[House Report 111-351]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-351

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



 
                      MARITIME SAFETY ACT OF 2009

                                _______
                                

December 3, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2652]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2652) to amend title 46, United 
States Code, to improve vessel safety, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. VESSEL SIZE LIMITS.

  (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title 
46, United States Code, is amended--
          (1) by inserting ``and'' after the semicolon at the end of 
        subparagraph (A)(i);
          (2) by striking ``and'' at the end of subparagraph (A)(ii);
          (3) by striking subparagraph (A)(iii);
          (4) by striking the period at the end of subparagraph (B) and 
        inserting ``; or''; and
          (5) by inserting at the end the following:
                  ``(C) the vessel is either a rebuilt vessel or a 
                replacement vessel under section 208(g) of the American 
                Fisheries Act (title II of division C of Public Law 
                105-277; 112 Stat. 2681-627) and is eligible for a 
                fishery endorsement under this section.''.
  (b) Conforming Amendments.--
          (1) Vessel rebuilding and replacement.--Section 208(g) of the 
        American Fisheries Act (title II of division C of Public Law 
        105-277; 112 Stat. 2681-627) is amended to read as follows:
  ``(g) Vessel Rebuilding and Replacement.--
          ``(1) In general.--
                  ``(A) Rebuild or replace.--Notwithstanding any 
                limitation to the contrary on replacing, rebuilding, or 
                lengthening vessels or transferring permits or licenses 
                to a replacement vessel contained in sections 679.2 and 
                679.4 of title 50, Code of Federal Regulations, as in 
                effect on the date of enactment of the Maritime Safety 
                Act of 2009 and except as provided in paragraph (4), 
                the owner of a vessel eligible under subsection (a), 
                (b), (c), (d), or (e) (other than paragraph (21)), in 
                order to improve vessel safety and operational 
                efficiencies (including fuel efficiency), may rebuild 
                or replace that vessel (including fuel efficiency) with 
                a vessel documented with a fishery endorsement under 
                section 12113 of title 46, United States Code.
                  ``(B) Same requirements.--The rebuilt or replacement 
                vessel shall be eligible in the same manner and subject 
                to the same restrictions and limitations under such 
                subsection as the vessel being rebuilt or replaced.
                  ``(C) Transfer of permits and licenses.--Each fishing 
                permit and license held by the owner of a vessel or 
                vessels to be rebuilt or replaced under subparagraph 
                (A) shall be transferred to the rebuilt or replacement 
                vessel.
          ``(2) Recommendations of north pacific fishery management 
        council.--The North Pacific Fishery Management Council may 
        recommend for approval by the Secretary such conservation and 
        management measures, including size limits and measures to 
        control fishing capacity, in accordance with the Magnuson-
        Stevens Act as it considers necessary to ensure that this 
        subsection does not diminish the effectiveness of fishery 
        management plans of the Bering Sea and Aleutian Islands 
        Management Area or the Gulf of Alaska.
          ``(3) Special rule for replacement of certain vessels.--
                  ``(A) In general.--Notwithstanding the requirements 
                of subsections (b)(2), (c)(1), and (c)(2) of section 
                12113 of title 46, United States Code, a vessel that is 
                eligible under subsection (a), (b), (c), (d), or (e) 
                (other than paragraph (21)) and that qualifies to be 
                documented with a fishery endorsement pursuant to 
                section 203(g) or 213(g) may be replaced with a 
                replacement vessel under paragraph (1) if the vessel 
                that is replaced is validly documented with a fishery 
                endorsement pursuant to section 203(g) or 213(g) before 
                the replacement vessel is documented with a fishery 
                endorsement under section 12113 of title 46, United 
                States Code.
                  ``(B) Applicability.--A replacement vessel under 
                subparagraph (A) and its owner and mortgagee are 
                subject to the same limitations under section 203(g) or 
                213(g) that are applicable to the vessel that has been 
                replaced and its owner and mortgagee.
          ``(4) Special rules for certain catcher vessels.--
                  ``(A) In general.--A replacement for a covered vessel 
                described in subparagraph (B) is prohibited from 
                harvesting fish in any fishery (except for the Pacific 
                whiting fishery) managed under the authority of any 
                Regional Fishery Management Council (other than the 
                North Pacific Fishery Management Council) established 
                under section 302(a) of the Magnuson-Stevens Act.
                  ``(B) Covered vessels.--A covered vessel referred to 
                in subparagraph (A) is--
                          ``(i) a vessel eligible under subsection (a), 
                        (b), or (c) that is replaced under paragraph 
                        (1); or
                          ``(ii) a vessel eligible under subsection 
                        (a), (b), or (c) that is rebuilt to increase 
                        its registered length, gross tonnage, or shaft 
                        horsepower.
          ``(5) Limitation on fishery endorsements.--Any vessel that is 
        replaced under this subsection shall thereafter not be eligible 
        for a fishery endorsement under section 12113 of title 46, 
        United States Code, unless that vessel is also a replacement 
        vessel described in paragraph (1).
          ``(6) Gulf of alaska limitation.--Notwithstanding paragraph 
        (1), the Secretary shall prohibit from participation in the 
        groundfish fisheries of the Gulf of Alaska any vessel that is 
        rebuilt or replaced under this subsection and that exceeds the 
        maximum length overall specified on the license that authorizes 
        fishing for groundfish pursuant to the license limitation 
        program under part 679 of title 50, Code of Federal 
        Regulations, as in effect on the date of enactment of the 
        Maritime Safety Act of 2009.
          ``(7) Authority of pacific council.--Nothing in this section 
        shall be construed to diminish or otherwise affect the 
        authority of the Pacific Council to recommend to the Secretary 
        conservation and management measures to protect fisheries under 
        its jurisdiction (including the Pacific whiting fishery) and 
        participants in such fisheries from adverse impacts caused by 
        this Act.''.
          (2) Exemption of certain vessels.--Section 203(g) of the 
        American Fisheries Act (title II of division C of Public Law 
        105-277; 112 Stat. 2681-620) is amended--
                  (A) by inserting ``and'' after ``(United States 
                official number 651041)'';
                  (B) by striking ``, NORTHERN TRAVELER (United States 
                official number 635986), and NORTHERN VOYAGER (United 
                States official number 637398) (or a replacement vessel 
                for the NORTHERN VOYAGER that complies with paragraphs 
                (2), (5), and (6) of section 208(g) of this Act)''; and
                  (C) by striking ``, in the case of the NORTHERN'' and 
                all that follows through ``PHOENIX,''.
          (3) Fishery cooperative exit provisions.--Section 210(b) of 
        the American Fisheries Act (title II of division C of Public 
        Law 105-277; 112 Stat. 2681-629) is amended--
                  (A) by moving the matter beginning with ``the 
                Secretary shall'' in paragraph (1) 2 ems to the right; 
                and
                  (B) by adding at the end the following:
          ``(7) Fishery cooperative exit provisions.--
                  ``(A) Fishing allowance determination.--For purposes 
                of determining the aggregate percentage of directed 
                fishing allowances under paragraph (1), when a catcher 
                vessel is removed from the directed pollock fishery, 
                the fishery allowance for pollock for the vessel being 
                removed--
                          ``(i) shall be based on the catch history 
                        determination for the vessel made pursuant to 
                        section 679.62 of title 50, Code of Federal 
                        Regulations, as in effect on the date of 
                        enactment of the Maritime Safety Act of 2009; 
                        and
                          ``(ii) shall be assigned, for all purposes 
                        under this title, in the manner specified by 
                        the owner of the vessel being removed to any 
                        other catcher vessel or among other catcher 
                        vessels participating in the fishery 
                        cooperative if such vessel or vessels remain in 
                        the fishery cooperative for at least one year 
                        after the date on which the vessel being 
                        removed leaves the directed pollock fishery.
                  ``(B) Eligibility for fishery endorsement.--Except as 
                provided in subparagraph (C), a vessel that is removed 
                pursuant to this paragraph shall be permanently 
                ineligible for a fishery endorsement, and any claim 
                (including relating to catch history) associated with 
                such vessel that could qualify any owner of such vessel 
                for any permit to participate in any fishery within the 
                exclusive economic zone of the United States shall be 
                extinguished, unless such removed vessel is thereafter 
                designated to replace a vessel to be removed pursuant 
                to this paragraph.
                  ``(C) Limitations on statutory construction.--Nothing 
                in this paragraph shall be construed--
                          ``(i) to make the vessels AJ (United States 
                        official number 905625), DONA MARTITA (United 
                        States official number 651751), NORDIC EXPLORER 
                        (United States official number 678234), and 
                        PROVIDIAN (United States official number 
                        1062183) ineligible for a fishery endorsement 
                        or any permit necessary to participate in any 
                        fishery under the authority of the New England 
                        Fishery Management Council or the Mid-Atlantic 
                        Fishery Management Council established, 
                        respectively, under subparagraphs (A) and (B) 
                        of section 302(a)(1) of the Magnuson-Stevens 
                        Act; or
                          ``(ii) to allow the vessels referred to in 
                        clause (i) to participate in any fishery under 
                        the authority of the Councils referred to in 
                        clause (i) in any manner that is not consistent 
                        with the fishery management plan for the 
                        fishery developed by the Councils under section 
                        303 of the Magnuson-Stevens Act.''.

SEC. 3. COLD WEATHER SURVIVAL TRAINING.

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

SEC. 4. FISHING VESSEL SAFETY.

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

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

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

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

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

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

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

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

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

SEC. 5. MARINER RECORDS.

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

SEC. 6. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR OPERATORS OF 
                    CERTAIN TOWING VESSELS.

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

SEC. 7. LOG BOOKS.

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

``Sec. 11304. Additional logbook and entry requirements

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

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

SEC. 8. SAFE OPERATIONS AND EQUIPMENT STANDARDS.

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

``Sec. 2116. Termination for unsafe operation

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

``Sec. 2117. Establishment of equipment standards

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

``2116. Termination for unsafe operation.
``2117. Establishment of equipment standards.''.

SEC. 9. APPROVAL OF SURVIVAL CRAFT.

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

``Sec. 3104. Survival craft

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

``3104. Survival craft.''.

SEC. 10. SAFETY MANAGEMENT.

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

SEC. 11. PROTECTION AGAINST DISCRIMINATION.

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

SEC. 12. OIL FUEL TANK PROTECTION.

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

SEC. 13. OATHS.

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

SEC. 14. DURATION OF CREDENTIALS.

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

``Sec. 7106. Duration of licenses

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

``Sec. 7107. Duration of certificates of registry

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

SEC. 15. FINGERPRINTING.

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

``Sec. 7507. Fingerprinting

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

``7507. Fingerprinting.''.

SEC. 16. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES 
                    OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.

