    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-281
    111th Congress

    An Act

    To authorize appropriations for the Coast Guard for fiscal year 2011,
    and for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

    Sec. 1. Short title; table of contents.

    TITLE I--AUTHORIZATION

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

    TITLE II--COAST GUARD

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

    TITLE III--SHIPPING AND NAVIGATION

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

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    TITLE IV--ACQUISITION REFORM

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

    TITLE V--COAST GUARD MODERNIZATION

    Sec. 501. Short title.

    Subtitle A--Coast Guard Leadership

    Sec. 511. Vice admirals.

    Subtitle B--Workforce Expertise

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

    TITLE VI--MARINE SAFETY

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

    TITLE VII--OIL POLLUTION PREVENTION

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

    TITLE VIII--PORT SECURITY

    Sec. 801. America's Waterway Watch Program.
    Sec. 802. Transportation Worker Identification Credential.
    Sec. 803. Interagency operational centers for port security.
    Sec. 804. Deployable, specialized forces.
    Sec. 805. Coast Guard detection canine team program expansion.
    Sec. 806. Coast Guard port assistance Program.
    Sec. 807. Maritime biometric identification.

    [[Page 2907]]

    Sec. 808. Pilot Program for fingerprinting of maritime workers.
    Sec. 809. Transportation security cards on vessels.
    Sec. 810. Maritime Security Advisory Committees.
    Sec. 811. Seamen's shoreside access.
    Sec. 812. Waterside security of especially hazardous cargo.
    Sec. 813. Review of liquefied natural gas facilities.
    Sec. 814. Use of secondary authentication for transportation security
    cards.
    Sec. 815. Assessment of transportation security card enrollment sites.
    Sec. 816. Assessment of the feasibility of efforts to mitigate the
    threat of small boat attack in major ports.
    Sec. 817. Report and recommendation for uniform security background
    checks.
    Sec. 818. Transportation security cards: access pending issuance;
    deadlines for processing; receipt.
    Sec. 819. Harmonizing security card expirations.
    Sec. 820. Clarification of rulemaking authority.
    Sec. 821. Port security training and certification.
    Sec. 822. Integration of security plans and systems with local port
    authorities, State harbor divisions, and law enforcement
    agencies.
    Sec. 823. Transportation security cards.
    Sec. 824. Pre-positioning interoperable communications equipment at
    interagency operational centers.
    Sec. 825. International port and facility inspection coordination.
    Sec. 826. Area transportation security incident mitigation plan.
    Sec. 827. Risk based resource allocation.
    Sec. 828. Port security zones.

    TITLE IX--MISCELLANEOUS PROVISIONS

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

    TITLE X--CLEAN HULLS

    Subtitle A--General Provisions

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

    Subtitle B--Implementation of the Convention

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

    Subtitle C--Prohibitions and Enforcement Authority

    Sec. 1031. Prohibitions.

    [[Page 2908]]

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

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

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

    TITLE I--AUTHORIZATION

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

    [[Page 2909]]

    with operation and maintenance), $13,329,000, to remain
    available until expended.
    (7) For the Coast Guard Reserve program, including personnel
    and training costs, equipment, and services, $135,675,000.
    SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

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

    TITLE II--COAST GUARD

    SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

    (a) In General.--Chapter 7 of title 14, United States Code, is
    amended by adding at the end the following:
    ``Sec. 153. Appointment of judges

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

    ``153. Appointment of judges.''.

    SEC. 202. INDUSTRIAL ACTIVITIES.

    Section 151 of title 14, United States Code, is amended--
    (1) by inserting ``(a) In General.--'' before ``All
    orders''; and
    (2) by adding at the end the following:

    ``(b) Orders and Agreements for Industrial Activities.--Under this
    section, the Coast Guard industrial activities may accept orders from
    and enter into reimbursable agreements with establishments, agencies,
    and departments of the Department of Defense and the Department of
    Homeland Security.''.
    SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.

    (a) In General.--Chapter 13 of title 14, United States Code, is
    amended by adding at the end the following:
    ``Sec. 518. Reimbursement for medical-related travel expenses for
    certain persons residing on islands in the
    continental United States

    ``In any case in which a covered beneficiary (as defined in section
    1072(5) of title 10) resides on an island that is located

    [[Page 2910]]

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

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

    SEC. 204. COMMISSIONED OFFICERS.

    (a) Active Duty Promotion List.--Section 42 of title 14, United
    States Code, is amended to read as follows:
    ``Sec. 42. Number and distribution of commissioned officers on
    active duty promotion list

    ``(a) Maximum Total Number.--The total number of Coast Guard
    commissioned officers on the active duty promotion list, excluding
    warrant officers, shall not exceed 7,200; except that the Commandant may
    temporarily increase that number by up to 2 percent for no more than 60
    days following the date of the commissioning of a Coast Guard Academy
    class.
    ``(b) Distribution Percentages by Grade.--
    ``(1) Required.--The total number of commissioned officers
    authorized by this section shall be distributed in grade in the
    following percentages: 0.375 percent for rear admiral; 0.375
    percent for rear admiral (lower half); 6.0 percent for captain;
    15.0 percent for commander; and 22.0 percent for lieutenant
    commander.
    ``(2) Discretionary.--The Secretary shall prescribe the
    percentages applicable to the grades of lieutenant, lieutenant
    (junior grade), and ensign.
    ``(3) Authority of secretary to reduce percentage.--The
    Secretary--
    ``(A) may reduce, as the needs of the Coast Guard
    require, any of the percentages set forth in paragraph
    (1); and
    ``(B) shall <> apply that
    total percentage reduction to any other lower grade or
    combination of lower grades.

    ``(c) Computations.--
    ``(1) In general.--The Secretary shall compute, at least
    once each year, the total number of commissioned officers
    authorized to serve in each grade by applying the grade
    distribution percentages established by or under this section to
    the total number of commissioned officers listed on the current
    active duty promotion list.
    ``(2) Rounding fractions.--Subject to subsection (a), in
    making the computations under paragraph (1), any fraction shall
    be rounded to the nearest whole number.
    ``(3) Treatment of officers serving outside coast guard.--
    The number of commissioned officers on the active duty promotion
    list below the rank of rear admiral (lower

    [[Page 2911]]

    half) serving with other Federal departments or agencies on a
    reimbursable basis or excluded under section 324(d) of title 49
    shall not be counted against the total number of commissioned
    officers authorized to serve in each grade.

    ``(d) Use of Numbers; Temporary Increases.--The numbers resulting
    from computations under subsection (c) shall be, for all purposes, the
    authorized number in each grade; except that the authorized number for a
    grade is temporarily increased during the period between one computation
    and the next by the number of officers originally appointed in that
    grade during that period and the number of officers of that grade for
    whom vacancies exist in the next higher grade but whose promotion has
    been delayed for any reason.
    ``(e) Officers Serving Coast Guard Academy and Reserve.--The number
    of officers authorized to be serving on active duty in each grade of the
    permanent commissioned teaching staff of the Coast Guard Academy and of
    the Reserve serving in connection with organizing, administering,
    recruiting, instructing, or training the reserve components shall be
    prescribed by the Secretary.''.
    (b) Clerical <> Amendment.--The analysis for
    chapter 3 of such title is amended by striking the item relating to
    section 42 and inserting the following:

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

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

    (a) In General.--Section 1502 of the Armed Forces Retirement Home
    Act of 1991 (24 U.S.C. 401) is amended--
    (1) by striking paragraph (4);
    (2) in paragraph (5)--
    (A) by striking ``and'' at the end of subparagraph
    (C);
    (B) by striking the period at the end of
    subparagraph (D) and inserting ``; and''; and
    (C) by inserting at the end the following:
    ``(E) the Assistant Commandant of the Coast Guard
    for Human Resources.''; and
    (3) by adding at the end of paragraph (6) the following:
    ``(E) The Master Chief Petty Officer of the Coast
    Guard.''.

    (b) Conforming Amendments.--(1) Section 2772 of title 10, United
    States Code, is amended--
    (A) in subsection (a) by inserting ``or, in the case of the
    Coast Guard, the Commandant'' after ``concerned''; and
    (B) by striking subsection (c).

    (2) Section 1007(i) of title 37, United States Code, is amended--
    (A) in paragraph (3) by inserting ``or, in the case of the
    Coast Guard, the Commandant'' after ``Secretary of Defense'';
    (B) by striking paragraph (4); and
    (C) by redesignating paragraph (5) as paragraph (4).
    SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

    Section 149 of title 14, United States Code, is amended by adding at
    the end the following:
    ``(c) Grants to International Maritime Organizations.--After
    consultation with the Secretary of State, the Commandant may make grants
    to, or enter into cooperative agreements, contracts,

    [[Page 2912]]

    or other agreements with, international maritime organizations for the
    purpose of acquiring information or data about merchant vessel
    inspections, security, safety, environmental protection, classification,
    and port state or flag state law enforcement or oversight.''.
    SEC. 207. LEAVE RETENTION AUTHORITY.

    (a) In General.--Chapter 11 of title 14, United States Code, is
    amended by inserting after section 425 the following:
    ``Sec. 426. Emergency leave retention authority

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

    (b) Clerical <> Amendment.--The analysis for such
    chapter is amended by inserting after the item relating to section 425
    the following:

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

    (c) Application.--The <> amendments made by this section shall be deemed to have been
    enacted on April 19, 2010.
    SEC. 208. ENFORCEMENT AUTHORITY.

    (a) In General.--Chapter 5 of title 14, United States Code, is
    amended by adding at the end the following:
    ``Sec. 99. Enforcement authority

    ``Subject to guidelines approved by the Secretary, members of the
    Coast Guard, in the performance of official duties, may--
    ``(1) carry a firearm; and
    ``(2) while at a facility (as defined in section 70101 of
    title 46)--
    ``(A) make an arrest without warrant for any offense
    against the United States committed in their presence;
    and
    ``(B) seize property as otherwise provided by
    law.''.

    (b) Conforming Repeal.--Section 70117 of title 46, United States
    Code, and the item relating to such section in the analysis at the
    beginning of chapter 701 of such title, are repealed.
    (c) Clerical <> Amendment.--The analysis for such
    chapter is amended by adding at the end the following:

    ``99. Enforcement authority.''.

    SEC. 209. <> REPEAL.

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

    [[Page 2913]]

    SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.

    (a) In General.--Chapter 71 of title 46, United States Code, is
    amended by adding at the end the following new section:
    ``Sec. 7115. Merchant Mariner Medical Advisory Committee

    ``(a) Establishment.--
    ``(1) In general.--There is established a Merchant Mariner
    Medical Advisory Committee (in this section referred to as the
    `Committee').
    ``(2) Functions.--The Committee shall advise the Secretary
    on matters relating to--
    ``(A) medical certification determinations for
    issuance of licences, certificates of registry, and
    merchant mariners' documents;
    ``(B) medical standards and guidelines for the
    physical qualifications of operators of commercial
    vessels;
    ``(C) medical examiner education; and
    ``(D) medical research.

    ``(b) Membership.--
    ``(1) In general.--The Committee shall consist of 14
    members, none of whom is a Federal employee, and shall include--
    ``(A) ten who are health-care professionals with
    particular expertise, knowledge, or experience regarding
    the medical examinations of merchant mariners or
    occupational medicine; and
    ``(B) four who are professional mariners with
    knowledge and experience in mariner occupational
    requirements.
    ``(2) Status of members.--Members of the Committee shall not
    be considered Federal employees or otherwise in the service or
    the employment of the Federal Government, except that members
    shall be considered special Government employees, as defined in
    section 202(a) of title 18, United States Code, and shall be
    subject to any administrative standards of conduct applicable to
    the employees of the department in which the Coast Guard is
    operating.

    ``(c) Appointments; Terms; Vacancies.--
    ``(1) Appointments.--The Secretary shall appoint the members
    of the Committee, and each member shall serve at the pleasure of
    the Secretary.
    ``(2) Terms.--Each member shall be appointed for a term of
    five years, except that, of the members first appointed, three
    members shall be appointed for a term of two years.
    ``(3) Vacancies.--Any member appointed to fill the vacancy
    prior to the expiration of the term for which that member's
    predecessor was appointed shall be appointed for the remainder
    of that term.

    ``(d) Chairman and Vice Chairman.--The Secretary shall designate one
    member of the Committee as the Chairman and one member as the Vice
    Chairman. The Vice Chairman shall act as Chairman in the absence or
    incapacity of, or in the event of a vacancy in the office of, the
    Chairman.
    ``(e) Compensation; Reimbursement.--Members of the Committee shall
    serve without compensation, except that, while engaged in the
    performance of duties away from their homes or regular places of
    business of the member, the member of the Committee may be allowed
    travel expenses, including per diem in lieu of subsistence, as
    authorized by section 5703 of title 5.

    [[Page 2914]]

    ``(f) Staff; Services.--The Secretary shall furnish to the Committee
    the personnel and services as are considered necessary for the conduct
    of its business.''.
    (b) First <> Meeting.--No later
    than six months after the date of enactment of this Act, the Merchant
    Mariner Medical Advisory Committee established by the amendment made by
    this section shall hold its first meeting.

    (c) Clerical <> Amendment.--The analysis for
    chapter 71 of that title is amended by adding at the end the following:

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

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

    Section 214(a) of title 14, United States Code, is amended to read
    as follows:
    ``(a) The president may appoint temporary commissioned officers--
    ``(1) in the Regular Coast Guard in a grade, not above
    lieutenant, appropriate to their qualifications, experience, and
    length of service, as the needs of the Coast Guard may require,
    from among the commissioned warrant officers, warrant officers,
    and enlisted members of the Coast Guard, and from holders of
    licenses issued under chapter 71 of title 46; and
    ``(2) in the Coast Guard Reserve in a grade, not above
    lieutenant, appropriate to their qualifications, experience, and
    length of service, as the needs of the Coast Guard may require,
    from among the commissioned warrant officers of the Coast Guard
    Reserve.''.
    SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

    Chapter 11 of title 14, United States Code, is amended--
    (1) in section 253(a)--
    (A) by inserting ``and'' after ``considered,''; and
    (B) by striking ``, and the number of officers the
    board may recommend for promotion'';
    (2) in section 258--
    (A) by inserting ``(a) In General.--'' before ``The
    Secretary shall'' ;
    (B) in subsection (a) (as so designated) by striking
    the colon at the end of the material preceding paragraph
    (1) and inserting ``--''; and
    (C) by adding at the end the following:

    ``(b) Provision of Direction and Guidance.--
    ``(1) In addition to the information provided pursuant to
    subsection (a), the Secretary may furnish the selection board--
    ``(A) specific direction relating to the needs of
    the Coast Guard for officers having particular skills,
    including direction relating to the need for a minimum
    number of officers with particular skills within a
    specialty; and
    ``(B) any other guidance that the Secretary believes
    may be necessary to enable the board to properly perform
    its functions.
    ``(2) Selections made based on the direction and guidance
    provided under this subsection shall not exceed the maximum
    percentage of officers who may be selected from below the
    announced promotion zone at any given selection board convened
    under section 251 of this title.'';

    [[Page 2915]]

    (3) in section 259(a), by inserting after ``whom the board''
    the following: ``, giving due consideration to the needs of the
    Coast Guard for officers with particular skills so noted in
    specific direction furnished to the board by the Secretary under
    section 258 of this title,''; and
    (4) in section 260(b), by inserting after ``qualified for
    promotion'' the following: ``to meet the needs of the service
    (as noted in specific direction furnished the board by the
    Secretary under section 258 of this title)''.
    SEC. 213. COAST GUARD VESSELS AND AIRCRAFT.

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

    (b) Authority To Display Coast Guard Ensigns and Pennants.--Section
    638(a) of title 14, United States Code, is amended by striking ``Coast
    Guard vessels and aircraft'' and inserting ``Vessels and aircraft
    authorized by the Secretary''.
    SEC. 214. COAST GUARD DISTRICT OMBUDSMEN.

    (a) In General.--Chapter 3 of title 14, United States Code, is
    amended by adding at the end the following new section:
    ``Sec. 55. District Ombudsmen

    ``(a) In <> General.--The Commandant shall
    appoint in each Coast Guard District a District Ombudsman to serve as a
    liaison between ports, terminal operators, shipowners, and labor
    representatives and the Coast Guard.

    ``(b) Purpose.--The purpose of the District Ombudsman shall be the
    following:
    ``(1) To support the operations of the Coast Guard in each
    port in the District for which the District Ombudsman is
    appointed.
    ``(2) To improve communications between and among port
    stakeholders including, port and terminal operators, ship
    owners, labor representatives, and the Coast Guard.
    ``(3) To seek to resolve disputes between the Coast Guard
    and all petitioners regarding requirements imposed or services
    provided by the Coast Guard.

