[House Report 111-311]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-311

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3619) TO AUTHORIZE 
APPROPRIATIONS FOR THE COAST GUARD FOR FISCAL YEAR 2010, AND FOR OTHER 
                                PURPOSES

                                _______
                                

  October 21, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Ms. Matsui, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 853]

    The Committee on Rules, having had under consideration 
House Resolution 853, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3619, the 
``Coast Guard Authorization Act of 2010,'' under a structured 
rule. The rule waives all points of order against consideration 
of the bill except those arising under clause 9 or 10 of rule 
XXI. The rule provides one hour of general debate, with 40 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on Transportation and 
Infrastructure and 20 minutes equally divided and controlled by 
the chairman and ranking minority member of the Committee on 
Homeland Security.
    The resolution provides that the amendment in the nature of 
a substitute recommended by the Committee on Transportation and 
Infrastructure shall be considered as adopted in the House and 
in the Committee of the Whole. The bill, as amended, shall be 
considered as an original bill for the purpose of amendment and 
shall be considered as read. The rule waives all points of 
order against the amendment in the nature of a substitute 
except for clause 10 of rule XXI. This waiver does not affect 
the point of order available under clause 9 of rule XXI 
(regarding earmark disclosure).
    The rule further makes in order only those amendments 
printed in this report. The amendments made in order may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question. All 
points of order against the amendments except for clauses 9 and 
10 of rule XXI are waived. In the case of sundry amendments 
reported from the Committee, the question of their adoption 
shall be put to the House en gros and without division of the 
question.
    The rule provides one motion to recommit with or without 
instructions. The resolution provides that the Chair may 
entertain a motion that the Committee rise only if offered by 
the chair of the Committee on Transportation and Infrastructure 
or his designee. Finally, the resolution provides that the 
Chair may not entertain a motion to strike out the enacting 
words of the bill.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill (except for clauses 9 and 10 of rule 
XXI), the Committee is not aware of any points of order. The 
waiver of all points of order is prophylactic.
    The waiver of all points of order against the committee 
amendment in the nature of a substitute includes a waiver of 
clause 4 of rule XXI (regarding appropriations in a legislative 
bill).

               SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

    1. Oberstar (MN): Would (1) make a number of technical 
corrections to the bill; (2) add language regarding the 
delegation of authority by the Coast Guard to classification 
societies; (3) clarify language regarding the enforcement of 
Coast Guard-imposed security zones around hazardous materials 
terminals and tankers; and (4) address discharges incidental to 
the normal operation of vessels; (5) would provide for an 
alternative licensing program for operators of uninspected 
passenger vessels on Lake Texoma in Texas and Oklahoma upon 
request of the Texas or Oklahoma Governors; (6) would require 
the Coast Guard's study of biometric identification to include 
facial and iris scan technology, would require the Homeland 
Security Secretary to study the Coast Guard's use of the 
combination of facial and iris recognition to rapidly identify 
individuals for security purposes, and would state the purpose 
of the study is to facilitate the use of a combination of 
facial and iris recognition; (7) would require the secretary of 
the Department of the Coast Guard is operating to report to 
Congress on the most common types of human errors that have led 
to oil spills from vessels, the most common types of ``near 
miss'' oil spill incidents, and includes recommendations to 
address these errors, and also require the secretary to use the 
findings of the report to take appropriate action domestically 
and at the International Maritime Organization to reduce the 
risk of oil spills caused by human error; (8) would provide 
that, in conducting mission analysis along the Rio Grande under 
section 1324, the Secretary shall work with all appropriate 
entities, as needed, to facilitate the collection of 
information; (9) would require the Great Lakes Maritime 
Institute to evaluate the employment base supported by the 
Great Lakes marine transportation system, including the number 
and types of jobs, and general demographics about the employees 
holding those jobs, such as their gender and age; (10) would 
require the secretary of the Department of the Coast Guard is 
operating to assess whether the use of transponders or RFIDs 
can be used to mitigate the threat of small boat attacks in 
major ports; would encourage the Secretary of State to enter 
into negotiations with Canada to ensure that tugboat escorts 
are required for certain tank ships in the Strait of Juan de 
Fuca, Strait of Georgia, and in Haro Strait. The Secretary 
would consult with the Coast Guard, which shall consult with 
the State of Washington and affected tribal governments; (11) 
would require that the GAO report to Congress on the Coast 
Guard's efforts to recruit minority candidates to the Coast 
Guard Academy, which would include recommendations for 
enhancing such efforts; (12) would extend for two years, 
through December 31, 2011, an authorization to complete an in-
kind exchange of certain Coast Guard property in Portland, 
Maine, to the Gulf of Maine Aquarium Development Corporation. 
It also would provide that a new building adjacent to the pier 
and bulkhead must comply with the waterfront provisions of the 
City of Portland Code of Ordinances; (13) would require the 
Secretary to allow any individual with a pending application 
for a transportation security card, who needs to work in secure 
area, to have access to such area for that purpose through an 
escort by another individual with a security card. It also 
contains timelines for reviews of transportation security card 
applications. The Secretary shall develop a process for 
individuals to receive the cards at their residence. The 
Secretary shall establish procedures for individuals who are to 
be fingerprinted for transportation security cards to be 
fingerprinted at facilities operated by or under contract with 
the relevant Federal agency that engages in fingerprinting the 
public for transportation security or other security purposes; 
(14) would direct the Secretary of the department in which the 
Coast Guard is operating to prohibit states or political 
subdivision. (20 minutes)
    2. Mica (FL): Would require a GAO report on (1) the 
background checks and forms of identification required under 
state and local transportation security programs; (2) a 
determination of whether those requirements conflict with 
Federal programs; (3) a determination of whether those 
requirements assist in carrying out state and local government 
safety, security and law enforcement responsibilities; and (4) 
recommendations on ways to minimize redundant background checks 
and facilitate the sharing of data with state and local 
governments. It would also prohibit the secretary of the 
Department the Coast Guard is in from preventing a state or 
local government from requiring a separate background check for 
entry into any area covered by a vessel or facility security 
plan. (10 minutes)
    3. Hastings, Alcee (FL): Would request a study and report 
examining the Coast Guard's ability to respond to effects 
resulting from changes in U.S. immigration policy toward Haiti. 
(10 minutes)
    4. LoBiondo (NJ), Coble (NC): Would require the secretary 
of the Department the Coast Guard is operating in to study 
military family housing and military unaccompanied housing 
available to members and officers of the Coast Guard, would 
authorize the Coast Guard to spend funds on child development 
services, would authorize the Navy Secretary to provide support 
services to chaplain-led programs for Coast Guard members, 
would authorize the President to award a Coast Guard cross and 
silver star when a Coast Guard member distinguishes himself or 
herself in armed conflict. (10 minutes)
    5. LoBiondo (NJ), Michaud (ME): Would require the Secretary 
of Homeland Security, in consultation with the Transportation 
Secretary, to study whether there is a continued need for a 
supplemental air and maritime navigation system as a backup to 
GPS. (10 minutes)
    6. Himes (CT): Would establish within the Department of 
Homeland Security the America's Waterway Watch Program, a 
citizen watch program that promotes voluntary reporting of 
suspected terrorist activity and suspicious behavior along our 
waterways. It would authorize $3 million over the course of six 
years for the program. The Secretary would coordinate with 
other watch programs. The Secretary may also develop 
instructional materials on potential threats and to promote 
voluntary reporting of potential violations of law, and may 
distribute such materials. (10 minutes)
    7. Flake, Jeff (AZ): Would prohibit earmarking the Fishing 
Safety Training Grants Program. (10 minutes)
    8. Flake, Jeff (AZ): Would prohibit earmarking the Fishing 
Safety Research Training Grants Program. (10 minutes)
    9. Kirkpatrick (AZ): Would require that the Secretary of 
the department in which the Coast Guard is operating to develop 
a comprehensive strategy to combat the illicit flow of 
narcotics, weapons, bulk cash, and other contraband through the 
use of submersible and semi-submersible vessels. (10 minutes)
    10. Kratovil (MD): Would require the Coast Guard to study 
the facility infrastructure requirements needed to fulfill the 
Coast Guard's missions and capabilities, and ensure that the 
department in which the Coast Guard is operating maintains the 
ability to utilize the latest technologies. (10 minutes)
    11. Nye (VA): Would state that the marine safety provisions 
of the bill shall not impair the Coast Guard's homeland 
security missions. (10 minutes)
    12. Stupak (MI): Would require a study on the effects of 
the Coast Guard modifying the 2004 Agreement for Outgoing Loans 
with Presque Isle Township, Michigan, in order to provide for 
the return of the Historic Fresnel Lens to the lantern room 
atop the Presque Isle Light Station Lighthouse, Michigan. (10 
minutes)
    13. LoBiondo (NJ), Coble (NC): Would grant limits on 
liability for actions taken by an owner, operator, time 
charterer, master or mariner to defend a U.S. flagged vessel 
against attack by pirates. It also requires the secretary of 
the Department the Coast Guard is in to work through the 
International Maritime Organization to establish agreements to 
promote coordinated action among flag- and port-states to 
protect against piracy. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