  (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 46, 
United States Code, as amended by section 15(a) of this Act, is further 
amended by adding at the end the following:

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

  ``(a) Licenses and Certificates of Registry.--Notwithstanding 
sections 7106 and 7107, the Secretary of the department in which the 
Coast Guard is operating may--
          ``(1) extend for not more than one year an expiring license 
        or certificate of registry issued for an individual under 
        chapter 71 if the Secretary determines that the extension is 
        required to enable the Coast Guard to eliminate a backlog in 
        processing applications for those licenses or certificates of 
        registry or in response to a national emergency or natural 
        disaster, as deemed necessary by the Secretary; or
          ``(2) issue for not more than five years an expiring license 
        or certificate of registry issued for an individual under 
        chapter 71 for the exclusive purpose of aligning the expiration 
        date of such license or certificate of registry with the 
        expiration date of a merchant mariner's document.
  ``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), 
the Secretary may--
          ``(1) extend for not more than one year an expiring merchant 
        mariner's document issued for an individual under chapter 71 if 
        the Secretary determines that the extension is required to 
        enable the Coast Guard to eliminate a backlog in processing 
        applications for those licenses or certificates of registry or 
        in response to a national emergency or natural disaster, as 
        deemed necessary by the Secretary; or
          ``(2) issue for not more than five years an expiring merchant 
        mariner's document issued for an individual under chapter 71 
        for the exclusive purpose of aligning the expiration date of 
        such merchant mariner's document with the expiration date of a 
        merchant mariner's document.
  ``(c) Manner of Extension.--Any extensions granted under this section 
may be granted to individual seamen or a specifically identified group 
of seamen.''.
  (b) Clerical Amendment.--The analysis for such chapter, as amended by 
section 15(b), is further amended by adding at the end the following:

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

SEC. 17. MERCHANT MARINER DOCUMENTATION.

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

SEC. 18. MERCHANT MARINER ASSISTANCE REPORT.

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

SEC. 19. OFFSHORE SUPPLY VESSELS.

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

SEC. 20. ASSOCIATED EQUIPMENT.

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

SEC. 21. LIFESAVING DEVICES ON UNINSPECTED VESSELS.

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

SEC. 22. STUDY OF BLENDED FUELS IN MARINE APPLICATION.

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

SEC. 23. RENEWAL OF ADVISORY COMMITTEES.

  (a) Great Lakes Pilotage Advisory Committee.--Section 9307(f)(1) of 
title 46, United States Code, is amended by striking ``September 30, 
2010.'' and inserting ``September 30, 2020.''.
  (b) National Boating Safety Advisory Council.--Section 13110 of title 
46, United States Code, is amended--
          (1) in subsection (d), by striking the first sentence; and
          (2) in subsection (e), by striking ``September 30, 2010.'' 
        and inserting ``September 30, 2020.''.
  (c) Houston-Galveston Navigation Safety Advisory Committee.--Section 
18(h) of the Coast Guard Authorization Act of 1991 (Public Law 102-241 
as amended by Public Law 104-324) is amended by striking ``September 
30, 2010.'' and inserting ``September 30, 2020.''.
  (d) Lower Mississippi River Waterway Safety Advisory Committee.--
Section 19 of the Coast Guard Authorization Act of 1991 (Public Law 
102-241) is amended--
          (1) in subsection (b)--
                  (A) in the matter preceding paragraph (1), by 
                striking ``twenty-four'' and inserting ``twenty-five''; 
                and
                  (B) by adding at the end the following new paragraph:
          ``(12) One member representing the Associated Federal Pilots 
        and Docking Masters of Louisiana.''; and
          (2) in subsection (g), by striking ``September 30, 2010.'' 
        and inserting ``September 30, 2020.''.
  (e) Towing Safety Advisory Committee.--The Act to Establish a Towing 
Safety Advisory Committee in the Department of Transportation (33 
U.S.C. 1231a) is amended--
          (1) by striking subsection (a) and inserting the following:
  ``(a) There is established a Towing Safety Advisory Committee 
(hereinafter referred to as the `Committee'). The Committee shall 
consist of eighteen members with particular expertise, knowledge, and 
experience regarding shallow-draft inland and coastal waterway 
navigation and towing safety as follows:
          ``(1) Seven members representing the barge and towing 
        industry, reflecting a regional geographic balance.
          ``(2) One member representing the offshore mineral and oil 
        supply vessel industry.
          ``(3) One member representing holders of active licensed 
        Masters or Pilots of towing vessels with experience on the 
        Western Rivers and the Gulf Intracoastal Waterway.
          ``(4) One member representing the holders of active licensed 
        Masters of towing vessels in offshore service.
          ``(5) One member representing Masters who are active ship-
        docking or harbor towing vessel.
          ``(6) One member representing licensed or unlicensed towing 
        vessel engineers with formal training and experience.
          ``(7) Two members representing each of the following groups:
                  ``(A) Port districts, authorities, or terminal 
                operators.
                  ``(B) Shippers (of whom at least one shall be engaged 
                in the shipment of oil or hazardous materials by 
                barge).
          ``(8) Two members representing the general public.''; and
          (2) in subsection (e), by striking ``September 30, 2010.'' 
        and inserting ``September 30, 2020.''.
  (f) Navigation Safety Advisory Council.--Section 5 of the Inland 
Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended--
          (1) by striking subsections (a) and (b) and inserting the 
        following:
  ``(a) Establishment of Council.--
          ``(1) In general.--The Secretary of the department in which 
        the Coast Guard is operating shall establish a Navigation 
        Safety Advisory Council (hereinafter referred to as the 
        `Council'), consisting of not more than 21 members. All members 
        shall have expertise in Inland and International vessel 
        navigation Rules of the Road, aids to maritime navigation, 
        maritime law, vessel safety, port safety, or commercial diving 
        safety. Upon appointment, all non-Federal members shall be 
        designated as representative members to represent the 
        viewpoints and interests of one of the following groups or 
        organizations:
                  ``(A) Commercial vessel owners or operators.
                  ``(B) Professional mariners.
                  ``(C) Recreational boaters.
                  ``(D) The recreational boating industry.
                  ``(E) State agencies responsible for vessel or port 
                safety.
                  ``(F) The Maritime Law Association.
          ``(2) Panels.--Additional persons may be appointed to panels 
        of the Council to assist the Council in performance of its 
        functions.
          ``(3) Nominations.--The Secretary, through the Coast Guard 
        Commandant, shall not less often than once a year publish a 
        notice in the Federal Register soliciting nominations for 
        membership on the Council.
  ``(b) Functions.--The Council shall advise, consult with, and make 
recommendations to the Secretary, through the Coast Guard Commandant, 
on matters relating to maritime collisions, rammings, groundings, 
Inland Rules of the Road, International Rules of the Road, navigation 
regulations and equipment, routing measures, marine information, diving 
safety, and aids to navigation systems. Any advice and recommendations 
made by the Council to the Secretary shall reflect the independent 
judgment of the Council on the matter concerned. The Council shall meet 
at the call of the Coast Guard Commandant, but in any event not less 
than twice during each calendar year. All proceedings of the Council 
shall be public, and a record of the proceedings shall be made 
available for public inspection.''; and
          (2) in subsection (d), by striking ``September 30, 2010.'' 
        and inserting ``September 30, 2020.''.

                         Purpose of Legislation

    H.R. 2652, the ``Maritime Safety Act of 2009'', as amended, 
makes improvements to the marine safety laws that apply to 
commercial vessels.

                  Background and Need for Legislation

    Most marine safety laws are contained in subtitle II of 
title 46, United States Code. These laws provide the framework 
and authority for the Coast Guard's enforcement of regulations 
regarding the design, construction, and operation of commercial 
and recreational vessels. H.R. 2652 makes improvements to the 
safety requirements for many types of vessels such as fishing 
vessels, offshore supply vessels, and vessels transporting 
passengers. In addition, H.R. 2652 makes improvements to safety 
equipment standards, procedures for the licensing of mariners, 
pilotage, and imposes a requirement that cargo vessels have 
double hulls around their fuel tanks.

                       Summary of the Legislation


Section. 1. Short title

    Section 1 states that the legislation may be referred to as 
the ``Maritime Safety Act of 2009''.

Sec. 2. Vessel size limits

    Section 2 provides that fishing vessels in the rationalized 
Bering Sea/Aleutian Islands pollock fishery may be documented 
with a fishery endorsement if a vessel is a rebuilt or a 
replacement vessel of a vessel that is authorized to hold a 
Federal fishery permit under the American Fisheries Act, 
notwithstanding current limits on length, tonnage, and 
horsepower. This section does not alter the fishery quotas 
established through the Federal fisheries management process.

Sec. 3. Cold weather survival training

    Section 3 requires the Coast Guard to submit a report to 
Congress on the efficacy of cold water survival training in 
Coast Guard District 17 (Alaska) during the preceding five 
years.

Sec. 4. Fishing vessel safety

    Section 4 establishes safety equipment standards for all 
commercial fishing, fish tender, and fish processing vessels 
operating beyond three nautical miles of the coast and 
clarifies the equipment requirements for these vessels. In 
addition, section 4 establishes design and construction 
standards for all new vessels. New fishing and fish tender 
vessels, and fishing or fish tender vessels that undergo a 
``major conversion'' as defined in 46 U.S.C. Sec. 2101(14a), 
operating beyond three nautical miles of the coast, and over 50 
feet in length, will need to be ``classed'' by the American 
Bureau of Shipping or an equivalent classification society. 
``Classification'' provides evidence that a vessel is 
mechanically and structurally fit for its intended service. New 
fishing and fish tender vessels that operate beyond three 
nautical miles of the coast and less than 50 feet in length are 
required under this section to meet standards required of 
recreational vessels under 46 U.S.C. Sec. 4302 that provide an 
equivalent level of safety. New fishing vessels over 79 feet in 
length are required to have a ``load line''. Section 4 also 
authorizes the Secretary to examine vessels that operate beyond 
three nautical miles of the coast to ensure compliance with 
safety regulations.
    Existing fishing vessels are not required to meet any 
classification requirement until January 1, 2020. After that 
date, 25-year-old fishing vessels will be required to meet an 
alternate compliance program established by the Secretary of 
Homeland Security (Secretary). The Secretary is required to 
prescribe the alternate compliance program standards by January 
1, 2017.
    The section also authorizes and requires a training program 
for the operators of fishing vessels that operate beyond three 
miles of the coast. The program is to be based on professional 
knowledge and hands-on training and will give credit for recent 
past experience. Operators who successfully complete the 
program will receive a certificate and will need to complete 
refresher training at least once every five years to keep the 
certificate current. Individuals who hold a Coast Guard issued 
license and can demonstrate equivalent training, while 
encouraged to obtain the training described, will not be 
required to do so.
    The requirements developed by the Coast Guard for the 
approval of the structured training course must include 
specific elements listed in this section, and a suitable 
rigorous test covering each of these enumerated elements must 
be administered. The student must pass an examination for each 
of the items addressed, as well as a final test and skill 
demonstration covering the elements of each of the areas 
specified. Upon successful completion of the Coast Guard 
approved training program, the training provider will issue a 
certificate of completion in the format prescribed in the Coast 
Guard course approval regulations or associated guidance 
documents. The training program developed by the Coast Guard 
should include an oversight and audit program to assure that 
the courses delivered by the approved training providers meet 
the stated approval requirements.
    While section 4 does not address fishermen's physical 
condition nor drug and alcohol testing, drug and alcohol 
testing is critical to a safe working environment, and the 
Committee believes that responsible vessel operators should 
make it part of their normal business practice. The protocols 
for such a program are well-established and successful in the 
other commercial maritime shipping communities. Similarly, 
workplace injury and operational accidents from slips, falls 
and man overboard accidents need to be addressed in an 
operator's safety program.
    Section 4 also establishes two grant programs. This section 
authorizes the Secretary to establish Fishing Vessel Safety 
Grants to fund training of operators and crew of commercial 
fishing vessels. It is the intent of the Committee that these 
grants be available to programs and individuals who provide 
training for both operators and crewmembers of commercial 
fishing vessels. The grants are to be awarded on a competitive 
basis to organizations or individuals that are approved by the 
Secretary and that provide hands-on, skills-based training. 
This section further authorizes the Secretary to establish 
Fishing Safety Research Grants, to provide funding for research 
on methods to improve the safety of commercial fishing, 
specifically including investigation of enhanced vessel 
monitoring systems.