    ``(c) Functions.--
    ``(1) Complaints.--The District Ombudsman may examine
    complaints brought to the attention of the District Ombudsman by
    a petitioner operating in a port or by Coast Guard personnel.
    ``(2) Guidelines for disputes.--
    ``(A) In general.--The District Ombudsman shall
    develop guidelines regarding the types of disputes with

    [[Page 2916]]

    respect to which the District Ombudsman will provide
    assistance.
    ``(B) Limitation.--The District Ombudsman shall not
    provide assistance with respect to a dispute unless it
    involves the impact of Coast Guard requirements on port
    business and the flow of commerce.
    ``(C) Priority.--In providing such assistance, the
    District Ombudsman shall give priority to complaints
    brought by petitioners who believe they will suffer a
    significant hardship as the result of implementing a
    Coast Guard requirement or being denied a Coast Guard
    service.
    ``(3) Consultation.--The District Ombudsman may consult with
    any Coast Guard personnel who can aid in the investigation of a
    complaint.
    ``(4) Access to information.--The District Ombudsman shall
    have access to any Coast Guard document, including any record or
    report, that will aid the District Ombudsman in obtaining the
    information needed to conduct an investigation of a complaint.
    ``(5) Reports.--At the conclusion of an investigation, the
    District Ombudsman shall submit a report on the findings and
    recommendations of the District Ombudsman, to the Commander of
    the District in which the petitioner who brought the complaint
    is located or operating.
    ``(6) Deadline.--The District Ombudsman shall seek to
    resolve each complaint brought in accordance with the
    guidelines--
    ``(A) in a timely fashion; and
    ``(B) not later than 4 months after the complaint is
    officially accepted by the District Ombudsman.

    ``(d) Appointment.--The Commandant shall appoint as the District
    Ombudsman an individual who has experience in port and transportation
    systems and knowledge of port operations or of maritime commerce (or
    both).
    ``(e) Annual Reports.--The Secretary shall report annually to the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate on the matters brought before the District
    Ombudsmen, including--
    ``(1) the number of matters brought before each District
    Ombudsman;
    ``(2) a brief summary of each such matter; and
    ``(3) the eventual resolution of each such matter.''.

    (b) Clerical <> Amendment.--The analysis at the
    beginning of that chapter is amended by adding at the end the following
    new item:

    ``55. District Ombudsmen.''.

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

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

    ``(a) Regular Commissioned Officers.--Any regular commissioned
    officer, except a commissioned warrant officer, serving in a grade below
    rear admiral (lower half) shall be retired on the

    [[Page 2917]]

    first day of the month following the month in which the officer becomes
    62 years of age.
    ``(b) Flag-Officer Grades.--(1) Except as provided in paragraph (2),
    any regular commissioned officer serving in a grade of rear admiral
    (lower half) or above shall be retired on the first day of the month
    following the month in which the officer becomes 64 years of age.
    ``(2) The retirement of an officer under paragraph (1) may be
    deferred--
    ``(A) by the President, but such a deferment may not extend
    beyond the first day of the month following the month in which
    the officer becomes 68 years of age; or
    ``(B) by the Secretary of the department in which the Coast
    Guard is operating, but such a deferment may not extend beyond
    the first day of the month following the month in which the
    officer becomes 66 years of age.''.

    (b) Clerical <> Amendment.--The analysis at the
    beginning of such chapter is amended by striking the item relating to
    such section and inserting the following:

    ``293. Compulsory retirement.''.

    SEC. 216. ENFORCEMENT OF COASTWISE TRADE LAWS.

    (a) In General.--Chapter 5 of title 14, United States Code, is
    further amended by adding at the end the following:
    ``Sec. 100. Enforcement of coastwise trade laws

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

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

    (c) Report.--The Secretary of the department in which the Coast
    Guard is operating shall submit a report to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Senate Committee on Commerce, Science, and Transportation within 1
    year after the date of enactment of this Act on the enforcement
    strategies and enforcement actions taken to enforce the coastwise trade
    laws.
    SEC. 217. REPORT <> ON SEXUAL ASSAULTS IN
    THE COAST GUARD.

    (a) In General.--Not later than January 15 of each year, the
    Commandant of the Coast Guard shall submit a report on the sexual
    assaults involving members of the Coast Guard to the Committee on
    Transportation and Infrastructure and the Committee on Homeland Security
    of the House of Representatives and the Committee on Commerce, Science,
    and Transportation of the Senate.
    (b) Contents.--The report required under subsection (a) shall
    contain the following:
    (1) The number of sexual assaults against members of the
    Coast Guard, and the number of sexual assaults by members of the
    Coast Guard, that were reported to military officials during the
    year covered by such report, and the number of the cases so
    reported that were substantiated.

    [[Page 2918]]

    (2) A synopsis of, and the disciplinary action taken in,
    each substantiated case.
    (3) The policies, procedures, and processes implemented by
    the Secretary concerned during the year covered by such report
    in response to incidents of sexual assault involving members of
    the Coast Guard concerned.
    (4) A plan for the actions that are to be taken in the year
    following the year covered by such report on the prevention of
    and response to sexual assault involving members of the Coast
    Guard concerned.
    SEC. 218. HOME PORT OF COAST GUARD VESSELS IN GUAM.

    Section 96 of title 14, United States Code, is amended--
    (1) by striking ``a State of the United States'' and
    inserting ``the United States or Guam''; and
    (2) by inserting ``or Guam'' after ``outside the United
    States''.
    SEC. 219. <> SUPPLEMENTAL
    POSITIONING SYSTEM.

    Not later than 180 days after date of enactment of this Act, the
    Secretary of the department in which the Coast Guard is operating in
    consultation with the Commandant of the Coast Guard shall conclude their
    study of whether a single, domestic system is needed as a back-up
    navigation system to the Global Positioning System and notify the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate the results of such determination.
    SEC. 220. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME
    AUTHORITIES.

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

    [[Page 2919]]

    SEC. 221. COAST GUARD HOUSING.

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

    ``(a) Conveyance Authorized.--Notwithstanding any other provision of
    law, the Secretary may convey, at fair market value, real property,
    owned or under the administrative control of the Coast Guard, for the
    purpose of expending the proceeds from such conveyance to acquire and
    construct military family housing and military unaccompanied housing.
    ``(b) Terms and Conditions.--
    ``(1) The conveyance of real property under this section
    shall be by sale, for cash. The Secretary shall deposit the
    proceeds from the sale in the Coast Guard Housing Fund
    established under section 687 of this title, for the purpose of
    expending such proceeds to acquire and construct military family
    housing and military unaccompanied housing.
    ``(2) The conveyance of real property under this section
    shall not diminish the mission capacity of the Coast Guard, but
    further the mission support capability of the Coast Guard with
    regard to military family housing or military unaccompanied
    housing.

    ``(c) Relationship to Environmental Law.--This section does not
    affect or limit the application of or obligation to comply with any
    environmental law, including section 120(h) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9620(h)).'';
    (5) by repealing section 686;
    (6) in section 687--
    (A) in subsection (b)--

    [[Page 2920]]

    (i) in paragraph (2), by striking ``or
    unaccompanied'' and inserting ``or military
    unaccompanied'';
    (ii) in paragraph (3)--
    (I) by striking ``or lease'';
    (II) by striking ``or facilities'';
    and
    (III) by striking ``military family
    and'' and inserting ``military family
    housing and''; and
    (iii) by repealing paragraph (4);
    (B) subsection (c), by amending paragraph (1) to
    read as follows:(1) In such amounts as provided in
    appropriations Acts, and except as provided in
    subsection (d), the Secretary may use amounts in the
    Coast Guard Housing Fund to carry out activities under
    this chapter with respect to military family housing and
    military unaccompanied housing, including--
    ``(A) the planning, execution, and administration of
    the conveyance of real property;
    ``(B) all necessary expenses, including expenses for
    environmental compliance and restoration, to prepare
    real property for conveyance; and
    ``(C) the conveyance of real property.'';
    (C) in subsection (e), by striking ``or (b)(3)'';
    and
    (D) by repealing subsections (f) and (g);
    (7) by <> repealing 687a;
    (8) by amending section 688 to read as follows:
    ``Sec. 688. Reports

    ``The Secretary shall prepare and submit to Congress, concurrent
    with the budget submitted pursuant to section 1105 of title 31, a report
    identifying the contracts or agreements for the conveyance of properties
    pursuant to this chapter executed during the prior calendar year.''; and
    (9) by repealing section 689.

    (b) Savings <> Clause.--This section shall
    not affect any action commenced prior to the date of enactment of this
    Act.

    (c) Clerical <> Amendment.--The chapter analysis
    at the beginning of such chapter is amended--
    (1) by striking the items relating to sections 682, 683,
    684, 686, 687a, and 689; and
    (2) by amending the item relating to section 685 to read as
    follows:

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

    SEC. 222. CHILD DEVELOPMENT SERVICES.

    Section 515 of title 14, United States Code, is amended--
    (1) by striking subsection (b) and inserting the following:

    ``(b)(1) The Commandant is authorized to use appropriated funds
    available to the Coast Guard to provide child development services.
    ``(2)(A) The <> Commandant is authorized
    to establish, by regulations, fees to be charged parents for the
    attendance of children at Coast Guard child development centers.

    ``(B) Fees to be charged, pursuant to subparagraph (A), shall be
    based on family income, except that the Commandant may, on a case-by-
    base basis, establish fees at lower rates if such rates would not be
    competitive with rates at local child development centers.

    [[Page 2921]]

    ``(C) The Commandant is authorized to collect and expend fees,
    established pursuant to this subparagraph, and such fees shall, without
    further appropriation, remain available until expended for the purpose
    of providing services, including the compensation of employees and the
    purchase of consumable and disposable items, at Coast Guard child
    development centers.
    ``(3) The Commandant is authorized to use appropriated funds
    available to the Coast Guard to provide assistance to family home
    daycare providers so that family home daycare services can be provided
    to uniformed service members and civilian employees of the Coast Guard
    at a cost comparable to the cost of services provided by Coast Guard
    child development centers.'';
    (2) by repealing subsections (d) and (e); and
    (3) by redesignating subsections (f) and (g) as subsections
    (d) and (e), respectively.
    SEC. 223. CHAPLAIN ACTIVITY EXPENSE.

    Section 145 of title 14, United States Code, is amended--
    (1) in subsection (a)--
    (A) in paragraph (2), by striking ``and'' at the
    end;
    (B) in paragraph (3), by striking the period at the
    end and inserting ``; and''; and
    (C) by adding at the end the following new
    paragraph:
    ``(4) detail personnel from the Chaplain Corps to provide
    services, pursuant to section 1789 of title 10, to the Coast
    Guard.''; and
    (2) by adding at the end the following new subsection:

    ``(d)(1) As part of the services provided by the Secretary of the
    Navy pursuant to subsection (a)(4), the Secretary may provide support
    services to chaplain-led programs to assist members of the Coast Guard
    on active duty and their dependents, and members of the reserve
    component in an active status and their dependents, in building and
    maintaining a strong family structure.
    ``(2) In this subsection, the term `support services' include
    transportation, food, lodging, child care, supplies, fees, and training
    materials for members of the Coast Guard on active duty and their
    dependents, and members of the reserve component in an active status and
    their dependents, while participating in programs referred to in
    paragraph (1), including participation at retreats and conferences.
    ``(3) In this subsection, the term `dependents' has the same meaning
    as defined in section 1072(2) of title 10.''.
    SEC. 224. COAST GUARD CROSS; SILVER STAR MEDAL.

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

    ``The President may award a Coast Guard cross of appropriate design,
    with ribbons and appurtenances, to a person who, while serving in any
    capacity with the Coast Guard, when the Coast Guard is not operating
    under the Department of the Navy, distinguishes himself or herself by
    extraordinary heroism not justifying the award of a medal of honor--
    ``(1) while engaged in an action against an enemy of the
    United States;

    [[Page 2922]]

    ``(2) while engaged in military operations involving
    conflict with an opposing foreign force or international
    terrorist organization; or
    ``(3) while serving with friendly foreign forces engaged in
    an armed conflict against an opposing armed force in which the
    United States is not a belligerent party.''.

    (b) Silver Star Medal.--Such chapter is further amended--
    (1) by striking the designation and heading of section 492a
    and inserting the following:
    ``Sec. 492b. Distinguished flying cross'';
    and
    (2) by inserting after section 492 the following new
    section:
    ``Sec. 492a. Silver star medal

    ``The President may award a silver star medal of appropriate design,
    with ribbons and appurtenances, to a person who, while serving in any
    capacity with the Coast Guard, when the Coast Guard is not operating
    under the Department of the Navy, is cited for gallantry in action that
    does not warrant a medal of honor or Coast Guard cross--
    ``(1) while engaged in an action against an enemy of the
    United States;
    ``(2) while engaged in military operations involving
    conflict with an opposing foreign force or international
    terrorist organization; or
    ``(3) while serving with friendly foreign forces engaged in
    an armed conflict against an opposing armed force in which the
    United States is not a belligerent party.''.

    (c) Conforming Amendments.--Such chapter is further amended--
    (1) in section 494, by striking ``distinguished service
    medal, distinguished flying cross,'' and inserting ``Coast Guard
    cross, distinguished service medal, silver star medal,
    distinguished flying cross,'' in both places it appears;
    (2) in section 496--
    (A) in the matter preceding paragraph (1) of
    subsection (a), by striking ``distinguished service
    medal, distinguished flying cross,'' and inserting
    ``Coast Guard cross, distinguished service medal, silver
    star medal, distinguished flying cross,''; and
    (B) in subsection (b)(2), by striking
    ``distinguished service medal, distinguished flying
    cross,'' and inserting ``Coast Guard cross,
    distinguished service medal, silver star medal,
    distinguished flying cross,''; and
    (3) in section 497, by striking ``distinguished service
    medal, distinguished flying cross,'' and inserting ``Coast Guard
    cross, distinguished service medal, silver star medal,
    distinguished flying cross,''.

    (d) Clerical <> Amendments.--The analysis at the
    beginning of such chapter is amended--
    (1) by inserting after the item relating to section 491 the
    following new item:

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

    [[Page 2923]]

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

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

    TITLE III--SHIPPING AND NAVIGATION

    SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.

    Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33
    U.S.C. 471) is amended--
    (1) by striking ``That the'' and inserting the following:

    ``(a) In General.--The''.
    (2) in subsection (a) (as designated by paragraph (1)) by
    striking ``$100; and the'' and inserting ``up to $10,000. Each
    day during which a violation continues shall constitute a
    separate violation. The''; and
    (3) by adding at the end the following:

    ``(b) Definition.--As used in this section `navigable waters of the
    United States' includes all waters of the territorial sea of the United
    States as described in Presidential Proclamation No. 5928 of December
    27, 1988.''.
    SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE
    POSSESSION.

    Section 70506 of title 46, United States Code, is amended by adding
    at the end the following:
    ``(c) Simple Possession.--
    ``(1) In <> general.--Any individual on a
    vessel subject to the jurisdiction of the United States who is
    found by the Secretary, after notice and an opportunity for a
    hearing, to have knowingly or intentionally possessed a
    controlled substance within the meaning of the Controlled
    Substances Act (21 U.S.C. 812) shall be liable to the United
    States for a civil penalty of not to exceed 5,000
    for <> each violation. The Secretary shall
    notify the individual in writing of the amount of the civil
    penalty.
    ``(2) Determination of amount.--In determining the amount of
    the penalty, the Secretary shall consider the nature,
    circumstances, extent, and gravity of the prohibited acts
    committed and, with respect to the violator, the degree of
    culpability, any history of prior offenses, ability to pay, and
    other matters that justice requires.
    ``(3) Treatment of civil penalty assessment.--Assessment of
    a civil penalty under this subsection shall not be considered a
    conviction for purposes of State or Federal law but may be
    considered proof of possession if such a determination is
    relevant.''.
    SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

    (a) Definitions.--Section 14101(4) of title 46, United States Code,
    is amended--
    (1) by striking ``engaged'' the first place it appears and
    inserting ``that engages'';

    [[Page 2924]]

    (2) in subparagraph (A), by striking ``arriving'' and
    inserting ``that arrives'';
    (3) in subparagraph (B)--
    (A) by striking ``making'' and inserting ``that
    makes''; and
    (B) by striking ``(except a foreign vessel engaged
    on that voyage)'';
    (4) in subparagraph (C), by striking ``departing'' and
    inserting ``that departs''; and
    (5) in subparagraph (D), by striking ``making'' and
    inserting ``that makes''.

    (b) Delegation of Authority.--Section 14103(c) of that title is
    amended by striking ``intended to be engaged on'' and inserting ``that
    engages on''.
    (c) Application.--Section 14301 of that title is amended--
    (1) by amending subsection (a) to read as follows:

    ``(a) Except as otherwise provided in this section, this chapter
    applies to any vessel for which the application of an international
    agreement or other law of the United States to the vessel depends on the
    vessel's tonnage.'';
    (2) in subsection (b)--
    (A) in paragraph (1), by striking the period at the
    end and inserting ``, unless the government of the
    country to which the vessel belongs elects to measure
    the vessel under this chapter.'';
    (B) in paragraph (3), by inserting ``of United
    States or Canadian registry or nationality, or a vessel
    operated under the authority of the United States or
    Canada, and that is'' after ``vessel'';
    (C) in paragraph (4), by striking ``a vessel (except
    a vessel engaged'' and inserting ``a vessel of United
    States registry or nationality, or one operated under
    the authority of the United States (except a vessel that
    engages'';
    (D) by striking paragraph (5);
    (E) by redesignating paragraph (6) as paragraph (5);
    and
    (F) by amending paragraph (5), as so redesignated,
    to read as follows:
    ``(5) a barge of United States registry or nationality, or a
    barge operated under the authority of the United States (except
    a barge that engages on a foreign voyage) unless the owner
    requests.'';
    (3) by striking subsection (c);
    (4) by redesignating subsections (d) and (e) as subsections
    (c) and (d), respectively; and
    (5) in subsection (c), as redesignated, by striking ``After
    July 18, 1994, an existing vessel (except an existing vessel
    referred to in subsection (b)(5)(A) or (B) of this section)''
    and inserting ``An existing vessel that has not undergone a
    change that the Secretary finds substantially affects the
    vessel's gross tonnage (or a vessel to which IMO Resolutions
    A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17,
    1983, or A.541 (XIII) of November 17, 1983, apply)''.