  1. An Amendment To Be Offered by Representative Oberstar, James of 
          Minnesota or His Designee, Debatable for 20 Minutes

  Page 10, line 14, strike ``Department'' and insert 
``department''.
  Page 11, line 5, after ``Department of Defense'' insert ``and 
the Department of Homeland Security''.
  Page 17, line 1, strike ``EMERGENCY''.
  Page 24, line 12, after ``Coast Guard'' insert ``is 
operating''.
  Page 38, before line 7, insert the following new subsection:
  (d) Report.--Within 12 months after the date of enactment of 
this Act, the Comptroller General of the United States shall 
report to Congress on the Coast Guard's efforts to recruit 
minority candidates to the Coast Guard Academy. The report 
shall include the following:
          (1) The status of implementation of the Coast Guard's 
        minority recruitment program.
          (2) An assessment of the effectiveness of the 
        program, including the number of minority applicants 
        contacted by the Coast Guard Academy, the number of 
        minority candidates who completed applications to the 
        Academy, the number of minority candidates offered 
        appointments to the Academy, and the number of 
        candidates who accepted such appointments.
          (3) A comparison of the Coast Guard's minority 
        recruitment program with similar programs at other 
        United States service academies.
          (4) Recommendations for enhancing the Coast Guard's 
        minority recruitment program.
          (5) An assessment of the current geographic diversity 
        of cadets currently enrolled at the Coast Guard Academy 
        including information on the number of candidates from 
        each State and region of the United States who were 
        contacted by the Academy, the number of candidates from 
        each State and region of the United States who 
        completed applications to the Academy, the number of 
        candidates from each State and region of the country 
        offered appointments to the Academy, and the number of 
        candidates from each State and region of the country 
        who accepted such appointments.
          (6) Recommendations for increasing the geographic 
        diversity of the student population at the Coast Guard 
        Academy.
  Page 38, line 13, after ``ture'' insert ``and the Committee 
on Homeland Security''.
  Page 44, line 11, strike ``or''.
  Page 44, line 12, before the period insert ``, or an Asian 
American and a Native American Pacific Islander-serving 
institution (as defined in section 320 of such Act)''.
  Page 54, strike line 19 and all that follows through page 55, 
line 11, and insert the following:
  (a) Study.--The Commandant of the Coast Guard, in conjunction 
with the Administrator of the Environmental Protection Agency, 
shall conduct a study--
          (1) that surveys new technology and new applications 
        of existing technology for reducing air emissions from 
        cargo or passenger vessels that operate in United 
        States waters and ports; and
          (2) that identifies the impediments, including any 
        laws or regulations, to demonstrating the technology 
        identified in paragraph (1).
  (b) Report.--Within 180 days after the date of enactment of 
this Act, the Commandant shall submit a report on the results 
of the study conducted under subsection (a) to the Committee on 
Transportation and Infrastructure and the Committee on Energy 
and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation and the Committee on 
Environment and Public Works of the Senate.
  Page 57, line 25, strike ``safe, secure, and reliable'' and 
insert ``safe and secure''.
  Page 58, line 7, strike ``shall work'' and insert ``is 
encouraged to enter into negotiations''.
  Page 58, line 8, strike ``establish'' and insert ``conclude 
and execute''.
  Page 58, line 14, strike ``icebreaking escort'' and insert 
``marine safety''.
  Page 59, line 13, strike ``assure the reasonable demands of 
commerce'' and insert ``carry out the purposes of this 
section''.
  Page 59, line 17, after ``emissions'' insert ``(including 
black carbon and other emissions that could contribute to 
climate change)''.
  Page 62, strike line 12 and all that follows through page 64, 
line 22, and insert the following:

SEC. 559. LORAN-C SIGNAL.

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

SEC. __. PILOT REQUIRED.

