Safety
Research Grant Program to provide funding to individuals in
academia, members of non-profit organizations and businesses
involved in fishing and maritime matters, and other persons
with expertise in fishing safety, to conduct research on
methods of improving the safety of the commercial fishing
industry, including vessel design, emergency and survival
equipment, enhancement of vessel monitoring systems,
communications devices, de-icing technology, and severe weather
detection.
(2) The Secretary shall award grants under this subsection on
a competitive basis.
(3) The Federal share of the cost of any activity carried out
with a grant under this subsection shall not exceed 75 percent.
(4) There is authorized to be appropriated $3,000,000 for
each fiscal years 2010 through 2014 for activities under this
subsection.
[Sec. 4503. Fish processing vessel certification]
Sec. 4503. Fishing, fish tender, and fish processing vessel
certification
(a) A [fish processing] vessel to which this section applies
may not be operated unless the vessel--
(1) * * *
* * * * * * *
(c) This section applies to a vessel to which section 4502(b)
of this title applies that is at least 50 feet overall in
length and--
(1) is built after July 1, 2010; or
(2) undergoes a major conversion completed after that
date.
(d)(1) After January 1, 2020, a fishing vessel, fish
processing vessel, or fish tender vessel to which section
4502(b) of this title applies shall comply with an alternate
safety compliance program that is developed in cooperation with
the commercial fishing industry and prescribed by the
Secretary, if the vessel--
(A) is at least 50 feet overall in length;
(B) is built before July 1, 2010; and
(C) is 25 years of age or older.
(2) Alternative safety compliance programs may be developed
for purposes of paragraph (1) for specific regions and
fisheries.
(3) A fishing vessel, fish processing vessel, or fish tender
vessel to which section 4502(b) of this title applies that was
classed before July 1, 2010, shall--
(A) remain subject to the requirements of a
classification society approved by the Secretary; and
(B) have on board a certificate from that society.
* * * * * * *
Sec. 4506. Exemptions
(a) * * *
[(b) A vessel to which this chapter applies is exempt from
section 4502(b)(2)(B) of this title if it--
[(1) is less than 36 feet in length; and
[(2) is operating--
[(A) in internal waters of the United States;
or
[(B) within 3 nautical miles from the
baselines from which the territorial sea of the
United States is measured.]
* * * * * * *
[Sec. 4508. Commercial Fishing Industry Vessel Advisory Safety
Committee]
Sec. 4508. Commercial Fishing Safety Advisory Committee
(a) The Secretary shall establish a Commercial Fishing
[Industry Vessel] Safety Advisory Committee. The Committee--
(1) * * *
* * * * * * *
(b)(1) The Committee shall consist of [seventeen] eighteen
members with particular expertise, knowledge, and experience
regarding the commercial fishing industry as follows:
(A) ten members [from the commercial fishing industry
who--] who shall represent the commercial fishing
industry and who--
(i) * * *
(ii) have experience in the operation of
vessels to which this chapter applies or as a
crew member or processing line worker on [an
uninspected] a fish processing vessel;
[(B) three members from the general public,
including, whenever possible, an independent expert or
consultant in maritime safety and a member of a
national organization composed of persons representing
owners of vessels to which this chapter applies and
persons representing the marine insurance industry;]
(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;
(C) one member [representing each of--] each of whom
shall represent--
(i) naval architects [or marine surveyors;]
and marine engineers;
* * * * * * *
(iii) education or training professionals
related to fishing vessel, fish processing
vessel, or fish tender vessel safety or
personnel qualifications; [and]
(iv) underwriters that insure vessels to
which this chapter applies[.]; and
(v) owners of vessels to which this chapter
applies.
* * * * * * *
(e)(1) The Federal Advisory Committee Act (5 App. U.S.C.)
applies to the Committee, except that the Committee terminates
on [September 30, 2010.] September 30, 2020.
* * * * * * *
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
* * * * * * *
Sec. 5102. Application
(a) * * *
(b) This chapter does not apply to the following:
(1) * * *
* * * * * * *
(3) a fishing vessel, unless the vessel is built or
undergoes a major conversion completed after July 1,
2010.
* * * * * * *
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec.
7101. Issuing and classifying licenses and certificates of
[7105. Oaths.]
* * * * * * *
7115. Merchant Mariner Medical Advisory Committee.
* * * * * * *
[Sec. 7105. Oaths
[An applicant for a license or certificate of registry shall
take, before the issuance of the license or certificate, an
oath before a designated official, without concealment or
reservation, that the applicant will perform faithfully and
honestly, according to the best skill and judgment of the
applicant, all the duties required by law.
[Sec. 7106. Duration of licenses
[A license issued under this part is valid for 5 years and
may be renewed for additional 5-year periods. However, 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.
[Sec. 7107. Duration of certificates of registry
[A certificate of registry issued under this part is valid
for 5 years and may be renewed for additional 5-year periods.
However, 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.]
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.
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. 7115. Merchant Mariner Medical Advisory Committee
(a) Establishment.--
(1) In general.--There is established a Merchant
Mariner Medical Advisory Committee (in this section
referred to as the ``Committee'').
(2) Functions.--The Committee shall advise the
Secretary on matters relating to--
(A) medical certification determinations for
issuance of merchant mariner credentials;
(B) medical standards and guidelines for the
physical qualifications of operators of
commercial vessels;
(C) medical examiner education; and
(D) medical research.
(b) Membership.--
(1) In general.--The Committee shall consist of 14
members, none of whom is a Federal employee, and shall
include--
(A) ten who are health-care professionals
with particular expertise, knowledge, or
experience regarding the medical examinations
of merchant mariners or occupational medicine;
and
(B) four who are professional mariners with
knowledge and experience in mariner
occupational requirements.
(2) Status of members.--Members of the Committee
shall not be considered Federal employees or otherwise
in the service or the employment of the Federal
Government, except that members shall be considered
special Government employees, as defined in section
202(a) of title 18, United States Code, and shall be
subject to any administrative standards of conduct
applicable to the employees of the department in which
the Coast Guard is operating.
(c) Appointments; Terms; Vacancies.--
(1) Appointments.--The Secretary shall appoint the
members of the Committee, and each member shall serve
at the pleasure of the Secretary.
(2) Terms.--Each member shall be appointed for a term
of three years, except that, of the members first
appointed, three members shall be appointed for a term
of two years and three members shall be appointed for a
term of one year.
(3) Vacancies.--Any member appointed to fill the
vacancy prior to the expiration of the term for which
that member's predecessor was appointed shall be
appointed for the remainder of that term.
(d) Chairman and Vice Chairman.--The Secretary shall
designate one member of the Committee as the Chairman and one
member as the Vice Chairman. The Vice Chairman shall act as
Chairman in the absence or incapacity of, or in the event of a
vacancy in the office of, the Chairman.
(e) Compensation; Reimbursement.--Members of the Committee
shall serve without compensation, except that, while engaged in
the performance of duties away from their homes or regular
places of business of the member, the member of the Committee
may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5.
(f) Staff; Services.--The Secretary shall furnish to the
Committee the personnel and services as are considered
necessary for the conduct of its business.
CHAPTER 73--MERCHANT MARINERS' DOCUMENTS
Sec.
7301. General.
* * * * * * *
[7305. Oaths for holders of merchant mariners' documents.]
* * * * * * *
Sec. 7302. Issuing merchant mariners' documents and continuous
discharge books
(a) * * *
* * * * * * *
[(f) Except as provided in subsection (g), a merchant
mariner's document issued under this chapter is valid for 5
years and may be renewed for additional 5-year periods.]
(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.
* * * * * * *
[Sec. 7305. Oaths for holders of merchant mariners' documents
[An applicant for a merchant mariner's document shall take,
before issuance of the document, an oath that the applicant
will perform faithfully and honestly all the duties required by
law, and will carry out the lawful orders of superior
officers.]
* * * * * * *
Sec. 7310. Able seamen--offshore supply vessels
For service on a vessel [of less than 500 gross tons as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title]
engaged in support of exploration, exploitation, or production
of offshore mineral or energy resources, an individual may be
rated as able seaman--offshore supply vessels if the individual
has at least 6 months' service on deck on board vessels
operating on the oceans or the navigable waters of the United
States (including the Great Lakes).
* * * * * * *
Sec. 7312. Scale of employment
(a) * * *
* * * * * * *
(d) Individuals qualified as able seamen--offshore supply
vessels 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 an
alternate tonnage 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.
* * * * * * *
CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
Sec.
7501. Duplicates.
* * * * * * *
7507. Fingerprinting.
7508. Authority to extend the duration of licenses, certificates of
registry, and merchant mariner documents.
* * * * * * *
Sec. 7502. Records
(a) The Secretary shall maintain [computerized records]
records, including electronic records, on the issuances,
denials, suspensions, and revocations of licenses, certificates
of registry, merchant mariners' documents, and endorsements on
those licenses, certificates, and documents.
(b) The Secretary may prescribe regulations requiring a
vessel owner or managing operator of a commercial vessel, or
the employer of a seaman on that vessel, to maintain records of
each individual engaged on the vessel on matters of engagement,
discharge, and service for not less than 5 years after the date
of the completion of the service of that individual on the
vessel. The regulations may require that a vessel owner,
managing operator, or employer shall make these records
available to the individual and the Coast Guard on request.
(c) A person violating this section, or a regulation
prescribed under this section, is liable to the United States
Government for a civil penalty of not more than $5,000.
* * * * * * *
Sec. 7507. Fingerprinting
The Secretary of the Department in which the Coast Guard is
operating may not require an individual to be fingerprinted for
the issuance or renewal of a license, a certificate of
registry, or a merchant mariner's document under chapter 71 or
73 if the individual was fingerprinted when the individual
applied for a transportation security card under section 70105.
Sec. 7508. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
(a) Licenses and Certificates of Registry.--Notwithstanding
sections 7106 and 7107, the Secretary of the department in
which the Coast Guard is operating may--
(1) extend for not more than one year an expiring
license or certificate of registry issued for an
individual under chapter 71 if the Secretary determines
that the extension is required to enable the Coast
Guard to eliminate a backlog in processing applications
for those licenses or certificates of registry or in
response to a national emergency or natural disaster,
as deemed necessary by the Secretary; or
(2) issue for not more than five years an expiring
license or certificate of registry issued for an
individual under chapter 71 for the exclusive purpose
of aligning the expiration date of such license or
certificate of registry with the expiration date of a
merchant mariner's document.
(b) Merchant Mariner Documents.--Notwithstanding section
7302(g), the Secretary may--
(1) extend for not more than one year an expiring
merchant mariner's document issued for an individual
under chapter 71 if the Secretary determines that the
extension is required to enable the Coast Guard to
eliminate a backlog in processing applications for
those licenses or certificates of registry or in
response to a national emergency or natural disaster,
as deemed necessary by the Secretary; or
(2) issue for not more than five years an expiring
merchant mariner's document issued for an individual
under chapter 71 for the exclusive purpose of aligning
the expiration date of such merchant mariner's document
with the expiration date of a merchant mariner's
document.
(c) Manner of Extension.--Any extensions granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.
Part F--Manning of Vessels
* * * * * * *
CHAPTER 81--GENERAL
Sec.