Sec. 5. Mariner records

    Section 5 authorizes the Secretary to require vessel owners 
or managing operators of commercial vessels to maintain 
employment records of seamen for a period of not less than five 
years after the completion of employment and to make the 
records available to the individual or the Coast Guard on 
request.

Sec. 6. Deletion of exemption of license requirement for operators of 
        certain towing vessels

    Section 6 deletes an exemption for licensing of operators 
of vessels engaged in the offshore mineral and oil industry 
where the vessel has, as its place of destination or departure, 
an offshore mineral and oil industry site. The exemption 
created by section 8905(b) of title 46, United States Code, 
exempting operators of certain vessels from Coast Guard 
licensing requirements, is no longer needed and creates a 
potentially serious threat to navigational safety.

Sec. 7. Log books

    Section 7 requires log books on all manned inspected 
vessels, in addition to those on foreign or coastwise voyages 
already required to maintain logbooks, and specifies new 
circumstances when information must be added to the log book.

Sec. 8. Safe operations and equipment standards

    Section 8 adds two new sections to chapter 21 of title 46, 
United States Code. The first new section authorizes the Coast 
Guard to ``terminate for unsafe operation'' all vessels subject 
to the title. Currently, there are similar provisions for 
``recreational vessels'' and ``uninspected commercial fishing 
industry vessels''. This new provision permits an individual 
authorized to enforce the title to remove and terminate a 
voyage when the vessel is not in compliance with an issued 
certificate or is being operated in an unsafe condition that 
creates an especially hazardous condition.
    The second new section authorizes the Coast Guard to 
establish standards for required marine safety equipment based 
on performance, best available technology, and operational 
practicality. Section 8 also authorizes the Coast Guard to 
establish similar standards for safety equipment that is not 
required to be carried, and requires that the Coast Guard 
review and revise the standards every 10 years.

Sec. 9. Approval of survival craft

    Section 9 prohibits the Secretary from approving as a 
``survival craft'' a device that does not keep the individuals 
in the survival craft out of the water. For instance, a six-
person device must be able to support six individuals out of 
the water, while a 25-person device must be able to support 25 
individuals out of the water.
    This section does not mandate the vessels that must carry 
survival craft and does not require that all survival craft be 
inflatable, since designs may be developed in the future for 
rigid survival craft that are capable of supporting individuals 
out of the water.
    It is very important for survival craft to support 
individuals out of the water, particularly for infants, the 
elderly, and the disabled. The Federal Aviation Administration 
currently requires that aircraft operating over-water be 
equipped with life-rafts that provide out-of-the-water 
protection.
    This section allows the use of existing approved survival 
craft that do not provide out-of-the-water protection for up to 
five years provided the equipment is in good and serviceable 
condition.

Sec. 10. Safety management

    Section 10 authorizes the Secretary to require ``Safety 
Management Systems'' on passenger vessels and small passenger 
vessels based on the number of passengers that could be killed 
or injured in a marine casualty. A ``Safety Management System'' 
requires vessel owners to document operational policy, chain of 
authority, and operational and emergency procedures that 
specify responsibilities of the owner or operator, managers, 
and masters. Such systems also outline procedures for 
management review, internal audits, and correction of problems. 
This section does not require the Coast Guard to apply the 
International Safety Management System to these vessels. 
Instead, the Coast Guard is required to consider the 
characteristics, methods of operation, and nature of the 
service of these vessels when prescribing the safety management 
regulations.

Sec. 11. Protection against discrimination

    Section 11 allows maritime workers who lose their jobs or 
are discriminated against because they report safety violations 
to the Coast Guard to use the same Department of Labor 
complaint process that is currently available to commercial 
drivers, railroad workers, and aviation workers. The section 
also clarifies the whistleblower protections provided in the 
Coast Guard Authorization Act of 2002. This section expands 
these protections to cover a broader scope of work-related 
issues, such as cooperating with a safety investigation of the 
National Transportation Safety Board.

Sec. 12. Oil fuel tank protection

    Section 12 requires that new U.S.-flag vessels built after 
the date of enactment be constructed with double enclosures 
surrounding the fuel oil tanks in accordance with international 
standards. The Committee anticipates that most vessels will be 
fitted with double hulls to meet the requirements of this 
section.

Sec. 13. Oaths

    Section 13 repeals 46 U.S.C. Sec. Sec. 7105 and 7305, which 
require the applicant for a license or a merchant mariners' 
document to appear in person to take an oath.

Sec. 14. Duration of credentials

    Section 14 permits the holder of a merchant mariner 
document or license to renew the document in advance of the 
expiration of an existing document, but delays the effective 
date of the renewed document or license until the previous 
document expires.

Sec. 15. Fingerprinting

    Section 15 eliminates duplicate fingerprinting requirements 
for merchant mariners who have already been fingerprinted in 
connection with obtaining a Transportation Worker 
Identification Card.

Sec. 16. Authorization to extend the duration of licenses, certificates 
        of registry, and merchant mariners' documents

    Section 16 permits the Secretary to extend for up to one 
year a License or Certificate of Registry or a merchant 
mariners document if the Secretary determines that such 
extension would eliminate a backlog in processing applications.

Sec. 17. Merchant mariner documentation

    Section 17 requires the Secretary of the department in 
which the Coast Guard is operating to develop an interim 
clearance procedure that will allow the issuance of a merchant 
mariner document to a new-hire or an off-shore supply or towing 
vessel provided the Secretary makes a preliminary determination 
that the individual does not pose a safety and security risk.

Sec. 18. Merchant mariner assistance report

    Section 18 requires the Coast Guard to report to the 
appropriate committees of the House and Senate, not later than 
180 days after enactment of this Act, on plans to: (1) expand 
the streamlined evaluation affiliated with the Houston Regional 
Exam Center to all processing centers of the Coast Guard 
nationwide; (2) simplify the application process of seamen and 
merchant mariner documents; (3) provide notice to an applicant 
of the status of a pending application; and (4) ensure that 
information collected from applicants is retained in a secure 
electronic format.

Sec. 19. Offshore supply vessels

    Section 19 eliminates the tonnage cap that limits the size 
of offshore supply vessels that support offshore oil and gas 
exploration and production. This provision will allow for the 
construction of larger offshore supply vessels to meet the 
needs of the industry that is moving farther offshore and into 
harsher environments; establishes an hours-of-service watch 
system for large offshore supply vessels; and requires a 
minimum of one mate on all offshore supply vessels. To expedite 
the regulatory process, this section allows the Coast Guard to 
prescribe interim final regulations to implement the changes 
made by this section and those interim final regulations may be 
in effect for up to one year after the date of enactment of 
this Act.

Sec. 20. Associated equipment

    Section 20 amends the definition of ``associated 
equipment'' to provide the Coast Guard with the authority to 
require that recreational vessels be equipped with emergency 
locator beacons.

Sec. 21. Lifesaving devices on uninspected vessels

    Section 21 amends the existing requirements for lifesaving 
devices on uninspected vessels to require the Coast Guard to 
prescribe regulations requiring the installation, maintenance, 
and use of life preservers and other lifesaving devices for 
individuals on all uninspected vessels. The current statute 
applies only to uninspected vessels propelled by machinery. 
Therefore, non-self-propelled vessels such as barges and 
dredges are currently exempt from any lifesaving equipment 
requirement.

Sec. 22. Study of blended fuels in marine applications

    Section 22 authorizes the Coast Guard to conduct a study 
and report to Congress on safety and performance issues 
involving the use of blended fuels in marine applications. 
There are a number of reports of both recreational and 
commercial vessels using blended gasoline as a fuel and 
suffering failure of critical fuel system components, and there 
appears to be an increase in fire and explosions on 
recreational and commercial vessels. The study authorized by 
this section will examine the extent to which blended fuel has 
contributed to component failures, fires, and explosions.

Sec. 23. Renewal of Advisory Committees

    Section 23 extends the authorization for several existing 
advisory committees. These Committees are the Great Lakes 
Pilotage Advisory Committee, the National Boating Safety 
Advisory Committee, the Houston-Galveston Navigation Safety 
Advisory Committee, the Lower Mississippi River Waterway Safety 
Advisory Committee, the Towing Safety Advisory Committee, and 
the Navigation Safety Advisory Council.