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

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

  (a) In General.--Section 3316 of title 46, United States 
Code, is amended by adding at the end the following new 
subsection:
  ``(d)(1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the 
Secretary as meeting acceptable standards for such a society, 
for a United States offshore facility, the authority to--
          ``(A) review and approve plans required for issuing a 
        certificate of inspection, a certificate of compliance, 
        or any other certification and related documents issued 
        by the Coast Guard pursuant to regulations issued under 
        section 30 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1356); and
          ``(B) conduct inspections and examinations.
  ``(2) The Secretary may make a delegation under paragraph (1) 
to a foreign classification society only if--
          ``(A) the foreign society has offices and maintains 
        records in the United States; and
          ``(B)(i) the government of the foreign country in 
        which the foreign society is headquartered delegates 
        that authority to the American Bureau of Shipping; or
          ``(ii) the Secretary has entered into an agreement 
        with the government of the foreign country in which the 
        foreign society is headquartered that--
                  ``(I) ensures the government of the foreign 
                country will accept plan review, inspections, 
                or examinations conducted by the American 
                Bureau of Shipping and provide equivalent 
                access to inspect, certify, and provide related 
                services to offshore facilities located in that 
                country or operating under the authority of 
                that country; and
                  ``(II) is in full accord with principles of 
                reciprocity in regards to any delegation 
                contemplated by the Secretary under paragraph 
                (1).
  ``(3) If an inspection or examination is conducted under 
authority delegated under this subsection, the person to which 
the authority was delegated--
          ``(A) shall maintain in the United States complete 
        files of all information derived from or necessarily 
        connected with the inspection or examination for at 
        least 2 years after the United States offshore facility 
        ceases to be certified; and
          ``(B) shall permit access to those files at all 
        reasonable times to any officer, employee, or member of 
        the Coast Guard designated--
                  ``(i) as a marine inspector and serving in a 
                position as a marine inspector; or
                  ``(ii) in writing by the Secretary to have 
                access to those files.
  ``(4) For purposes of this subsection--
          ``(A) the term `offshore facility' means any 
        installation, structure, or other device (including any 
        vessel not documented under chapter 121 of this title 
        or the laws of another country), fixed or floating, 
        that dynamically holds position or is temporarily or 
        permanently attached to the seabed or subsoil under the 
        sea; and
          ``(B) the term `United States offshore facility' 
        means any offshore facility, fixed or floating, that 
        dynamically holds position or is temporarily or 
        permanently attached to the seabed or subsoil under the 
        territorial sea of the United States or the outer 
        Continental Shelf (as that term is defined in section 2 
        of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1331)), including any vessel, rig, platform, or other 
        vehicle or structure subject to regulation under 
        section 30 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1356).''.
  (b) Review and Approval of Classification Society Required.--
Section 3316(c) of title 46, United States Code, is amended by 
striking so much as precedes paragraph (2) and inserting the 
following:
  ``(c)(1) A classification society (including an employee or 
agent of that society) may not review, examine, survey, or 
certify the construction, repair, or alteration of a vessel in 
the United States unless the society has applied for approval 
under this subsection and the Secretary has reviewed and 
approved that society with respect to the conduct of that 
society under paragraph (2).''.
  Page 215, line 11, strike ``United States Coast Guard'' and 
insert ``Coast Guard''.
  Page 215, beginning at line 15, strike ``U.S. Coast Guard'' 
and insert ``Coast Guard''.
  Page 218, line 17, strike ``United States Coast Guard'' and 
insert ``Coast Guard''.
  Page 221, beginning at line 12, strike ``United States Coast 
Guard'' and insert ``Coast Guard''.
  Page 226, beginning at line 5, strike ``this section or a 
regulation under this section'' and insert ``the log book or 
reporting requirements required under subsection (g)''.
  Page 230, line 22, strike ``United States Coast Guard'' and 
insert ``Coast Guard''.
  Page 231, strike lines 17 through 21 and insert the 
following:
  ``A person who uses force at sea to defend a vessel against 
an act of piracy shall not be liable for monetary damages in 
any action brought with respect to harm caused by such use of 
force to anyone engaging in such act of piracy, unless the 
person using such force knew at the time that it was 
substantially in excess of what was reasonable in defending the 
vessel against such act of piracy.''.
  Page 235, line 5, after ``local'' insert a comma.
  Page 235, line 13, strike ``and''.
  Page 235, line 15, strike the period and insert ``; and''.
  Page 235, after line 15, insert the following new 
subparagraph:
                  (C) architecture for integrated interagency 
                targeting.
  Page 237, strike lines 21 and 22 and insert the following: 
``Department of Homeland Security; and''.
  Page 238, line 9, strike ``2008'' and insert ``2010''.
  Page 242, line 5, before the period insert ``and facial and 
iris scan technology''.
  Page 242, after line 5, add the following new subsection:
  (e) Study on Combination of Facial and Iris Recognition.--
          (1) Study required.--The Secretary of Homeland 
        Security shall carry out a study on the use by the 
        Coast Guard of the combination of facial and iris 
        recognition to rapidly identify individuals for 
        security purposes. Such study shall focus on--
                  (A) increased accuracy of facial recognition;
                  (B) enhancement of existing iris recognition 
                technology; and
                  (C) establishment of integrated face and iris 
                features for accurate identification of 
                individuals.
          (2) Purpose of study.--The purpose of the study 
        required by paragraph (1) is to facilitate the use of a 
        combination of facial and iris recognition to provide a 
        higher probability of success in identification than 
        either approach on its own and to achieve 
        transformational advances in the flexibility, 
        authenticity, and overall capability of integrated 
        biometric detectors and satisfy one of major issues 
        with war against terrorists. The operational goal of 
        the study should be to provide the capability to 
        nonintrusively collect biometrics (face image, iris) in 
        an accurate and expeditious manner to assist the Coast 
        Guard in fulfilling its mission to protect and support 
        national security.
  Page 243, line 4, strike ``Card'' and insert ``Credential''.
  Page 243, line 23, strike ``(3)'' and insert ``(4)''.
  Page 244, line 1, strike ``(4)'' and insert ``(5)''.
  Page 244, strike line 5 and all that follows through page 
245, line 2 (and redesignate accordingly).
  Page 248, strike line 8 and all that follows through page 
250, line 11, and insert the following:

SEC. __. WATERSIDE SECURITY OF CERTAIN DANGEROUS CARGO.