8101. Complement of inspected vessels.
* * * * * * *
8107. Use of force against piracy.
* * * * * * *
Sec. 8103. Citizenship and Navy Reserve requirements
(a) * * *
* * * * * * *
(l) Officer Requirements for Distant Water Tuna Vessels.--
(1) Citizenship.--Notwithstanding subsection (a), a
purse seine tuna fishing vessel documented under
chapter 121 fishing exclusively for highly migratory
species under a fishing license issued pursuant to the
1987 Treaty on Fisheries Between the Governments of
Certain Pacific Islands States and the Government of
the United States of America in the treaty area (as
that term is used in that treaty), or transiting to or
from the treaty area exclusively for such purpose, may
engage an individual who is not a citizen of the United
States to fill a vacancy in a position referred to in
subsection (a) (except for the master) if, after timely
public notice of the vacancy, no United States citizens
are readily available to fill the vacancy.
(2) Restrictions.--
(A) In general.--An individual may not be
engaged under paragraph (1) unless the
individual holds a valid license or certificate
issued--
(i) in accordance with the standards
established by the 1995 amendments to
the Convention on Standards of
Training, Certification and
Watchkeeping for Seafarers, 1978 (STCW
95); and
(ii) by an authority that the
Secretary of the department in which
the Coast Guard is operating recognizes
as imposing competency and training
standards equivalent to or exceeding
those required for a issued under
chapter 71.
(B) Limitation on application.--Paragraph (1)
applies only to engagement of an individual on
a vessel that--
(i) is homeported in American Samoa,
Guam, or the Northern Mariana Islands;
and
(ii) has passed an annual commercial
fishing vessel safety exam administered
by a individual authorized to enforce
this title.
(3) Treatment of equivalent license.--The Secretary
of the department in which the Coast Guard is operating
shall treat a license held by an individual engaged
under paragraph (1) that was issued by a foreign
government as meeting the requirements of section 8304
with respect to that engagement, if the Secretary
determines that the standards for issuing that license
are equivalent to the standards that apply under that
section.
Sec. 8104. Watches
(a) * * *
* * * * * * *
(d)(1) On a merchant vessel of more than 100 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
(except a vessel only operating on rivers, harbors, lakes
(except the Great Lakes), bays, sounds, bayous, and canals, a
fishing, fish tender, or whaling vessel, a fish processing
vessel of not more than 5,000 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, yacht, or vessel
engaged in salvage operations), the licensed individuals,
sailors, coal passers, firemen, oilers, and water tenders shall
be divided, when at sea, into at least 3 watches, and shall be
kept on duty successively to perform ordinary work incident to
the operation and management of the vessel. The requirement of
this subsection applies to radio officers only when at least 3
radio officers are employed. A licensed individual or seaman in
the deck or engine department may not be required to work more
than 8 hours in one day.
(2) Paragraph (1) does not apply to an offshore supply vessel
of at least 6,000 gross tons as measured under section 14302 of
this title if the individuals engaged on the vessel are in
compliance with hours of service requirements (including
recording and record-keeping of that service) prescribed by the
Secretary.
(e) On a vessel designated by [subsection (d)] subsection
(d)(1) of this section--
(1) * * *
* * * * * * *
(g) On a towing vessel, an offshore supply vessel of less
than 500 gross tons as measured under section 14502 of this
title, or less than 6,000 gross tons as measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title, or a barge to which this section
applies, that is engaged on a voyage of less than 600 miles,
the licensed individuals and crewmembers (except the coal
passers, firemen, oilers, and water tenders) may be divided,
when at sea, into at least 2 watches.
* * * * * * *
Sec. 8107. Use of force against piracy
An owner, operator, time charterer, master, or mariner who
uses force, or authorizes the use of force, to defend a vessel
of the United States against an act of piracy shall not be
liable for any injury or death caused by such force to any
person participating in the act of piracy.
CHAPTER 83--MASTERS AND OFFICERS
* * * * * * *
Sec. 8301. Minimum number of licensed individuals
(a) * * *
[(b) An offshore supply vessel on a voyage of less than 600
miles shall have a licensed mate. However, if the vessel is on
a voyage of at least 600 miles, the vessel shall have 2
licensed mates. 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.]
(b)(1) An offshore supply vessel of less than 6,000 gross
tons, as measured under section 14302 of this title, on a
voyage of less than 600 miles shall have at least one licensed
mate. Such a vessel on a voyage of 600 miles or more shall have
two licensed mates.
(2) An offshore supply vessel of more than 200 gross tons as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title,
may not be operated without a licensed engineer.
(3) An offshore supply vessel shall have at least one mate.
Additional mates on an offshore supply vessel of at least 6,000
gross tons as measured under section 14302 of this title shall
be prescribe in accordance with hours of service requirements
(including recording and record-keeping of that service)
prescribed by the Secretary.
* * * * * * *
CHAPTER 89--SMALL VESSEL MANNING
* * * * * * *
Sec. 8905. Exemptions
(a) * * *
[(b) Section 8904 of this title does not apply to a vessel of
less 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 engaged in the offshore mineral and
oil industry if the vessel has offshore mineral and oil
industry sites or equipment as its ultimate destination or
place of departure.]
[(c)] (b) Section 8904 of this title does not apply to an oil
spill response vessel while engaged in oil spill response or
training activities.
* * * * * * *
CHAPTER 93--GREAT LAKES PILOTAGE
* * * * * * *
Sec. 9307. Great Lakes Pilotage Advisory Committee
(a) * * *
* * * * * * *
(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.)
applies to the Committee, except that the Committee terminates
on [September 30, 2010.] September 30, 2020.
* * * * * * *
CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES
* * * * * * *
Sec. 10313. Wages
(a) * * *
* * * * * * *
(g) [When] (1) Subject to paragraph (2), when payment is not
made as provided under subsection (f) of this section without
sufficient cause, the master or owner shall pay to the seaman 2
days' wages for each day payment is delayed.
(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.
* * * * * * *
Sec. 10315. Allotments
(a) * * *
* * * * * * *
(f) Deposits in Seaman Account.--By written request signed by
the seaman, a seaman employed on a passenger vessel capable of
carrying more than 500 passengers may authorize the master,
owner, or operator of the vessel, or the employer of the
seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or other
account to secure a payroll or debit card for the seaman if--
(1) the wages designated by the seaman for such
deposit are deposited in a United States or
international financial institution designated by the
seaman;
(2) such deposits in the financial institution are
fully guaranteed under commonly accepted international
standards by the government of the country in which the
financial institution is licensed;
(3) a written wage statement or pay stub, including
an accounting of any direct deposit, is delivered to
the seaman no less often than monthly; and
(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal
of all funds on deposit in the account in which the
wages are deposited.
* * * * * * *
CHAPTER 105--COASTWISE VOYAGES
* * * * * * *
Sec. 10504. Wages
(a) * * *
* * * * * * *
(c) [When] (1) Subject to subsection (d), and except as
provided in paragraph (2), when payment is not made as provided
under subsection (b) of this section without sufficient cause,
the master or owner shall pay to the seaman 2 days' wages for
each day payment is delayed.
(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.
* * * * * * *
(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.
* * * * * * *
CHAPTER 111--PROTECTION AND RELIEF
* * * * * * *
Sec. 11108. Taxes
(a) * * *
(b) Liability.--
(1) * * *
(2) Application.--This subsection applies to an
individual--
(A) * * *
[(B) who performs regularly-assigned duties
while engaged as a master, officer, or crewman
on a vessel operating on the navigable waters
of more than one State.]
(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.
* * * * * * *
CHAPTER 113--OFFICIAL LOGBOOKS
Sec.
11301. Logbook and entry requirements.
* * * * * * *
11304. Additional logbook and entry requirements.
* * * * * * *
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.
Part H--Identification of Vessels
* * * * * * *
CHAPTER 121--DOCUMENTATION OF VESSELS
* * * * * * *
SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION
* * * * * * *
Sec. 12113. Fishery endorsement
(a) * * *
* * * * * * *
(d) Requirements Based on Length, Tonnage, or Horsepower.--
(1) * * *
(2) Requirements.--A vessel subject to this
subsection is not eligible for a fishery endorsement
unless--
(A)(i) a certificate of documentation was
issued for the vessel and endorsed with a
fishery endorsement that was effective on
September 25, 1997; and
(ii) the vessel is not placed under foreign
registry after October 21, 1998; [and]
[(iii) if the fishery endorsement is
invalidated after October 21, 1998, application
is made for a new fishery endorsement within 15
business days of the invalidation; or]
(B) the owner of the vessel demonstrates to
the Secretary that the regional fishery
management council of jurisdiction established
under section 302(a)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16
U.S.C. 1852(a)(1)) has recommended after
October 21, 1998, and the Secretary of Commerce
has approved, conservation and management
measures in accordance with the American
Fisheries Act (Public Law 105-277, div. C,
title II) (16 U.S.C. 1851 note) to allow the
vessel to be used in fisheries under the
council's authority[.]; or
(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.
* * * * * * *
Part I--State Boating Safety Programs
* * * * * * *
CHAPTER 131--RECREATIONAL BOATING SAFETY
* * * * * * *
Sec. 13110. National Boating Safety Advisory Council
(a) * * *
* * * * * * *
(d) [When attending meetings of the Council, a member of the
Council or a panel may be paid at a rate not more than the rate
for GS-18.] When serving away from home or regular place of
business, the member may be allowed travel expenses, including
per diem in lieu of subsistence as authorized by section 5703
of title 5 for individuals employed intermittently in the
Government service. A payment under this section does not make
a member of the Council an officer or employee of the United
States Government for any purpose.
(e) The Council shall terminate on [September 30, 2010.]
September 30, 2020.
Part J--Measurement of Vessels
* * * * * * *
CHAPTER 141--GENERAL
Sec. 14101. Definitions
In this part--
(1) * * *
* * * * * * *
(4) ``vessel [engaged] that engages on a foreign
voyage'' means a vessel--
(A) [arriving] that arrives at a place under
the jurisdiction of the United States from a
place in a foreign country;
(B) [making] that makes a voyage between
places outside the United States [(except a
foreign vessel engaged on that voyage)];
(C) [departing] that departs from a place
under the jurisdiction of the United States for
a place in a foreign country; or
(D) [making] that makes a voyage between a
place within a territory or possession of the
United States and another place under the
jurisdiction of the United States not within
that territory or possession.
* * * * * * *
Sec. 14103. Delegation of authority
(a) * * *
* * * * * * *
(c) For a vessel [intended to be engaged on] that engages on
a foreign voyage, the Secretary may delegate to another country
that is a party to the Convention the authority to measure the
vessel and issue an International Tonnage Certificate (1969)
under chapter 143 of this title.
* * * * * * *
CHAPTER 143--CONVENTION MEASUREMENT
Sec.
14301. Application.
* * * * * * *
[14303. International Tonnage Certificate (1969).]
14303. Tonnage Certificate.
* * * * * * *
Sec. 14301. Application
[(a) Except as otherwise provided in this section, this
chapter applies to the following:
[(1) a documented vessel.
[(2) a vessel that is to be documented under chapter
121 of this title.
[(3) a vessel engaged on a foreign voyage.]
(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.