    (d) Measurement.--Section 14302(b) of that title is amended to read
    as follows:
    ``(b) A vessel measured under this chapter may not be required to be
    measured under another law.''.

    [[Page 2925]]

    (e) Tonnage Certificate.--
    (1) Issuance.--Section 14303 of title 46, United States
    Code, is amended--
    (A) in subsection (a), by adding at the end the
    following: ``For a vessel to which the Convention does
    not apply, the Secretary shall prescribe a certificate
    to be issued as evidence of a vessel's measurement under
    this chapter.'';
    (B) in subsection (b), by inserting ``issued under
    this section'' after ``certificate''; and
    (C) in the section heading by striking
    ``International'' and ``(1969)''.
    (2) Maintenance.--Section 14503 of that title is amended--
    (A) by designating the existing text as subsection
    (a); and
    (B) by adding at the end the following new
    subsection:

    ``(b) The certificate shall be maintained as required by the
    Secretary.''.
    (3) Clerical amendment.--The analysis at the beginning of
    chapter 143 of that title is amended by striking the item
    relating to section 14303 and inserting the following:

    ``14303. Tonnage Certificate.''.

    (f) Optional Regulatory Measurement.--Section 14305(a) of that title
    is amended by striking ``documented vessel measured under this
    chapter,'' and inserting ``vessel measured under this chapter that is of
    United States registry or nationality, or a vessel operated under the
    authority of the United States,''.
    (g) Application.--Section 14501 of that title is amended--
    (1) by amending paragraph (1) to read as follows:
    ``(1) A vessel not measured under chapter 143 of this title
    if the application of an international agreement or other law of
    the United States to the vessel depends on the vessel's
    tonnage.''; and
    (2) in paragraph (2), by striking ``a vessel'' and inserting
    ``A vessel''.

    (h) Dual Tonnage Measurement.--Section 14513(c) of that title is
    amended--
    (1) in paragraph (1)--
    (A) by striking ``vessel's tonnage mark is below the
    uppermost part of the load line marks,'' and inserting
    ``vessel is assigned two sets of gross and net tonnages
    under this section,''; and
    (B) by inserting ``vessel's tonnage'' before
    ``mark'' the second place such term appears; and
    (2) in paragraph (2), by striking the period at the end and
    inserting ``as assigned under this section.''.

    (i) Reciprocity for Foreign Vessels.--Subchapter II of chapter 145
    of that title is amended by adding at the end the following:
    ``Sec. 14514. Reciprocity for foreign vessels

    ``For a foreign vessel not measured under chapter 143, if the
    Secretary finds that the laws and regulations of a foreign country
    related to measurement of vessels are substantially similar to those of
    this chapter and the regulations prescribed under this chapter, the
    Secretary may accept the measurement and certificate of a

    [[Page 2926]]

    vessel of that foreign country as complying with this chapter and the
    regulations prescribed under this chapter.''.
    (j) Clerical <> Amendment.--The analysis for
    subchapter II of chapter 145 of such title is amended by adding at the
    end the following:

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

    SEC. 304. <> MERCHANT MARINER DOCUMENT STANDARDS.

    Not later than 270 days after the date of enactment of this Act, the
    Secretary of the department in which the Coast Guard is operating shall
    submit to the Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate--
    (1) a <> plan, including estimated costs, to
    ensure that the process for an application, by an individual who
    has, or has applied for, a transportation security card under
    section 70105 of title 46, United States Code, for a merchant
    mariner document can be completed entirely by mail; and
    (2) a <> report on the feasibility of, and a
    timeline to, redesign the merchant mariner document to comply
    with the requirements of such section, including a biometric
    identifier, and all relevant international conventions,
    including the International Labour Organization Convention
    Number 185 concerning the seafarers identity document, and
    include a review on whether or not such redesign will eliminate
    the need for separate identity credentials and background
    screening and streamline the application process for mariners.
    SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION
    PROJECT.

    (a) Study.--The Commandant of the Coast Guard, in conjunction with
    the Administrator of the Environmental Protection Agency, shall conduct
    a study--
    (1) that surveys new technology and new applications of
    existing technology for reducing air emissions from cargo or
    passenger vessels that operate in United States waters and
    ports; and
    (2) that identifies the impediments, including any laws or
    regulations, to demonstrating the technology identified in
    paragraph (1).

    (b) Report.--Within 180 days after the date of enactment of this
    Act, the Commandant shall submit a report on the results of the study
    conducted under subsection (a) to the Committee on Transportation and
    Infrastructure and the Committee on Energy and Commerce of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation and the Committee on Environment and Public Works of the
    Senate.
    SEC. 306. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

    (a) In <> General.--Notwithstanding section 12111(d) of title 46,
    United States Code, foreign-flag vessels may be chartered by, or on
    behalf of, a lessee to be employed for the setting, relocation, or
    recovery of anchors or other mooring equipment of a mobile offshore
    drilling unit that is located over the Outer Continental Shelf (as
    defined in section 2(a) of the Outer Continental Shelf

    [[Page 2927]]

    Lands Act (43 U.S.C. 1331(a)) for operations in support of exploration,
    or flow-testing and stimulation of wells, for offshore mineral or energy
    resources in the Beaufort Sea or the Chukchi Sea adjacent to Alaska--
    (1) for <> a 1-year period from the date the
    lessee gives the Secretary of Transportation written notice of
    the commencement of such exploration drilling if the Secretary
    determines, after publishing notice in the Federal Register,
    that insufficient vessels documented under section 12111(d) of
    title 46, United States Code, are reasonably available and
    suitable for these support operations and all such reasonably
    available and suitable vessels are employed in support of such
    operations; and
    (2) for an additional period until such vessels are
    available if the Secretary of Transportation determines--
    (A) that, <> by April 30
    of the year following the commencement of exploration
    drilling, the lessee has entered into a binding
    agreement to employ a suitable vessel or vessels to be
    documented under section 12111(d) of title 46, United
    States Code, in sufficient numbers and with sufficient
    suitability to replace any foreign-flag vessel or
    vessels operating under this section; and
    (B) after <> publishing notice in the
    Federal Register, that insufficient vessels documented
    under section 12111(d) of title 46, United States Code,
    are reasonably available and suitable for these support
    operations and all such reasonably available and
    suitable vessels are employed in support of such
    operations.

    (b) Expiration.--Irrespective of the year in which the commitment
    referred to in subsection (a)(2)(A) occurs, foreign-flag anchor handling
    vessels may not be employed for the setting, relocation, or recovery of
    anchors or other mooring equipment of a mobile offshore drilling unit
    after December 31, 2017.
    (c) Lessee Defined.--In this section, the term ``lessee'' means the
    holder of a lease (as defined in section 1331(c) of title 43, United
    States Code), who, prior to giving the written notice in subsection
    (a)(1), has entered into a binding agreement to employ a suitable vessel
    documented or to be documented under 12111(d) of title 46, United States
    Code.
    (d) Savings Provision.--Nothing in subsection (a) may be construed
    to authorize the employment in the coastwise trade of a vessel that does
    not meet the requirements of 12111 of title 46, United States Code.
    SEC. 307. <> ARCTIC MARINE SHIPPING
    ASSESSMENT IMPLEMENTATION.

    (a) Purpose.--The purpose of this section is to ensure safe and
    secure maritime shipping in the Arctic including the availability of
    aids to navigation, vessel escorts, spill response capability, and
    maritime search and rescue in the Arctic.
    (b) International Maritime Organization Agreements.--To carry out
    the purpose of this section, the Secretary of the department in which
    the Coast Guard is operating is encouraged to enter into negotiations
    through the International Maritime Organization to conclude and execute
    agreements to promote coordinated action among the United States,
    Russia, Canada, Iceland, Norway, and Denmark and other seafaring and
    Arctic nations to ensure, in the Arctic--
    (1) placement and maintenance of aids to navigation;

    [[Page 2928]]

    (2) appropriate marine safety, tug, and salvage
    capabilities;
    (3) oil spill prevention and response capability;
    (4) maritime domain awareness, including long-range vessel
    tracking; and
    (5) search and rescue.

    (c) Coordination by Committee on the Maritime Transportation
    System.--The Committee on the Maritime Transportation System established
    under a directive of the President in the Ocean Action Plan, issued
    December 17, 2004, shall coordinate the establishment of domestic
    transportation policies in the Arctic necessary to carry out the purpose
    of this section.
    (d) Agreements and Contracts.--The Secretary of the department in
    which the Coast Guard is operating may, subject to the availability of
    appropriations, enter into cooperative agreements, contracts, or other
    agreements with, or make grants to individuals and governments to carry
    out the purpose of this section or any agreements established under
    subsection (b).
    (e) Icebreaking.--The Secretary of the department in which the Coast
    Guard is operating shall promote safe maritime navigation by means of
    icebreaking where necessary, feasible, and effective to carry out the
    purposes of this section.
    (f) Independent Ice Breaker Analyses.--
    (1) In <> general.--Not later than 90 days
    after the date of enactment of this Act, the Secretary of the
    department in which the Coast Guard is operating shall require a
    nongovernmental, independent third party (other than the
    National Academy of Sciences) that has extensive experience in
    the analysis of military procurements, to--
    (A) conduct a comparative cost-benefit analysis,
    taking into account future Coast Guard budget
    projections (which assume Coast Guard budget growth of
    no more than inflation) and other recapitalization
    needs, of--
    (i) rebuilding, renovating, or improving the
    existing fleet of polar icebreakers for operation
    by the Coast Guard;
    (ii) constructing new polar icebreakers for
    operation by the Coast Guard;
    (iii) construction of new polar icebreakers by
    the National Science Foundation for operation by
    the Foundation;
    (iv) rebuilding, renovating, or improving the
    existing fleet of polar icebreakers by the
    National Science Foundation for operation by the
    Foundation; and
    (v) any combination of the activities
    described in clause (i), (ii), (iii), or (iv) to
    carry out the missions of the Coast Guard and the
    National Science Foundation; and
    (B) conduct a comprehensive analysis of the impact
    on all Coast Guard activities, including operations,
    maintenance, procurements, and end strength, of the
    acquisition of polar icebreakers described in
    subparagraph (A) by the Coast Guard or the National
    Science Foundation assuming that total Coast Guard
    funding will not increase more than the annual rate of
    inflation.
    (2) Report.--Not later than 1 year after the date of
    enactment of this Act, the Secretary of the department in which

    [[Page 2929]]

    the Coast Guard is operating shall submit a report containing
    the results of the analyses required under paragraph (1),
    together with recommendations the Commandant considers
    appropriate under section 93(a)(24) of title 14, United States
    Code, to the Committee on Commerce, Science, and Transportation
    of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives.

    (g) High-Latitude <> Study.--Not later than 90 days
    after the date of enactment of this Act or the date of completion of the
    ongoing High-Latitude Study to assess polar icebreaking mission
    requirements for all Coast Guard missions including search and rescue,
    marine pollution response and prevention, fisheries enforcement, and
    maritime commerce, whichever occurs later, the Commandant of the Coast
    Guard shall submit a report containing the results of the study,
    together with recommendations the Commandant considers appropriate under
    section 93(a)(24) of title 14, United States Code, to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives.

    (h) Arctic Definition.--In this section the term ``Arctic'' has the
    same meaning as in section 112 of the Arctic Research and Policy Act of
    1984 (15 U.S.C. 4111).

    TITLE IV--ACQUISITION REFORM

    SEC. 401. CHIEF ACQUISITION OFFICER.

    (a) In General.--Chapter 3 of title 14, United States Code, is
    further amended by adding at the end the following:
    ``Sec. 56. Chief Acquisition Officer

    ``(a) In General.--There shall be in the Coast Guard a Chief
    Acquisition Officer selected by the Commandant who shall be a Rear
    Admiral or civilian from the Senior Executive Service (career reserved)
    and who meets the qualifications set forth under subsection (b). The
    Chief Acquisition Officer shall serve at the Assistant Commandant level
    and have acquisition management as that individual's primary duty.
    ``(b) Qualifications.--
    ``(1) The Chief Acquisition Officer and any flag officer
    serving in the Acquisition Directorate shall be an acquisition
    professional with a Level III acquisition management
    certification and must have at least 10 years experience in an
    acquisition position, of which at least 4 years were spent as--
    ``(A) the program executive officer;
    ``(B) the program manager of a Level 1 or Level 2
    acquisition project or program;
    ``(C) the deputy program manager of a Level 1 or
    Level 2 acquisition;
    ``(D) the project manager of a Level 1 or Level 2
    acquisition; or
    ``(E) any other acquisition position of significant
    responsibility in which the primary duties are
    supervisory or management duties.
    ``(2) The <> Commandant shall periodically
    publish a list of the positions designated under paragraph (1).

    [[Page 2930]]

    ``(3) In this subsection each of the terms `Level 1
    acquisition' and `Level 2 acquisition' has the meaning that term
    has in chapter 15 of this title.

    ``(c) Functions of the Chief Acquisition Officer.--The functions of
    the Chief Acquisition Officer include--
    ``(1) monitoring the performance of acquisition projects and
    programs on the basis of applicable performance measurements and
    advising the Commandant, through the chain of command, regarding
    the appropriate business strategy to achieve the missions of the
    Coast Guard;
    ``(2) maximizing the use of full and open competition at the
    prime contract and subcontract levels in the acquisition of
    property, capabilities, assets, and services by the Coast Guard
    by establishing policies, procedures, and practices that ensure
    that the Coast Guard receives a sufficient number of sealed bids
    or competitive proposals from responsible sources to fulfill the
    Government's requirements, including performance and delivery
    schedules, at the lowest cost or best value considering the
    nature of the property, capability, asset, or service procured;
    ``(3) making acquisition decisions in concurrence with the
    technical authority, or technical authorities, of the Coast
    Guard, as designated by the Commandant, consistent with all
    other applicable laws and decisions establishing procedures
    within the Coast Guard;
    ``(4) ensuring the use of detailed performance
    specifications in instances in which performance-based
    contracting is used;
    ``(5) managing the direction of acquisition policy for the
    Coast Guard, including implementation of the unique acquisition
    policies, regulations, and standards of the Coast Guard;
    ``(6) developing and maintaining an acquisition career
    management program in the Coast Guard to ensure that there is an
    adequate acquisition workforce;
    ``(7) assessing the requirements established for Coast Guard
    personnel regarding knowledge and skill in acquisition resources
    and management and the adequacy of such requirements for
    facilitating the achievement of the performance goals
    established for acquisition management;
    ``(8) developing strategies and specific plans for hiring,
    training, and professional development; and
    ``(9) reporting to the Commandant, through the chain of
    command, on the progress made in improving acquisition
    management capability.''.

    (b) Clerical <> Amendment.--The table of contents
    for chapter 3 of title 14, United States Code, is amended by adding at
    the end the following:

    ``56. Chief Acquisition Officer.''.

    (c) Selection <> Deadline.--As soon as
    practicable after the date of enactment of this Act, but no later than
    October 1, 2011, the Commandant of the Coast Guard shall select a Chief
    Acquisition Officer under section 56 of title 14, United States Code, as
    amended by this section.

    (d) Special <> Rate Supplements.--
    (1) Requirement <> to establish.--Not later
    than 1 year after the date of enactment of this Act and in
    accordance with part 9701.333 of title 5, Code of Federal
    Regulations,

    [[Page 2931]]

    the Commandant of the Coast Guard shall establish special rate
    supplements that provide higher pay levels for employees
    necessary to carry out the amendment made by this section.
    (2) Subject to appropriations.--The requirement under
    paragraph (1) is subject to the availability of appropriations.

    (e) Elevation <> of Disputes to the Chief
    Acquisition Officer.-- <> If, after 90 days following
    the elevation to the Chief Acquisition Officer of any design or other
    dispute regarding Level 1 or Level 2 acquisition, the dispute remains
    unresolved, the Commandant shall provide to the appropriate
    congressional committees a detailed description of the issue and the
    rationale underlying the decision taken by the Chief Acquisition Officer
    to resolve the issue.
    SEC. 402. ACQUISITIONS.

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

    ``Chapter 15--Acquisitions

    ``subchapter i--general provisions

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

    ``subchapter ii--improved acquisition process and procedures

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

    ``subchapter iii--definitions

    ``581. Definitions.