  (a) National Study.--
          (1) In general.--The Secretary of Homeland Security, 
        acting through the Commandant of the Coast Guard, 
        shall--
                  (A) initiate a national study to identify 
                measures to improve the security of maritime 
                transportation of certain dangerous cargo; and
                  (B) coordinate with other Federal agencies, 
                the National Maritime Security Advisory 
                Committee, and appropriate State and local 
                government officials through the Area Maritime 
                Security Committees and other existing 
                coordinating committees, to evaluate the 
                waterside security of vessels carrying, and 
                waterfront facilities handling, certain 
                dangerous cargo.
          (2) Matters to be included.--The study conducted 
        under this subsection shall include--
                  (A) an analysis of existing risk assessment 
                information relating to waterside security 
                generated by the Coast Guard and Area Maritime 
                Security Committees as part of the Maritime 
                Security Risk Assessment Model;
                  (B) a review and analysis of appropriate 
                roles and responsibilities of maritime 
                stakeholders, including Federal, State, and 
                local law enforcement and industry security 
                personnel, responsible for waterside security 
                of vessels carrying, and waterfront facilities 
                handling, certain dangerous cargo, including--
                          (i) the number of ports in which 
                        State and local law enforcement 
                        entities are providing any services to 
                        enforce Coast Guard-imposed security 
                        zones around vessels transiting to, 
                        through, or from United States ports or 
                        to conduct security patrols in United 
                        States ports;
                          (ii) the number of formal agreements 
                        entered into between the Coast Guard 
                        and State and local law enforcement 
                        entities to engage State and local law 
                        enforcement entities in the enforcement 
                        of Coast Guard-imposed security zones 
                        around vessels transiting to, through, 
                        or from United States ports or the 
                        conduct of port security patrols in 
                        United States ports, the duration of 
                        those agreements, and the aid that 
                        State and local entities are engaged to 
                        provide through such agreements;
                          (iii) the extent to which the Coast 
                        Guard has set national standards for 
                        training, equipment, and resources to 
                        ensure that State and local law 
                        enforcement entities engaged in 
                        enforcing Coast Guard-imposed security 
                        zones around vessels transiting to, 
                        through, or from United States ports or 
                        in conducting port security patrols in 
                        United States ports (or both) can deter 
                        to the maximum extent practicable a 
                        transportation security incident;
                          (iv) the extent to which the Coast 
                        Guard has assessed the ability of State 
                        and local law enforcement entities to 
                        carry out the security assignments that 
                        they have been engaged to perform, 
                        including their ability to meet any 
                        national standards for training, 
                        equipment, and resources that have been 
                        established by the Coast Guard in order 
                        to ensure that those entities can deter 
                        to the maximum extent practicable a 
                        transportation security incident;
                          (v) the extent to which State and 
                        local law enforcement entities are able 
                        to meet national standards for 
                        training, equipment, and resources 
                        established by the Coast Guard to 
                        ensure that those entities can deter to 
                        the maximum extent practicable a 
                        transportation security incident;
                          (vi) the differences in law 
                        enforcement authority, and particularly 
                        boarding authority, between the Coast 
                        Guard and State and local law 
                        enforcement entities, and the impact 
                        that these differences have on the 
                        ability of State and local law 
                        enforcement entities to provide the 
                        same level of security that the Coast 
                        Guard provides during the enforcement 
                        of Coast Guard-imposed security zones 
                        and the conduct of security patrols in 
                        United States ports; and
                          (vii) the extent of resource, 
                        training, and equipment differences 
                        between State and local law enforcement 
                        entities and the Coast Guard units 
                        engaged in enforcing Coast Guard-
                        imposed security zones around vessels 
                        transiting to, through, or from United 
                        States ports or conducting security 
                        patrols in United States ports;
                  (C) recommendations for risk-based security 
                measures to improve waterside security of 
                vessels carrying, and waterfront facilities 
                handling, certain dangerous cargo; and
                  (D) identification of security funding 
                alternatives, including an analysis of the 
                potential for cost-sharing by the public and 
                private sectors as well as any challenges 
                associated with such cost-sharing.
          (3) Information protection.--In carrying out the 
        coordination necessary to effectively complete the 
        study, the Commandant shall implement measures to 
        ensure the protection of any sensitive security 
        information, proprietary information, or classified 
        information collected, reviewed, or shared during 
        collaborative engagement with maritime stakeholders and 
        other Government entities, except that nothing in this 
        paragraph shall constitute authority to withhold 
        information from--
                  (A) the Congress; or
                  (B) first responders requiring such 
                information for the protection of life or 
                property.
          (4) Report.--Not later than 12 months after the date 
        of enactment of this Act, the Secretary, acting through 
        the Commandant, shall submit to the Committees on 
        Homeland Security and Transportation and Infrastructure 
        of the House of Representatives and the Committees on 
        Commerce, Science, and Transportation and Homeland 
        Security and Governmental Affairs of the Senate a 
        report on the results of the study under this 
        subsection.
  (b) National Strategy.--Not later than 6 months after 
submission of the report required by subsection (a), the 
Secretary, acting through the Commandant, shall develop, in 
conjunction with appropriate Federal agencies, a national 
strategy for the waterside security of vessels carrying, and 
waterfront facilities handling, certain dangerous cargo. The 
strategy shall utilize the results of the study required by 
subsection (a).
  (c) Security of Certain Dangerous Cargo.--
          (1) Enforcement of security zones.--Consistent with 
        other provisions of Federal law, the Coast Guard shall 
        coordinate and be responsible for the enforcement of 
        any Federal security zone established by the Coast 
        Guard around a vessel containing certain dangerous 
        cargo. The Coast Guard shall allocate available 
        resources so as to deter and respond to a 
        transportation security incident, to the maximum extent 
        practicable, and to protect lives or protect property 
        in danger.
          (2) Limitation on reliance on state and local 
        government.--Any security arrangement approved after 
        the date of enactment of this Act to assist in the 
        enforcement of any security zone established by the 
        Coast Guard around a vessel carrying a certain 
        dangerous cargo or around a waterfront facility 
        handling a certain dangerous cargo may not be based 
        upon the provision of security by a State or local 
        government unless the Secretary, acting through the 
        Commandant of the Coast Guard, ensures that the 
        waterborne patrols operated as part of that security 
        arrangement by a State or local government have the 
        training, resources, personnel, and experience 
        necessary to carry out the security responsibilities 
        that they have been engaged to perform in order, to the 
        maximum extent practicable, to deter and respond to a 
        transportation security incident.
          (3) Determination required for new facilities.--The 
        Secretary of Homeland Security, acting through the 
        Commandant of the Coast Guard, may not approve a 
        facility security plan under section 70103 of title 46, 
        United States Code, for a new facility the construction 
        of which is begun after the date of enactment of this 
        Act, that receives or ships through maritime commerce 
        certain dangerous cargo unless the Secretary determines 
        that there are sufficient resources available to ensure 
        compliance with the facility security plan.
          (4) Resource deficiency reporting.--The Secretary, 
        acting through the Commandant of the Coast Guard, shall 
        provide to the Committees on Homeland Security and 
        Transportation and Infrastructure of the House of 
        Representatives and the Committees on Commerce, 
        Science, and Transportation and Homeland Security and 
        Governmental Affairs of the Senate 90 days after the 
        end of each fiscal year a report indicating--
                  (A) the number of security zones established 
                for certain dangerous cargo shipments;
                  (B) the number of certain dangerous cargo 
                shipments provided a waterborne security 
                escort, subdivided by Federal, State, local, or 
                private security; and
                  (C) an assessment as to any additional 
                vessels, personnel, infrastructure, and other 
                resources necessary to provide waterborne 
                escorts to those certain dangerous cargo 
                shipments for which a security zone is 
                established.
  (d) Definitions.--For the purposes of this section, the 
following definitions apply:
          (1) Certain dangerous cargo.--The term ``certain 
        dangerous cargo'' means a material, or a group or class 
        of material, in a particular amount and form that the 
        Secretary, through the Commandant, determines by 
        regulation poses a significant risk of creating a 
        transportation security incident while being 
        transported in maritime commerce.
          (2) Area maritime security committee.--The term 
        ``Area Maritime Security Committee'' means each of 
        those committees responsible for producing Area 
        Maritime Transportation Security Plans under chapter 
        701 of title 46, United States Code.
          (3) Transportation security incident.--The term 
        ``transportation security incident'' has the same 
        meaning as that term has in section 70101 of title 46, 
        United States Code.
  Page 250, line 14, strike ``Determination'' and insert 
``Recommendation''.
  Page 250, lines 17 and 23, strike ``determination'' each 
place it appears and insert ``recommendation''.
  Page 251, strike line 12 and all that follows through page 
254, line 13.
  Page 254, line 22, strike ``September 23, 2009'' and insert 
``the date of enactment of this Act''.
  Page 255, after line 6, insert the following new section:

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

  The Secretary of the department in which the Coast Guard is 
operating shall assess and report to Congress on the 
feasibility of efforts to mitigate the threat of small boat 
attack in security zones of major ports, including specifically 
the use of transponders or radio frequency identification 
devices to track small boats.
  Page 255, line 25, strike ``United States Coast Guard'' and 
insert ``Coast Guard''.
  At the end of title XI (page 255, after line 6), add the 
following new sections:

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

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

SEC. ___. ANIMAL-PROPELLED VESSELS.

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

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

  Section 70105 of title 46, United States Code, is amended by 
adding at the end the following new subsections:
  ``(n) Escorting.--The Secretary shall coordinate with owners 
and operators subject to this section to allow any individual 
who has a pending application for a transportation security 
card under this section or is waiting for reissuance of such 
card, including any individual whose card has been lost or 
stolen, and who needs to perform work in a secure or restricted 
area to have access to such area for that purpose through 
escorting of such individual in accordance with subsection 
(a)(1)(B) by another individual who holds a transportation 
security card.
  ``(o) Processing Time.--The Secretary shall review an initial 
transportation security card application and respond to the 
applicant, as appropriate, including the mailing of an Initial 
Determination of Threat Assessment letter, within 30 days after 
receipt of the initial application. The Secretary shall, to the 
greatest extent practicable, review appeal and waiver requests 
submitted by a transportation security card applicant, and send 
a written decision or request for additional information 
required for the appeal or waiver determination, within 30 days 
after receipt of the applicant's appeal or waiver written 
request. For an applicant that is required to submit additional 
information for an appeal or waiver determination, the 
Secretary shall send a written decision, to the greatest extent 
practicable, within 30 days after receipt of all requested 
information.
  ``(p) Receipt of Cards.--Within 180 days after the date of 
enactment of the Transportation Security Administration 
Authorization Act, the Secretary shall develop a process to 
permit an individual approved for a transportation security 
card under this section to receive the card at the individual's 
place of residence.
  ``(q) Fingerprinting.--The Secretary shall establish 
procedures providing for an individual who is required to be 
fingerprinted for purposes of this section to be fingerprinted 
at facilities operated by or under contract with an agency of 
the Department of the Secretary that engages in fingerprinting 
the public for transportation security or other security 
purposes.
  ``(r) Redundant Background Checks.--The Secretary shall 
prohibit a State or political subdivision thereof from 
requiring a separate security background check for any purpose 
for which a transportation security card is issued under this 
section. The Secretary may waive the application of this 
subsection with respect to a State or political subdivision 
thereof if the State or political subdivision demonstrates a 
compelling homeland security reason that a separate security 
background check is necessary.''.

SEC. ___. HARMONIZING SECURITY CARD EXPIRATIONS.

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

SEC. __. ADMINISTRATION OF MARITIME SECURITY.

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

``Sec. 103. Maritime security

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

``103. Maritime security.''.

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

``Sec. 60. Maritime security workforce

  ``(a) Designation of Maritime Security Workforce.--
          ``(1) In general.--The Secretary, acting through the 
        Commandant, shall ensure appropriate coverage of 
        maritime security missions within the workforce in each 
        sector.
          ``(2) Required positions.--In designating positions 
        under paragraph (1), the Secretary shall include the 
        following maritime security-related positions:
                  ``(A) Program oversight.
                  ``(B) Counterterrorism functions.
                  ``(C) Counterintelligence functions.
                  ``(D) Criminal investigations related to 
                maritime security.
                  ``(E) Port security enforcement.
                  ``(F) Any other activities that the 
                Commandant deems as necessary.
          ``(3) Maritime security management activities.--The 
        Secretary shall also designate under paragraph (1) 
        those maritime security-related management positions 
        located at Coast Guard headquarters, Coast Guard 
        Readiness Command, Coast Guard Operations Command, the 
        Deployable Operations Group, and the Intelligence 
        Coordination Center.
  ``(b) Career Paths.--The Secretary, acting through the 
Commandant, may establish appropriate career paths for civilian 
and military Coast Guard personnel who wish to pursue careers 
in maritime security are identified in terms of the education, 
training, experience, and assignments necessary for career 
progression of civilians and members of the Armed Forces to the 
most senior maritime security positions. The Secretary shall 
make available published information on such career paths.
  ``(c) Balanced Workforce Policy.--In the development of 
maritime security workforce policies under this section with 
respect to any civilian employees or applicants for employment 
with the Coast Guard, the Secretary shall, consistent with the 
merit system principles set out in paragraphs (1) and (2) of 
section 2301(b) of title 5, take into consideration the need to 
maintain a balanced workforce in which women and members of 
racial and ethnic minority groups are appropriately represented 
in Government service.
  ``(d) Sector Chief of Maritime Security.--
          ``(1) In general.--The Commandant may assign, as 
        appropriate, a Chief of Maritime Security who shall be 
        at least a Lieutenant Commander or civilian employee 
        within the grade GS-13 of the General Schedule in each 
        Coast Guard sector.
          ``(2) Functions.--The Chief of Maritime Security for 
        a sector--
                  ``(A) is responsible for all individuals who, 
                on behalf of the Coast Guard, conduct port 
                security operations, counterterrorism 
                operations, intelligence and 
                counterintelligence operations, and support 
                national defense operations; and
                  ``(B) if not the Coast Guard officer in 
                command of that sector, is the principal 
                advisor to the Sector Commander regarding 
                maritime security matters in that sector.
  ``(f) Signatories of Letter of Qualification.--Each 
individual signing a letter of qualification for maritime 
security personnel must hold a letter of qualification for the 
type being certified.