(b) This chapter does not apply to the following:
(1) a vessel of war[.], unless the government of the
country to which the vessel belongs elects to measure
the vessel under this chapter.
* * * * * * *
(3) a vessel of United States or Canadian registry or
nationality, or a vessel operated under the authority
of the United States or Canada, and that is operating
only on the Great Lakes, unless the owner requests.
(4) [a vessel (except a vessel engaged] a vessel of
United States registry or nationality, or one operated
under the authority of the United States (except a
vessel that engages on a foreign voyage) the keel of
which was laid or that was at a similar stage of
construction before January 1, 1986, unless--
(A) * * *
* * * * * * *
[(5) before July 19, 1994, an existing vessel
unless--
[(A) the owner requests; or
[(B) the vessel undergoes a change that the
Secretary finds substantially affects the
vessel's gross tonnage.
[(6) a barge (except a barge engaged on a foreign
voyage) unless the owner requests.]
(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.
[(c) A vessel made subject to this chapter at the request of
the owner may be remeasured only as provided by this chapter.]
[(d) After July 18, 1994, an existing vessel (except an
existing vessel referred to in subsection (b)(5)(A) or (B) of
this section)] (c) 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) may retain
its tonnages existing on July 18, 1994, for the application of
relevant requirements under international agreements (except
the Convention) and other laws of the United States. However,
if the vessel undergoes a change substantially affecting its
tonnage after July 18, 1994, the vessel shall be remeasured
under this chapter.
[(e)] (d) This chapter does not affect an international
agreement to which the United States Government is a party that
is not in conflict with the Convention or the application of
IMO Resolutions A.494 (XII) of November 19, 1981, A.540 (XIII)
of November 17, 1983, and A.541 (XIII) of November 17, 1983.
Sec. 14302. Measurement
(a) * * *
[(b) Except as provided in section 1602(a) of the Panama
Canal Act of 1979 (22 U.S.C. 3792(a)), a vessel measured under
this chapter may not be required to be measured under another
law.]
(b) A vessel measured under this chapter may not be required
to be measured under another law.
* * * * * * *
Sec. 14303. [International] Tonnage Certificate [(1969)]
(a) After measuring a vessel under this chapter, the
Secretary shall issue, on request of the owner, an
International Tonnage Certificate (1969) and deliver it to the
owner or master of the vessel. 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) The certificate issued under this section shall be
maintained as required by the Secretary.
* * * * * * *
Sec. 14305. Optional regulatory measurement
(a) On request of the owner of a [documented vessel measured
under this chapter,] vessel measured under this chapter that is
of United States registry or nationality, or a vessel operated
under the authority of the United States, the Secretary also
shall measure the vessel under chapter 145 of this title. The
tonnages determined under that chapter shall be used in
applying--
(1) * * *
* * * * * * *
CHAPTER 145--REGULATORY MEASUREMENT
SUBCHAPTER I--GENERAL
Sec.
14501. Application.
* * * * * * *
SUBCHAPTER II--FORMAL SYSTEMS
* * * * * * *
14514. Reciprocity for foreign vessels.
* * * * * * *
SUBCHAPTER I--GENERAL
Sec. 14501. Application
This chapter applies to the following:
[(1) a vessel not measured under chapter 143 of this
title if--
[(A) the vessel is to be documented under
chapter 121 of this title; or
[(B) the application of a law of the United
States to the vessel depends on the vessel's
tonnage.]
(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.
(2) [a vessel] A vessel measured under chapter 143 of
this title if the owner requests that the vessel also
be measured under this chapter as provided in section
14305 of this title.
* * * * * * *
Sec. 14503. Certificate of measurement
(a) The Secretary shall prescribe the certificate to be
issued as evidence of a vessel's measurement under this
chapter.
(b) The certificate shall be maintained as required by the
Secretary.
* * * * * * *
SUBCHAPTER II--FORMAL SYSTEMS
* * * * * * *
Sec. 14513. Dual tonnage measurement
(a) * * *
* * * * * * *
(c)(1) If a [vessel's tonnage mark is below the uppermost
part of the load line marks,] vessel is assigned two sets of
gross and net tonnages under this section, each certificate
stating the vessel's tonnages shall state the gross and net
tonnages when the vessel's tonnage mark is submerged and when
it is not submerged.
(2) Except as provided in paragraph (1) of this subsection, a
certificate stating a vessel's tonnages may state only one set
of gross and net tonnages[.] as assigned under this section.
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.
* * * * * * *
Part F--Government-Owned Merchant Vessels
* * * * * * *
CHAPTER 571--GENERAL AUTHORITY
Sec.
57101. Placement of vessels in National Defense Reserve Fleet.
* * * * * * *
51705. Maritime career training loan program.
51706. Maritime recruitment, training, and retention grant program.
* * * * * * *
Sec. 51705. Maritime career training loan program
(a) Establishment.--The Secretary of Transportation shall
establish a maritime career training loan program (in this
section referred to as the ``program'') in accordance with the
requirements of this section.
(b) Purpose.--The purpose of the program shall be to make
maritime career training loans available to eligible students
to provide for the training of United States mariners.
(c) Administration.--The program shall be carried out by the
Secretary, acting through the Administrator of the Maritime
Administration.
(d) Duties.--The Secretary shall--
(1) allocate, on an annual basis, the award of loans
under the program based on the needs of students;
(2) develop an application process and eligibility
criteria for the award of loans under the program;
(3) approve applications for loans under the program
based on the eligibility criteria and allocations made
under paragraph (1); and
(4) designate maritime training institutions at which
loans made under the program may be used.
(e) Designation of Maritime Training Institutions.--
(1) In general.--In designating maritime training
institutions under subsection (d)(4), the Secretary--
(A) may include Federal, State, and
commercial training institutions and nonprofit
training organizations, except that
undergraduate students at the United States
Merchant Marine Academy shall not be eligible
for loans under the program;
(B) shall designate institutions based on
geographic diversity and scope of classes
offered;
(C) shall ensure that designated institutions
have the ability to administer the program; and
(D) shall ensure that designated institutions
meet requirements to provide training
instruction for appropriate Coast Guard-
approved training instruction.
(2) Exclusions.--The Secretary--
(A) may exclude from participation in the
program a maritime training institution that
has had severe performance deficiencies,
including deficiencies demonstrated by audits
or program reviews conducted during the 5
calendar years immediately preceding the
present year;
(B) shall exclude from participation in the
program a maritime training institution that
has delinquent or outstanding debts to the
United States, unless such debts are being
repaid under or in accordance with a repayment
arrangement satisfactory to the United States,
or the Secretary in the Secretary's discretion
determines that the existence or amount of any
such debts has not been finally determined by
the appropriate Federal agency;
(C) may exclude from participation in the
program a maritime training institution that
has failed to comply with quality standards
established by the Department of Labor, the
Coast Guard, or a State; and
(D) may establish such other criteria as the
Secretary determines will protect the financial
interest of the United States and promote the
purposes of this section.
(f) State Maritime Academies.--
(1) Use of funds for loans to students attending
state maritime academies.--The Secretary may obligate
not more than 50 percent of the amounts appropriated to
carry out this section for a fiscal year for loans to
undergraduate students attending State maritime
academies receiving assistance under chapter 515 of
this title.
(2) Academic standards for students.--Students at
State maritime academies receiving loans under the
program shall maintain satisfactory progress toward the
completion of their course of study as evidenced by the
maintenance of a cumulative C average, or its
equivalent, or academic standing consistent with the
requirements for graduation, as determined by the
institution.
(g) Loan Amounts and Use.--
(1) Maximum amounts.--The Secretary may not make
loans to a student under the program in an amount that
exceeds $15,000 in a calendar year or $60,000 in the
aggregate.
(2) Use of loan proceeds.--A student who receives a
loan under the program may use the proceeds of the loan
only for postsecondary expenses incurred at an
institution designated by the Secretary under
subsection (d)(4) for books, tuition, required fees,
travel to and from training facilities, and room and
board.
(h) Student Eligibility.--To be eligible to receive a loan
under the program, a student shall--
(1) be eligible to hold a license or merchant mariner
document issued by the Coast Guard;
(2) provide to the Secretary such information as the
Secretary may require, including all current Coast
Guard documents, certifications, proof of United States
citizenship or permanent legal status, and a statement
of intent to enter a maritime career;
(3) meet the enrollment requirements of a maritime
training institution designated by the Secretary under
subsection (d)(4); and
(4) sign an agreement to--
(A) complete a course of instruction at such
a maritime training institution; and
(B)(i) maintain a license and serve as an
officer in the merchant marine on a documented
vessel or a vessel owned and operated by the
United States for at least 18 months of service
at sea following the date of graduation from
the maritime program for which the loan
proceeds will be used; or
(ii) serve as an unlicensed merchant mariner
on a documented vessel or a vessel owned and
operated by the United States for at least 18
months of service at sea following the date of
graduation from the maritime program for which
the loan proceeds will be used.
(i) Administration of Loans.--
(1) Contents of loan agreements.--Any agreement
between the Secretary and a student borrower for a loan
under the program shall--
(A) be evidenced by a note or other written
instrument that provides for the repayment of
the principal amount of the loan and any
origination fee, together with interest
thereon, in equal installments (or, if the
student borrower so requests, in graduated
periodic installments determined in accordance
with such schedules as may be approved by the
Secretary) payable quarterly, bimonthly, or
monthly, at the option of the student borrower,
over a period beginning 9 months from the date
on which the student borrower completes study
or discontinues attendance at the maritime
program for which the loans are used at the
institution approved by the Secretary and not
exceeding 10 years;
(B) include provision for acceleration of
repayment of the whole, or any part, of such
loan, at the option of the student borrower;
(C) provide the loan without security and
without endorsement;
(D) provide that the liability to repay the
loan shall be canceled upon the death of the
student borrower, or if the student borrower
becomes permanently and totally disabled, as
determined in accordance with regulations to be
issued by the Secretary;
(E) contain a notice of the system of
disclosure of information concerning default on
such loan to credit bureau organizations; and
(F) include provisions for deferral of
repayment, as determined by the Secretary.
(2) Rate of interest.--A student borrower who
receives a loan under the program on or after January
1, 2010, and before October 1, 2015, shall be obligated
to repay the loan amount to the Secretary, together
with interest beginning in the period referred to in
paragraph (1)(A), at a rate to be determined as
follows:
(A) For a loan for which the first
disbursement is made on or after January 1,
2010, and before October 1, 2011, 5.6 percent
on the unpaid principal balance of the loan.
(B) For a loan for which the first
disbursement is made on or after October 1,
2011, and before October 1, 2012, 4.5 percent
on the unpaid principal balance of the loan.
(C) For a loan for which the first
disbursement is made on or after October 1,
2012, 3.4 percent on the unpaid principal
balance of the loan.
(3) Disclosure required prior to disbursement.--
(A) In general.--The Secretary shall at or
prior to the time the Secretary makes a loan to
a student borrower under the program, provide
thorough and adequate loan information on such
loan to the student borrower. The disclosures
required by this paragraph may be made as part
of the written application material provided to
the student borrower, as part of the promissory
note evidencing the loan, or on a separate
written form provided to the student borrower.