    ``SUBCHAPTER I--GENERAL PROVISIONS

    ``Sec. 561. Acquisition directorate

    ``(a) Establishment.--The Commandant of the Coast Guard shall
    establish an acquisition directorate to provide guidance and oversight
    for the implementation and management of all Coast Guard acquisition
    processes, programs, and projects.
    ``(b) Mission.--The mission of the acquisition directorate is--
    ``(1) to acquire and deliver assets and systems that
    increase operational readiness, enhance mission performance, and
    create a safe working environment; and
    ``(2) to assist in the development of a workforce that is
    trained and qualified to further the Coast Guard's missions and
    deliver the best-value products and services to the Nation.
    ``Sec. 562. Improvements in Coast Guard acquisition management

    ``(a) Project or Program Managers.--

    [[Page 2932]]

    ``(1) Level 1 projects.--An individual may not be assigned
    as the project or program manager for a Level 1 acquisition
    unless the individual holds a Level III acquisition
    certification as a program manager.
    ``(2) Level 2 projects.--An individual may not be assigned
    as the project or program manager for a Level 2 acquisition
    unless the individual holds a Level II acquisition certification
    as a program manager.

    ``(b) Guidance on Tenure and Accountability of Program and Project
    Managers.--
    ``(1) Issuance <> of guidance.--Not later
    than one year after the date of enactment of the Coast Guard
    Authorization Act for Fiscal Years 2010 and 2011, the Commandant
    shall issue guidance to address the qualifications, resources,
    responsibilities, tenure, and accountability of program and
    project managers for the management of acquisition projects and
    programs. The guidance shall address, at a minimum--
    ``(A) the qualifications required for project or
    program managers, including the number of years of
    acquisition experience and the professional training
    levels to be required of those appointed to project or
    program management positions;
    ``(B) authorities available to project or program
    managers, including, to the extent appropriate, the
    authority to object to the addition of new program
    requirements that would be inconsistent with the
    parameters established for an acquisition program; and
    ``(C) the extent to which a project or program
    manager who initiates a new acquisition project or
    program will continue in management of that project or
    program without interruption until the delivery of the
    first production units of the program.
    ``(2) Strategy.--
    ``(A) In <> general.--Not later
    than 18 months after the date of enactment of this
    section, the Commandant shall develop a comprehensive
    strategy for enhancing the role of Coast Guard project
    or program managers in developing and carrying out
    acquisition programs.
    ``(B) Matters to be addressed.--The strategy
    required by this section shall address, at a minimum--
    ``(i) the creation of a specific career path
    and career opportunities for individuals who are
    or may become project or program managers,
    including the rotational assignments that will be
    provided to project or program managers;
    ``(ii) the provision of enhanced training and
    educational opportunities for individuals who are
    or may become project or program managers;
    ``(iii) the provision of mentoring support to
    current and future project or program managers by
    experienced senior executives and program managers
    within the Coast Guard, and through rotational
    assignments to the Department of Defense;
    ``(iv) the methods by which the Coast Guard
    will collect and disseminate best practices and
    lessons learned on systems acquisition to enhance
    project and program management throughout the
    Coast Guard;

    [[Page 2933]]

    ``(v) the templates and tools that will be
    used to support improved data gathering and
    analysis for project and program management and
    oversight purposes, including the metrics that
    will be utilized to assess the effectiveness of
    Coast Guard project or program managers in
    managing systems acquisition efforts; and
    ``(vi) the methods by which the accountability
    of project or program managers for the results of
    acquisition projects and programs will be
    increased.

    ``(c) Acquisition Workforce.--
    ``(1) In general.--The Commandant shall designate a
    sufficient number of positions to be in the Coast Guard's
    acquisition workforce to perform acquisition-related functions
    at Coast Guard headquarters and field activities.
    ``(2) Required positions.--In designating positions under
    subsection (a), the Commandant shall include, at a minimum,
    positions encompassing the following competencies and functions:
    ``(A) Program management.
    ``(B) Systems planning, research, development,
    engineering, and testing.
    ``(C) Procurement, including contracting.
    ``(D) Industrial and contract property management.
    ``(E) Life-cycle logistics.
    ``(F) Quality control and assurance.
    ``(G) Manufacturing and production.
    ``(H) Business, cost estimating, financial
    management, and auditing.
    ``(I) Acquisition education, training, and career
    development.
    ``(J) Construction and facilities engineering.
    ``(K) Testing and evaluation.
    ``(3) Acquisition management headquarter activities.--The
    Commandant shall also designate as positions in the acquisition
    workforce under paragraph (1) those acquisition-related
    positions located at Coast Guard headquarters units.
    ``(4) Appropriate expertise required.--The Commandant shall
    ensure that each individual assigned to a position in the
    acquisition workforce has the appropriate expertise to carry out
    the responsibilities of that position.

    ``(d) Management Information System.--
    ``(1) In general.--The Commandant shall establish a
    management information system capability to improve acquisition
    workforce management and reporting.
    ``(2) Information maintained.--Information maintained with
    such capability shall include the following standardized
    information on individuals assigned to positions in the
    workforce:
    ``(A) Qualifications, assignment history, and tenure
    of those individuals assigned to positions in the
    acquisition workforce or holding acquisition-related
    certifications.
    ``(B) Promotion rates for officers and members of
    the Coast Guard in the acquisition workforce.

    ``(e) Report on Adequacy of Acquisition Workforce.--
    ``(1) In general.--The Commandant shall report to the
    appropriate congressional committees and the Committee on

    [[Page 2934]]

    Homeland Security of the House of Representatives by July 1 of
    each year on the scope of the acquisition activities to be
    performed in the next fiscal year and on the adequacy of the
    current acquisition workforce to meet that anticipated workload.
    ``(2) Contents.--The report shall--
    ``(A) specify the number of officers, members, and
    employees of the Coast Guard currently and planned to be
    assigned to each position designated under subsection
    (c); and
    ``(B) identify positions that are understaffed to
    meet the anticipated acquisition workload, and actions
    that will be taken to correct such understaffing.

    ``(f) Appointments to Acquisition Positions.--The Commandant shall
    ensure that no requirement or preference for officers or members of the
    Coast Guard is used in the consideration of persons for positions in the
    acquisition workforce.
    ``(g) Career Paths.--
    ``(1) Identification of career paths.--To establish
    acquisition management as a core competency of the Coast Guard,
    the Commandant shall--
    ``(A) ensure that career paths for officers,
    members, and employees of the Coast Guard who wish to
    pursue careers in acquisition are identified in terms of
    the education, training, experience, and assignments
    necessary for career progression of those officers,
    members, and employees to the most senior positions in
    the acquisition workforce; and
    ``(B) <> publish information on
    such career paths.
    ``(2) Promotion parity.--The Commandant shall ensure that
    promotion parity is established for officers and members of the
    Coast Guard who have been assigned to the acquisition workforce
    relative to officers and members who have not been assigned to
    the acquisition workforce.
    ``Sec. 563. Recognition of Coast Guard personnel for excellence in
    acquisition

    ``(a) In <> General.--Not later than 180 days after
    the date of enactment of the Coast Guard Authorization Act for Fiscal
    Years 2010 and 2011, the Commandant shall commence implementation of a
    program to recognize excellent performance by individuals and teams
    comprised of officers, members, and employees of the Coast Guard that
    contributed to the long-term success of a Coast Guard acquisition
    project or program.

    ``(b) Elements.--The program shall include--
    ``(1) specific award categories, criteria, and eligibility
    and manners of recognition;
    ``(2) procedures for the nomination by personnel of the
    Coast Guard of individuals and teams comprised of officers,
    members, and employees of the Coast Guard for recognition under
    the program; and
    ``(3) procedures for the evaluation of nominations for
    recognition under the program by one or more panels of
    individuals from the Government, academia, and the private
    sector who have such expertise and are appointed in such manner
    as the Commandant shall establish for the purposes of this
    program.

    [[Page 2935]]

    ``(c) Award of Cash Bonuses.--As part of the program required by
    subsection (a), the Commandant, subject to the availability of
    appropriations, may award to any civilian employee recognized pursuant
    to the program a cash bonus to the extent that the performance of such
    individual so recognized warrants the award of such bonus.
    ``Sec. 564. Prohibition on use of lead systems integrators

    ``(a) In General.--
    ``(1) Use of lead systems integrator.--Except as provided in
    subsection (b), the Commandant may not use a private sector
    entity as a lead systems integrator for an acquisition contract
    awarded or delivery order or task order issued after the date of
    enactment of the Coast Guard Authorization Act for Fiscal Years
    2010 and 2011.
    ``(2) Full and open competition.--The Commandant and any
    lead systems integrator engaged by the Coast Guard, pursuant to
    the exceptions described in subsection (b), shall use full and
    open competition for any acquisition contract awarded after the
    date of enactment of that Act, unless otherwise excepted in
    accordance with Federal acquisition laws and regulations
    promulgated under those laws, including the Federal Acquisition
    Regulation.
    ``(3) No effect on small business act.--Nothing in this
    subsection shall be construed to supersede or otherwise affect
    the authorities provided by and under the Small Business Act (15
    U.S.C. 631 et seq.).

    ``(b) Exceptions.--
    ``(1) National distress and response system modernization
    program; c4isr; national security cutters 2 and 3.--
    Notwithstanding <> subsection (a), the
    Commandant may use a private sector entity as a lead systems
    integrator for the Coast Guard to complete the National Distress
    and Response System Modernization Program (otherwise known as
    the `Rescue 21' program), the C4ISR projects directly related to
    the Integrated Deepwater program, and National Security Cutters
    2 and 3, if the Secretary of the department in which the Coast
    Guard is operating certifies that--
    ``(A) the acquisition is in accordance with Federal
    law and the Federal Acquisition Regulation; and
    ``(B) the acquisition and the use of a private
    sector lead systems integrator for the acquisition is in
    the best interest of the Federal Government.
    ``(2) Report on decisionmaking process.--If the Commandant
    uses a private sector lead systems integrator for an
    acquisition, the Commandant shall notify in writing the
    appropriate congressional committees of the Commandant's
    determination and shall provide to such committees a detailed
    rationale for the determination, at least 30 days before the
    award of a contract or issuance of a delivery order or task
    order, using a private sector lead systems integrator, including
    a comparison of the cost of the acquisition through the private
    sector lead systems integrator with the expected cost if the
    acquisition were awarded directly to the manufacturer or
    shipyard. For purposes of that comparison, the cost of award
    directly to a manufacturer or shipyard shall include the costs
    of Government contract management and oversight.

    [[Page 2936]]

    ``(c) Limitation on Lead Systems Integrators.--Neither an entity
    performing lead systems integrator functions for a Coast Guard
    acquisition nor a Tier 1 subcontractor for any acquisition may have a
    financial interest in a subcontractor below the Tier 1 subcontractor
    level unless--
    ``(1) the subcontractor was selected by the prime contractor
    through full and open competition for such procurement;
    ``(2) the procurement was awarded by the lead systems
    integrator or a subcontractor through full and open competition;
    ``(3) the procurement was awarded by a subcontractor through
    a process over which the lead systems integrator and a Tier 1
    subcontractor exercised no control; or
    ``(4) the Commandant has determined that the procurement was
    awarded in a manner consistent with Federal acquisition laws and
    regulations promulgated under those laws, including the Federal
    Acquisition Regulation.

    ``(d) Termination Date for Exceptions.--Except as described in
    subsection (b)(1), the Commandant may not use a private sector entity as
    a lead systems integrator for acquisition contracts awarded, or task
    orders or delivery orders issued, after the earlier of--
    ``(1) September 30, 2011; or
    ``(2) the <> date on which the
    Commandant certifies in writing to the appropriate congressional
    committees that the Coast Guard has available and can retain
    sufficient acquisition workforce personnel and expertise within
    the Coast Guard, through an arrangement with other Federal
    agencies, or through contracts or other arrangements with
    private sector entities, to perform the functions and
    responsibilities of the lead systems integrator in an efficient
    and cost-effective manner.
    ``Sec. 565. Required contract terms

    ``(a) In General.--The Commandant shall ensure that a contract
    awarded or a delivery order or task order issued for an acquisition of a
    capability or an asset with an expected service life of 10 or more years
    and with a total acquisition cost that is equal to or exceeds
    $10,000,000 awarded or issued by the Coast Guard after the date of
    enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and
    2011--
    ``(1) provides that all certifications for an end-state
    capability or asset under such contract, delivery order, or task
    order, respectively, will be conducted by the Commandant or an
    independent third party, and that self-certification by a
    contractor or subcontractor is not allowed;
    ``(2) provides that the Commandant shall maintain the
    authority to establish, approve, and maintain technical
    requirements;
    ``(3) requires that any measurement of contractor and
    subcontractor performance be based on the status of all work
    performed, including the extent to which the work performed met
    all performance, cost, and schedule requirements;
    ``(4) specifies that, for the acquisition or upgrade of air,
    surface, or shore capabilities and assets for which compliance
    with TEMPEST certification is a requirement, the standard for
    determining such compliance will be the air, surface, or

    [[Page 2937]]

    shore standard then used by the Department of the Navy for that
    type of capability or asset; and
    ``(5) for any contract awarded to acquire an Offshore Patrol
    Cutter, includes provisions specifying the service life, fatigue
    life, and days underway in general Atlantic and North Pacific
    Sea conditions, maximum range, and maximum speed the cutter will
    be built to achieve.

    ``(b) Prohibited Provisions.--
    ``(1) In general.--The Commandant shall ensure that any
    contract awarded or delivery order or task order issued by the
    Coast Guard after the date of enactment of the Coast Guard
    Authorization Act of 2010 does not include any provision
    allowing for equitable adjustment that is not consistent with
    the Federal Acquisition Regulations.
    ``(2) Extension of program.--A contract, contract
    modification, or award term extending a contract with a lead
    systems integrator--
    ``(A) may not include any minimum requirements for
    the purchase of a given or determinable number of
    specific capabilities or assets; and
    ``(B) shall <> be reviewed
    by an independent third party with expertise in
    acquisition management, and the results of that review
    shall be submitted to the appropriate congressional
    committees at least 60 days prior to the award of the
    contract, contract modification, or award term.

    ``(c) Integrated Product Teams.--Integrated product teams, and all
    teams that oversee integrated product teams, shall be chaired by
    officers, members, or employees of the Coast Guard.
    ``(d) Technical Authority.--The Commandant shall maintain or
    designate the technical authority to establish, approve, and maintain
    technical requirements. Any such designation shall be made in writing
    and may not be delegated to the authority of the Chief Acquisition
    Officer established by section 56 of this title.
    ``Sec. 566. Department of Defense consultation

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

    [[Page 2938]]

    ``(3) the temporary assignment or exchange of personnel
    between the Coast Guard and the Office of the Assistant
    Secretary of the Navy for Research, Development, and
    Acquisition, including Naval Systems Command, to facilitate the
    development of organic capabilities in the Coast Guard.

    ``(c) Technical Requirement Approval Procedures.--The Chief
    Acquisition Officer shall adopt, to the extent practicable, procedures
    modeled after those used by the Navy Senior Acquisition Official to
    approve all technical requirements.
    ``(d) Assessment.--Within <>  180 days
    after the date of enactment of the Coast Guard Authorization Act for
    fiscal years 2010 and 2011, the Comptroller General of the United States
    shall transmit a report to the appropriate congressional committees
    that--
    ``(1) contains an assessment of current Coast Guard
    acquisition and management capabilities to manage Level 1 and
    Level 2 acquisitions;
    ``(2) includes recommendations as to how the Coast Guard can
    improve its acquisition management, either through internal
    reforms or by seeking acquisition expertise from the Department
    of Defense; and
    ``(3) addresses specifically the question of whether the
    Coast Guard can better leverage Department of Defense or other
    agencies' contracts that would meet the needs of Level 1 or
    Level 2 acquisitions in order to obtain the best possible price.
    ``Sec. 567. Undefinitized contractual actions

    ``(a) In General.--The Coast Guard may not enter into an
    undefinitized contractual action unless such action is directly approved
    by the Head of Contracting Activity of the Coast Guard.
    ``(b) Requests for Undefinitized Contractual Actions.--Any request
    to the Head of Contracting Activity for approval of an undefinitized
    contractual action shall include a description of the anticipated effect
    on requirements of the Coast Guard if a delay is incurred for the
    purposes of determining contractual terms, specifications, and price
    before performance is begun under the contractual action.
    ``(c) Requirements for Undefinitized Contractual Actions.--
    ``(1) Deadline for agreement on terms, specifications, and
    price.--A contracting officer of the Coast Guard may not enter
    into an undefinitized contractual action unless the contractual
    action provides for agreement upon contractual terms,
    specification, and price by the earlier of--
    ``(A) the end of the 180-day period beginning on the
    date on which the contractor submits a qualifying
    proposal to definitize the contractual terms,
    specifications, and price; or
    ``(B) the date on which the amount of funds
    obligated under the contractual action is equal to more
    than 50 percent of the negotiated overall ceiling price
    for the contractual action.
    ``(2) Limitation on obligations.--
    ``(A) In general.--Except as provided in
    subparagraph (B), the contracting officer for an
    undefinitized contractual action may not obligate under
    such contractual action an amount that exceeds 50
    percent of the negotiated overall

    [[Page 2939]]

    ceiling price until the contractual terms,
    specifications, and price are definitized for such
    contractual action.
    ``(B) Exception.--Notwithstanding subparagraph (A),
    if a contractor submits a qualifying proposal to
    definitize an undefinitized contractual action before an
    amount that exceeds 50 percent of the negotiated overall
    ceiling price is obligated on such action, the
    contracting officer for such action may not obligate
    with respect to such contractual action an amount that
    exceeds 75 percent of the negotiated overall ceiling
    price until the contractual terms, specifications, and
    price are definitized for such contractual action.
    ``(3) Waiver.--The Commandant may waive the application of
    this subsection with respect to a contract if the Commandant
    determines that the waiver is necessary to support--
    ``(A) a contingency operation (as that term is
    defined in section 101(a)(13) of title 10);
    ``(B) operations to prevent or respond to a
    transportation security incident (as defined in section
    70101(6) of title 46);
    ``(C) an operation in response to an emergency that
    poses an unacceptable threat to human health or safety
    or to the marine environment; or
    ``(D) an operation in response to a natural disaster
    or major disaster or emergency designated by the
    President under the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
    ``(4) Limitation on application.--This subsection does not
    apply to an undefinitized contractual action for the purchase of
    initial spares.