            Legislative History and Committee Consideration

    On Wednesday, April 25, 2007, the Subcommittee on Coast 
Guard and Maritime Transportation held a hearing, ``Commercial 
Fishing Vessel Safety'', to examine the safety of U.S. 
commercial fishing vessels and the extent to which laws adopted 
in 1988 have led to improved safety. In addition, the hearing 
explored the strategies that permit the industry and the Coast 
Guard to implement changes that: prevent casualties on 
commercial fishing vessels from occurring; minimize the effect 
of the casualty, given that is has occurred; and maximize lives 
saved, given that the vessel must be abandoned.
    On August 2, 2007, the Subcommittee held a hearing on the 
``Challenges Facing the Coast Guard's Marine Safety Program'' 
at which it heard from a number of industry witnesses about the 
deteriorating state of the Coast Guard's marine safety program, 
including the lack of continuity and expertise of Coast Guard 
personnel who are responsible for the public safety.
    On November 19, 2008, the Subcommittee held a field hearing 
to receive testimony on the San Francisco oil spill. The 
hearing was held to consider both the circumstances leading to 
the allision of the M/V COSCO BUSAN with the San Francisco-
Oakland Bay Bridge (Bay Bridge) on Wednesday, November 7, 2007, 
and the response of the Coast Guard and other Federal agencies 
to the subsequent spill of approximately 58,000 gallons of fuel 
oil into San Francisco Bay waters.
    On April 10, 2008, the Subcommittee held a hearing 
regarding the ``Allision of the M/V COSCO BUSAN with the San 
Francisco-Oakland Bay Bridge''. The testimony revealed 
significant lapses in the Coast Guard's casualty investigation 
program.
    On April 24, 2008, the House passed H.R. 2830, the ``Coast 
Guard Authorization Act of 2008'', by a vote of 395-7. The 
Senate did not complete action on the bill.
    In the 111th Congress, on June 2, 2009, Chairman James L. 
Oberstar introduced H.R. 2652, the ``Maritime Safety Act of 
2009''. H.R. 2652 includes many of the same provisions that 
were contained in Title III of H.R. 2830 of the 110th Congress.
    On June 4, 2009, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 2650. A 
manager's amendment was offered and agreed to by voice vote 
with a quorum present. The Committee ordered H.R. 2650, as 
amended, reported favorably to the House by voice vote with a 
quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. During consideration of H.R. 2652, a manager's 
amendment was offered and agreed to by voice vote with a quorum 
present. There were no recorded votes taken in connection with 
consideration of H.R. 2652 or ordering the bill reported. A 
motion to order H.R. 2652, as amended, reported favorably to 
the House was agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
improve maritime safety on our nation's waterways.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 2652 
from the Director of the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 23, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2652, the Maritime 
Safety Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2652--Maritime Safety Act of 2009

    Summary: H.R. 2652 would amend various statutes governing 
marine safety programs carried out by the U.S. Coast Guard and 
would authorize appropriations for new grants and studies on 
safety topics. Assuming appropriation of the amounts 
specifically authorized or estimated to be necessary, CBO 
estimates that implementing the legislation would cost about 
$40 million over the 2010-2014 period. Enacting H.R. 2652 could 
reduce offsetting receipts from commercial fees charged by the 
Coast Guard, but CBO estimates that any such reductions would 
be minimal and would be partially offset by reductions in 
direct spending. Enacting H.R. 2652 could increase revenues by 
establishing civil fines for violations of certain Coast Guard 
regulations, but CBO estimates that any such increase would be 
minimal.
    H.R. 2652 contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
because it would preempt state laws and impose new requirements 
that affect certain public and private vessels and others in 
the maritime industry. The aggregate costs to public and 
private entities of complying with those mandates are uncertain 
and would depend, in part, on future regulations. Consequently, 
CBO cannot determine whether those costs would exceed the 
annual threshold established in UMRA for private-sector 
mandates ($139 million in 2009, adjusted annually for 
inflation). CBO estimates, however, that those costs would not 
exceed the annual threshold established in UMRA for 
intergovernmental mandates ($69 million in 2009, adjusted 
annually for inflation) because of the small number of public 
entities involved.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2652 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2010    2011    2012    2013    2014   2009-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Specified Amounts for Grants and Studies:
    Authorization Level......................................       7       6       6       6       6        31
    Estimated Outlays........................................       5       6       7       7       6        31
Estimated Amounts for Studies and Rulemakings:
    Estimated Authorization Level............................       1       2       2       2       2         9
    Estimated Outlays........................................       1       2       2       2       2         9
    Total Spending Under H.R. 2652:
        Estimated Authorization Level........................       8       8       8       8       8        40
        Estimated Outlays....................................       6       8       9       9       8       40
----------------------------------------------------------------------------------------------------------------
Note: Enacting H.R. 2652 also could result in small increases in revenues from civil penalties and reductions in
  offsetting receipts from commercial fees, but CBO estimates that those changes would be insignificant.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2652 will be enacted in fiscal year 2009 and that the amounts 
specifically authorized by the legislation or estimated to be 
necessary will be appropriated for each year. Estimated outlays 
are based on historical spending patterns for similar programs.

Spending subject to appropriation

    Specified Authorization Levels. Section 4 of the bill would 
authorize the appropriation of $3 million annually (through 
2014) for each of two programs to fund grants to state, local, 
or other nonfederal entities. The grants would be awarded by 
the Coast Guard for research and training on fishing safety. In 
addition, sections 3 and 23 would authorize a total of $1.15 
million for studies on cold-weather survival training and on 
the use of blended fuels by marine vessels. Assuming 
appropriation of the specified amounts, CBO estimates that 
implementing the authorized grant programs and studies would 
cost $31 million over the 2010-2014 period.
    Estimated Authorizations. Several provisions of the 
legislation would require the Coast Guard to promulgate new 
rules and regulations addressing marine safety issues, 
including recordkeeping, safety equipment, and spill protection 
for vessels that carry over 600 cubic meters of fuel oil. In 
addition, the bill would require the Coast Guard to enforce new 
regulations and prepare various annual and one-time reports. 
Finally, the bill would extend the life of several advisory 
committees, some of which receive financial support from the 
Coast Guard. Based on information provided by the agency, CBO 
estimates that carrying out the required studies and 
rulemakings and supporting advisory committees would cost about 
$9 million over the 2010-2014 period.

Direct spending

    Section 16 would authorize the Coast Guard to extend for 
one year certain expiring marine licenses, certificates of 
registry, and merchant mariner documents. Because the extension 
could delay the collection of fees charged for renewal of such 
documents, enacting this provision could reduce offsetting 
receipts (an offset against direct spending) over the next year 
or two. Some of those receipts may be spent without further 
appropriation, however, to cover collection expenses. CBO 
estimates that the net effect on direct spending from enacting 
this provision would be small in each of fiscal years 2010 and 
2011.
    Intergovernmental and private-sector impact: H.R. 2652 
contains intergovernmental and private-sector mandates as 
defined in UMRA because it would impose new requirements that 
affect public and private vessels and others in the maritime 
industry. The bill also contains provisions that would preempt 
state and local laws. The aggregate costs of the mandates in 
the bill are uncertain because many of them would depend on 
regulations to be developed under the bill. Consequently, CBO 
cannot determine whether those costs would exceed the annual 
threshold established in UMRA for private-sector mandates ($139 
million in 2009, adjusted annually for inflation). CBO 
estimates, however, that those costs would not exceed the 
annual threshold established in UMRA for intergovernmental 
mandates ($69 million in 2009, adjusted annually for inflation) 
because of the small number of public entities involved.

Mandates that apply to both public and private entities

    Safety Equipment and Management Requirements. H.R. 2652 
would require certain commercial and public vessels to carry 
approved survival craft that ensure that no part ofan 
individual is immersed in water. All survival craft would have to meet 
this standard by January 1, 2015. The costs to comply with this mandate 
would depend on how the Coast Guard would implement the new standard. 
However, based on information about the range in costs of survival 
crafts, CBO expects that the cost of replacing hundreds of survival 
craft on private vessels would likely be small relative to UMRA's 
threshold for the private sector. Further, because most public vessels 
do not use survival craft that immerse individuals in water, CBO 
estimates that additional costs to public entities would be minimal.
    The bill also would require owners and operators of certain 
domestic passenger vessels to implement safety management 
procedures as determined by the Secretary of Homeland Security. 
According to the Coast Guard and industry sources, the costs to 
public and private entities could vary widely depending on the 
coverage and scope of those procedures. However, only a small 
number of public entities would be affected by those 
requirements. CBO cannot estimate the total cost of this 
mandate to private entities because it would depend on future 
regulations.
    Other Mandates on the Maritime Industry. The bill also 
would impose new requirements on public entities and businesses 
in the maritime industry. For example, the bill would require 
owners and operators of public and commercial vessels to comply 
with new recordkeeping requirements and provide whistleblower 
protections for maritime employees. CBO estimates that the 
additional costs to comply with those mandates would be small 
because compliance likely would involve only small adjustments, 
if any, in current procedures.

Mandates that apply to public entities only

    The bill would preempt state and local laws that would be 
inconsistent or conflict with the new federal requirements. CBO 
estimates that the additional costs to comply with that mandate 
would be small because compliance likely would involve only a 
small adjustment in current procedures.

Mandates that apply to private entities only

    Safety Requirements for Commercial Fishing Vessels. H.R. 
2652 would impose new safety requirements on owners and 
operators of commercial fishing vessels. The bill also would 
require the individuals in charge of commercial fishing vessels 
operating beyond three nautical miles of the U.S. coast to keep 
a record of equipment maintenance and to pass a safety training 
program and a refresher training once every five years. The 
cost of recordkeeping would be minimal. The new safety training 
program, however, would have to include training in collision 
prevention, personal survival, and emergency medical care. 
According to industry sources, similar training programs 
currently available cost between $100 and $500 per person. 
Those sources also indicate that thousands of U.S. commercial 
fishing captains nationwide and others would have to comply 
with the training requirement. The bill also would establish a 
grant program to provide funding for training on commercial 
fishing safety.
    The bill would establish safety equipment standards for 
certain commercial fishing vessels operating beyond three 
nautical miles of the coast. In addition, beginning in 2010, 
the bill would require that such vessels that are less than 50 
feet in length be constructed in a manner that provides a level 
of safety equivalent to the minimum safety standards 
established by the Coast Guard that apply to recreational 
vessels. The cost to comply with those mandates would depend on 
the standards to be set by the Coast Guard.
    Safety Requirements for Other Vessels. The bill would 
authorize the Coast Guard to establish standards for the use of 
emergency locator beacons on recreational vessels and for the 
installation and use of lifesaving devices on nonpropelled 
vessels such as barges. If the Coast Guard establishes either 
of those standards, it would impose a private-sector mandate. 
CBO cannot estimate the cost of complying with the mandate 
because it would depend on future regulations.

Provision excluded from UMRA review

    UMRA excludes from the application of that act any 
legislative provision that is necessary for the ratification or 
implementation of international treaty obligations. CBO has 
determined that section 12 of H.R. 2652 falls within that 
exclusion; therefore, we have not reviewed it for 
intergovernmental or private-sector mandates.
    Previous CBO estimate: On June 10, 2009, CBO transmitted a 
cost estimate for S. 685, the Oil Spill Prevention Act of 2009, 
as ordered reported by the Senate Committee on Commerce, 
Science, and Transportation on May 20, 2009. The Senate bill 
contains several provisions that are similar to those contained 
in H.R. 2652, including extensions on licensing of seamen and 
requirements for vessels carrying large amounts of fuel oil. 
The estimated costs of those provisions are the same.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Amy Petz and Jacob Kuipers.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     Compliance with House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 2652 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), and 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 2652 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    This legislation extends the termination dates for several 
advisory committees, as defined by section 3 of the Federal 
Advisory Committee Act, including the: Great Lakes Pilotage 
Advisory Committee, National Boating Safety Advisory Committee, 
Houston-Galveston Navigation Safety Advisory Committee, Lower 
Mississippi River Waterway Safety Advisory Committee, Towing 
Safety Advisory Committee, and Navigation Safety Advisory 
Council. The Committee finds pursuant to section 5 of the 
Federal Advisory Committee Act that none of the functions of 
the proposed advisory committees are being or could be 
performed by one or more agencies or by an advisory committee 
already in existence. The Committee also determines that these 
advisory committees have a clearly defined purpose, fairly 
balanced membership, and meets all of the other requirements of 
section 5(b) of the Federal Advisory Committee Act.