(B) Contents.--The disclosures shall
include--
(i) the address to which
communications and payments should be
sent;
(ii) the principal amount of the
loan;
(iii) the amount of any charges
collected at or prior to the disbursal
of the loan and whether such charges
are to be deducted from the proceeds of
the loan or paid separately by the
student borrower;
(iv) the stated interest rate on the
loan;
(v) the yearly and cumulative maximum
amounts that may be borrowed;
(vi) an explanation of when repayment
of the loan will be required and when
the student borrower will be obligated
to pay interest that accrues on the
loan;
(vii) a statement as to the minimum
and maximum repayment term that the
Secretary may impose, and the minimum
monthly payment required by law and a
description of any penalty imposed as a
consequence of default, such as
liability for expenses reasonably
incurred in attempts by the Secretary
to collect on a loan;
(viii) a statement of the total
cumulative balance, including the loan
applied for, owed by the student
borrower to the Secretary, and an
estimate of the projected monthly
payment, given such cumulative balance;
(ix) an explanation of any special
options the student borrower may have
for loan consolidation or other
refinancing of the loan;
(x) a statement that the student
borrower has the right to prepay all or
part of the loan, at any time, without
penalty;
(xi) a statement summarizing
circumstances in which repayment of the
loan or interest that accrues on the
loan may be deferred, and a brief
notice of the program for repayment of
loans, on the basis of military
service, pursuant to the Department of
Defense educational loan repayment
program (10 U.S.C. 16302);
(xii) a definition of default and the
consequences to the student borrower if
the student borrower defaults, together
with a statement that the disbursement
of, and the default on, a loan under
this part shall be reported to a credit
bureau or credit reporting agency;
(xiii) to the extent practicable, the
effect of accepting the loan on the
eligibility of the student borrower for
other forms of student assistance; and
(xiv) an explanation of any cost the
student borrower may incur in the
making or collection of the loan.
(C) Information to be provided without
cost.--The information provided under this
paragraph shall be available to the Secretary
without cost to the student borrower.
(4) Repayment after default.--The Secretary may
require any student borrower who has defaulted on a
loan made under the program to--
(A) pay all reasonable collection costs
associated with such loan; and
(B) repay the loan pursuant to an income
contingent repayment plan.
(5) Authorization to reduce rates and fees.--
Notwithstanding any other provision of this section,
the Secretary may prescribe by regulation any
reductions in the interest rate or origination fee paid
by a student borrower of a loan made under the program
as the Secretary determines appropriate to encourage
ontime repayment of the loan. Such reductions may be
offered only if the Secretary determines the reductions
are cost neutral and in the best financial interest of
the United States.
(6) Collection of repayments.--The Secretary shall
collect repayments made under the program and exercise
due diligence in such collection, including maintenance
of all necessary records to ensure that maximum
repayments are made. Collection and servicing of
repayments under the program shall be pursued to the
full extent of the law, including wage garnishment if
necessary. The Secretary of the Department in which the
Coast Guard is operating shall provide the Secretary of
Transportation with any information regarding a mariner
that may aid in the collection of repayments under this
section.
(7) Repayment schedule.--A student borrower who
receives a loan under the program shall repay the loan
quarterly, bimonthly, or monthly, at the option of the
student borrower, over a period beginning 9 months from
the date the student borrower completes study or
discontinues attendance at the maritime program for
which the loan proceeds are used and ending not more
than 10 years after the date repayment begins.
Provisions for deferral of repayment shall be
determined by the Secretary.
(8) Contracts for servicing and collection of
loans.--The Secretary may--
(A) enter into a contract or other
arrangement with State or nonprofit agencies
and, on a competitive basis, with collection
agencies for servicing and collection of loans
under this section; and
(B) conduct litigation necessary to carry out
this section.
(j) Revolving Loan Fund.--
(1) Establishment.--The Secretary shall establish a
revolving loan fund consisting of amounts deposited in
the fund under paragraph (2).
(2) Deposits.--The Secretary shall deposit in the
fund--
(A) receipts from the payment of principal
and interest on loans made under the program;
and
(B) any other monies paid to the Secretary by
or on behalf of individuals under the program.
(3) Availability of amounts.--Amounts in the fund
shall be available to the Secretary, without further
appropriation--
(A) to cover the administrative costs of the
program, including the maintenance of records
and making collections under this section; and
(B) to the extent that amounts remain
available after paying such administrative
costs, to make loans under the program.
(4) Maintenance of records.--The Secretary shall
maintain accurate records of the administrative costs
referred to in paragraph (3)(A).
(k) Annual Report.--The Secretary, on an annual basis, shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
program, including--
(1) the total amount of loans made under the program
in the preceding year;
(2) the number of students receiving loans under the
program in the preceding year; and
(3) the total amount of loans made under program that
are in default as of the date of the report.
(l) Authorization of Appropriations.--There are authorized to
be appropriated for each of fiscal years 2010 through 2015--
(1) $10,000,000 for making loans under the program;
and
(2) $1,000,000 for administrative expenses of the
Secretary in carrying out the program.
Sec. 51706. Maritime recruitment, training, and retention grant program
(a) Strategic Plan.--
(1) In general.--Not later than one year after the
date of enactment of this section, and at least once
every 3 years thereafter, the Secretary of
Transportation, acting through the Administrator of the
Maritime Administration, shall publish in the Federal
Register a plan that describes the demonstration,
research, and multistate project priorities of the
Department of Transportation concerning merchant
mariner recruitment, training, and retention for the 3-
year period following the date of publication of the
plan.
(2) Contents.--A plan published under paragraph (1)
shall contain strategies and identify potential
projects to address merchant mariner recruitment,
training, and retention issues in the United States.
(3) Factors.--In developing a plan under paragraph
(1), the Secretary shall take into account, at a
minimum--
(A) the availability of existing research (as
of the date of publication of the plan);
(B) the need to ensure results that have
broad applicability;
(C) the benefits of economies of scale and
the efficiency of potential projects; and
(D) the likelihood that the results of
potential projects will be useful to
policymakers and stakeholders in addressing
merchant mariner recruitment, training, and
retention issues.
(4) Consultation.--In developing a plan under
paragraph (1), the Secretary shall consult with
representatives of the maritime industry, labor
organizations, and other governmental entities and
parties with an interest in the maritime industry.
(5) Transmittal to congress.--The Secretary shall
transmit copies of a plan published under paragraph (1)
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(b) Demonstration Projects.--
(1) In general.--The Secretary may award grants to a
maritime training institution to carry out
demonstration projects that implement the priorities
identified in the plan prepared under subsection
(a)(1), for the purpose of developing and implementing
methods to address merchant mariner recruitment,
training, and retention issues.
(2) Grant awards.--Grants shall be awarded under this
subsection on a competitive basis under guidelines and
requirements to be established by the Secretary.
(3) Applications.--To be eligible to receive a grant
for a project under this subsection, a maritime
training institution shall submit to the Secretary a
grant proposal that includes, at a minimum--
(A) information demonstrating the estimated
effectiveness of the project; and
(B) a method for evaluating the effectiveness
of the project.
(4) Eligible projects.--Projects eligible for grants
under this subsection may include--
(A) the establishment of maritime technology
skill centers developed through local
partnerships of industry, labor, education,
community-based organizations, economic
development organizations, or Federal, State,
and local government agencies to meet unmet
skills needs of the maritime industry;
(B) projects that provide training to upgrade
the skills of workers who are employed in the
maritime industry;
(C) projects that promote the use of distance
learning, enabling students to take courses
through the use of media technology, such as
videos, teleconferencing, and the Internet;
(D) projects that assist in providing
services to address maritime recruitment and
training of youth residing in targeted high
poverty areas within empowerment zones and
enterprise communities;
(E) the establishment of partnerships with
national and regional organizations with
special expertise in developing, organizing,
and administering merchant mariner recruitment
and training services; and
(F) the establishment of maritime training
programs that foster technical skills and
operational productivity in communities in
which economies are related to or dependent
upon the maritime industry.
(c) Projects Authorized.--
(1) Projects.--The Secretary may award grants to
carry out projects identified in a plan published under
subsection (a)(1) under which the project sponsor
will--
(A) design, develop, and test an array of
approaches to providing recruitment, training,
or retention services to one or more targeted
populations;
(B) in conjunction with employers, organized
labor, other groups (such as community
coalitions), and Federal, State, or local
agencies, design, develop, and test various
training approaches in order to determine
effective practices; or
(C) assist in the development and replication
of effective service delivery strategies for
the national maritime industry as a whole.
(2) Research projects.--The Secretary may award
grants to carry out research projects identified in a
plan published under subsection (a)(1) that will
contribute to the solution of maritime industry
recruitment, training, and retention issues in the
United States.
(3) Multistate or regional projects.--The Secretary
may award grants to carry out multistate or regional
projects identified in a plan published under
subsection (a)(1) to effectively disseminate best
practices and models for implementing maritime
recruitment, training, and retention services designed
to address industry-wide skill shortages.
(4) Grant awards.--Grants shall be awarded under this
subsection on a competitive basis under guidelines and
requirements to be established by the Secretary.
(d) Authorization of Appropriations.--There are authorized to
be appropriated for each of fiscal years 2010 through 2015--
(1) $10,000,000 for making grants under this section;
and
(2) $1,000,000 for administrative expenses of the
Secretary in carrying out this section.
* * * * * * *
Subtitle VII--Security and Drug Enforcement
* * * * * * *
CHAPTER 701--PORT SECURITY
Sec.
70101. Definitions.
[70110. Actions and assistance for foreign ports and United States
territories.]
70110. Actions and assistance for foreign ports or facilities and United
States territories
* * * * * * *
[70118. Enforcement by State and local officers.]
* * * * * * *
Sec. 70105. Transportation security cards
(a) * * *
(b) Issuance of Cards.--(1) * * *
(2) This subsection applies to--
(A) * * *
(B) an individual issued a license, certificate of
registry, or merchant mariners document under part E of
subtitle II of this title allowed unescorted access to
a secure area designated in a vessel security plan
approved under section 70103 of this title;
* * * * * * *
(D) an individual engaged on a towing vessel that
pushes, pulls, or hauls alongside a tank vessel allowed
unescorted access to a secure area designated in a
vessel security plan approved under section 70103 of
this title;
* * * * * * *
(c) Determination of Terrorism Security Risk.--
(1) * * *
* * * * * * *
(3) Denial of waiver review.--
(A) * * *
* * * * * * *
(C) Classified evidence.--The Secretary, in
consultation with the [National Intelligence
Director] Director of National Intelligence,
shall issue regulations to establish procedures
by which the Secretary, as part of a review
conducted under this paragraph, may provide to
the individual adversely affected by the
determination an unclassified summary of
classified evidence upon which the denial of a
waiver by the Secretary was based.
* * * * * * *
Sec. 70106. Maritime safety and security teams
(a) * * *
* * * * * * *
[(c) Coordination With Other Agencies.--To the maximum extent
feasible, each maritime safety and security team shall
coordinate its activities with other Federal, State, and local
law enforcement and emergency response agencies.]
(c) Maritime Security Response Teams.--
(1) In general.--In addition to the maritime safety
and security teams, the Secretary shall establish no
less than two maritime security response teams to act
as the Coast Guard's rapidly deployable
counterterrorism and law enforcement response units
that can apply advanced interdiction skills in response
to threats of maritime terrorism.