    ``(d) Inclusion of Nonurgent Requirements.--Requirements for spare
    parts and support equipment that are not needed on an urgent basis may
    not be included in an undefinitized contractual action by the Coast
    Guard for spare parts and support equipment that are needed on an urgent
    basis unless the Commandant approves such inclusion as being--
    ``(1) good business practice; and
    ``(2) in the best interests of the United States.

    ``(e) Modification of Scope.--The scope of an undefinitized
    contractual action under which performance has begun may not be modified
    unless the Commandant approves such modification as being--
    ``(1) good business practice; and
    ``(2) in the best interests of the United States.

    ``(f) Allowable Profit.--The Commandant shall ensure that the profit
    allowed on an undefinitized contractual action for which the final price
    is negotiated after a substantial portion of the performance required is
    completed reflects--
    ``(1) the possible reduced cost risk of the contractor with
    respect to costs incurred during performance of the contract
    before the final price is negotiated; and
    ``(2) the reduced cost risk of the contractor with respect
    to costs incurred during performance of the remaining portion of
    the contract.

    ``(g) Definitions.--In this section:
    ``(1) Undefinitized contractual action.--
    ``(A) In general.--Except as provided in
    subparagraph (B), the term `undefinitized contractual
    action' means a

    [[Page 2940]]

    new procurement action entered into by the Coast Guard
    for which the contractual terms, specifications, or
    price are not agreed upon before performance is begun
    under the action.
    ``(B) Exclusion.--The term `undefinitized
    contractual action' does not include contractual actions
    with respect to--
    ``(i) foreign military sales;
    ``(ii) purchases in an amount not in excess of
    the amount of the simplified acquisition
    threshold; or
    ``(iii) special access programs.
    ``(2) Qualifying proposal.--The term ``qualifying proposal'
    means a proposal that contains sufficient information to enable
    complete and meaningful audits of the information contained in
    the proposal as determined by the contracting officer.
    ``Sec. 568. Guidance on excessive pass-through charges

    ``(a) In <> General.--Not later than 180 days after
    the date of enactment of the Coast Guard Authorization Act for Fiscal
    Years 2010 and 2011, the Commandant shall issue guidance to ensure that
    pass-through charges on contracts, subcontracts, delivery orders, and
    task orders that are entered into with a private entity acting as a lead
    systems integrator by or on behalf of the Coast Guard are not excessive
    in relation to the cost of work performed by the relevant contractor or
    subcontractor. The guidance shall, at a minimum--
    ``(1) set forth clear standards for determining when no, or
    negligible, value has been added to a contract by a contractor
    or subcontractor;
    ``(2) set forth procedures for preventing the payment by the
    Government of excessive pass-through charges; and
    ``(3) identify any exceptions determined by the Commandant
    to be in the best interest of the Government.

    ``(b) Excessive Pass-Through Charge Defined.--In this section the
    term `excessive pass-through charge', with respect to a contractor or
    subcontractor that adds no, or negligible, value to a contract or
    subcontract, means a charge to the Government by the contractor or
    subcontractor that is for overhead or profit on work performed by a
    lower tier contractor or subcontractor, other than reasonable charges
    for the direct costs of managing lower tier contractors and subcontracts
    and overhead and profit based on such direct costs.
    ``(c) Application of Guidance.--The guidance under this subsection
    shall apply to contracts awarded to a private entity acting as a lead
    systems integrator by or on behalf of the Coast Guard on or after the
    date that is 360 days after the date of enactment of the Coast Guard
    Authorization Act for Fiscal Years 2010 and 2011.
    ``Sec. 569. Report on former Coast Guard officials employed by
    contractors to the agency

    ``(a) Report Required.--Not later than December 31, 2011, and
    annually thereafter, the Comptroller General of the United States shall
    submit a report to the appropriate congressional committees on the
    employment during the preceding year by Coast Guard contractors of
    individuals who were Coast Guard officials in the previous 5-year
    period. The report shall assess the extent

    [[Page 2941]]

    to which former Coast Guard officials were provided compensation by
    Coast Guard contractors in the preceding calendar year.
    ``(b) Objectives of Report.--At a minimum, the report required by
    this section shall assess the extent to which former Coast Guard
    officials who receive compensation from Coast Guard contractors have
    been assigned by those contractors to work on contracts or programs
    between the contractor and the Coast Guard, including contracts or
    programs for which the former official personally had oversight
    responsibility or decisionmaking authority when they served in or worked
    for the Coast Guard.
    ``(c) Confidentiality Requirement.--The report required by this
    subsection shall not include the names of the former Coast Guard
    officials who receive compensation from Coast Guard contractors.
    ``(d) Access to Information.--A Coast Guard contractor shall provide
    the Comptroller General access to information requested by the
    Comptroller General for the purpose of conducting the study required by
    this section.
    ``(e) Definitions.--In this section:
    ``(1) Coast guard contractor.--The term `Coast Guard
    contractor' includes any person that received at least
    $10,000,000 in contractor awards from the Coast Guard in the
    calendar year covered by the annual report.
    ``(2) Coast guard official.--The term `Coast Guard official'
    includes former officers of the Coast Guard who were compensated
    at a rate of pay for grade O-7 or above during the calendar year
    prior to the date on which they separated from the Coast Guard,
    and former civilian employees of the Coast Guard who served at
    any Level of the Senior Executive Service under subchapter VIII
    of chapter 53 of title 5, United States Code, during the
    calendar year prior to the date on which they separated from the
    Coast Guard.

    ``SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

    ``Sec. 571. Identification of major system acquisitions

    ``(a) In General.--
    ``(1) Support mechanisms.--The Commandant shall develop and
    implement mechanisms to support the establishment of mature and
    stable operational requirements for all acquisitions.
    ``(2) Mission analysis; affordability assessment.--The
    Commandant may not initiate a Level 1 or Level 2 acquisition
    project or program until the Commandant--
    ``(A) completes a mission analysis that--
    ``(i) identifies the specific capability gaps
    to be addressed by the project or program; and
    ``(ii) develops a clear mission need to be
    addressed by the project or program; and
    ``(B) prepares a preliminary affordability
    assessment for the project or program.

    ``(b) Elements.--
    ``(1) Requirements.--The mechanisms required by subsection
    (a) shall ensure the implementation of a formal process for the
    development of a mission-needs statement, concept-of-operations
    document, capability development plan, and

    [[Page 2942]]

    resource proposal for the initial project or program funding,
    and shall ensure the project or program is included in the Coast
    Guard Capital Investment Plan.
    ``(2) Assessment of trade-offs.--In conducting an
    affordability assessment under subsection (a)(2)(B), the
    Commandant shall develop and implement mechanisms to ensure that
    trade-offs among cost, schedule, and performance are considered
    in the establishment of preliminary operational requirements for
    development and production of new assets and capabilities for
    Level 1 and Level 2 acquisitions projects and programs.

    ``(c) Human Resource Capital Planning.--The Commandant shall develop
    staffing predictions, define human capital performance initiatives, and
    identify preliminary training needs required to implement each Level 1
    and Level 2 acquisition project and program.
    ``Sec. 572. Acquisition

    ``(a) In General.--The Commandant may not establish a Level 1 or
    Level 2 acquisition project or program until the Commandant--
    ``(1) clearly defines the operational requirements for the
    project or program;
    ``(2) establishes the feasibility of alternatives;
    ``(3) develops an acquisition project or program baseline;
    ``(4) produces a life-cycle cost estimate; and
    ``(5) assesses the relative merits of alternatives to
    determine a preferred solution in accordance with the
    requirements of this section.

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

    ``(c) Analysis of Alternatives.--
    ``(1) In general.--The Coast Guard may not acquire an
    experimental or technically immature capability or asset or
    implement a Level 1 or Level 2 acquisition project or program,
    unless it has prepared an analysis of alternatives for the
    capability or asset to be acquired in the concept and technology
    development phase of the acquisition process for the capability
    or asset.

    [[Page 2943]]

    ``(2) Requirements.--The analysis of alternatives shall be
    prepared by a federally funded research and development center,
    a qualified entity of the Department of Defense, or a similar
    independent third-party entity that has appropriate acquisition
    expertise and has no financial interest in any part of the
    acquisition project or program that is the subject of the
    analysis. At a minimum, the analysis of alternatives shall
    include--
    ``(A) an assessment of the technical maturity of the
    capability or asset, and technical and other risks;
    ``(B) an examination of capability,
    interoperability, and other advantages and
    disadvantages;
    ``(C) an evaluation of whether different
    combinations or quantities of specific assets or
    capabilities could meet the Coast Guard's overall
    performance needs;
    ``(D) a discussion of key assumptions and variables,
    and sensitivity to change in such assumptions and
    variables;
    ``(E) when an alternative is an existing capability,
    asset, or prototype, an evaluation of relevant safety
    and performance records and costs;
    ``(F) a calculation of life-cycle costs including--
    ``(i) an examination of likely research and
    development costs and the levels of uncertainty
    associated with such estimated costs;
    ``(ii) an examination of likely production and
    deployment costs and the levels of uncertainty
    associated with such estimated costs;
    ``(iii) an examination of likely operating and
    support costs and the levels of uncertainty
    associated with such estimated costs;
    ``(iv) if they are likely to be significant,
    an examination of likely disposal costs and the
    levels of uncertainty associated with such
    estimated costs; and
    ``(v) such additional measures as the
    Commandant or the Secretary of the department in
    which the Coast Guard is operating determines to
    be necessary for appropriate evaluation of the
    capability or asset; and
    ``(G) the business case for each viable alternative.

    ``(d) Test and Evaluation Master Plan.--
    ``(1) In general.--For any Level 1 or Level 2 acquisition
    project or program the Chief Acquisition Officer must approve a
    test and evaluation master plan specific to the acquisition
    project or program for the capability, asset, or subsystems of
    the capability or asset and intended to minimize technical,
    cost, and schedule risk as early as practicable in the
    development of the project or program.
    ``(2) Test and evaluation strategy.--The master plan shall--
    ``(A) set forth an integrated test and evaluation
    strategy that will verify that capability-level or
    asset-level and subsystem-level design and development,
    including performance and supportability, have been
    sufficiently proven before the capability, asset, or
    subsystem of the capability or asset is approved for
    production; and

    [[Page 2944]]

    ``(B) require that adequate developmental tests and
    evaluations and operational tests and evaluations
    established under subparagraph (A) are performed to
    inform production decisions.
    ``(3) Other components of the master plan.--At a minimum,
    the master plan shall identify--
    ``(A) the key performance parameters to be resolved
    through the integrated test and evaluation strategy;
    ``(B) critical operational issues to be assessed in
    addition to the key performance parameters;
    ``(C) specific development test and evaluation
    phases and the scope of each phase;
    ``(D) modeling and simulation activities to be
    performed, if any, and the scope of such activities;
    ``(E) early operational assessments to be performed,
    if any, and the scope of such assessments;
    ``(F) operational test and evaluation phases;
    ``(G) an estimate of the resources, including funds,
    that will be required for all test, evaluation,
    assessment, modeling, and simulation activities; and
    ``(H) the Government entity or independent entity
    that will perform the test, evaluation, assessment,
    modeling, and simulation activities.
    ``(4) Update.--The Chief Acquisition Officer must approve an
    updated master plan whenever there is a revision to project or
    program test and evaluation strategy, scope, or phasing.
    ``(5) Limitation.--The Coast Guard may not--
    ``(A) proceed beyond that phase of the acquisition
    process that entails approving the supporting
    acquisition of a capability or asset before the master
    plan is approved by the Chief Acquisition Officer; or
    ``(B) award any production contract for a
    capability, asset, or subsystem for which a master plan
    is required under this subsection before the master plan
    is approved by the Chief Acquisition Officer.

    ``(e) Life-Cycle Cost Estimates.--
    ``(1) In general.--The Commandant shall implement mechanisms
    to ensure the development and regular updating of life-cycle
    cost estimates for each acquisition with a total acquisition
    cost that equals or exceeds $10,000,000 and an expected service
    life of 10 or more years, and to ensure that these estimates are
    considered in decisions to develop or produce new or enhanced
    capabilities and assets.
    ``(2) Types of estimates.--In addition to life-cycle cost
    estimates that may be developed by acquisition program offices,
    the Commandant shall require that an independent life-cycle cost
    estimate be developed for each Level 1 or Level 2 acquisition
    project or program.
    ``(3) Required updates.--For each Level 1 or Level 2
    acquisition project or program the Commandant shall require that
    life-cycle cost estimates shall be updated before each milestone
    decision is concluded and the project or program enters a new
    acquisition phase.
    ``Sec. 573. Preliminary development and demonstration

    ``(a) In General.--The Commandant shall ensure that developmental
    test and evaluation, operational test and evaluation, life-

    [[Page 2945]]

    cycle cost estimates, and the development and demonstration requirements
    applied by this chapter to acquisition projects and programs are met to
    confirm that the projects or programs meet the requirements identified
    in the mission-analysis and affordability assessment prepared under
    section 571(a)(2), the operational requirements developed under section
    572(a)(1) and the following development and demonstration objectives:
    ``(1) To demonstrate that the design, manufacturing, and
    production solution is based upon a stable, producible, and
    cost-effective product design.
    ``(2) To ensure that the product capabilities meet contract
    specifications, acceptable operational performance requirements,
    and system security requirements.
    ``(3) To ensure that the product design is mature enough to
    commit to full production and deployment.

    ``(b) Tests and Evaluations.--
    ``(1) In general.--The Commandant shall ensure that the
    Coast Guard conducts developmental tests and evaluations and
    operational tests and evaluations of a capability or asset and
    the subsystems of the capability or asset in accordance with the
    master plan prepared for the capability or asset under section
    572(d)(1).
    ``(2) Use of third parties.--The Commandant shall ensure
    that the Coast Guard uses independent third parties with
    expertise in testing and evaluating the capabilities or assets
    and the subsystems of the capabilities or assets being acquired
    to conduct developmental tests and evaluations and operational
    tests and evaluations whenever the Coast Guard lacks the
    capability to conduct the tests and evaluations required by a
    master plan.
    ``(3) Communication <> of safety
    concerns.--The Commandant shall require that safety concerns
    identified during developmental or operational tests and
    evaluations or through independent or Government-conducted
    design assessments of capabilities or assets and subsystems of
    capabilities or assets to be acquired by the Coast Guard shall
    be communicated as soon as practicable, but not later than 30
    days after the completion of the test or assessment event or
    activity that identified the safety concern, to the program
    manager for the capability or asset and the subsystems concerned
    and to the Chief Acquisition Officer.
    ``(4) Reporting <> of safety concerns.--Any
    safety concerns that have been reported to the Chief Acquisition
    Officer for an acquisition program or project shall be reported
    by the Commandant to the appropriate congressional committees at
    least 90 days before the award of any contract or issuance of
    any delivery order or task order for low, initial, or full-rate
    production of the capability or asset concerned if they will
    remain uncorrected or unmitigated at the time such a contract is
    awarded or delivery order or task order is issued. The report
    shall include a justification for the approval of that level of
    production of the capability or asset before the safety concerns
    are corrected or mitigated. The report shall also include an
    explanation of the actions that will be taken to correct or
    mitigate the safety concerns, the date by which those actions
    will be taken, and the adequacy of current funding to correct or
    mitigate the safety concerns.

    [[Page 2946]]

    ``(5) Asset <> already in low,
    initial, or full-rate production.--If operational test and
    evaluation of a capability or asset already in low, initial, or
    full-rate production identifies a safety concern with the
    capability or asset or any subsystems of the capability or asset
    not previously identified during developmental or operational
    test and evaluation, the Commandant shall--
    ``(A) notify <> the program manager
    and the Chief Acquisition Officer of the safety concern
    as soon as practicable, but not later than 30 days after
    the completion of the test and evaluation event or
    activity that identified the safety concern; and
    ``(B) notify the Chief Acquisition Officer and
    include in such notification--
    ``(i) an explanation of the actions that will
    be taken to correct or mitigate the safety concern
    in all capabilities or assets and subsystems of
    the capabilities or assets yet to be produced, and
    the date by which those actions will be taken;
    ``(ii) an explanation of the actions that will
    be taken to correct or mitigate the safety concern
    in previously produced capabilities or assets and
    subsystems of the capabilities or assets, and the
    date by which those actions will be taken; and
    ``(iii) an assessment of the adequacy of
    current funding to correct or mitigate the safety
    concern in capabilities or assets and subsystems
    of the capabilities or assets and in previously
    produced capabilities or assets and subsystems.