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

  ``(a) Establishment.--The Commandant may establish and 
operate one or more centers of Maritime Security (in this 
section referred to as a `Center').
  ``(b) Missions.--The Centers shall--
          ``(1) be used to facilitate education, training, and 
        research in maritime security including maritime domain 
        awareness, counterterrorism policy and operations, and 
        intelligence collection, fusion, and dissemination;
          ``(2) develop a repository on information on maritime 
        security; and
          ``(3) perform any other function as the Commandant 
        may specify.
  ``(c) Joint Operation With Educational Institution 
Authorized.--The Commandant may enter into an agreement with an 
appropriate official of an institution of higher education to--
          ``(1) provide for joint operation of a Center; and
          ``(2) provide necessary administrative service for a 
        Center, including administration and allocation of 
        funds.
  ``(d) Acceptance of Donations.--
          ``(1) In general.--The Commandant may accept, on 
        behalf of a center, donations to be used to defray the 
        costs of the Center or to enhance the operation of the 
        Center.
          ``(2) Guidance.--The Commandant shall prescribe 
        written guidance setting forth the criteria to be used 
        in determining if the acceptance of a donation is 
        appropriate.''.
          (2) Clerical amendment.--The analysis at the 
        beginning of such chapter is further amended by adding 
        at the end the following new items:

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

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

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

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

SEC. __. TALL SHIP CHALLENGE RACE.

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

SEC. __. HAITIAN MARITIME CADETS.

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

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

  (a) In General.--Upon the request of the Governor of the 
State of Texas or the Governor of the State of Oklahoma, the 
Secretary of the department in which the Coast Guard is 
operating shall enter into an agreement with the Governor of 
the State whereby the State shall license operators of 
uninspected passenger vessels operating on Lake Texoma in Texas 
and Oklahoma in lieu of the Secretary issuing the license 
pursuant to section 8903 of title 46, United States Code, and 
the regulations issued thereunder, but only if the State plan 
for licensing the operators of uninspected passenger vessels--
          (1) meets the equivalent standards of safety and 
        protection of the environment as those contained in 
        subtitle II of title 46, United States Code, and 
        regulations issued thereunder;
          (2) includes--
                  (A) standards for chemical testing for such 
                operators;
                  (B) physical standards for such operators;
                  (C) professional service and training 
                requirements for such operators; and
                  (D) criminal history background check for 
                such operators;
          (3) provides for the suspension and revocation of 
        State licenses;
          (4) makes an individual, who is ineligible for a 
        license issued under title 46, United States Code, 
        ineligible for a State license; and
          (5) provides for a report that includes--
                  (A) the number of applications that, for the 
                preceding year, the State rejected due to 
                failure to--
                          (i) meet chemical testing standards;
                          (ii) meet physical standards;
                          (iii) meet professional service and 
                        training requirements; and
                          (iv) pass criminal history background 
                        check for such operators;
                  (B) the number of licenses that, for the 
                preceding year, the State issued;
                  (C) the number of license investigations 
                that, for the preceding year, the State 
                conducted;
                  (D) the number of licenses that, for the 
                preceding year, the State suspended or revoked, 
                and the cause for such suspensions or 
                revocations; and
                  (E) the number of injuries, deaths, 
                collisions, and loss or damage associated with 
                uninspected passenger vessels operations that, 
                for the preceding year, the State investigated.
  (b) Administration.--
          (1) The Governor of the State may delegate the 
        execution and enforcement of the State plan, including 
        the authority to license and the duty to report 
        information pursuant to subsection (a), to any 
        subordinate State officer. The Governor shall provide, 
        to the Secretary, written notice of any delegation.
          (2) The Governor (or the Governor's designee) shall 
        provide written notice of any amendment to the State 
        plan no less than 45 days prior to the effective date 
        of such amendment.
          (3) At the request of the Secretary, the Governor of 
        the State (or the Governor's designee) shall grant, on 
        a biennial basis, the Secretary access to State records 
        and State personnel for the purpose of auditing State 
        execution and enforcement of the State plan.
  (c) Application.--
          (1) The requirements of section 8903 of title 46, 
        United States Code, and the regulations issued 
        thereunder shall not apply to any person operating 
        under the authority of a State license issued pursuant 
        to an agreement under this section.
          (2) The State shall not compel a person, operating 
        under the authority of a license issued either by 
        another State, pursuant to a valid agreement under this 
        section, or by the Secretary, pursuant to section 8903 
        of title 46, United States Code, to--
                  (A) hold a license issued by the State, 
                pursuant to an agreement under this section; or
                  (B) pay any fee, associated with licensing, 
                because the person does not hold a license 
                issued by the State, pursuant to an agreement 
                under this section.
        Nothing in this paragraph shall limit the authority of 
        the State to impose requirements or fees for 
        privileges, other than licensing, that are associated 
        with the operation of uninspected passenger vessels on 
        Lake Texoma.
          (3) For the purpose of enforcement, if an individual 
        is issued a license--
                  (A) by a State, pursuant to an agreement 
                entered into under this section; or
                  (B) by the Secretary, pursuant to section 
                8903 of title 46, United States Code,
        then the individual shall be entitled to lawfully 
        operate an uninspected passenger vessel on Lake Texoma 
        in Texas and Oklahoma without further requirement to 
        hold an additional operator's license.
  (d) Termination.--
          (1) If--
                  (A) the Secretary finds that the State plan 
                for licensing the operators of uninspected 
                passenger vessels--
                          (i) does not meet the equivalent 
                        standards of safety and protection of 
                        the environment as those contained in 
                        subtitle II of title 46, United States 
                        Code, and regulations issued 
                        thereunder;
                          (ii) does not include--
                                  (I) standards for chemical 
                                testing for such operators,
                                  (II) physical standards for 
                                such operators,
                                  (III) professional service 
                                and training requirements for 
                                such operators, or
                                  (IV) background and criminal 
                                investigations for such 
                                operators;
                          (iii) does not provide for the 
                        suspension and revocation of State 
                        licenses; or
                          (iv) does not make an individual, who 
                        is ineligible for a license issued 
                        under title 46, United States Code, 
                        ineligible for a State license; or
                  (B) the Governor (or the Governor's designee) 
                fails to report pursuant to subsection (b), the 
                Secretary shall terminate the agreement 
                authorized by this section, provided that the 
                Secretary provides written notice to the 
                Governor of the State 60 days in advance of 
                termination. The findings of fact and 
                conclusions of the Secretary, if based on a 
                preponderance of the evidence, shall be 
                conclusive.
          (2) The Governor of the State may terminate the 
        agreement authorized by this section, provided that the 
        Governor provides written notice to the Secretary 60 
        days in advance of the termination date.
  (e) Existing Authority.--Nothing in this section shall affect 
or diminish the authority or jurisdiction of any Federal or 
State officer to investigate, or require reporting of, marine 
casualties.
  (f) Definitions.--For the purposes of this section, the term 
``uninspected passenger vessel'' has the same meaning such term 
has in section 2101(42)(B) of title 46, United States Code.