(2) Minimization of response time.--The maritime
security response teams shall be stationed in such a
way to minimize, to the extent practicable, the
response time to any reported maritime terrorist
threat.
(d) Coordination With Other Agencies.--To the maximum extent
feasible, each maritime safety and security team and maritime
security response team shall coordinate its activities with
other Federal, State, and local law enforcement and emergency
response agencies.
* * * * * * *
Sec. 70110. Actions and assistance for foreign ports or facilities and
United States territories
(a) In General.--If the Secretary finds that a foreign port
or facility does not maintain effective antiterrorism measures,
the Secretary--
(1) may prescribe conditions of entry into the United
States for any vessel arriving from that port or
facility, or any vessel carrying cargo or passengers
originating from or transshipped through that port or
facility;
* * * * * * *
(b) Effective Date for Sanctions.--Any action taken by the
Secretary under subsection (a) for a particular port or
facility shall take effect--
(1) 90 days after the government of the foreign
country with jurisdiction over or control of that port
or facility is notified under section 70109 unless the
Secretary finds that the government has brought the
antiterrorism measures at the port or facility up to
the security level the Secretary used in making an
assessment under section 70108 before the end of that
90-day period; or
(2) immediately upon the finding of the Secretary
under subsection (a) if the Secretary finds, after
consulting with the Secretary of State, that a
condition exists that threatens the safety or security
of passengers, vessels, or crew traveling to or from
the port or facility.
(c) State Department To Be Notified.--The Secretary
immediately shall notify the Secretary of State of a finding
that a port or facility does not maintain effective
antiterrorism measures.
(d) Action Canceled.--An action required under this section
is no longer required if the Secretary decides that effective
antiterrorism measures are maintained at the port or facility.
(e) Assistance for Foreign [Ports] Ports, Facilities, and
United States Territories.--
(1) In general.--The Secretary, in consultation with
the Secretary of Transportation, the Secretary of
State, and the Secretary of Energy, shall identify
assistance programs that could facilitate
implementation of port or facility security
antiterrorism measures in foreign countries and
territories of the United States. [The Secretary shall
establish a program to utilize the programs that are
capable of implementing port security antiterrorism
measures at ports in foreign countries and territories
of the United States that the Secretary finds to lack
effective antiterrorism measures.] 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) Caribbean basin.--The Secretary, in coordination
with the Secretary of State and in consultation with
the Organization of American States and the Commandant
of the Coast Guard, shall place particular emphasis on
utilizing programs to facilitate the implementation of
port or facility security antiterrorism measures at the
ports located in the Caribbean Basin, as such ports
pose unique security and safety threats to the United
States due to--
(A) * * *
* * * * * * *
(f) Coast Guard Assistance Program.--
(1) In general.--The Secretary may lend, lease,
donate, or otherwise provide equipment, and provide
technical training and support, to the owner or
operator of a foreign port or facility--
(A) to assist in bringing the port or
facility into compliance with applicable
International Ship and Port Facility Code
standards;
(B) to assist the port or facility in meeting
standards established under section 70109A of
this chapter; and
(C) to assist the port or facility in
exceeding the standards described in
subparagraphs (A) and (B).
(2) Conditions.--The Secretary--
(A) shall provide such assistance based upon
an assessment of the risks to the security of
the United States and the inability of the
owner or operator of the port or facility
otherwise to bring the port or facility into
compliance with those standards and to maintain
compliance with them;
(B) may not provide such assistance unless
the port or facility has been subjected to a
comprehensive port security assessment by the
Coast Guard or a third party entity certified
by the Secretary under section 70110A(b) to
validate foreign port or facility compliance
with International Ship and Port Facility Code
standards; and
(C) may only lend, lease, or otherwise
provide equipment that the Secretary has first
determined is not required by the Coast Guard
for the performance of its missions.
* * * * * * *
Sec. 70112. Maritime Security Advisory Committees
(a) * * *
(b) Membership.--(1) * * *
* * * * * * *
[(5) The membership of an Area Maritime Security Advisory
Committee shall include representatives of the port industry,
terminal operators, port labor organizations, and other users
of the port areas.]
(5)(A) The National Maritime Security Advisory Committee
shall be composed of--
(i) at least 1 individual who represents the
interests of the port authorities;
(ii) at least 1 individual who represents the
interests of the facilities owners or operators;
(iii) at least 1 individual who represents the
interests of the terminal owners or operators;
(iv) at least 1 individual who represents the
interests of the vessel owners or operators;
(v) at least 1 individual who represents the
interests of the maritime labor organizations;
(vi) at least 1 individual who represents the
interests of the academic community;
(vii) at least 1 individual who represents the
interests of State or local governments; and
(viii) at least 1 individual who represents the
interests of the maritime industry.
(B) Each Area Maritime Security Advisory Committee shall be
composed of individuals who represents the interests of the
port industry, terminal operators, port labor organizations,
and other users of the port areas.
* * * * * * *
(g) Faca; Termination.--[(1)] The Federal Advisory Committee
Act (5 U.S.C. App.)--
[(A)] (1) applies to the National Maritime Security
Advisory Committee established under this section,
except that such committee terminates on September 30,
[2008;] 2010; and
[(B)] (2) does not apply to Area Maritime Security
Advisory Committees established under this section.
[(2) Not later than September 30, 2006, each committee
established under this section shall submit to the Congress its
recommendation regarding whether the committee should be
renewed and continued beyond the termination date.]
* * * * * * *
[Sec. 70118. Enforcement by State and local officers
[(a) In General.--Any State or local government law
enforcement officer who has authority to enforce State criminal
laws may make an arrest for violation of a security zone
regulation prescribed under section 1 of title II of the Act of
June 15, 1917 (chapter 30; 50 U.S.C. 191) or security or safety
zone regulation under section 7(b) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(b)) or a safety zone regulation
prescribed under section 10(d) of the Deepwater Port Act of
1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized
by law to prescribe such regulations, if--
[(1) such violation is a felony; and
[(2) the officer has reasonable grounds to believe
that the person to be arrested has committed or is
committing such violation.
[(b) Other Powers not Affected.--The provisions of this
section are in addition to any power conferred by law to such
officers. This section shall not be construed as a limitation
of any power conferred by law to such officers, or any other
officer of the United States or any State. This section does
not grant to such officers any powers not authorized by the law
of the State in which those officers are employed.]
* * * * * * *
CHAPTER 705--MARITIME DRUG LAW ENFORCEMENT
* * * * * * *
Sec. 70506. Penalties
(a) * * *
* * * * * * *
(c) Simple Possession.--
(1) In general.--Any individual on a vessel subject
to the jurisdiction of the United States who is found
by the Secretary, after notice and an opportunity for a
hearing, to have knowingly or intentionally possessed a
controlled substance within the meaning of the
Controlled Substances Act (21 U.S.C. 812) shall be
liable to the United States for a civil penalty of not
to exceed $10,000 for each violation. The Secretary
shall notify the individual in writing of the amount of
the civil penalty.
(2) Determination of amount.--In determining the
amount of the penalty, the Secretary shall consider the
nature, circumstances, extent, and gravity of the
prohibited acts committed and, with respect to the
violator, the degree of culpability, any history of
prior offenses, ability to pay, and other matters that
justice requires.
(3) Treatment of civil penalty assessment.--
Assessment of a civil penalty under this subsection
shall not be considered a conviction for purposes of
State or Federal law but may be considered proof of
possession if such a determination is relevant.
* * * * * * *
----------
ACT OF JULY 5, 1884
(Commonly known as the Rivers and Harbors Appropriation Act of 1884)
An act making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and for
other purposes.
* * * * * * *
Sec. 4. (a) * * *
(b) No taxes, tolls, operating charges, fees, or any other
impositions whatever shall be levied upon or collected from any
vessel or other water craft, or from its passengers or crew, by
any non-Federal interest, if the vessel or water craft is
operating on any navigable waters subject to the authority of
the United States, or under the right to freedom of navigation
on those waters, except for--
(1) * * *
(2) reasonable fees charged on a fair and equitable
basis that--
(A) * * *
* * * * * * *
(C) do not impose more than a small burden on
interstate or foreign commerce; [or]
(3) property taxes on vessels or watercraft, other
than vessels or watercraft that are primarily engaged
in foreign commerce if those taxes are permissible
under the United States Constitution[.]; or
(4) sales taxes on goods and services provided to or
by vessels or watercraft (other than vessels or
watercraft primarily engaged in foreign commerce).
* * * * * * *
----------
RIVERS AND HARBORS APPROPRIATIONS ACT OF 1915
* * * * * * *
Sec. 7. [That the] (a) In General.--The Secretary of Homeland
Security is authorized, empowered, and directed to define and
establish anchorage grounds for vessels in all harbors, rivers,
bays, and other navigable waters of the United States whenever
it is manifest to the said Secretary that the maritime or
commercial interests of the United States require such
anchorage grounds for safe navigation and the establishment of
such anchorage grounds shall have been recommended by the Chief
of Engineers, and to adopt suitable rules and regulations in
relation thereto; and such rules and regulations shall be
enforced by the Revenue-Cutter Service under the direction of
the Secretary of the Treasury: Provided, That at ports or
places where there is no revenue cutter available such rules
and regulations may be enforced by the Chief of Engineers under
the direction of the Secretary of Homeland Security. In the
event of the violation of any such rules and regulations by the
owner, master, or person in charge of any vessel, such owner,
master, or person in charge of such vessel shall be liable to a
penalty of [$100; and the] up to $10,000. Each day during which
a violation continues shall constitute a separate violation.
The said vessel may be holden for the payment of such penalty,
and may be seized and proceeded against summarily by libel for
the recovery of the same in any United States district court
for the district within which such vessel may be and in the
name of the officer designated by the Secretary of Homeland
Security.
(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.
* * * * * * *
----------
OIL POLLUTION ACT OF 1990
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
The contents of this Act are as follows:
* * * * * * *
TITLE VII--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
* * * * * * *
Sec. 7002. Submerged oil program.
* * * * * * *
TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION
* * * * * * *
SEC. 1004. LIMITS ON LIABILITY.
(a) General Rule.--Except as otherwise provided in this
section, the total of the liability of a responsible party
under section 1002 and any removal costs incurred by, or on
behalf of, the responsible party, with respect to each incident
shall not exceed--
(1) * * *
(2) for any other vessel, $950 per gross ton or
$800,000[,], whichever is greater;
* * * * * * *
(d) Adjusting Limits of Liability.--
(1) * * *
(2) Deepwater ports and associated vessels.--
(A) * * *
* * * * * * *
(D) The Secretary may establish, by
regulation, a limit of liability of not less
than $12,000,000 for a deepwater port used only
in connection with transportation of natural
gas.
* * * * * * *
SEC. 1012. USES OF THE FUND.
(a) * * *
* * * * * * *
(h) Period of Limitations for Claims.--
(1) Removal costs.--No claim may be presented under
this title for recovery of removal costs for an
incident unless the claim is presented within [6] 3
years after the date of completion of all removal
actions for that incident.