    ``(c) Technical Certification.--
    ``(1) In general.--The Commandant shall ensure that any
    Level 1 or Level 2 acquisition project or program is certified
    by the technical authority of the Coast Guard after review by an
    independent third party with capabilities in the mission area,
    asset, or particular asset component.
    ``(2) TEMPEST testing.--The Commandant shall--
    ``(A) cause all electronics on all aircraft,
    surface, and shore capabilities and assets that require
    TEMPEST certification and that are delivered after the
    date of enactment of the Coast Guard Authorization Act
    of 2010 to be tested in accordance with TEMPEST
    standards and communications security (comsec) standards
    by an independent third party that is authorized by the
    Federal Government to perform such testing; and
    ``(B) certify that the assets meet all applicable
    TEMPEST requirements.
    ``(3) Cutter classification.--
    ``(A) In general.--The Commandant shall cause each
    cutter, other than a National Security Cutter, acquired
    by the Coast Guard and delivered after the date of
    enactment of the Coast Guard Authorization Act of 2010
    to be classed by the American Bureau of Shipping before
    final acceptance.
    ``(B) Reports.--Not later than December 31, 2011,
    and biennially thereafter, the Commandant shall provide
    a report to the Committee on Transportation and
    Infrastructure of the House of Representatives and the
    Committee

    [[Page 2947]]

    on Commerce, Science, and Transportation of the Senate
    identifying which, if any, Coast Guard cutters that have
    been issued a certificate of classification by the
    American Bureau of Shipping have not been maintained in
    class and detailing the reasons why they have not been
    maintained in class.
    ``(4) Other vessels.--The Commandant shall cause the design
    and construction of each National Security Cutter, other than
    National Security Cutters 1, 2, and 3, to be assessed by an
    independent third party with expertise in vessel design and
    construction certification.
    ``(5) Aircraft airworthiness.--The Commandant shall cause
    all aircraft and aircraft engines acquired by the Coast Guard
    and delivered after the date of enactment of the Coast Guard
    Authorization Act of 2010 to be assessed for airworthiness by an
    independent third party with expertise in aircraft and aircraft
    engine certification before final acceptance.
    ``Sec. 574. Acquisition, production, deployment, and support

    ``(a) In General.--The Commandant shall--
    ``(1) ensure there is a stable and efficient production and
    support capability to develop an asset or capability for the
    Coast Guard;
    ``(2) conduct follow-on testing to confirm and monitor
    performance and correct deficiencies; and
    ``(3) conduct acceptance tests and trials prior to the
    delivery of each asset or system to ensure the delivered asset
    or system achieves full operational capability.

    ``(b) Elements.--The Commandant shall--
    ``(1) execute production contracts;
    ``(2) ensure that delivered assets and capabilities meet
    operational cost and schedules requirements established in the
    acquisition program baseline;
    ``(3) validate manpower and training requirements to meet
    system needs to operate, maintain, support, and instruct the
    assets or capabilities; and
    ``(4) prepare an acquisition project or program transition
    plan to enter into programmatic sustainment, operations, and
    support.
    ``Sec. 575. Acquisition <>  program baseline
    breach

    ``(a) In <> General.--The Commandant shall submit a
    report to the appropriate congressional committees and the Committee on
    Homeland Security of the House of Representatives as soon as possible,
    but not later than 30 days, after the Chief Acquisition Officer of the
    Coast Guard becomes aware of the breach of an acquisition program
    baseline for any Level 1 or Level 2 acquisition program, by--
    ``(1) a likely cost overrun greater than 15 percent of the
    acquisition program baseline for that individual capability or
    asset or a class of capabilities or assets;
    ``(2) a likely delay of more than 180 days in the delivery
    schedule for any individual capability or asset or class of
    capabilities or assets; or
    ``(3) an anticipated failure for any individual capability
    or asset or class of capabilities or assets to satisfy any key

    [[Page 2948]]

    performance threshold or parameter under the acquisition program
    baseline.

    ``(b) Content.--The report submitted under subsection (a) shall
    include--
    ``(1) a detailed description of the breach and an
    explanation of its cause;
    ``(2) the projected impact to performance, cost, and
    schedule;
    ``(3) an updated acquisition program baseline and the
    complete history of changes to the original acquisition program
    baseline;
    ``(4) the updated acquisition schedule and the complete
    history of changes to the original schedule;
    ``(5) a full life-cycle cost analysis for the capability or
    asset or class of capabilities or assets;
    ``(6) a remediation plan identifying corrective actions and
    any resulting issues or risks; and
    ``(7) a description of how progress in the remediation plan
    will be measured and monitored.

    ``(c) Substantial <> Variances in Costs or
    Schedule.--If a likely cost overrun is greater than 20 percent or a
    likely delay is greater than 12 months from the costs and schedule
    described in the acquisition program baseline for any Level 1 or Level 2
    acquisition project or program of the Coast Guard, the Commandant shall
    include in the report a written certification, with a supporting
    explanation, that--
    ``(1) the capability or asset or capability or asset class
    to be acquired under the project or program is essential to the
    accomplishment of Coast Guard missions;
    ``(2) there are no alternatives to such capability or asset
    or capability or asset class that will provide equal or greater
    capability in both a more cost-effective and timely manner;
    ``(3) the new acquisition schedule and estimates for total
    acquisition cost are reasonable; and
    ``(4) the management structure for the acquisition program
    is adequate to manage and control performance, cost, and
    schedule.
    ``Sec. 576. Acquisition approval authority

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

    ``SUBCHAPTER III--DEFINITIONS

    ``Sec. 581. Definitions

    ``In this chapter:

    [[Page 2949]]

    ``(1) Appropriate congressional committees.--The term
    `appropriate congressional committees' means the Committee on
    Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate.
    ``(2) Chief acquisition officer.--The term `Chief
    Acquisition Officer' means the officer appointed under section
    56 of this title.
    ``(3) Commandant.--The term `Commandant' means the
    Commandant of the Coast Guard.
    ``(4) Level 1 acquisition.--The term `Level 1 acquisition'
    means--
    ``(A) an acquisition by the Coast Guard--
    ``(i) the estimated life-cycle costs of which
    exceed $1,000,000,000; or
    ``(ii) the estimated total acquisition costs
    of which exceed $300,000,000; or
    ``(B) any acquisition that the Chief Acquisition
    Officer of the Coast Guard determines to have a special
    interest--
    ``(i) due to--
    ``(I) the experimental or
    technically immature nature of the
    asset;
    ``(II) the technological complexity
    of the asset;
    ``(III) the commitment of resources;
    or
    ``(IV) the nature of the capability
    or set of capabilities to be achieved;
    or
    ``(ii) because such acquisition is a joint
    acquisition.
    ``(5) Level 2 acquisition.--The term `Level 2 acquisition'
    means an acquisition by the Coast Guard--
    ``(A) the estimated life-cycle costs of which are
    equal to or less than $1,000,000,000, but greater than
    $300,000,000; or
    ``(B) the estimated total acquisition costs of which
    are equal to or less than $300,000,0000, but greater
    than $100,000,000.
    ``(6) Life-cycle cost.--The term `life-cycle cost' means all
    costs for development, procurement, construction, and operations
    and support for a particular capability or asset, without regard
    to funding source or management control.
    ``(7) Project or program manager defined.--The term `project
    or program manager' means an individual designated--
    ``(A) to develop, produce, and deploy a new asset to
    meet identified operational requirements; and
    ``(B) to manage cost, schedule, and performance of
    the acquisition, project, or program.
    ``(8) Safety concern.--The term `safety concern' means any
    hazard associated with a capability or asset or a subsystem of a
    capability or asset that is likely to cause serious bodily
    injury or death to a typical Coast Guard user in testing,
    maintaining, repairing, or operating the capability, asset, or
    subsystem or any hazard associated with the capability, asset,
    or subsystem that is likely to cause major damage to the
    capability, asset, or subsystem during the course of its normal
    operation by a typical Coast Guard user.
    ``(9) Developmental test and evaluation.--The term
    `developmental test and evaluation' means--

    [[Page 2950]]

    ``(A) the testing of a capability or asset and the
    subsystems of the capability or asset to determine
    whether they meet all contractual performance
    requirements, including technical performance
    requirements, supportability requirements, and
    interoperability requirements and related
    specifications; and
    ``(B) the evaluation of the results of such testing.
    ``(10) Operational test and evaluation.--The term
    `operational test and evaluation' means--
    ``(A) the testing of a capability or asset and the
    subsystems of the capability or asset, under conditions
    similar to those in which the capability or asset and
    subsystems will actually be deployed, for the purpose of
    determining the effectiveness and suitability of the
    capability or asset and subsystems for use by typical
    Coast Guard users to conduct those missions for which
    the capability or asset and subsystems are intended to
    be used; and
    ``(B) the evaluation of the results of such
    testing.''.

    (b) Conforming <> Amendment.--The part analysis for
    part I of title 14, United States Code, is amended by inserting after
    the item relating to chapter 13 the following:
    ``15. Acquisitions................................................561''.
    SEC. 403. NATIONAL SECURITY CUTTERS.

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

    (b) Appropriate <> Congressional Committees.--In
    this section the term ``appropriate congressional committees'' means the
    Committees on Transportation and Infrastructure and Homeland Security of
    the House of Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate.
    SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

    (a) In General.--For purposes of sections 3304, 5333, and 5753 of
    title 5, United States Code, the Commandant of the Coast Guard may--
    (1) designate any category of acquisition positions within
    the Coast Guard as shortage category positions; and

    [[Page 2951]]

    (2) use the authorities in such sections to recruit and
    appoint highly qualified persons directly to positions so
    designated.

    (b) Limitation.--The Commandant may not appoint a person to a
    position of employment under this paragraph after September 30, 2012.
    (c) Reports.--The Commandant shall include in reports under section
    562(d) of title 14, United States Code, as added by this title,
    information described in that section regarding positions designated
    under this section.

    TITLE V--COAST <> GUARD
    MODERNIZATION
    SEC. 501. <> SHORT TITLE.

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

    Subtitle A--Coast Guard Leadership

    SEC. 511. VICE ADMIRALS.

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

    ``(a)(1) The President may designate no more than 4 positions of
    importance and responsibility that shall be held by officers who--
    ``(A) while so serving, shall have the grade of vice
    admiral, with the pay and allowances of that grade; and
    ``(B) shall perform such duties as the Commandant
    may prescribe.

    ``(2) The President may appoint, by and with the advice and consent
    of the Senate, and reappoint, by and with the advice and consent of the
    Senate, to any such position an officer of the Coast Guard who is
    serving on active duty above the grade of captain. The Commandant shall
    make recommendations for such appointments.
    ``(3) (A) Except as provided in subparagraph (B), one of the vice
    admirals designated under paragraph (1) must have at least 10 years
    experience in vessel inspection, marine casualty investigations, mariner
    licensing, or an equivalent technical expertise in the design and
    construction of commercial vessels, with at least 4 years of leadership
    experience at a staff or unit carrying out marine safety functions and
    shall serve as the principal advisor to the Commandant on these issues.
    ``(B) The requirements of subparagraph (A) do not apply to such vice
    admiral if the subordinate officer serving in the grade of rear admiral
    with responsibilities for marine safety, security, and stewrdship
    possesses that experience.
    ``(b)(1) The <> appointment
    and the grade of vice admiral shall be effective on the date the officer
    assumes that duty and, except as provided in paragraph (2) of this
    subsection or in section 51(d) of this title, shall terminate on the
    date the officer is detached from that duty.

    [[Page 2952]]

    ``(2) An officer who is appointed to a position designated under
    subsection (a) shall continue to hold the grade of vice admiral--
    ``(A) while under orders transferring the officer to another
    position designated under subsection (a), beginning on the date
    the officer is detached from that duty and terminating on the
    date before the day the officer assumes the subsequent duty, but
    not for more than 60 days;
    ``(B) while hospitalized, beginning on the day of the
    hospitalization and ending on the day the officer is discharged
    from the hospital, but not for more than 180 days; and
    ``(C) while awaiting retirement, beginning on the date the
    officer is detached from duty and ending on the day before the
    officer's retirement, but not for more than 60 days.

    ``(c)(1) An appointment of an officer under subsection (a) does not
    vacate the permanent grade held by the officer.
    ``(2) An officer serving in a grade above rear admiral who holds the
    permanent grade of rear admiral (lower half) shall be considered for
    promotion to the permanent grade of rear admiral as if the officer was
    serving in the officer's permanent grade.
    ``(d) Whenever a vacancy occurs in a position designated under
    subsection (a), the Commandant shall inform the President of the
    qualifications needed by an officer serving in that position or office
    to carry out effectively the duties and responsibilities of that
    position or office.''.
    (b) Repeal.--Section 50a of such title <> is
    repealed.

    (c) Conforming Amendments.--Section 51 of such title <> is amended--
    (1) by striking subsections (a), (b), and (c) and inserting
    the following:

    ``(a) An officer, other than the Commandant, who, while serving in
    the grade of vice admiral, is retired for physical disability shall be
    placed on the retired list with the highest grade in which that officer
    served.
    ``(b) An officer, other than the Commandant, who is retired while
    serving in the grade of vice admiral, or who, after serving at least
    2\1/2\ years in the grade of vice admiral, is retired while serving in a
    lower grade, may in the discretion of the President, be retired with the
    highest grade in which that officer served.
    ``(c) An officer, other than the Commandant, who, after serving less
    than 2\1/2\ years in the grade of vice admiral, is retired while serving
    in a lower grade, shall be retired in his permanent grade.''; and
    (2) by striking ``Area Commander, or Chief of Staff'' in
    subsection (d)(2) and inserting ``or Vice Admiral''.

    (d) Continuity of Grade.--Section 52 of title 14, United States
    Code, is amended by inserting ``or admiral'' after ``vice admiral'' the
    first place it appears.
    (e) Continuation on Active Duty.--The second sentence of section
    290(a) of title 14, United States Code, is amended to read as follows:
    ``Officers, other than the Commandant, serving for the time being or who
    have served in the grade of vice admiral are not subject to
    consideration for continuation under this subsection, and as to all
    other provisions of this section shall be considered as having been
    continued at the grade of rear admiral.''.
    (f) Clerical Amendments.--
    (1) The section caption for section 47 of such title is
    amended to read as follows:

    [[Page 2953]]

    ``Sec. 47. Vice commandant; appointment''.
    (2) The section caption for section 52 of title 14, United
    States Code, is amended to read as follows:
    ``Sec. 52. Vice admirals and admiral, continuity of grade''.
    (3) The <> table of contents for chapter 3
    of such title is amended--
    (A) by striking the item relating to section 47 and
    inserting the following:

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

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

    ``50. Vice admirals.''; and

    (D) by striking the item relating to section 52 and
    inserting the following:

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

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

    Subtitle B--Workforce Expertise

    SEC. 521. PREVENTION AND RESPONSE STAFF.

    (a) In General.--Chapter 3 of title 14, United States Code, is
    amended by adding at the end the following new sections:
    ``Sec. 57. Prevention and response workforces

    ``(a) Career Paths.--The Secretary, acting through the Commandant,
    shall ensure that appropriate career paths for civilian and military
    Coast Guard personnel who wish to pursue career paths in prevention or
    response positions are identified in terms of the education, training,
    experience, and assignments necessary for career progression of
    civilians and members of the Armed Forces to the most senior prevention
    or response positions, as appropriate.
    The <> Secretary shall make available published
    information on such career paths.

    [[Page 2954]]

    ``(b) Qualifications for Certain Assignments.--An officer, member,
    or civilian employee of the Coast Guard assigned as a--
    ``(1) marine inspector shall have the training, experience,
    and qualifications equivalent to that required for a similar
    position at a classification society recognized by the Secretary
    under section 3316 of title 46 for the type of vessel, system,
    or equipment that is inspected;
    ``(2) marine casualty investigator shall have the training,
    experience, and qualifications in investigation, marine casualty
    reconstruction, evidence collection and preservation, human
    factors, and documentation using best investigation practices by
    Federal and non-Federal entities; or
    ``(3) marine safety engineer shall have knowledge, skill,
    and practical experience in--
    ``(A) the construction and operation of commercial
    vessels;
    ``(B) judging the character, strength, stability,
    and safety qualities of such vessels and their
    equipment; or
    ``(C) the qualifications and training of vessel
    personnel.

    ``(c) Apprenticeship Requirement To Qualify for Certain Careers.--
    The Commandant may require an officer, member, or employee of the Coast
    Guard in training for a specialized prevention or response career path
    to serve an apprenticeship under the guidance of a qualified individual.
    However, an individual in training to become a marine inspector, marine
    casualty investigator, or marine safety engineer shall serve a minimum
    of one-year as an apprentice unless the Commandant authorizes a shorter
    period for certain qualifications.
    ``(d) Management Information System.--The Secretary, acting through
    the Commandant, shall establish a management information system for the
    prevention and response workforces that shall provide, at a minimum, the
    following standardized information on persons serving in those
    workforces:
    ``(1) Qualifications, assignment history, and tenure in
    assignments.
    ``(2) Promotion rates for military and civilian personnel.