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

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

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

  Section 347 of the Maritime Transportation Security Act of 
2002 (116 Stat. 2108; as amended by section 706 of Public Law 
109-347 (120 Stat. 1946)) is amended--
          (1) in subsection (c)(1), by striking ``December 31, 
        2009'' and inserting ``December 31, 2011'';
          (2) in subsection (d)(1), by striking ``its proposed 
        public aquarium'' and inserting ``a new building in 
        compliance with the waterfront provisions of the City 
        of Portland Code of Ordinances adjacent to the pier and 
        bulkhead''; and
          (3) in subsection (i), by adding at the end the 
        following new paragraph
          ``(3) Public aquarium.--For purposes of this section, 
        the term `aquarium' or `public aquarium' as used in 
        this section or in the deed delivered to the 
        Corporation or any agreement entered into pursuant to 
        this section, means any new building constructed by the 
        Corporation adjacent to the pier and bulkhead in 
        compliance with the waterfront provisions of the City 
        of Portland Code of Ordinances.''.

SEC. __. TUG ESCORTS FOR LADEN OIL TANKERS.

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


 2. An Amendment To Be Offered by Representative Mica, John of Florida 
               or His Designee, Debatable for 10 Minutes

  Page 312, after line 22, add the following new section:

SEC. __. BACKGROUND CHECKS.

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


  3. An Amendment To Be Offered by Representative Hastings, Alcee of 
           Florida or His Designee, Debatable for 10 Minutes

  Page 312, after line 22, add the following new section:

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

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


4. An Amendment To Be Offered by Representative LoBiondo, Frank of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Page 312, after line 22, add the following new title:

              TITLE __--SERVICEMEMBER BENEFITS IMPROVEMENT

SEC. _01. SHORT TITLE.

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

SEC. _02. COAST GUARD HOUSING.

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

SEC. _03. CHILD DEVELOPMENT SERVICES.

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

SEC. _04. CHAPLAIN ACTIVITY EXPENSE.

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

SEC. _05. COAST GUARD CROSS; SILVER STAR MEDAL.

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

``Sec. 491a. Coast Guard cross

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

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

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

``Sec. 492a. Silver star medal

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

``491a. Coast Guard cross.''.

          (2) by striking the item relating to section 492a and 
        inserting the following new items:

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

                    ____________________________________________________

5. An Amendment To Be Offered by Representative LoBiondo, Frank of New 
            Jersey or His Designee, Debatable for 10 Minutes

  At the end of title II, add the following:

SEC. __. SUPPLEMENTAL POSITIONING SYSTEM.

  (a) Study Required.--The Secretary, in consultation with the 
Secretary of Transportation and other heads of appropriate 
Federal departments, shall conduct a study to determine whether 
there is a continued need for a supplemental air and maritime 
navigation system as a backup to the Global Positioning System.
  (b) Study Components.--The study shall--
          (1) analyze the impact of the termination of a 
        supplemental system may have on maritime and aviation 
        safety, including general aviation;
          (2) review national navigational capabilities 
        available in the event of a loss of the Global 
        Positioning System;
          (3) investigate the capabilities of currently 
        available radionavigational technologies and systems, 
        including the LORAN-C program currently operated by the 
        Coast Guard as well as modernized LORAN systems, and 
        costs and infrastructure requirements necessary to 
        establish a supplemental system nationwide; and
          (4) include recommendations for future courses of 
        action.
  (c) Public Comment.--The Secretary shall--
          (1) publish in the Federal Register a draft report 
        containing findings, conclusions, and recommendations 
        from the study required by subsection (a);
          (2) accept public comments regarding such draft 
        report for a period of not less than 60 days after the 
        date the draft report is published in the Federal 
        Register; and
          (3) consider any such public comments in the 
        preparation of a final report under subsection (d).
  (d) Final Report.--The Secretary shall submit a final report, 
including the findings and recommendations, of the study 
required under subsection (a) and responses to comments 
gathered under subsection (c) to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than 1 year after the 
enactment of this Act.
  (e) Secretary Defined.--As used in this section, the term 
``Secretary'' means the Secretary of the department in which 
the Coast Guard is operating.
                              ----------                              


    6. An Amendment To Be Offered by Representative Himes, James of 
         Connecticut or His Designee, Debatable for 10 Minutes

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

SEC. __. AMERICA'S WATERWAY WATCH PROGRAM.

  (a) Short Title.--This section may be cited as the 
``America's Waterway Watch Act''.
  (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security should establish, within the 
Department of Homeland Security, citizen watch programs that 
promote voluntary reporting of suspected terrorist activity and 
suspicious behavior.
  (c) America's Waterway Watch Program.--
          (1) In general.--There is hereby established, within 
        the Coast Guard, the America's Waterway Watch Program 
        (hereinafter in this section referred to as the 
        ``Program'').
          (2) Purpose.--The Secretary of Homeland Security, 
        acting through the Commandant of the Coast Guard, shall 
        administer the Program in a manner that promotes 
        voluntary reporting of activities that may indicate 
        that a person or persons may be preparing to engage or 
        engaging in a violation of law relating to a threat or 
        an act of terrorism (as that term is defined in section 
        3077 of title 18, United States Code) against a vessel, 
        facility, port, or waterway.
          (3) Information; training.--
                  (A) Information.--The Secretary, acting 
                through the Commandant, may establish, as an 
                element of the Program, a network of 
                individuals and community-based organizations 
                that enhance the situational awareness within 
                the Nation's ports and waterways. Such network 
                shall, to the extent practicable, be conducted 
                in cooperation with Federal, State, and local 
                law enforcement agencies.
                  (B) Training.--The Secretary, acting through 
                the Commandant, may provide training in--
                          (i) observing and reporting on 
                        covered activities; and
                          (ii) sharing such reports and 
                        coordinating the response by Federal, 
                        State, and local law enforcement 
                        agencies.
          (4) Instructional materials.--
                  (A) In general.--The Secretary of Homeland 
                Security, acting through the Commandant of the 
                Coast Guard, may--
                          (i) develop instructional materials 
                        that--
                                  (I) provide information on 
                                inland waterways, ports and 
                                harbors, and coastal regions 
                                for a specific region, as well 
                                as specific vulnerabilities and 
                                threats common to a specific 
                                region; and
                                  (II) promote voluntary 
                                reporting of activities that 
                                may indicate that a person or 
                                persons may be preparing to 
                                engage or engaging in a 
                                violation of law relating to a 
                                threat or an act of terrorism 
                                (as that term is defined in 
                                section 3077 of title 18, 
                                United States Code) against a 
                                vessel, facility, port, or 
                                waterway; and
                          (ii) distribute such materials to 
                        States, political subdivisions of the 
                        States, or non-governmental 
                        organizations that provide instruction 
                        on boating or vessel operation in 
                        conjunction with any other instruction 
                        provided.
                  (B) Dissemination.--The Secretary, acting 
                through the Commandant--
                          (i) shall ensure that such materials 
                        are made available to any person or 
                        persons; and
                          (ii) is authorized to require, as a 
                        condition of receipt of funding or 
                        materials, pursuant to subparagraph 
                        (A), that the recipient of such funding 
                        or materials develops a program to 
                        reach the widest possible audience.
                  (C) Eligibility, federal assistance.--The 
                receipt, use, and dissemination of such 
                materials shall not diminish the eligibility of 
                any State, political subdivision of such State, 
                or non-governmental organization to receive 
                Federal assistance or reduce the amount of 
                Federal assistance that such State, political 
                subdivision of such State, or non-governmental 
                organization that otherwise receive.
          (5) Voluntary participation.--Participation in the 
        Program--
                  (A) shall be wholly voluntary;
                  (B) shall not be a prerequisite to 
                eligibility for, or receipt of, any other 
                service or assistance from, or to participation 
                in, any other program of any kind; and
                  (C) shall not require disclosure of 
                information regarding the individual reporting 
                covered activities or, for proprietary 
                purposes, the location of such individual.
          (6) Definitions.--In this subsection:
                  (A) The term ``covered activity'' means any 
                suspicious transaction, activity, or occurrence 
                that involves, or is directed against, a vessel 
                or facility (as that term is defined in section 
                70101(2) of title 46, United States Code) 
                indicating that an individual or individuals 
                may be preparing to engage, or engaging, in a 
                violation of law relating to--
                          (i) a threat to a vessel, facility, 
                        port, or waterway; or
                          (ii) an act of terrorism (as that 
                        term is defined in section 3077 of 
                        title 18, United States Code).
                  (B) The term ``facility'' has the same 
                meaning such term has in section 70101(2) of 
                title 46, United States Code.
          (7) Authorization of appropriations.--There is 
        authorized to be appropriated for the purposes of this 
        section $3,000,000 for fiscal years 2010 through 2015. 
        Such funds shall remain available until expended.
  (d) Coordination.--The Secretary shall coordinate the Program 
with other like watch programs. The Secretary shall submit, 
concurrent with the President's budget submission for each 
fiscal year, a report on coordination of the Program and like 
watch programs within the Department of Homeland Security to 
the Committee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Homeland Security of the House 
of Representatives.
                              ----------                              