                  Applicability of Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                      TITLE 46, UNITED STATES CODE


Subtitle II--Vessels and Seamen

           *       *       *       *       *       *       *



                       Part A--General Provisions


                          CHAPTER 21--GENERAL

Sec.
2101.  General definitions.
     * * * * * * *
2116.  Termination for unsafe operation.
2117.  Establishment of equipment standards.

Sec. 2101. General definitions

  In this subtitle--
          (1) ``associated equipment''--
                  (A) * * *
                  (B) with the exception of emergency locator 
                beacons, does not include radio equipment.

           *       *       *       *       *       *       *

          (19) ``offshore supply vessel'' means a motor vessel 
        [of more than 15 gross tons but less than 500 gross 
        tons as measured under section 14502 of this title, or 
        an alternate tonnage measured under section 14302 of 
        this title as prescribed by the Secretary under section 
        14104 of this title] that regularly carries goods, 
        supplies, individuals in addition to the crew, or 
        equipment in support of exploration, exploitation, or 
        production of offshore mineral or energy.

           *       *       *       *       *       *       *


Sec. 2114. Protection of seamen against discrimination

  (a)(1) A person may not discharge or in any manner 
discriminate against a seaman because--
          (A) the seaman in good faith has reported or is about 
        to report to the Coast Guard or other appropriate 
        Federal agency or department that the seaman believes 
        that a violation of a maritime safety law or regulation 
        prescribed under that law or regulation has occurred; 
        [or]
          (B) the seaman has refused to perform duties ordered 
        by the seaman's employer because the seaman has a 
        reasonable apprehension or expectation that performing 
        such duties would result in serious injury to the 
        seaman, other seamen, or the public[.];
          (C) the seaman testified in a proceeding brought to 
        enforce a maritime safety law or regulation prescribed 
        under that law;
          (D) the seaman notified, or attempted to notify, the 
        vessel owner or the Secretary of a work-related 
        personal injury or work-related illness of a seaman;
          (E) the seaman cooperated with a safety investigation 
        by the Secretary or the National Transportation Safety 
        Board;
          (F) the seaman furnished information to the 
        Secretary, the National Transportation Safety Board, or 
        any other public official as to the facts relating to 
        any marine casualty resulting in injury or death to an 
        individual or damage to property occurring in 
        connection with vessel transportation; or
          (G) the seaman accurately reported hours of duty 
        under this part.

           *       *       *       *       *       *       *

  [(b) A seaman discharged or otherwise discriminated against 
in violation of this section may bring an action in an 
appropriate district court of the United States. In that 
action, the court may order any appropriate relief, including--
          [(1) restraining violations of this section;
          [(2) reinstatement to the seaman's former position 
        with back pay;
          [(3) an award of costs and reasonable attorney's fees 
        to a prevailing plaintiff not exceeding $1,000; and
          [(4) an award of costs and reasonable attorney's fees 
        to a prevailing employer not exceeding $1,000 if the 
        court finds that a complaint filed under this section 
        is frivolous or has been brought in bad faith.]
  (b) A seaman alleging discharge or discrimination in 
violation of subsection (a) of this section, or another person 
at the seaman's request, may file a complaint with respect to 
such allegation in the same manner as a complaint may be filed 
under subsection (b) of section 31105 of title 49. Such 
complaint shall be subject to the procedures, requirements, and 
rights described in that section, including with respect to the 
right to file an objection, the right of a person to file for a 
petition for review under subsection (c) of that section, and 
the requirement to bring a civil action under subsection (d) of 
that section.

           *       *       *       *       *       *       *


Sec. 2116. Termination for unsafe operation

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

Sec. 2117. Establishment of equipment standards

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

           *       *       *       *       *       *       *


             Part B--Inspection and Regulations of Vessels

                          CHAPTER 31--GENERAL

Sec.
3101.  Authority to suspend inspection.
     * * * * * * *
3104.  Survival craft.

           *       *       *       *       *       *       *


Sec. 3104. Survival craft

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

CHAPTER 32--MANAGEMENT OF VESSELS

           *       *       *       *       *       *       *


Sec. 3202. Application

  (a) [Mandatory Application] Foreign Voyages and Foreign 
Vessels.--This chapter applies to a vessel that--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Other Passenger Vessels.--This chapter applies to a 
vessel that is--
          (1) a passenger vessel or small passenger vessel; and
          (2) is transporting more passengers than a number 
        prescribed by the Secretary based on the number of 
        individuals on the vessel that could be killed or 
        injured in a marine casualty.
  [(b)] (c) Voluntary Application.--This chapter applies to a 
vessel not described in subsection (a) of this section if the 
owner of the vessel requests the Secretary to apply this 
chapter to the vessel.
  [(c)] (d) Exception.--Except as provided in [subsection (b)] 
subsection (c) of this section, this chapter does not apply 
to--
          (1) * * *

           *       *       *       *       *       *       *

          (4) a vessel operating on the Great Lakes or its 
        tributary and connecting waters that is not described 
        in subsection (b) of this section; or

           *       *       *       *       *       *       *


Sec. 3203. Safety management system

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


CHAPTER 33--INSPECTION GENERALLY

           *       *       *       *       *       *       *


Sec. 3306. Regulations

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


CHAPTER 41--UNINSPECTED VESSELS GENERALLY

           *       *       *       *       *       *       *


Sec. 4102. Safety equipment

  (a) * * *
  [(b) Each uninspected vessel propelled by machinery shall 
carry at least one readily accessible life preserver or other 
lifesaving device, of the type prescribed by regulation, for 
each individual on board.]
  (b) The Secretary shall prescribe regulations requiring the 
installation, maintenance, and use of life preservers and other 
lifesaving devices for individuals on board uninspected 
vessels.

           *       *       *       *       *       *       *


      CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

Sec.
4501.  Application.
     * * * * * * *
[4503.  Fish processing vessel certification.]
4503.  Fishing, fish tender, and fish processing vessel certification.
     * * * * * * *
[4508.  Commercial Fishing Industry Vessel Safety Advisory Committee.]
4508.  Commercial Fishing Safety Advisory Committee.

           *       *       *       *       *       *       *


Sec. 4502. Safety standards

  (a) The Secretary shall prescribe regulations which require 
that each vessel to which this chapter applies shall be 
equipped with--
          (1) * * *

           *       *       *       *       *       *       *

          [(6) a buoyant apparatus, if the vessel is of a type 
        required by regulations prescribed by the Secretary to 
        be equipped with that apparatus;
          [(7) alerting and locating equipment, including 
        emergency position indicating radio beacons, on vessels 
        that operate beyond 3 nautical miles from the baselines 
        from which the territorial sea of the United States is 
        measured, and which are owned in the United States or 
        beyond 3 nautical miles from the coastline of the Great 
        Lakes; and]
          (6) other equipment required to minimize the risk of 
        injury to the crew during vessel operations, if the 
        Secretary determines that a risk of serious injury 
        exists that can be eliminated or mitigated by that 
        equipment; and
          [(8)] (7) a placard as required by regulations 
        prescribed under section 10603(b) of this title.
  (b)(1) In addition to the requirements of subsection (a) of 
this section, the Secretary shall prescribe regulations 
requiring the installation, maintenance, and use of the 
equipment in paragraph (2) of this subsection for [documented] 
vessels to which this chapter applies that--
          (A) operate beyond [the Boundary Line] 3 nautical 
        miles from the baseline from which the territorial sea 
        of the United States is measured or beyond 3 nautical 
        miles from the coastline of the Great Lakes;

           *       *       *       *       *       *       *

  (2) The equipment to be required is as follows:
          (A) * * *
          (B) [lifeboats or liferafts] a survival craft that 
        ensures that no part of an individual is immersed in 
        water sufficient to accommodate all individuals on 
        board;

           *       *       *       *       *       *       *

          (D) marine radio communications equipment sufficient 
        to effectively communicate with land-based search and 
        rescue facilities;
          (E) navigation equipment, including compasses, [radar 
        reflectors, nautical charts, and anchors] nautical 
        charts, and publications;
          (F) first aid equipment[, including medicine chests] 
        and medical supplies sufficient for the size and area 
        of operation of the vessel; and
          [(G) other equipment required to minimize the risk of 
        injury to the crew during vessel operations, if the 
        Secretary determines that a risk of serious injury 
        exists that can be eliminated or mitigated by that 
        equipment.]
          (G) ground tackle sufficient for the vessel.

           *       *       *       *       *       *       *

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

[Sec. 4503. Fish processing vessel certification]

Sec. 4503. Fishing, fish tender, and fish processing vessel 
                    certification

  (a) A [fish processing] vessel to which this section applies 
may not be operated unless the vessel--
          (1) * * *

           *       *       *       *       *       *       *

  (c) This section applies to a vessel to which section 4502(b) 
of this title applies that is at least 50 feet overall in 
length and--
          (1) is built after July 1, 2010; or
          (2) undergoes a major conversion completed after that 
        date.
  (d)(1) After January 1, 2020, a fishing vessel, fish 
processing vessel, or fish tender vessel to which section 
4502(b) of this title applies shall comply with an alternate 
safety compliance program that is developed in cooperation with 
the commercial fishing industry and prescribed by the 
Secretary, if the vessel--
          (A) is at least 50 feet overall in length;
          (B) is built before July 1, 2010; and
          (C) is 25 years of age or older.
  (2) Alternative safety compliance programs may be developed 
for purposes of paragraph (1) for specific regions and 
fisheries.
  (3) A fishing vessel, fish processing vessel, or fish tender 
vessel to which section 4502(b) of this title applies that was 
classed before July 1, 2010, shall--
          (A) remain subject to the requirements of a 
        classification society approved by the Secretary; and
          (B) have on board a certificate from that society.

           *       *       *       *       *       *       *


Sec. 4506. Exemptions

  (a) * * *
  [(b) A vessel to which this chapter applies is exempt from 
section 4502(b)(2)(B) of this title if it--
          [(1) is less than 36 feet in length; and
          [(2) is operating--
                  [(A) in internal waters of the United States; 
                or
                  [(B) within 3 nautical miles from the 
                baselines from which the territorial sea of the 
                United States is measured.]