    ``(e) Assessment of Adequacy of Marine Safety Workforce.--
    ``(1) Report.--The Secretary, acting through the Commandant,
    shall report to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee
    on Commerce, Science, and Transportation of the Senate by
    December 1 of each year on the adequacy of the current marine
    safety workforce to meet that anticipated workload.
    ``(2) Contents.--The report shall specify the number of
    civilian and military Coast Guard personnel currently assigned
    to marine safety positions and shall identify positions that are
    understaffed to meet the anticipated marine safety workload.

    ``(f) Sector Chief of Prevention.--There shall be in each Coast
    Guard sector a Chief of Prevention who shall be at least a Lieutenant
    Commander or civilian employee within the grade GS-13 of the General
    Schedule, and who shall be a--
    ``(1) marine inspector, qualified to inspect vessels, vessel
    systems, and equipment commonly found in the sector; and

    [[Page 2955]]

    ``(2) qualified marine casualty investigator or marine
    safety engineer.

    ``(g) Signatories of Letter of Qualification for Certain Prevention
    Personnel.--Each individual signing a letter of qualification for marine
    safety personnel must hold a letter of qualification for the type being
    certified.
    ``(h) Sector Chief of Response.--There shall be in each Coast Guard
    sector a Chief of Response who shall be at least a Lieutenant Commander
    or civilian employee within the grade GS-13 of the General Schedule in
    each Coast Guard sector.
    ``Sec. 58. Centers of expertise for Coast Guard prevention and
    response

    ``(a) Establishment.--The Commandant of the Coast Guard may
    establish and operate one or more centers of expertise for prevention
    and response missions of the Coast Guard (in this section referred to as
    a `center').
    ``(b) Missions.--Each center shall--
    ``(1) promote and facilitate education, training, and
    research;
    ``(2) develop a repository of information on its missions
    and specialties; and
    ``(3) perform any other missions as the Commandant may
    specify.

    ``(c) Joint Operation With Educational Institution Authorized.--The
    Commandant may enter into an agreement with an appropriate official of
    an institution of higher education to--
    ``(1) provide for joint operation of a center; and
    ``(2) provide necessary administrative services for a
    center, including administration and allocation of funds.

    ``(d) Acceptance of Donations.--
    ``(1) Except as provided in paragraph (2), the Commandant
    may accept, on behalf of a center, donations to be used to
    defray the costs of the center or to enhance the operation of
    the center. Those donations may be accepted from any State or
    local government, any foreign government, any foundation or
    other charitable organization (including any that is organized
    or operates under the laws of a foreign country), or any
    individual.
    ``(2) The Commandant may not accept a donation under
    paragraph (1) if the acceptance of the donation would compromise
    or appear to compromise--
    ``(A) the ability of the Coast Guard or the
    department in which the Coast Guard is operating, any
    employee of the Coast Guard or the department, or any
    member of the Armed Forces to carry out any
    responsibility or duty in a fair and objective manner;
    or
    ``(B) the integrity of any program of the Coast
    Guard, the department in which the Coast Guard is
    operating, or of any person involved in such a program.
    ``(3) The <> Commandant shall prescribe
    written guidance setting forth the criteria to be used in
    determining whether or not the acceptance of a donation from a
    foreign source would have a result described in paragraph (2).

    [[Page 2956]]

    ``Sec. 59. Marine industry training program

    ``(a) In General.--The Commandant shall, by policy, establish a
    program under which an officer, member, or employee of the Coast Guard
    may be assigned to a private entity to further the institutional
    interests of the Coast Guard with regard to marine safety, including for
    the purpose of providing training to an officer, member, or employee.
    Policies to carry out the program--
    ``(1) with regard to an employee of the Coast Guard, shall
    include provisions, consistent with sections 3702 through 3704
    of title 5, as to matters concerning--
    ``(A) the duration and termination of assignments;
    ``(B) reimbursements; and
    ``(C) status, entitlements, benefits, and
    obligations of program participants; and
    ``(2) shall require the Commandant, before approving the
    assignment of an officer, member, or employee of the Coast Guard
    to a private entity, to determine that the assignment is an
    effective use of the Coast Guard's funds, taking into account
    the best interests of the Coast Guard and the costs and benefits
    of alternative methods of achieving the same results and
    objectives.

    ``(b) Annual Report.--Not later than the date of the submission each
    year of the President's budget request under section 1105 of title 31,
    the Commandant shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate a report that
    describes--
    ``(1) the number of officers, members, and employees of the
    Coast Guard assigned to private entities under this section; and
    ``(2) the specific benefit that accrues to the Coast Guard
    for each assignment.''.

    (b) Clerical <> Amendment.--The table of sections
    at the beginning of such chapter is further amended by adding at the end
    the following new items:

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

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

    (a) In General.--Chapter 21 of title 46, United States Code, is
    amended by adding at the end the following new section:
    ``Sec. 2116. Marine safety strategy, goals, and performance
    assessments

    ``(a) Long-Term Strategy and Goals.--In conjunction with existing
    federally required strategic planning efforts, the Secretary shall
    develop a long-term strategy for improving vessel safety and the safety
    of individuals on vessels. The strategy shall include the issuance each
    year of an annual plan and schedule for achieving the following goals:
    ``(1) Reducing the number and rates of marine casualties.
    ``(2) Improving the consistency and effectiveness of vessel
    and operator enforcement and compliance programs.
    ``(3) Identifying and targeting enforcement efforts at high-
    risk vessels and operators.

    [[Page 2957]]

    ``(4) Improving research efforts to enhance and promote
    vessel and operator safety and performance.

    ``(b) Contents of Strategy and Annual Plans.--
    ``(1) Measurable goals.--The strategy and annual plans shall
    include specific numeric or measurable goals designed to achieve
    the goals set forth in subsection (a). The purposes of the
    numeric or measurable goals are the following:
    ``(A) To increase the number of safety examinations
    on all high-risk vessels.
    ``(B) To eliminate the backlog of marine safety-
    related rulemakings.
    ``(C) To improve the quality and effectiveness of
    marine safety information databases by ensuring that all
    Coast Guard personnel accurately and effectively report
    all safety, casualty, and injury information.
    ``(D) To provide for a sufficient number of Coast
    Guard marine safety personnel, and provide adequate
    facilities and equipment to carry out the functions
    referred to in section 93(c).
    ``(2) Resource needs.--The strategy and annual plans shall
    include estimates of--
    ``(A) the funds and staff resources needed to
    accomplish each activity included in the strategy and
    plans; and
    ``(B) the staff skills and training needed for
    timely and effective accomplishment of each goal.

    ``(c) Submission With the President's <> Budget.--Beginning with fiscal year 2011 and
    each fiscal year thereafter, the Secretary shall submit to Congress the
    strategy and annual plan not later than 60 days following the
    transmission of the President's budget submission under section 1105 of
    title 31.

    ``(d) Achievement of Goals.--
    ``(1) Progress assessment.--No <> less
    frequently than semiannually, the Coast Guard Commandant shall
    assess the progress of the Coast Guard toward achieving the
    goals set forth in subsection (b). The Commandant shall convey
    the Commandant's assessment to the employees of the marine
    safety workforce and shall identify any deficiencies that should
    be remedied before the next progress assessment.
    ``(2) Report to congress.--The Secretary shall report
    annually to the Committee on Transportation and Infrastructure
    of the House of Representatives and the Committee on Commerce,
    Science, and Transportation of the Senate--
    ``(A) on the performance of the marine safety
    program in achieving the goals of the marine safety
    strategy and annual plan under subsection (a) for the
    year covered by the report;
    ``(B) on the program's mission performance in
    achieving numerical measurable goals established under
    subsection (b); and
    ``(C) recommendations on how to improve performance
    of the program.''.

    (b) Clerical <> Amendment.--The analysis for
    such chapter is amended by adding at the end the following new item:

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

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

    [[Page 2958]]

    ``(d) A certificate of inspection issued under this section shall be
    signed by the senior Coast Guard member or civilian employee who
    inspected the vessel, in addition to the officer in charge of marine
    inspection.''.
    SEC. 523. POWERS AND DUTIES.

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

    ``(d) Other Authority Not Affected.--Nothing in subsection (c)
    affects--
    ``(1) the authority of Coast Guard officers and members to
    enforce marine safety regulations using authority under section
    89 of this title; or
    ``(2) the exercise of authority under section 91 of this
    title and the provisions of law codified at sections 191 through
    195 of title 50 on the date of enactment of this paragraph.''.
    SEC. 524. APPEALS AND WAIVERS.

    (a) In General.--Chapter 5 of title 14, United States Code, is
    further amended by inserting at the end the following new section:
    ``Sec. 102. Appeals and waivers

    ``Except for the Commandant of the Coast Guard, any individual
    adjudicating an appeal or waiver of a decision regarding marine safety,
    including inspection or manning and threats to the environment, shall--
    ``(1) be a qualified specialist with the training,
    experience, and qualifications in marine safety to effectively
    judge the

    [[Page 2959]]

    facts and circumstances involved in the appeal and make a
    judgment regarding the merits of the appeal; or
    ``(2) have a senior staff member who--
    ``(A) meets the requirements of paragraph (1);
    ``(B) actively advises the individual adjudicating
    the appeal; and
    ``(C) concurs in writing on the decision on
    appeal.''.

    (b) Clerical <> Amendment.--The analysis for such
    chapter is further amended by adding at the end the following new item:

    ``102. Appeals and waivers.''.

    SEC. 525. COAST GUARD ACADEMY.

    (a) In General.--Chapter 9 of title 14, United States Code, is
    further amended by adding at the end the following new section:
    ``Sec. 200. Marine safety curriculum

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

    ``200. Marine safety curriculum.''.

    SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPECTORS.

    Not later than 1 year after the date of enactment of this Act, the
    Commandant of the Coast Guard shall submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Commerce, Science, and Transportation of the Senate a
    report on Coast Guard's efforts to recruit and retain civilian marine
    inspectors and investigators and the impact of such recruitment and
    retention efforts on Coast Guard organizational performance.

    TITLE VI--MARINE <>  SAFETY
    SEC. 601. <> SHORT TITLE.

    This title may be cited as the ``Maritime Safety Act of 2010''.
    SEC. 602. VESSEL SIZE LIMITS.

    (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title
    46, United States Code, is amended--
    (1) by inserting ``and'' after the semicolon at the end of
    subparagraph (A)(i);
    (2) by striking ``and'' at the end of subparagraph (A)(ii);
    (3) by striking subparagraph (A)(iii);
    (4) by striking the period at the end of subparagraph (B)
    and inserting a semicolon; and
    (5) by inserting at the end the following:
    ``(C) the vessel is either a rebuilt vessel or a
    replacement vessel under section 208(g) of the American
    Fisheries Act (title II of division C of Public Law 105-
    277; 112

    [[Page 2960]]

    Stat. 2681-627) and is eligible for a fishery
    endorsement under this section; or
    ``(D) the vessel is a fish tender vessel that is not
    engaged in the harvesting or processing of fish.''.

    (b) Conforming Amendments.--
    (1) Vessel rebuilding and replacement.--Section 208(g) of
    the American Fisheries Act (title II of division C of Public Law
    105-277; 112 Stat. 2681-627) <>  is
    amended to read as follows:

    ``(g) Vessel Rebuilding and Replacement.--
    ``(1) In general.--
    ``(A) Rebuild or replace.--Notwithstanding any
    limitation to the contrary on replacing, rebuilding, or
    lengthening vessels or transferring permits or licenses
    to a replacement vessel contained in sections 679.2 and
    679.4 of title 50, Code of Federal Regulations, as in
    effect on the date of enactment of the Coast Guard
    Authorization Act of 2010 and except as provided in
    paragraph (4), the owner of a vessel eligible under
    subsection (a), (b), (c), (d), or (e), in order to
    improve vessel safety and operational efficiencies
    (including fuel efficiency), may rebuild or replace that
    vessel (including fuel efficiency) with a vessel
    documented with a fishery endorsement under section
    12113 of title 46, United States Code.
    ``(B) Same requirements.--The rebuilt or replacement
    vessel shall be eligible in the same manner and subject
    to the same restrictions and limitations under such
    subsection as the vessel being rebuilt or replaced.
    ``(C) Transfer of permits and licenses.--Each
    fishing permit and license held by the owner of a vessel
    or vessels to be rebuilt or replaced under subparagraph
    (A) shall be transferred to the rebuilt or replacement
    vessel or its owner, as necessary to permit such rebuilt
    or replacement vessel to operate in the same manner as
    the vessel prior to the rebuilding or the vessel it
    replaced, respectively.
    ``(2) Recommendations of north pacific fishery management
    council.--The North Pacific Fishery Management Council may
    recommend for approval by the Secretary such conservation and
    management measures, including size limits and measures to
    control fishing capacity, in accordance with the Magnuson-
    Stevens Act as it considers necessary to ensure that this
    subsection does not diminish the effectiveness of fishery
    management plans of the Bering Sea and Aleutian Islands
    Management Area or the Gulf of Alaska.
    ``(3) Special rule for replacement of certain vessels.--
    ``(A) In general.--Notwithstanding the requirements
    of subsections (b)(2), (c)(1), and (c)(2) of section
    12113 of title 46, United States Code, a vessel that is
    eligible under subsection (a), (b), (c), or (e) and that
    qualifies to be documented with a fishery endorsement
    pursuant to section 213(g) may be replaced with a
    replacement vessel under paragraph (1) if the vessel
    that is replaced is validly documented with a fishery
    endorsement pursuant to section 213(g) before the
    replacement vessel is documented with

    [[Page 2961]]

    a fishery endorsement under section 12113 of title 46,
    United States Code.
    ``(B) Applicability.--A replacement vessel under
    subparagraph (A) and its owner and mortgagee are subject
    to the same limitations under section 213(g) that are
    applicable to the vessel that has been replaced and its
    owner and mortgagee.
    ``(4) Special rules for certain catcher vessels.--
    ``(A) In general.--A replacement for a covered
    vessel described in subparagraph (B) is prohibited from
    harvesting fish in any fishery (except for the Pacific
    whiting fishery) managed under the authority of any
    Regional Fishery Management Council (other than the
    North Pacific Fishery Management Council) established
    under section 302(a) of the Magnuson-Stevens Act.
    ``(B) Covered vessels.--A covered vessel referred to
    in subparagraph (A) is--
    ``(i) a vessel eligible under subsection (a),
    (b), or (c) that is replaced under paragraph (1);
    or
    ``(ii) a vessel eligible under subsection (a),
    (b), or (c) that is rebuilt to increase its
    registered length, gross tonnage, or shaft
    horsepower.
    ``(5) Limitation on fishery endorsements.--Any vessel that
    is replaced under this subsection shall thereafter not be
    eligible for a fishery endorsement under section 12113 of title
    46, United States Code, unless that vessel is also a replacement
    vessel described in paragraph (1).
    ``(6) Gulf of alaska limitation.--Notwithstanding paragraph
    (1), the Secretary shall prohibit from participation in the
    groundfish fisheries of the Gulf of Alaska any vessel that is
    rebuilt or replaced under this subsection and that exceeds the
    maximum length overall specified on the license that authorizes
    fishing for groundfish pursuant to the license limitation
    program under part 679 of title 50, Code of Federal Regulations,
    as in effect on the date of enactment of the Coast Guard
    Authorization Act of 2010.
    ``(7) Authority of pacific council.--Nothing in this section
    shall be construed to diminish or otherwise affect the authority
    of the Pacific Council to recommend to the Secretary
    conservation and management measures to protect fisheries under
    its jurisdiction (including the Pacific whiting fishery) and
    participants in such fisheries from adverse impacts caused by
    this Act.''.
    (2) Repeal of exemption of certain vessels.--Section 203(g)
    of the American Fisheries Act (title II of division C of Public
    Law 105-277; 112 Stat. 2681-620) is repealed.
    (3) Fishery cooperative exit provisions.--Section 210(b) of
    the American Fisheries Act (title II of division C of Public Law
    105-277; 112 Stat. 2681-629) <>  is
    amended--
    (A) by moving the matter beginning with ``the
    Secretary shall'' in paragraph (1) 2 ems to the right;
    and
    (B) by adding at the end the following:
    ``(7) Fishery cooperative exit provisions.--
    ``(A) Fishing allowance determination.--For purposes
    of determining the aggregate percentage of directed
    fishing allowances under paragraph (1), when a catcher

    [[Page 2962]]

    vessel is removed from the directed pollock fishery, the
    fishery allowance for pollock for the vessel being
    removed--
    ``(i) shall be based on the catch history
    determination for the vessel made pursuant to
    section 679.62 of title 50, Code of Federal
    Regulations, as in effect on the date of enactment
    of the Coast Guard Authorization Act of 2010; and
    ``(ii) shall be assigned, for all purposes
    under this title, in the manner specified by the
    owner of the vessel being removed to any other
    catcher vessel or among other catcher vessels
    participating in the fishery cooperative if such
    vessel or vessels remain in the fishery
    cooperative for at least one year after the date
    on which the vessel being removed leaves the
    directed pollock fishery.
    ``(B) Eligibility for fishery endorsement.--Except
    as provided in subparagraph (C), a vessel that is
    removed pursuant to this paragraph shall be permanently
    ineligible for a fishery endorsement, and any claim
    (including relating to catch history) associated with
    such vessel that could qualify any owner of such vessel
    for any permit to participate in any fishery within the
    exclusive economic zone of the United States shall be
    extinguished, unless such removed vessel is thereafter
    designated to replace a vessel to be removed pursuant to
    this paragraph.
    ``(C) Limitations on statutory construction.--
    Nothing in this paragraph shall be construed--
    ``(i) to make the vessels AJ (United States
    official number 905625), DONA MARTITA (United
    States official number 651751), NORDIC EXPLORER
    (United States official number 678234), and
    PROVIDIAN (United States official number 1062183)
    ineligible for a fishery endorsement or any permit
    necessary to participate in any fishery under the
    authority of the New England Fishery Management
    Council or the Mid-Atlantic Fishery Management
    Council established, respectively, under
    subparagraphs (A) and (B) of section 302(a)(1) of
    the Magnuson-Stevens Act; or
    ``(ii) to allow the vessels referred to in
    clause (i) to participate in any fishery under the
    authority of the Councils referred to in clause
    (i) in any manner that is not consistent with the
    fishery management plan for the fishery developed
    by the Councils under section 303 of the Magnuson-
    Stevens Act.''.
    SEC. 603. COLD <> WEATHER SURVIVAL TRAINING.