* * * * * * *
TITLE IV--PREVENTION AND REMOVAL
Subtitle A--Prevention
* * * * * * *
SEC. 4116. PILOTAGE.
(a) * * *
(c) Escorts for Certain Tankers.--[Not later than 6 months]
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
initiate issuance of regulations under section
3703(a)(3) of title 46, United States Code, to define
those areas, including Prince William Sound, Alaska,
and Rosario Strait and Puget Sound, Washington
(including those portions of the Strait of Juan de Fuca
east of Port Angeles, Haro Strait, and the Strait of
Georgia subject to United States jurisdiction), on
which single hulled tankers over 5,000 gross tons
transporting oil in bulk shall be escorted by at least
two towing vessels (as defined under section 2101 of
title 46, United States Code) or other vessels
considered appropriate by the Secretary.
(2) Prince william sound, alaska.--
(A) In general.--The requirement in paragraph
(1) relating to single hulled tankers in Prince
William Sound, Alaska, described in that
paragraph being escorted by at least 2 towing
vessels or other vessels considered to be
appropriate by the Secretary (including
regulations promulgated in accordance with
section 3703(a)(3) of title 46, United States
Code, as set forth in part 168 of title 33,
Code of Federal Regulations (as in effect on
March 1, 2009), implementing this subsection
with respect to those tankers) shall apply to
double hulled tankers over 5,000 gross tons
transporting oil in bulk in Prince William
Sound, Alaska.
(B) Implementation of requirements.--The
Secretary of the Federal agency with
jurisdiction over the Coast Guard shall carry
out subparagraph (A) by order without notice
and hearing pursuant to section 553 of title 5,
United States Code.
* * * * * * *
----------
AMERICAN FISHERIES ACT
TITLE II--FISHERIES
Subtitle I--Fishery Endorsements
* * * * * * *
SEC. 203. ENFORCEMENT OF STANDARD.
(a) * * *
* * * * * * *
(g) Certain Vessels.--The vessels EXCELLENCE (United States
official number 967502), GOLDEN ALASKA (United States official
number 651041) and, OCEAN PHOENIX (United States official
number 296779)[, NORTHERN TRAVELER (United States official
number 635986), and NORTHERN VOYAGER (United States official
number 637398) (or a replacement vessel for the NORTHERN
VOYAGER that complies with paragraphs (2), (5), and (6) of
section 208(g) of this Act)] shall be exempt from section
12102(c), as amended by this Act, until such time after October
1, 2001 as more than 50 percent of the interest owned and
controlled in the vessel changes, provided that the vessel
maintains eligibility for a fishery endorsement under the
federal law that was in effect the day before the date of the
enactment of this Act, and unless[, in the case of the NORTHERN
TRAVELER or the NORTHERN VOYAGER (or such replacement), the
vessel is used in any fishery under the authority of a regional
fishery management council other than the New England Fishery
Management Council or Mid-Atlantic Fishery Management Council
established, respectively, under subparagraphs (A) and (B) of
section 302(a)(1) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1852(a)(1) (A) and (B)), or in
the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX,]
the vessel is used to harvest any fish.
* * * * * * *
Subtitle II--Bering Sea Pollock Fishery
* * * * * * *
SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
(a) * * *
* * * * * * *
[(g) Replacement Vessels.--In the event of the actual total
loss or constructive total loss of a vessel eligible under
subsections (a), (b), (c), (d), or (e), the owner of such
vessel may replace such vessel with a vessel which shall be
eligible in the same manner under that subsection as the
eligible vessel, provided that--
[(1) such loss was caused by an act of God, an act of
war, a collision, an act or omission of a party other
than the owner or agent of the vessel, or any other
event not caused by the willful misconduct of the owner
or agent;
[(2) the replacement vessel was built in the United
States and if ever rebuilt, was rebuilt in the United
States;
[(3) the fishery endorsement for the replacement
vessel is issued within 36 months of the end of the
last year in which the eligible vessel harvested or
processed pollock in the directed pollock fishery;
[(4) if the eligible vessel is greater than 165 feet
in registered length, of more than 750 gross registered
tons (as measured under chapter 145 of title 46) or
1,900 gross registered tons as measured under chapter
143 of that title), or has engines capable of producing
more than 3,000 shaft horsepower, the replacement
vessel is of the same or lesser registered length,
gross registered tons, and shaft horsepower;
[(5) if the eligible vessel is less than 165 feet in
registered length, of fewer than 750 gross registered
tons, and has engines incapable of producing less than
3,000 shaft horsepower, the replacement vessel is less
than each of such thresholds and does not exceed by
more than 10 percent the registered length, gross
registered tons or shaft horsepower of the eligible
vessel; and
[(6) the replacement vessel otherwise qualifies under
federal law for a fishery endorsement, including under
section 12102(c) of title 46, United States Code, as
amended by this Act.]
(g) Vessel Rebuilding and Replacement.--
(1) In general.--
(A) Rebuild or replace.--Notwithstanding any
limitation to the contrary on replacing,
rebuilding, or lengthening vessels or
transferring permits or licenses to a
replacement vessel contained in sections 679.2
and 679.4 of title 50, Code of Federal
Regulations, as in effect on the date of
enactment of the Maritime Safety Act of 2009
and except as provided in paragraph (4), the
owner of a vessel eligible under subsection
(a), (b), (c), (d), or (e) (other than
paragraph (21)), in order to improve vessel
safety and operational efficiencies (including
fuel efficiency), may rebuild or replace that
vessel (including fuel efficiency) with a
vessel documented with a fishery endorsement
under section 12113 of title 46, United States
Code.
(B) Same requirements.--The rebuilt or
replacement vessel shall be eligible in the
same manner and subject to the same
restrictions and limitations under such
subsection as the vessel being rebuilt or
replaced.
(C) Transfer of permits and licenses.--Each
fishing permit and license held by the owner of
a vessel or vessels to be rebuilt or replaced
under subparagraph (A) shall be transferred to
the rebuilt or replacement vessel.
(2) Recommendations of north pacific fishery
management council.--The North Pacific Fishery
Management Council may recommend for approval by the
Secretary such conservation and management measures,
including size limits and measures to control fishing
capacity, in accordance with the Magnuson-Stevens Act
as it considers necessary to ensure that this
subsection does not diminish the effectiveness of
fishery management plans of the Bering Sea and Aleutian
Islands Management Area or the Gulf of Alaska.
(3) Special rule for replacement of certain
vessels.--
(A) In general.--Notwithstanding the
requirements of subsections (b)(2), (c)(1), and
(c)(2) of section 12113 of title 46, United
States Code, a vessel that is eligible under
subsection (a), (b), (c), (d), or (e) (other
than paragraph (21)) and that qualifies to be
documented with a fishery endorsement pursuant
to section 203(g) or 213(g) may be replaced
with a replacement vessel under paragraph (1)
if the vessel that is replaced is validly
documented with a fishery endorsement pursuant
to section 203(g) or 213(g) before the
replacement vessel is documented with a fishery
endorsement under section 12113 of title 46,
United States Code.
(B) Applicability.--A replacement vessel
under subparagraph (A) and its owner and
mortgagee are subject to the same limitations
under section 203(g) or 213(g) that are
applicable to the vessel that has been replaced
and its owner and mortgagee.
(4) Special rules for certain catcher vessels.--
(A) In general.--A replacement for a covered
vessel described in subparagraph (B) is
prohibited from harvesting fish in any fishery
(except for the Pacific whiting fishery)
managed under the authority of any Regional
Fishery Management Council (other than the
North Pacific Fishery Management Council)
established under section 302(a) of the
Magnuson-Stevens Act.
(B) Covered vessels.--A covered vessel
referred to in subparagraph (A) is--
(i) a vessel eligible under
subsection (a), (b), or (c) that is
replaced under paragraph (1); or
(ii) a vessel eligible under
subsection (a), (b), or (c) that is
rebuilt to increase its registered
length, gross tonnage, or shaft
horsepower.
(5) Limitation on fishery endorsements.--Any vessel
that is replaced under this subsection shall thereafter
not be eligible for a fishery endorsement under section
12113 of title 46, United States Code, unless that
vessel is also a replacement vessel described in
paragraph (1).
(6) Gulf of alaska limitation.--Notwithstanding
paragraph (1), the Secretary shall prohibit from
participation in the groundfish fisheries of the Gulf
of Alaska any vessel that is rebuilt or replaced under
this subsection and that exceeds the maximum length
overall specified on the license that authorizes
fishing for groundfish pursuant to the license
limitation program under part 679 of title 50, Code of
Federal Regulations, as in effect on the date of
enactment of the Maritime Safety Act of 2009.
(7) Authority of pacific council.--Nothing in this
section shall be construed to diminish or otherwise
affect the authority of the Pacific Council to
recommend to the Secretary conservation and management
measures to protect fisheries under its jurisdiction
(including the Pacific whiting fishery) and
participants in such fisheries from adverse impacts
caused by this Act.
* * * * * * *
SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
(a) * * *
(b) Catcher Vessels Onshore.--
(1) Catcher vessel cooperatives.--Effective January
1, 2000, upon the filing of a contract implementing a
fishery cooperative under subsection (a) which--
(A) * * *
* * * * * * *
the Secretary shall allow only such catcher vessels
(and catcher vessels whose owners voluntarily
participate pursuant to paragraph (2)) to harvest the
aggregate percentage of the directed fishing allowance
under section 206(b)(1) in the year in which the
fishery cooperative will be in effect that is
equivalent to the aggregate total amount of pollock
harvested by such catcher vessels (and by such catcher
vessels whose owners voluntarily participate pursuant
to paragraph (2)) in the directed pollock fishery for
processing by the inshore component during 1995, 1996,
and 1997 relative to the aggregate total amount of
pollock harvested in the directed pollock fishery for
processing by the inshore component during such years
and shall prevent such catcher vessels (and catcher
vessels whose owners voluntarily participate pursuant
to paragraph (2)) from harvesting in aggregate in
excess of such percentage of such directed fishing
allowance.
* * * * * * *
(7) Fishery cooperative exit provisions.--
(A) Fishing allowance determination.--For
purposes of determining the aggregate
percentage of directed fishing allowances under
paragraph (1), when a catcher vessel is removed
from the directed pollock fishery, the fishery
allowance for pollock for the vessel being
removed--
(i) shall be based on the catch
history determination for the vessel
made pursuant to section 679.62 of
title 50, Code of Federal Regulations,
as in effect on the date of enactment
of the Maritime Safety Act of 2009; and
(ii) shall be assigned, for all
purposes under this title, in the
manner specified by the owner of the
vessel being removed to any other
catcher vessel or among other catcher
vessels participating in the fishery
cooperative if such vessel or vessels
remain in the fishery cooperative for
at least one year after the date on
which the vessel being removed leaves
the directed pollock fishery.
(B) Eligibility for fishery endorsement.--
Except as provided in subparagraph (C), a
vessel that is removed pursuant to this
paragraph shall be permanently ineligible for a
fishery endorsement, and any claim (including
relating to catch history) associated with such
vessel that could qualify any owner of such
vessel for any permit to participate in any
fishery within the exclusive economic zone of
the United States shall be extinguished, unless
such removed vessel is thereafter designated to
replace a vessel to be removed pursuant to this
paragraph.