           *       *       *       *       *       *       *


[Sec. 4508. Commercial Fishing Industry Vessel Advisory Safety 
                    Committee]

Sec. 4508. Commercial Fishing Safety Advisory Committee

  (a) The Secretary shall establish a Commercial Fishing 
[Industry Vessel] Safety Advisory Committee. The Committee--
          (1) * * *

           *       *       *       *       *       *       *

  (b)(1) The Committee shall consist of [seventeen] eighteen 
members with particular expertise, knowledge, and experience 
regarding the commercial fishing industry as follows:
          (A) ten members [from the commercial fishing industry 
        who] who shall represent the commercial fishing 
        industry and who--
                  (i) * * *
                  (ii) have experience in the operation of 
                vessels to which this chapter applies or as a 
                crew member or processing line worker on [an 
                uninspected] a fish processing vessel;
          [(B) three members from the general public, 
        including, whenever possible, an independent expert or 
        consultant in maritime safety and a member of a 
        national organization composed of persons representing 
        owners of vessels to which this chapter applies and 
        persons representing the marine insurance industry;]
          (B) three members who shall represent the general 
        public, including, whenever possible--
                  (i) an independent expert or consultant in 
                maritime safety;
                  (ii) a marine surveyor who provides services 
                to vessels to which this chapter applies; and
                  (iii) a person familiar with issues affecting 
                fishing communities and families of fishermen;
          (C) one member [representing each of] each of whom 
        shall represent--
                  (i) naval architects [or marine surveyors;] 
                and marine engineers;

           *       *       *       *       *       *       *

                  (iii) education or training professionals 
                related to fishing vessel, fish processing 
                vessel, or fish tender vessel safety or 
                personnel qualifications; [and]
                  (iv) underwriters that insure vessels to 
                which this chapter applies[.]; and
                  (v) owners of vessels to which this chapter 
                applies.

           *       *       *       *       *       *       *

  (e)(1) The Federal Advisory Committee Act (5 App. U.S.C.) 
applies to the Committee, except that the Committee terminates 
on [September 30, 2010.] September 30, 2020.

           *       *       *       *       *       *       *


                     Part C--Load Lines of Vessels

CHAPTER 51--LOAD LINES

           *       *       *       *       *       *       *


Sec. 5102. Application

  (a) * * *
  (b) This chapter does not apply to the following:
          (1) * * *

           *       *       *       *       *       *       *

          (3) a fishing vessel, unless the vessel is built or 
        undergoes a major conversion completed after July 1, 
        2010.

           *       *       *       *       *       *       *


     Part E--Merchant Seamen Licenses, Certificates, and Documents

           CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY

Sec.
7101.  Issuing and classifying licenses and certificates of registry.
     * * * * * * *
[7105.  Oaths.]

           *       *       *       *       *       *       *


[Sec. 7105. Oaths

  [An applicant for a license or certificate of registry shall 
take, before the issuance of the license or certificate, an 
oath before a designated official, without concealment or 
reservation, that the applicant will perform faithfully and 
honestly, according to the best skill and judgment of the 
applicant, all the duties required by law.

[Sec. 7106. Duration of licenses

  [A license issued under this part is valid for 5 years and 
may be renewed for additional 5-year periods. However, the 
validity of a license issued to a radio officer is conditioned 
on the continuous possession by the holder of a first-class or 
second-class radiotelegraph operator license issued by the 
Federal Communications Commission.

[Sec. 7107. Duration of certificates of registry

  [A certificate of registry issued under this part is valid 
for 5 years and may be renewed for additional 5-year periods. 
However, the validity of a certificate issued to a medical 
doctor or professional nurse is conditioned on the continuous 
possession by the holder of a license as a medical doctor or 
registered nurse, respectively, issued by a State.]

Sec. 7106. Duration of licenses

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

Sec. 7107. Duration of certificates of registry

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

           *       *       *       *       *       *       *


                CHAPTER 73--MERCHANT MARINERS' DOCUMENTS

Sec.
7301.  General.
     * * * * * * *
[7305.  Oaths for holders of merchant mariners' documents.]

           *       *       *       *       *       *       *


Sec. 7302. Issuing merchant mariners' documents and continuous 
                    discharge books

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


[Sec. 7305. Oaths for holders of merchant mariners' documents

  [An applicant for a merchant mariner's document shall take, 
before issuance of the document, an oath that the applicant 
will perform faithfully and honestly all the duties required by 
law, and will carry out the lawful orders of superior 
officers.]

           *       *       *       *       *       *       *


Sec. 7310. Able seamen--offshore supply vessels

  For service on a vessel [of less than 500 gross tons as 
measured under section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title] 
engaged in support of exploration, exploitation, or production 
of offshore mineral or energy resources, an individual may be 
rated as able seaman--offshore supply vessels if the individual 
has at least 6 months' service on deck on board vessels 
operating on the oceans or the navigable waters of the United 
States (including the Great Lakes).

           *       *       *       *       *       *       *


Sec. 7312. Scale of employment

  (a) * * *

           *       *       *       *       *       *       *

  (d) Individuals qualified as able seamen--offshore supply 
vessels under section 7310 of this title may constitute all of 
the able seamen required on board a vessel [of less than 500 
gross tons as measured under section 14502 of this title, or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title] 
engaged in support of exploration, exploitation, or production 
of offshore mineral or energy resources.

           *       *       *       *       *       *       *


   CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND 
                             DOCUMENTATION

Sec.
7501.  Duplicates.
     * * * * * * *
7507.  Fingerprinting.
7508.  Authority to extend the duration of licenses, certificates of 
          registry, and merchant mariner documents.

           *       *       *       *       *       *       *


Sec. 7502. Records

  (a) The Secretary shall maintain [computerized records] 
records, including electronic records, on the issuances, 
denials, suspensions, and revocations of licenses, certificates 
of registry, merchant mariners' documents, and endorsements on 
those licenses, certificates, and documents.
  (b) The Secretary may prescribe regulations requiring a 
vessel owner or managing operator of a commercial vessel, or 
the employer of a seaman on that vessel, to maintain records of 
each individual engaged on the vessel on matters of engagement, 
discharge, and service for not less than 5 years after the date 
of the completion of the service of that individual on the 
vessel. The regulations may require that a vessel owner, 
managing operator, or employer shall make these records 
available to the individual and the Coast Guard on request.
  (c) A person violating this section, or a regulation 
prescribed under this section, is liable to the United States 
Government for a civil penalty of not more than $5,000.

           *       *       *       *       *       *       *


Sec. 7507. Fingerprinting

  The Secretary of the Department in which the Coast Guard is 
operating may not require an individual to be fingerprinted for 
the issuance or renewal of a license, a certificate of 
registry, or a merchant mariner's document under chapter 71 or 
73 if the individual was fingerprinted when the individual 
applied for a transportation security card under section 70105.

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

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

                       Part F--Manning of Vessels

CHAPTER 81--GENERAL

           *       *       *       *       *       *       *


Sec. 8104. Watches

  (a) * * *

           *       *       *       *       *       *       *

  (d)(1) On a merchant vessel of more than 100 gross tons as 
measured under section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title 
(except a vessel only operating on rivers, harbors, lakes 
(except the Great Lakes), bays, sounds, bayous, and canals, a 
fishing, fish tender, or whaling vessel, a fish processing 
vessel of not more than 5,000 gross tons as measured under 
section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title, yacht, or vessel 
engaged in salvage operations), the licensed individuals, 
sailors, coal passers, firemen, oilers, and water tenders shall 
be divided, when at sea, into at least 3 watches, and shall be 
kept on duty successively to perform ordinary work incident to 
the operation and management of the vessel. The requirement of 
this subsection applies to radio officers only when at least 3 
radio officers are employed. A licensed individual or seaman in 
the deck or engine department may not be required to work more 
than 8 hours in one day.
  (2) Paragraph (1) does not apply to an offshore supply vessel 
of at least 6,000 gross tons as measured under section 14302 of 
this title if the individuals engaged on the vessel are in 
compliance with hours of service requirements (including 
recording and record-keeping of that service) prescribed by the 
Secretary.
  (e) On a vessel designated by [subsection (d)] subsection 
(d)(1) of this section--
          (1) * * *

           *       *       *       *       *       *       *

  (g) On a towing vessel, an offshore supply vessel of less 
than 500 gross tons as measured under section 14502 of this 
title, or less than 6,000 gross tons as measured under section 
14302 of this title as prescribed by the Secretary under 
section 14104 of this title, or a barge to which this section 
applies, that is engaged on a voyage of less than 600 miles, 
the licensed individuals and crewmembers (except the coal 
passers, firemen, oilers, and water tenders) may be divided, 
when at sea, into at least 2 watches.

           *       *       *       *       *       *       *


CHAPTER 83--MASTERS AND OFFICERS

           *       *       *       *       *       *       *


Sec. 8301. Minimum number of licensed individuals

  (a) * * *
  [(b) An offshore supply vessel on a voyage of less than 600 
miles shall have a licensed mate. However, if the vessel is on 
a voyage of at least 600 miles, the vessel shall have 2 
licensed mates. An offshore supply vessel of more than 200 
gross tons as measured under section 14502 of this title, or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title 
may not be operated without a licensed engineer.]
  (b)(1) An offshore supply vessel of less than 6,000 gross 
tons, as measured under section 14302 of this title, on a 
voyage of less than 600 miles shall have at least one licensed 
mate. Such a vessel on a voyage of 600 miles or more shall have 
two licensed mates.
  (2) An offshore supply vessel of more than 200 gross tons as 
measured under section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title, 
may not be operated without a licensed engineer.
  (3) An offshore supply vessel shall have at least one mate. 
Additional mates on an offshore supply vessel of at least 6,000 
gross tons as measured under section 14302 of this title shall 
be prescribe in accordance with hours of service requirements 
(including recording and record-keeping of that service) 
prescribed by the Secretary.

           *       *       *       *       *       *       *


CHAPTER 89--SMALL VESSEL MANNING

           *       *       *       *       *       *       *


Sec. 8905. Exemptions

  (a) * * *
  [(b) Section 8904 of this title does not apply to a vessel of 
less than 200 gross tons as measured under section 14502 of 
this title, or an alternate tonnage measured under section 
14302 of this title as prescribed by the Secretary under 
section 14104 of this title engaged in the offshore mineral and 
oil industry if the vessel has offshore mineral and oil 
industry sites or equipment as its ultimate destination or 
place of departure.]
  [(c)] (b) Section 8904 of this title does not apply to an oil 
spill response vessel while engaged in oil spill response or 
training activities.

           *       *       *       *       *       *       *


CHAPTER 93--GREAT LAKES PILOTAGE

           *       *       *       *       *       *       *


Sec. 9307. Great Lakes Pilotage Advisory Committee

  (a) * * *

           *       *       *       *       *       *       *

  (f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) 
applies to the Committee, except that the Committee terminates 
on [September 30, 2010.] September 30, 2020.

           *       *       *       *       *       *       *


                     CHAPTER 113--OFFICIAL LOGBOOKS

Sec.
11301.  Logbook and entry requirements.
     * * * * * * *
11304.  Additional logbook and entry requirements.