7. An Amendment To Be Offered by Representative Flake, Jeff of Arizona 
               or His Designee, Debatable for 10 Minutes

  Page 182, after line 14, insert the following:
  (g) Prohibition on Earmarks.--None of the funds appropriated 
for the Fishing Safety Training Grants Program pursuant to 
section 4502(i) of title 46, United States Code, as amended by 
this section, may be used for a Congressional earmark as 
defined in clause 9(d) of rule XXI of the Rules of the House of 
Representatives.
                              ----------                              


8. An Amendment To Be Offered by Representative Flake, Jeff of Arizona 
               or His Designee, Debatable for 10 Minutes

  Page 182, after line 14, insert the following:
  (g) Prohibition on Earmarks.--None of the funds appropriated 
for the Fishing Safety Research Grant Program pursuant to 
section 4502(j) of title 46, United States Code, as amended by 
this section, may be used for a Congressional earmark as 
defined in clause 9(d) of rule XXI of the Rules of the House of 
Representatives.
                              ----------                              


  9. An Amendment To Be Offered by Representative Kirkpatrick, Ann of 
           Arizona or Her Designee, Debatable for 10 Minutes

  Page 312, after line 22, add the following new section:

SEC. __. STRATEGY REGARDING DRUG TRAFFICKING VESSELS.

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


 10. An Amendment To Be Offered by Representative Kratovil, Jr., Frank 
         of Maryland or His Designee, Debatable for 10 Minutes

  Page 312, after line 22, add the following new section:

SEC. ___. REPORT ON THE EFFECT OF FACILITIES INFRASTRUCTURE ON MISSION 
                    FULFILLMENT.

  (a) Study.--The Commandant of the Coast Guard shall conduct a 
national study on the facility infrastructure requirements 
needed to fulfill the Coast Guard's prescribed missions and 
capabilities, and ensure that the department in which the Coast 
Guard is operating maintains the ability to utilize the latest 
technologies.
  (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. The report shall include----
          (1) an assessment of any current shortfalls in 
        facility infrastructure, including the extent of the 
        use of temporary trailers and an inventory of the 
        number and type of new facilities needed to meet the 
        Coast Guards's mission needs; and
          (2) a plan for how the Commandant will develop the 
        appropriate facility infrastructure, including 
        timelines, budgets, and any additional legislative 
        authority the Commandant determines is required to 
        implement such plan.
                              ----------                              


11. An Amendment To Be Offered by Representative Nye, Glenn of Virginia 
               or His Designee, Debatable for 10 Minutes

  Page 312, after line 22, insert the following new section:

SEC. __. AUTHORITY OF THE COAST GUARD TO CARRY OUT ITS HOMELAND 
                    SECURITY MISSIONS.

  The provisions of this Act that relate to the Coast Guard's 
marine safety mission shall not impair the authority of the 
Coast Guard to carry out its homeland security missions, 
including--
          (1) protecting ports, waterways, and marine 
        transportation systems in the United States from acts 
        of terrorism;
          (2) safeguarding the United States' international 
        borders from maritime intrusions by aliens seeking 
        unlawful entry into the United States, and from 
        individuals who aim to traffic in illegal drugs, 
        firearms, and weapons of mass destruction in the United 
        States;
          (3) maintaining defense readiness, as one of the 
        armed forces, to rapidly mobilize and deploy defensive 
        security personnel during a national emergency;
          (4) coordinating efforts with Federal, State, and 
        local intelligence agencies to deter, detect, and take 
        action against acts of terrorism;
          (5) preventing human smuggling operations at ports, 
        on waterways, and throughout the marine transportation 
        system; and
          (6) enhancing stability in the United States in 
        support of the national security strategy of the United 
        States as referred to in section 108 of the National 
        Security Act of 1947 (50 U.S.C. 404a).
                              ----------                              


12. An Amendment To Be Offered by Representative Stupak of Michigan, or 
                 His Designee, Debatable for 10 Minutes

    At the end of title 1, add the following new section:
    Sec.__.The Commandant of the Coast Guard shall conduct a 
study and analysis of the feasibility of the restoring the 
Fresnel Lens in the Presque Isle Light House in Presque Isle, 
Michigan to operating condition to meet the safety needs of 
commerce and submit within 180 days the report to the 
Transportation & Infrastructure Committee after the date of 
enactment of this Act.
                              ----------                              


   13. An Amendment To Be Offered by Representative LoBiondo of New 
           Jersey, or His Designee, Debatable for 10 Minutes

  Page 312, after line 22, add the following new section:

SEC. __. USE OF FORCE AGAINST PIRACY.

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

``Sec. 8107. Use of force against piracy

  ``(a) Limitation on Liability.--An owner, operator, time 
charterer, master, 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) Promotion of Coordinated Action.--To carry out the 
purpose of this section, the Secretary of the department in 
which the Coast Guard is operating shall work through the 
International Maritime Organization to establish agreements to 
promote coordinated action among flag- and port-states to 
deter, protect against, and rapidly respond to 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 subsection (a).''.
  (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''.

                                  
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