(C) Limitations on statutory construction.--
Nothing in this paragraph shall be construed--
(i) to make the vessels AJ (United
States official number 905625), DONA
MARTITA (United States official number
651751), NORDIC EXPLORER (United States
official number 678234), and PROVIDIAN
(United States official number 1062183)
ineligible for a fishery endorsement or
any permit necessary to participate in
any fishery under the authority of the
New England Fishery Management Council
or the Mid-Atlantic Fishery Management
Council established, respectively,
under subparagraphs (A) and (B) of
section 302(a)(1) of the Magnuson-
Stevens Act; or
(ii) to allow the vessels referred to
in clause (i) to participate in any
fishery under the authority of the
Councils referred to in clause (i) in
any manner that is not consistent with
the fishery management plan for the
fishery developed by the Councils under
section 303 of the Magnuson-Stevens
Act.
* * * * * * *
----------
SECTION 5209 OF THE OCEANS ACT OF 1992
SEC. 5209. TANK VESSEL DEFINITION CLARIFICATION.
(a) * * *
(b) The following vessels are deemed not to be a tank vessel
for the purposes of any law:
(1) An offshore supply vessel of less than 500 gross
tons as measured under section 14502, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title.
* * * * * * *
----------
COAST GUARD AUTHORIZATION ACT OF 1991
SEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.
(a) * * *
* * * * * * *
(h) The Committee shall terminate on September 30, [2010]
2020.
SEC. 19. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.
(a) * * *
(b) The Committee shall consist of [twenty-four] twenty-five
members who have expertise, knowledge, and experience regarding
the transportation, equipment, and techniques that are used to
ship cargo and to navigate vessels on the Lower Mississippi
River and its connecting navigable waterways including the Gulf
of Mexico:
(1) * * *
* * * * * * *
(12) One member representing the Associated Federal
Pilots and Docking Masters of Louisiana.
* * * * * * *
(g) The Committee shall terminate on September 30, [2010]
2020.
* * * * * * *
----------
PUBLIC LAW 96-380
AN ACT to establish a Towing Safety Advisory Committee in the
Department of Transportation.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That [(a)
there is Towing Safety established a Towing Safety Advisory
Committee (hereinafter referred to as the ``Committee''). The
Committee shall consist of sixteen members with particular
expertise, knowledge, and experience regarding shallow-draft
inland and coastal waterway navigation and towing safety as
follows:
[(1) seven members from the barge and towing
industry, reflecting a regional geographic balance;
[(2) one member from the offshore mineral and oil
supply vessel industry; and
[(3) two members from each of the following--
[(A) port districts, authorities, or terminal
operators;
[(B) maritime labor;
[(C) shippers (of whom at least one shall be
engaged in theshipment of oil or hazardous
materials by barge); and
[(D) the general public.] (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.
* * * * * * *
(e) Unless extended by subsequent Act of Congress, the
Committee shall terminate on September 30, [2010] 2020.
----------
SECTION 5 OF THE INLAND NAVIGATIONAL RULES ACT OF 1980
Sec. 5. [(a) The Secretary shall establish a Navigation
Safety Advisory Council (hereinafter referred to as the
Council) not exceeding 21 members. To assure balanced
representation, members shall be chosen, insofar as practical,
from the following groups: (1) recognized experts and leaders
in organizations having an active interest in the Rules of the
Road and vessel and port safety, (2) representatives of owners
and operators of vessels, professional mariners, recreational
boaters, and the recreational boating industry, (3) individuals
with an interest in maritime law, and (4) Federal and State
officials with responsibility for vessel and port safety.
Additional persons may be appointed to panels of the Council to
assist the Council in the performance of its functions. The
Secretary shall, not less often than once a year, publish
notice in the Federal Register for solicitation of nominations
for membership on the Council.
[(b) The Council shall advise, consult with, and make
recommendations to the Secretary on matters relating to the
prevention of collisions, rammings, and groundings, including
the Inland Rules of the Road, the International Rules of the
Road, navigation regulations and equipment, routing measures,
marine information, diving safety, and aids to navigation
systems. Any advice or recommendation 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 Secretary, 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.]
(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.
* * * * * * *
(d) Unless extended by subsequent Act of Congress, the
Council shall terminate on September 30, [2010] 2020.
----------
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
Chapter 8--General Penalty Provisions
* * * * * * *
BRINGING IN AND HARBORING CERTAIN ALIENS
Sec. 274. (a) [Criminal Penalties] Bringing In, Harboring,
and Smuggling of Unlawful and Terrorist Aliens.--[(1)(A) Any
person who--
[(i) knowing that a person is an alien, brings to or
attempts to bring to the United States in any manner
whatsoever such person at a place other than a
designated port of entry or place other than as
designated by the Commissioner, regardless of whether
such alien has received prior official authorization to
come to, enter, or reside in the United States and
regardless of any future official action which may be
taken with respect to such alien;
[(ii) knowing or in reckless disregard of the fact
that an alien has come to, entered, or remains in the
United States in violation of law, transports, or moves
or attempts to transport or move such alien within the
United States by means of transportation or otherwise,
in furtherance of such violation of law;
[(iii) knowing or in reckless disregard of the fact
that an alien has come to, entered, or remains in the
United States in violation of law, conceals, harbors,
or shields from detection, or attempts to conceal,
harbor, or shield from detection, such alien in any
place, including any building or any means of
transportation;
[(iv) encourages or induces an alien to come to,
enter, or reside in the United States, knowing or in
reckless disregard of the fact that such coming to,
entry, or residence is or will be in violation of law;
or
[(v)(I) engages in any conspiracy to commit any of
the preceding acts, or
[(II) aids or abets the commission of any of the
preceding acts,
shall be punished as provided in subparagraph (B).
[(B) A person who violates subparagraph (A) shall, for each
alien in respect to whom such a violation occurs--
[(i) in the case of a violation of subparagraph
(A)(i) or (v)(I) or in the case of a violation of
subparagraph (A)(ii), (iii), or (iv) in which the
offense was done for the purpose of commercial
advantage or private financial gain, be fined under
title 18, United States Code, imprisoned not more than
10 years, or both;
[(ii) in the case of a violation of subparagraph (A)
(ii), (iii), (iv), or (v)(II) be fined under title 18,
United States Code, imprisoned not more than 5 years,
or both;
[(iii) in the case of a violation of subparagraph (A)
(i), (ii), (iii), (iv), or (v) during and in relation
to which the person causes serious bodily injury (as
defined in section 1365 of title 18, United States
Code) to, or places in jeopardy the life of, any
person, be fined under title 18, United States Code,
imprisoned not more than 20 years, or both; and
[(iv) in the case of a violation of subparagraph (A)
(i), (ii), (iii), (iv), or (v) resulting in the death
of any person, be punished by death or imprisoned for
any term of years or for life, fined under title 18,
United States Code, or both.
[(C) It is not a violation of clauses (ii) or (iii) of
subparagraph (A), or of clause (iv) of subparagraph (A) except
where a person encourages or induces an alien to come to or
enter the United States, for a religious denomination having a
bona fide nonprofit, religious organization in the United
States, or the agents or officers of such denomination or
organization, to encourage, invite, call, allow, or enable an
alien who is present in the United States to perform the
vocation of a minister or missionary for the denomination or
organization in the United States as a volunteer who is not
compensated as an employee, notwithstanding the provision of
room, board, travel, medical assistance, and other basic living
expenses, provided the minister or missionary has been a member
of the denomination for at least one year.
[(2) Any person who, knowing or in reckless disregard of the
fact that an alien has not received prior official
authorization to come to, enter, or reside in the United
States, brings to or attempts to bring to the United States in
any manner whatsoever, such alien, regardless of any official
action which may later be taken with respect to such alien
shall, for each alien in respect to whom a violation of this
paragraph occurs--
[(A) be fined in accordance with title 18, United
States Code, or imprisoned not more than one year, or
both; or
[(B) in the case of--
[(i) an offense committed with the intent or
with reason to believe that the alien
unlawfully brought into the United States will
commit an offense against the United States or
any State punishable by imprisonment for more
than 1 year,
[(ii) an offense done for the purpose of
commercial advantage or private financial gain,
or
[(iii) an offense in which the alien is not
upon arrival immediately brought and presented
to an appropriate immigration officer at a
designated port of entry,
be fined under title 18, United States Code, and shall
be imprisoned, in the case of a first or second
violation of subparagraph (B)(iii), not more than 10
years, in the case of a first or second violation of
subparagraph (B)(i) or (B)(ii), not less than 3 nor
more than 10 years, and for any other violation, not
less than 5 nor more than 15 years.] (1)(A) Whoever,
knowing or in reckless disregard of the fact that an
individual is an alien who lacks lawful authority to
come to, enter, or reside in the United States,
knowingly--
(i) brings that individual to the United States in
any manner whatsoever regardless of any future official
action which may be taken with respect to such
individual;
(ii) recruits, encourages, or induces that individual
to come to, enter, or reside in the United States;
(iii) transports or moves that individual in the
United States, in furtherance of their unlawful
presence; or
(iv) harbors, conceals, or shields from detection the
individual in any place in the United States, including
any building or any means of transportation;
or attempts or conspires to do so, shall be punished as
provided in subparagraph (C).
(B) Whoever, knowing that an individual is an alien, brings
that individual to the United States in any manner whatsoever
at a place, other than a designated port of entry or place
designated by the Secretary of Homeland Security, regardless of
whether such individual has received prior official
authorization to come to, enter, or reside in the United States
and regardless of any future official action which may be taken
with respect to such individual, or attempts or conspires to do
so, shall be punished as provided in subparagraph (C).
(C) Whoever commits an offense under this paragraph shall,
for each individual in respect to whom such a violation
occurs--
(i) if the offense results in the death of any
person, be fined under title 18, United States Code,
and subject to the penalty of death or imprisonment for
any term of years or for life;
(ii) if the offense involves kidnapping, an attempt
to kidnap, the conduct required for aggravated sexual
abuse (as defined in section 2241 of title 18, United
States Code, without regard to where it takes place),
or an attempt to commit such abuse, or an attempt to
kill, be fined under title 18, United States Code, or
imprisoned for any term of years or life, or both;
(iii) if the offense involves an individual who the
defendant knew was engaged in or intended to engage in
terrorist activity (as defined in section
212(a)(3)(B)), be fined under title 18, United States
Code, or imprisoned not more than 30 years, or both;
(iv) if the offense results in serious bodily injury
(as defined in section 1365 of title 18, United States
Code) or places in jeopardy the life of any person, be
fined under title 18, United States Code, or imprisoned
not more than 20 years, or both;
(v) if the offense is a violation of paragraph
(1)(A)(i) and was committed for the purpose of profit,
commercial advantage, or private financial gain, or if
the offense was committed with the intent or reason to
believe that the individual unlawfully brought into the
United States will commit an offense against the United
States or any State that is punishable by imprisonment
for more than 1 year, be fined under title 18, United
States Code, and imprisoned, in the case of a first or
second violation, not less than 3 nor more than 10
years, and for any other violation, not less than 5 nor
more than 15 years;
(vi) if the offense is a violation of paragraphs
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and
was committed for the purpose of profit, commercial
advantage, or private financial gain, be fined under
title 18, United States Code, or imprisoned not more
than 10 years, or both;
(vii) if the offense involves the transit of the
defendant's spouse, child, sibling, parent,
grandparent, or niece or nephew, and the offense is not
described in any of clauses (i) through (vi), be fined
under title 18, United States Code, or imprisoned not
more than 1 year, or both; and
(viii) in any other case, be fined under title 18,
United States Code, or imprisoned not more than 5
years, or both.