           *       *       *       *       *       *       *


Sec. 11304. Additional logbook and entry requirements

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

           *       *       *       *       *       *       *


Part H--Identification of Vessels

           *       *       *       *       *       *       *


CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *


SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION

           *       *       *       *       *       *       *


Sec. 12113. Fishery endorsement

  (a) * * *

           *       *       *       *       *       *       *

  (d) Requirements Based on Length, Tonnage, or Horsepower.--
          (1) * * *
          (2) Requirements.--A vessel subject to this 
        subsection is not eligible for a fishery endorsement 
        unless--
                  (A)(i) a certificate of documentation was 
                issued for the vessel and endorsed with a 
                fishery endorsement that was effective on 
                September 25, 1997; and
                  (ii) the vessel is not placed under foreign 
                registry after October 21, 1998; [and]
                  [(iii) if the fishery endorsement is 
                invalidated after October 21, 1998, application 
                is made for a new fishery endorsement within 15 
                business days of the invalidation; or]
                  (B) the owner of the vessel demonstrates to 
                the Secretary that the regional fishery 
                management council of jurisdiction established 
                under section 302(a)(1) of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 
                U.S.C. 1852(a)(1)) has recommended after 
                October 21, 1998, and the Secretary of Commerce 
                has approved, conservation and management 
                measures in accordance with the American 
                Fisheries Act (Public Law 105-277, div. C, 
                title II) (16 U.S.C. 1851 note) to allow the 
                vessel to be used in fisheries under the 
                council's authority[.]; or
                  (C) the vessel is either a rebuilt vessel or 
                a replacement vessel under section 208(g) of 
                the American Fisheries Act (title II of 
                division C of Public Law 105-277; 112 Stat. 
                2681-627) and is eligible for a fishery 
                endorsement under this section.

           *       *       *       *       *       *       *


                 Part I--State Boating Safety Programs

CHAPTER 131--RECREATIONAL BOATING SAFETY

           *       *       *       *       *       *       *


Sec. 13110. National Boating Safety Advisory Council

  (a) * * *

           *       *       *       *       *       *       *

  (d) [When attending meetings of the Council, a member of the 
Council or a panel may be paid at a rate not more than the rate 
for GS-18.] When serving away from home or regular place of 
business, the member may be allowed travel expenses, including 
per diem in lieu of subsistence as authorized by section 5703 
of title 5 for individuals employed intermittently in the 
Government service. A payment under this section does not make 
a member of the Council an officer or employee of the United 
States Government for any purpose.
  (e) The Council shall terminate on [September 30, 2010.] 
September 30, 2020.
                              ----------                              


                         AMERICAN FISHERIES ACT

                          TITLE II--FISHERIES

Subtitle I--Fishery Endorsements

           *       *       *       *       *       *       *


SEC. 203. ENFORCEMENT OF STANDARD.

  (a) * * *

           *       *       *       *       *       *       *

  (g) Certain Vessels.--The vessels EXCELLENCE (United States 
official number 967502), GOLDEN ALASKA (United States official 
number 651041) and, OCEAN PHOENIX (United States official 
number 296779)[, NORTHERN TRAVELER (United States official 
number 635986), and NORTHERN VOYAGER (United States official 
number 637398) (or a replacement vessel for the NORTHERN 
VOYAGER that complies with paragraphs (2), (5), and (6) of 
section 208(g) of this Act)] shall be exempt from section 
12102(c), as amended by this Act, until such time after October 
1, 2001 as more than 50 percent of the interest owned and 
controlled in the vessel changes, provided that the vessel 
maintains eligibility for a fishery endorsement under the 
federal law that was in effect the day before the date of the 
enactment of this Act, and unless[, in the case of the NORTHERN 
TRAVELER or the NORTHERN VOYAGER (or such replacement), the 
vessel is used in any fishery under the authority of a regional 
fishery management council other than the New England Fishery 
Management Council or Mid-Atlantic Fishery Management Council 
established, respectively, under subparagraphs (A) and (B) of 
section 302(a)(1) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1852(a)(1) (A) and (B)), or in 
the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX,] 
the vessel is used to harvest any fish.

           *       *       *       *       *       *       *


Subtitle II--Bering Sea Pollock Fishery

           *       *       *       *       *       *       *


SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.

  (a) * * *

           *       *       *       *       *       *       *

  [(g) Replacement Vessels.--In the event of the actual total 
loss or constructive total loss of a vessel eligible under 
subsections (a), (b), (c), (d), or (e), the owner of such 
vessel may replace such vessel with a vessel which shall be 
eligible in the same manner under that subsection as the 
eligible vessel, provided that--
          [(1) such loss was caused by an act of God, an act of 
        war, a collision, an act or omission of a party other 
        than the owner or agent of the vessel, or any other 
        event not caused by the willful misconduct of the owner 
        or agent;
          [(2) the replacement vessel was built in the United 
        States and if ever rebuilt, was rebuilt in the United 
        States;
          [(3) the fishery endorsement for the replacement 
        vessel is issued within 36 months of the end of the 
        last year in which the eligible vessel harvested or 
        processed pollock in the directed pollock fishery;
          [(4) if the eligible vessel is greater than 165 feet 
        in registered length, of more than 750 gross registered 
        tons (as measured under chapter 145 of title 46) or 
        1,900 gross registered tons as measured under chapter 
        143 of that title), or has engines capable of producing 
        more than 3,000 shaft horsepower, the replacement 
        vessel is of the same or lesser registered length, 
        gross registered tons, and shaft horsepower;
          [(5) if the eligible vessel is less than 165 feet in 
        registered length, of fewer than 750 gross registered 
        tons, and has engines incapable of producing less than 
        3,000 shaft horsepower, the replacement vessel is less 
        than each of such thresholds and does not exceed by 
        more than 10 percent the registered length, gross 
        registered tons or shaft horsepower of the eligible 
        vessel; and
          [(6) the replacement vessel otherwise qualifies under 
        federal law for a fishery endorsement, including under 
        section 12102(c) of title 46, United States Code, as 
        amended by this Act.]
  (g) Vessel Rebuilding and Replacement.--
          (1) In general.--
                  (A) Rebuild or replace.--Notwithstanding any 
                limitation to the contrary on replacing, 
                rebuilding, or lengthening vessels or 
                transferring permits or licenses to a 
                replacement vessel contained in sections 679.2 
                and 679.4 of title 50, Code of Federal 
                Regulations, as in effect on the date of 
                enactment of the Maritime Safety Act of 2009 
                and except as provided in paragraph (4), the 
                owner of a vessel eligible under subsection 
                (a), (b), (c), (d), or (e) (other than 
                paragraph (21)), in order to improve vessel 
                safety and operational efficiencies (including 
                fuel efficiency), may rebuild or replace that 
                vessel (including fuel efficiency) with a 
                vessel documented with a fishery endorsement 
                under section 12113 of title 46, United States 
                Code.
                  (B) Same requirements.--The rebuilt or 
                replacement vessel shall be eligible in the 
                same manner and subject to the same 
                restrictions and limitations under such 
                subsection as the vessel being rebuilt or 
                replaced.
                  (C) Transfer of permits and licenses.--Each 
                fishing permit and license held by the owner of 
                a vessel or vessels to be rebuilt or replaced 
                under subparagraph (A) shall be transferred to 
                the rebuilt or replacement vessel.
          (2) Recommendations of north pacific fishery 
        management council.--The North Pacific Fishery 
        Management Council may recommend for approval by the 
        Secretary such conservation and management measures, 
        including size limits and measures to control fishing 
        capacity, in accordance with the Magnuson-Stevens Act 
        as it considers necessary to ensure that this 
        subsection does not diminish the effectiveness of 
        fishery management plans of the Bering Sea and Aleutian 
        Islands Management Area or the Gulf of Alaska.
          (3) Special rule for replacement of certain 
        vessels.--
                  (A) In general.--Notwithstanding the 
                requirements of subsections (b)(2), (c)(1), and 
                (c)(2) of section 12113 of title 46, United 
                States Code, a vessel that is eligible under 
                subsection (a), (b), (c), (d), or (e) (other 
                than paragraph (21)) and that qualifies to be 
                documented with a fishery endorsement pursuant 
                to section 203(g) or 213(g) may be replaced 
                with a replacement vessel under paragraph (1) 
                if the vessel that is replaced is validly 
                documented with a fishery endorsement pursuant 
                to section 203(g) or 213(g) before the 
                replacement vessel is documented with a fishery 
                endorsement under section 12113 of title 46, 
                United States Code.
                  (B) Applicability.--A replacement vessel 
                under subparagraph (A) and its owner and 
                mortgagee are subject to the same limitations 
                under section 203(g) or 213(g) that are 
                applicable to the vessel that has been replaced 
                and its owner and mortgagee.
          (4) Special rules for certain catcher vessels.--
                  (A) In general.--A replacement for a covered 
                vessel described in subparagraph (B) is 
                prohibited from harvesting fish in any fishery 
                (except for the Pacific whiting fishery) 
                managed under the authority of any Regional 
                Fishery Management Council (other than the 
                North Pacific Fishery Management Council) 
                established under section 302(a) of the 
                Magnuson-Stevens Act.
                  (B) Covered vessels.--A covered vessel 
                referred to in subparagraph (A) is--
                          (i) a vessel eligible under 
                        subsection (a), (b), or (c) that is 
                        replaced under paragraph (1); or
                          (ii) a vessel eligible under 
                        subsection (a), (b), or (c) that is 
                        rebuilt to increase its registered 
                        length, gross tonnage, or shaft 
                        horsepower.
          (5) Limitation on fishery endorsements.--Any vessel 
        that is replaced under this subsection shall thereafter 
        not be eligible for a fishery endorsement under section 
        12113 of title 46, United States Code, unless that 
        vessel is also a replacement vessel described in 
        paragraph (1).
          (6) Gulf of alaska limitation.--Notwithstanding 
        paragraph (1), the Secretary shall prohibit from 
        participation in the groundfish fisheries of the Gulf 
        of Alaska any vessel that is rebuilt or replaced under 
        this subsection and that exceeds the maximum length 
        overall specified on the license that authorizes 
        fishing for groundfish pursuant to the license 
        limitation program under part 679 of title 50, Code of 
        Federal Regulations, as in effect on the date of 
        enactment of the Maritime Safety Act of 2009.
          (7) Authority of pacific council.--Nothing in this 
        section shall be construed to diminish or otherwise 
        affect the authority of the Pacific Council to 
        recommend to the Secretary conservation and management 
        measures to protect fisheries under its jurisdiction 
        (including the Pacific whiting fishery) and 
        participants in such fisheries from adverse impacts 
        caused by this Act.

           *       *       *       *       *       *       *


SEC. 210. FISHERY COOPERATIVE LIMITATIONS.

  (a) * * *
  (b) Catcher Vessels Onshore.--
          (1) Catcher vessel cooperatives.--Effective January 
        1, 2000, upon the filing of a contract implementing a 
        fishery cooperative under subsection (a) which--
                  (A) * * *

           *       *       *       *       *       *       *

        the Secretary shall allow only such catcher vessels 
        (and catcher vessels whose owners voluntarily 
        participate pursuant to paragraph (2)) to harvest the 
        aggregate percentage of the directed fishing allowance 
        under section 206(b)(1) in the year in which the 
        fishery cooperative will be in effect that is 
        equivalent to the aggregate total amount of pollock 
        harvested by such catcher vessels (and by such catcher 
        vessels whose owners voluntarily participate pursuant 
        to paragraph (2)) in the directed pollock fishery for 
        processing by the inshore component during 1995, 1996, 
        and 1997 relative to the aggregate total amount of 
        pollock harvested in the directed pollock fishery for 
        processing by the inshore component during such years 
        and shall prevent such catcher vessels (and catcher 
        vessels whose owners voluntarily participate pursuant 
        to paragraph (2)) from harvesting in aggregate in 
        excess of such percentage of such directed fishing 
        allowance.

           *       *       *       *       *       *       *

          (7) Fishery cooperative exit provisions.--
                  (A) Fishing allowance determination.--For 
                purposes of determining the aggregate 
                percentage of directed fishing allowances under 
                paragraph (1), when a catcher vessel is removed 
                from the directed pollock fishery, the fishery 
                allowance for pollock for the vessel being 
                removed--
                          (i) shall be based on the catch 
                        history determination for the vessel 
                        made pursuant to section 679.62 of 
                        title 50, Code of Federal Regulations, 
                        as in effect on the date of enactment 
                        of the Maritime Safety Act of 2009; and
                          (ii) shall be assigned, for all 
                        purposes under this title, in the 
                        manner specified by the owner of the 
                        vessel being removed to any other 
                        catcher vessel or among other catcher 
                        vessels participating in the fishery 
                        cooperative if such vessel or vessels 
                        remain in the fishery cooperative for 
                        at least one year after the date on 
                        which the vessel being removed leaves 
                        the directed pollock fishery.
                  (B) Eligibility for fishery endorsement.--
                Except as provided in subparagraph (C), a 
                vessel that is removed pursuant to this 
                paragraph shall be permanently ineligible for a 
                fishery endorsement, and any claim (including 
                relating to catch history) associated with such 
                vessel that could qualify any owner of such 
                vessel for any permit to participate in any 
                fishery within the exclusive economic zone of 
                the United States shall be extinguished, unless 
                such removed vessel is thereafter designated to 
                replace a vessel to be removed pursuant to this 
                paragraph.
                  (C) Limitations on statutory construction.--
                Nothing in this paragraph shall be construed--
                          (i) to make the vessels AJ (United 
                        States official number 905625), DONA 
                        MARTITA (United States official number 
                        651751), NORDIC EXPLORER (United States 
                        official number 678234), and PROVIDIAN 
                        (United States official number 1062183) 
                        ineligible for a fishery endorsement or 
                        any permit necessary to participate in 
                        any fishery under the authority of the 
                        New England Fishery Management Council 
                        or the Mid-Atlantic Fishery Management 
                        Council established, respectively, 
                        under subparagraphs (A) and (B) of 
                        section 302(a)(1) of the Magnuson-
                        Stevens Act; or
                          (ii) to allow the vessels referred to 
                        in clause (i) to participate in any 
                        fishery under the authority of the 
                        Councils referred to in clause (i) in 
                        any manner that is not consistent with 
                        the fishery management plan for the 
                        fishery developed by the Councils under 
                        section 303 of the Magnuson-Stevens 
                        Act.

           *       *       *       *       *       *       *

                              ----------                              


                 SECTION 5209 OF THE OCEANS ACT OF 1992

SEC. 5209. TANK VESSEL DEFINITION CLARIFICATION.

  (a) * * *
  (b) The following vessels are deemed not to be a tank vessel 
for the purposes of any law:
          (1) An offshore supply vessel of less than 500 gross 
        tons as measured under section 14502, or an alternate 
        tonnage measured under section 14302 of this title as 
        prescribed by the Secretary under section 14104 of this 
        title.

           *       *       *       *       *       *       *

                              ----------                              


                 COAST GUARD AUTHORIZATION ACT OF 1991



           *       *       *       *       *       *       *
SEC. 18. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.

  (a) * * *

           *       *       *       *       *       *       *

  (h) The Committee shall terminate on [September 30, 2010] 
September 30, 2020.

SEC. 19. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.

  (a) * * *
  (b) The Committee shall consist of [twenty-four] twenty-five 
members who have expertise, knowledge, and experience regarding 
the transportation, equipment, and techniques that are used to 
ship cargo and to navigate vessels on the Lower Mississippi 
River and its connecting navigable waterways including the Gulf 
of Mexico:
          (1) * * *

           *       *       *       *       *       *       *

          (12) One member representing the Associated Federal 
        Pilots and Docking Masters of Louisiana.

           *       *       *       *       *       *       *

  (g) The Committee shall terminate on [September 30, 2010] 
September 30, 2020.

           *       *       *       *       *       *       *

                              ----------                              


                         ACT OF OCTOBER 6, 1980

                          (Public Law 96-380)

 An Act To establish a Towing Safety Advisory Committee in the in the 
                     Department of Transportation.

  Be it enacted by the Sentate and House of Representatives of 
the United States of America in Congress assembled, That [(a) 
there is established a Towing Safety Advisory Committee 
(hereinafter referred to as the ``Committee''). The Committee 
shall consist of sixteen members with particular expertise, 
knowledge, and experience regarding shallow-draft inland and 
coastal waterway navigation and towing safety as follows:
          [(1) seven members from the barge and towing 
        industry, reflecting a regional geographic balance;
          [(2) one member from the offshore mineral and oil 
        supply vessel industry; and
          [(3) two members from each of the following--
                  [(A) port districts, authorities, or terminal 
                operators;
                  [(B) maritime labor;
                  [(C) shippers (of whom at least one shall be 
                engaged in the shipment of oil or hazardous 
                materials by barge); and
                  [(D) the general public.]
  (a) There is established a Towing Safety Advisory Committee 
(hereinafter referred to as the ``Committee''). The Committee 
shall consist of eighteen members with particular expertise, 
knowledge, and experience regarding shallow-draft inland and 
coastal waterway navigation and towing safety as follows:
          (1) Seven members representing the barge and towing 
        industry, reflecting a regional geographic balance.
          (2) One member representing the offshore mineral and 
        oil supply vessel industry.
          (3) One member representing holders of active 
        licensed Masters or Pilots of towing vessels with 
        experience on the Western Rivers and the Gulf 
        Intracoastal Waterway.
          (4) One member representing the holders of active 
        licensed Masters of towing vessels in offshore service.
          (5) One member representing Masters who are active 
        ship-docking or harbor towing vessel.
          (6) One member representing licensed or unlicensed 
        towing vessel engineers with formal training and 
        experience.
          (7) Two members representing each of the following 
        groups:
                  (A) Port districts, authorities, or terminal 
                operators.
                  (B) Shippers (of whom at least one shall be 
                engaged in the shipment of oil or hazardous 
                materials by barge).
          (8) Two members representing the general public.

           *       *       *       *       *       *       *

  (e) Unless extended by subsequent Act of Congress the 
Committee shall terminate on [September 30, 2010] September 30, 
2020.
                              ----------                              


         SECTION 5 OF THE INLAND NAVIGATIONAL RULES ACT OF 1980

  Sec. 5. [(a) The Secretary shall establish a Navigation 
Safety Advisory Council (hereinafter referred to as the 
Council) not exceeding 21 members. To assure balanced 
representation, members shall be chosen, insofar as practical, 
from the following groups: (1) recognized experts and leaders 
in organizations having an active interest in the Rules of the 
Road and vessel and port safety, (2) representatives of owners 
and operators of vessels, professional mariners, recreational 
boaters, and the recreational boating industry, (3) individuals 
with an interest in maritime law, and (4) Federal and State 
officials with responsibility for vessel and port safety. 
Additional persons may be appointed to panels of the Council to 
assist the Council in the performance of its functions. The 
Secretary shall, not less often that once a year, publish 
notice in the Federal Register for solicitation of nominations 
for membership on the Council.
  [(b) The Council shall advise, consult with, and make 
recommendations to the Secretary on matters relating to the 
prevention of collisions, rammings, and groundings, including 
the Inland Rules of the Road, the International Rules of the 
Road, navigation regulations and equipment, routing measures, 
marine information, diving safety, and aids to navigation 
systems. Any advice or recommendation made by the Council to 
the Secretary shall reflect the independent judgment of the 
Council on the matter concerned. The Council shall meet at the 
call of the Secretary, but in any event not less than twice 
during each calendar year. All proceedings of the Council shall 
be public, and a record of the proceedings shall be made 
available for public inspection.]
  (a) Establishment of Council.--
          (1) In general.--The Secretary of the department in 
        which the Coast Guard is operating shall establish a 
        Navigation Safety Advisory Council (hereinafter 
        referred to as the ``Council''), consisting of not more 
        than 21 members. All members shall have expertise in 
        Inland and International vessel navigation Rules of the 
        Road, aids to maritime navigation, maritime law, vessel 
        safety, port safety, or commercial diving safety. Upon 
        appointment, all non-Federal members shall be 
        designated as representative members to represent the 
        viewpoints and interests of one of the following groups 
        or organizations:
                  (A) Commercial vessel owners or operators.
                  (B) Professional mariners.
                  (C) Recreational boaters.
                  (D) The recreational boating industry.
                  (E) State agencies responsible for vessel or 
                port safety.
                  (F) The Maritime Law Association.
          (2) Panels.--Additional persons may be appointed to 
        panels of the Council to assist the Council in 
        performance of its functions.
          (3) Nominations.--The Secretary, through the Coast 
        Guard Commandant, shall not less often than once a year 
        publish a notice in the Federal Register soliciting 
        nominations for membership on the Council.
  (b) Functions.--The Council shall advise, consult with, and 
make recommendations to the Secretary, through the Coast Guard 
Commandant, on matters relating to maritime collisions, 
rammings, groundings, Inland Rules of the Road, International 
Rules of the Road, navigation regulations and equipment, 
routing measures, marine information, diving safety, and aids 
to navigation systems. Any advice and recommendations made by 
the Council to the Secretary shall reflect the independent 
judgment of the Council on the matter concerned. The Council 
shall meet at the call of the Coast Guard Commandant, but in 
any event not less than twice during each calendar year. All 
proceedings of the Council shall be public, and a record of the 
proceedings shall be made available for public inspection.

           *       *       *       *       *       *       *

  (d) Unless extended by subsequent Act of Congress, the 
Council shall terminate on [September 30, 2010] September 30, 
2020.




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