(2)(A) There is extraterritorial jurisdiction over the
offenses described in paragraph (1).
(B) In a prosecution for a violation of, or an attempt or
conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii),
or (a)(1)(B), that occurs on the high seas, no defense based on
necessity can be raised unless the defendant--
(i) as soon as practicable, reported to the Coast
Guard the circumstances of the necessity, and if a
rescue is claimed, the name, description, registry
number, and location of the vessel engaging in the
rescue; and
(ii) did not bring, attempt to bring, or in any
manner intentionally facilitate the entry of any alien
into the land territory of the United States without
lawful authority, unless exigent circumstances existed
that placed the life of that alien in danger, in which
case the reporting requirement set forth in clause (i)
is satisfied by notifying the Coast Guard as soon as
practicable after delivering the alien to emergency
medical or law enforcement personnel ashore.
(C) It is not a violation of, or an attempt or conspiracy to
violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph
(1)(A)(ii) (except if a person recruits, encourages, or induces
an alien to come to or enter the United States), for a
religious denomination having a bona fide nonprofit, religious
organization in the United States, or the agents or officer of
such denomination or organization, to encourage, invite, call,
allow, or enable an alien who is present in the United States
to perform the vocation of a minister or missionary for the
denomination or organization in the United States as a
volunteer who is not compensated as an employee,
notwithstanding the provision of room, board, travel, medical
assistance, and other basic living expenses, provided the
minister or missionary has been a member of the denomination
for at least one year.
(D) For purposes of this paragraph and paragraph (1)--
(i) the term ``United States'' means the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and any other territory or possession
of the United States; and
(ii) the term ``lawful authority'' means permission,
authorization, or waiver that is expressly provided for
in the immigration laws of the United States or the
regulations prescribed under those laws and does not
include any such authority secured by fraud or
otherwise obtained in violation of law or authority
that has been sought but not approved.
* * * * * * *
----------
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 109--SEARCHES AND SEIZURES
* * * * * * *
Sec. 2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information
(a) * * *
[(b) Any person who intentionally violates this section shall
be fined under this title or imprisoned for not more than 5
years, or both.]
(b) Whoever intentionally violates this section shall--
(1) if the offense results in death or involves
kidnapping, an attempt to kidnap, the conduct required
for aggravated sexual abuse (as defined in section 2241
without regard to where it takes place), or an attempt
to commit such abuse, or an attempt to kill, be fined
under such title or imprisoned for any term of years or
life, or both;
(2) if the offense results in serious bodily injury
(as defined in section 1365 of this title) or
transportation under inhumane conditions, be fined
under this title, imprisoned not more than 15 years, or
both;
(3) if the offense is committed in the course of a
violation of section 274 of the Immigration and
Nationality Act (alien smuggling); chapter 77 (peonage,
slavery, and trafficking in persons), section 111
(shipping), 111A (interference with vessels), 113
(stolen property), or 117 (transportation for illegal
sexual activity) of this title; chapter 705 (maritime
drug law enforcement) of title 46, or title II of the
Act of June 15, 1917 (Chapter 30; 40 Stat. 220), be
fined under this title or imprisoned for not more than
10 years, or both; and
(4) in any other case, be fined under this title or
imprisoned for not more than 5 years, or both.
(c)(1) This section does not limit the authority of a customs
officer under section 581 of the Tariff Act of 1930 (19 U.S.C.
1581), or any other provision of law enforced or administered
by the Secretary of the Treasury or the Secretary of Homeland
Security, or the authority of any Federal law enforcement
officer under any law of the United States, to order a vessel
to stop or heave to.
(2) In a prosecution for a violation of this section, no
defense based on necessity can be raised unless the defendant--
(A) as soon as practicable upon reaching shore,
delivered the person with respect to which the
necessity arose to emergency medical or law enforcement
personnel;
(B) as soon as practicable, reported to the Coast
Guard the circumstances of the necessity resulting
giving rise to the defense; and
(C) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien, as
that term is defined in section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)),
into the land territory of the United States without
lawful authority, unless exigent circumstances existed
that placed the life of that alien in danger, in which
case the reporting requirement of subparagraph (B) is
satisfied by notifying the Coast Guard as soon as
practicable after delivering that person to emergency
medical or law enforcement personnel ashore.
* * * * * * *
(e) In this section--
(1) * * *
* * * * * * *
(3) the term ``vessel subject to the jurisdiction of
the United States'' has the meaning given the term in
section 2 of the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1903) ; [and]
(4) the term ``vessel of the United States'' has the
meaning given the term in section 2 of the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1903) [.]; and
(5) the term ``transportation under inhumane
conditions'' means the transportation of persons in an
engine compartment, storage compartment, or other
confined space, transportation at an excessive speed,
transportation of a number of persons in excess of the
rated capacity of the means of transportation, or
intentionally grounding a vessel in which persons are
being transported.
----------
COAST GUARD AUTHORIZATION ACT OF 1996
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
* * * * * * *
TITLE I--AUTHORIZATION
* * * * * * *
Sec. 103. Annual [reports] report on drug interdiction.
* * * * * * *
TITLE XI--MISCELLANEOUS
* * * * * * *
SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS.
(a) * * *
* * * * * * *
(c) Certificates of Documentation for Gallant Lady.--
(1) In general.--Notwithstanding section 27 of the
Merchant Marine Act, 1920 (46 App. U.S.C. 883), section
8 of the Act of June 19, 1886 (24 Stat. 81, chapter
421; 46 App. U.S.C. 289), and section 12106 of title
46, United States Code, and subject to paragraph (2),
the Secretary [of Transportation] of the department in
which the Coast Guard is operating may issue a
certificate of documentation with an appropriate
endorsement for employment in coastwise trade for each
of the following vessels:
[(A) GALLANT LADY (Feadship hull number 645,
approximately 130 feet in length).]
(A) the vessel GALLANT LADY (Feadship hull
number 672, approximately 168 feet in length).
* * * * * * *
[(3) Condition.--The Secretary may not issue a
certificate of documentation for a vessel under
paragraph (1) unless, not later than 90 days after the
date of enactment of this Act, the owner of the vessel
referred to in paragraph (1)(B) submits to the
Secretary a letter expressing the intent of the owner
to, before April 1, 1998, enter into a contract for the
construction in the United States of a passenger vessel
of at least 130 feet in length.
[(4) Effective date of certificates.--A certificate
of documentation issued under paragraph (1) shall take
effect--
[(A) for the vessel referred to in paragraph
(1)(A), on the date of the issuance of the
certificate; and
[(B) for the vessel referred to in paragraph
(1)(B), on the date of delivery of the vessel
to the owner.]
[(5)] (3) Termination of effectiveness of
certificates.--A certificate of documentation issued
for a vessel under paragraph (1) shall expire--
[(A) on the date of the sale of the vessel by
the owner;
[(B) on April 1, 1998, if the owner of the
vessel referred to in paragraph (1)(B) has not
entered into a contract for construction of a
vessel in accordance with the letter of intent
submitted to the Secretary under paragraph (3);
or
[(C) on such date as a contract referred to
in paragraph (2) is breached, rescinded, or
terminated (other than for completion of
performance of the contract) by the owner of
the vessel referred to in paragraph (1)(B).] on
the date of the sale of the vessel by the
owner.
* * * * * * *
----------
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006
* * * * * * *
TITLE III--SHIPPING AND NAVIGATION
* * * * * * *
SEC. 311. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS ENGAGED IN THE
ALEUTIAN TRADE.
(a) * * *
(b) Other Inspection Exemption and Watch Requirement.--
Paragraphs (3)(B) and (4) of section 3302(c) of title 46,
United States Code, and paragraphs (1) and (2) of section
8104(o) of that title are each amended by striking ``or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title''
and inserting ``or less than 500 gross tons as measured under
section 14502 of this title, or is less than 2,500 gross tons
as measured under section 14302 of this title''.
* * * * * * *
TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS
* * * * * * *
SEC. 603. LIMITS ON LIABILITY.
(a) Adjustment of Liability Limits.--
(1) * * *
(2) Other vessels.--Section 1004(a)(2) of such Act
([33 U.S.C. 2794(a)(2)] 33 U.S.C. 2704(a)(2)) is
amended--
(A) * * *
* * * * * * *
TITLE IX--TECHNICAL CORRECTIONS
SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) * * *
* * * * * * *
(r) Corrections to Dingell-Johnson Sport Fish Restoration
Act.--
(1) * * *
(2) Section 14.--Section 14(a)(1) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C.
777m(a)(1)) is amended by striking ``For each of [the]
fiscal years 2006 through 2009, not more than'' and
inserting ``Not more than''.
SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF TRANSPORTATION AND
DEPARTMENT OF TRANSPORTATION; RELATED MATTERS.
(a) * * *
* * * * * * *
(c) Public Contracts.--Section 3732 of the Revised Statutes
of the United States (41 U.S.C. 11) is amended by striking ``of
Transportation'' each place it appears and inserting ``of
Homeland Security''.
* * * * * * *
(e) Shipping.--Title 46, United State Code, is amended--
(1) in section 2109 by striking ``a Coast Guard or'';
and
(2) in section 6308--
(A) by redesignating subsections (b) and (c)
as subsections (c) and (d), respectively; [and]
* * * * * * *
[(3)] (C) in subsection (c), as redesignated
by [this section] this paragraph, by striking
``subsection (a)'' and inserting ``subsections
(a) and (b)''; and
[(4)] (D) in subsection (d), as redesignated
by [this section] this paragraph, by striking
``subsections (a) and (b)'' and inserting
``subsections (a), (b), and (c)''.
* * * * * * *
(h) Conservation.--
(1) Section 1029.--Section 1029(e)(2)(B) of the
[Bisti/De-Na-Zin Wilderness Expansion and Fossil
Protection] Omnibus Parks and Public Lands Management
Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by
striking ``Secretary of Transportation, to represent
the United States Coast Guard.'' and inserting
``Commandant of the Coast Guard.''.
* * * * * * *
(k) Bridges.--Section 4 of the Act of March 23, 1906,
commonly known as the General Bridge Act of 1906 (33 U.S.C.
[491)] 494), is amended by striking ``of Transportation'' each
place it appears and inserting ``of Homeland Security''.
* * * * * * *
----------
DEEPWATER PORT ACT OF 1974
* * * * * * *
PROCEDURE
Sec. 5. (a) * * *
* * * * * * *
(c)(1) * * *
(2) Each application shall include such financial, technical,
and other information as the Secretary deems necessary or
appropriate. Such information shall include, but need not be
limited to--
(A) * * *
* * * * * * *
(K) the nation of registry for, and the nationality
or citizenship of officers and crew serving on board,
vessels transporting natural gas that are reasonably
anticipated to be servicing the deepwater port;
* * * * * * *