    The Commandant of the Coast Guard shall report to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Commerce, Science, and Transportation of the Senate on
    the efficacy of cold weather survival training conducted by the Coast
    Guard over the preceding 5 years. The report shall include plans for
    conducting such training in fiscal years 2010 through 2013.
    SEC. 604. FISHING VESSEL SAFETY.

    (a) Safety Standards.--Section 4502 of title 46, United States Code,
    is amended--
    (1) in subsection (a), by--

    [[Page 2963]]

    (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.

    [[Page 2964]]

    ``(3) The <> Secretary
    shall prescribe regulations implementing this subsection. The
    regulations shall require that individuals who are issued a certificate
    under paragraph (2)(D) must complete refresher training at least once
    every 5 years as a condition of maintaining the validity of the
    certificate.

    ``(4) The <> Secretary shall
    establish a publicly accessible electronic database listing the names of
    individuals who have participated in and received a certificate
    confirming successful completion of a training program approved by the
    Secretary under this section.

    ``(h) A vessel to which this chapter applies shall be constructed in
    a manner that provides a level of safety equivalent to the minimum
    safety standards the Secretary may establish for recreational vessels
    under section 4302, if--
    ``(1) subsection (b) of this section applies to the vessel;
    ``(2) the vessel is less than 50 feet overall in length; and
    ``(3) the vessel is built after January 1, 2010.

    ``(i)(1) The <> Secretary shall establish a Fishing
    Safety Training Grants Program to provide funding to municipalities,
    port authorities, other appropriate public entities, not-for-profit
    organizations, and other qualified persons that provide commercial
    fishing safety training--
    ``(A) to conduct fishing vessel safety training for vessel
    operators and crewmembers that--
    ``(i) in the case of vessel operators, meets the
    requirements of subsection (g); and
    ``(ii) in the case of crewmembers, meets the
    requirements of subsection (g)(2)(A), such requirements
    of subsection (g)(2)(B) as are appropriate for
    crewmembers, and the requirements of subsections
    (g)(2)(D), (g)(3), and (g)(4); and
    ``(B) for purchase of safety equipment and training aids for
    use in those fishing vessel safety training programs.

    ``(2) The Secretary shall award grants under this subsection on a
    competitive basis.
    ``(3) The Federal share of the cost of any activity carried out with
    a grant under this subsection shall not exceed 75 percent.
    ``(4) There is authorized to be appropriated $3,000,000 for each of
    fiscal years 2010 through 2014 for grants under this subsection.
    ``(j)(1) <> The Secretary shall establish a Fishing
    Safety Research Grant Program to provide funding to individuals in
    academia, members of non-profit organizations and businesses involved in
    fishing and maritime matters, and other persons with expertise in
    fishing safety, to conduct research on methods of improving the safety
    of the commercial fishing industry, including vessel design, emergency
    and survival equipment, enhancement of vessel monitoring systems,
    communications devices, de-icing technology, and severe weather
    detection.

    ``(2) The Secretary shall award grants under this subsection on a
    competitive basis.
    ``(3) The Federal share of the cost of any activity carried out with
    a grant under this subsection shall not exceed 75 percent.
    ``(4) There is authorized to be appropriated $3,000,000 for each
    fiscal years 2010 through 2014 for activities under this subsection.''.
    (b) Conforming Amendment.--Section 4506(b) of title 46, United
    States Code, is repealed.
    (c) Advisory Committee.--

    [[Page 2965]]

    (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.--
    (1) Limitation on exemption for fishing vessels.--Section
    5102(b)(3) of title 46, United States Code, is amended by
    inserting after ``vessel'' the following ``, unless the vessel
    is built after July 1, 2012''.
    (2) Alternate program for certain fishing vessels.--Section
    5103 of title 46, United States Code, is amended by adding at
    the end the following:

    [[Page 2966]]

    ``(c) A fishing vessel built on or before July 1, 2012, that
    undergoes a substantial change to the dimension of or type of the vessel
    completed after the later of July 1, 2012, or the date the Secretary
    establishes standards for an alternate loadline compliance program,
    shall comply with such an alternative loadline compliance program that
    is developed in cooperation with the commercial fishing industry and
    prescribed by the Secretary.''.
    (e) Classing of Vessels.--
    (1) In general.--Section 4503 of title 46, United States
    Code, is amended--
    (A) by striking the section heading and inserting
    the following:
    ``Sec. 4503. Fishing, fish tender, and fish processing vessel
    certification'';
    (B) in subsection (a) by striking ``fish
    processing''; and
    (C) by adding at the end the following:

    ``(c) This <> section applies to a vessel to
    which section 4502(b) of this title applies that is at least 50 feet
    overall in length and is built after July 1, 2012.

    ``(d)(1) <> After January 1, 2020, a fishing
    vessel, fish processing vessel, or fish tender vessel to which section
    4502(b) of this title applies shall comply with an alternate safety
    compliance program that is developed in cooperation with the commercial
    fishing industry and prescribed by the Secretary, if the vessel--
    ``(A) is at least 50 feet overall in length;
    ``(B) is built before July 1, 2012; and
    ``(C) is 25 years of age or older.

    ``(2) A fishing vessel, fish processing vessel, or fish tender
    vessel built before July 1, 2012, that undergoes a substantial change to
    the dimension of or type of vessel completed after the later of July 1,
    2012, or the date the Secretary establishes standards for an alternate
    safety compliance program, shall comply with such an alternative safety
    compliance program that is developed in cooperation with the commercial
    fishing industry and prescribed by the Secretary.
    ``(3) Alternative safety compliance programs may be developed for
    purposes of paragraph (1) for specific regions and fisheries.
    ``(4) <> Notwithstanding paragraph
    (1), vessels owned by a person that owns more than 30 vessels subject to
    that paragraph are not required to meet the alternate safety compliance
    requirements of that paragraph until January 1, 2030, if that owner
    enters into a compliance agreement with the Secretary that provides for
    a fixed schedule for all of the vessels owned by that person to meet
    requirements of that paragraph by that date and the vessel owner is
    meeting that schedule.

    ``(5) <> A fishing vessel, fish processing
    vessel, or fish tender vessel to which section 4502(b) of this title
    applies that was classed before July 1, 2012, shall--
    ``(A) remain subject to the requirements of a classification
    society approved by the Secretary; and
    ``(B) <> have on board a certificate
    from that society.''.
    (2) Clerical <> amendment.--The table of
    sections at the beginning of chapter 45 of title 46, United
    States Code, is amended by striking the item relating to such
    section and inserting the following:

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

    [[Page 2967]]

    (f) Alternative Safety Compliance Program.--No <> later than January 1, 2017, the Secretary of the
    department in which the Coast Guard is operating shall prescribe an
    alternative safety compliance program referred to in section 4503(d)(1)
    of the title 46, United States Code, as amended by this section.
    SEC. 605. MARINER RECORDS.

    Section 7502 of title 46, United States Code, is amended--
    (1) by inserting ``(a)'' before ``The'';
    (2) by striking ``computerized records'' and inserting
    ``records, including electronic records,''; and
    (3) by adding at the end the following:

    ``(b) <> The Secretary may prescribe regulations
    requiring a vessel owner or managing operator of a commercial vessel, or
    the employer of a seaman on that vessel, to maintain records of each
    individual engaged on the vessel subject to inspection under chapter 33
    on matters of engagement, discharge, and service for not less than 5
    years after the date of the completion of the service of that individual
    on the vessel. The regulations may require that a vessel owner, managing
    operator, or employer shall make these records available to the
    individual and the Coast Guard on request.

    ``(c) <> A person violating this section, or a
    regulation prescribed under this section, is liable to the United States
    Government for a civil penalty of not more than $5,000.''.
    SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR
    OPERATORS OF CERTAIN TOWING VESSELS.

    Section 8905 of title 46, United States Code, is amended--
    (1) by striking subsection (b); and
    (2) by redesignating subsection (c) as subsection (b).
    SEC. 607. LOG BOOKS.

    (a) In General.--Chapter 113 of title 46, United States Code, is
    amended by adding at the end the following:
    ``Sec. 11304. Additional logbook and entry requirements

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

    (b) Clerical <> Amendment.--The table of
    sections at the beginning of such chapter is amended by adding at the
    end the following:

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

    SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS.

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

    [[Page 2968]]

    ``Sec. 2117. Termination for unsafe operation

    ``An individual authorized to enforce this title--
    ``(1) may remove a certificate required by this title from a
    vessel that is operating in a condition that does not comply
    with the provisions of the certificate;
    ``(2) may order the individual in charge of a vessel that is
    operating that does not have on board the certificate required
    by this title to return the vessel to a mooring and to remain
    there until the vessel is in compliance with this title; and
    ``(3) may direct the individual in charge of a vessel to
    which this title applies to immediately take reasonable steps
    necessary for the safety of individuals on board the vessel if
    the official observes the vessel being operated in an unsafe
    condition that the official believes creates an especially
    hazardous condition, including ordering the individual in charge
    to return the vessel to a mooring and to remain there until the
    situation creating the hazard is corrected or ended.
    ``Sec. 2118. Establishment of equipment standards

    ``(a) In establishing standards for approved equipment required on
    vessels subject to part B of this title, the Secretary shall establish
    standards that are--
    ``(1) based on performance using the best available
    technology that is economically achievable; and
    ``(2) operationally practical.

    ``(b) Using the standards established under subsection (a), the
    Secretary may also certify lifesaving equipment that is not required to
    be carried on vessels subject to part B of this title to ensure that
    such equipment is suitable for its intended purpose.
    ``(c) At <> least once every 10 years the
    Secretary shall review and revise the standards established under
    subsection (a) to ensure that the standards meet the requirements of
    this section.''.

    (b) Clerical <> Amendment.--The table of
    sections at the beginning of such chapter is further amended by adding
    at the end the following:

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

    SEC. 609. APPROVAL OF SURVIVAL CRAFT.

    (a) In General.--Chapter 31 of title 46, United States Code, is
    amended by adding at the end the following new section:
    ``Sec. 3104. Survival craft

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

    (b) Clerical <> Amendment.--The table of
    sections at the beginning of such chapter is amended by adding at the
    end the following:

    ``3104. Survival craft.''.

    [[Page 2969]]

    SEC. 610. SAFETY MANAGEMENT.

    (a) Vessels to Which Requirements Apply.--Section 3202 of title 46,
    United States Code, is amended--
    (1) in subsection (a) by striking the heading and inserting
    ``Foreign Voyages and Foreign Vessels.--'';
    (2) by redesignating subsections (b) and (c) as subsections
    (c) and (d), respectively;
    (3) by inserting after subsection (a) the following:

    ``(b) Other Passenger Vessels.--This chapter applies to a vessel
    that is--
    ``(1) a passenger vessel or small passenger vessel; and
    ``(2) is transporting more passengers than a number
    prescribed by the Secretary based on the number of individuals
    on the vessel that could be killed or injured in a marine
    casualty.'';
    (4) in subsection (d), as so redesignated, by striking
    ``subsection (b)'' and inserting ``subsection (c)''; and
    (5) in subsection (d)(4), as so redesignated, by inserting
    ``that is not described in subsection (b) of this section''
    after ``waters''.

    (b) Safety Management System.--Section 3203 of title 46, United
    States Code, is amended by adding at the end the following new
    subsection:
    ``(c) In <> prescribing regulations for
    passenger vessels and small passenger vessels, the Secretary shall
    consider--
    ``(1) the characteristics, methods of operation, and nature
    of the service of these vessels; and
    ``(2) with respect to vessels that are ferries, the sizes of
    the ferry systems within which the vessels operate.''.
    SEC. 611. PROTECTION AGAINST DISCRIMINATION.

    (a) In General.--Section 2114 of title 46, United States Code, is
    amended--
    (1) in subsection (a)(1)(A), by striking ``or'' after the
    semicolon;
    (2) in subsection (a)(1)(B), by striking the period at the
    end and inserting a semicolon;
    (3) by adding at the end of subsection (a)(1) the following
    new subparagraphs:
    ``(C) the seaman testified in a proceeding brought to
    enforce a maritime safety law or regulation prescribed under
    that law;
    ``(D) the <> seaman notified, or
    attempted to notify, the vessel owner or the Secretary of a
    work-related personal injury or work-related illness of a
    seaman;
    ``(E) the seaman cooperated with a safety investigation by
    the Secretary or the National Transportation Safety Board;
    ``(F) the seaman furnished information to the Secretary, the
    National Transportation Safety Board, or any other public
    official as to the facts relating to any marine casualty
    resulting in injury or death to an individual or damage to
    property occurring in connection with vessel transportation; or
    ``(G) the seaman accurately reported hours of duty under
    this part.''; and
    (4) by amending subsection (b) to read as follows:

    ``(b) A seaman alleging discharge or discrimination in violation of
    subsection (a) of this section, or another person at the seaman's
    request, may file a complaint with respect to such allegation in

    [[Page 2970]]

    the same manner as a complaint may be filed under subsection (b) of
    section 31105 of title 49. Such complaint shall be subject to the
    procedures, requirements, and rights described in that section,
    including with respect to the right to file an objection, the right of a
    person to file for a petition for review under subsection (c) of that
    section, and the requirement to bring a civil action under subsection
    (d) of that section.''.
    (b) Existing <> Actions.--This section
    shall not affect the application of section 2114(b) of title 46, United
    States Code, as in effect before the date of enactment of this Act, to
    an action filed under that section before that date.
    SEC. 612. OIL FUEL TANK PROTECTION.

    Section 3306 of title 46, United States Code, is amended by adding
    at the end the following new subsection:
    ``(k)(1) Each <> vessel of the United States that
    is constructed under a contract entered into after the date of enactment
    of the Maritime Safety Act of 2010, or that is delivered after January
    1, 2011, with an aggregate capacity of 600 cubic meters or more of oil
    fuel, shall comply with the requirements of Regulation 12A under Annex I
    to the Protocol of 1978 relating to the International Convention for the
    Prevention of Pollution from Ships, 1973, entitled `Oil Fuel Tank
    Protection'.

    ``(2) The Secretary may prescribe regulations to apply the
    requirements described in Regulation 12A to vessels described in
    paragraph (1) that are not otherwise subject to that convention. Any
    such regulation shall be considered to be an interpretive rule for the
    purposes of section 553 of title 5.
    ``(3) In <> this subsection the term `oil fuel'
    means any oil used as fuel in connection with the propulsion and
    auxiliary machinery of the vessel in which such oil is carried.''.
    SEC. 613. OATHS.

    Section 7105 of title 46, United States Code, is amended by striking
    ``before a designated official''.
    SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND
    MERCHANT MARINERS' DOCUMENTS.

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

    (b) Duration of Licenses.--Section 7106 of such title is amended to
    read as follows:

    [[Page 2971]]

    ``Sec. 7106. Duration of licenses

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

    ``(a) In General.--A certificate of registry issued under this part
    is valid for a 5-year period and may be renewed for additional 5-year
    periods; except that the validity of a certificate issued to a medical
    doctor or professional nurse is conditioned on the continuous possession
    by the holder of a license as a medical doctor or registered nurse,
    respectively, issued by a State.
    ``(b) Advance Renewals.--A renewed certificate of registry issued
    under this part may be issued up to 8 months in advance but is not
    effective until the date that the previously issued certificate of
    registry expires or until the completion of any active suspension or
    revocation of that previously issued merchant mariner's document,
    whichever is later.''.
    SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES,
    CERTIFICATES OF REGISTRY, AND MERCHANT
    MARINERS' DOCUMENTS.

    (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title
    46, United States Code, is amended by adding at the end the following:
    ``Sec. 7507. Authority to extend the duration of licenses,
    certificates of registry, and merchant mariner
    documents

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

    ``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g),
    the Secretary may--
    ``(1) extend for not more than one year an expiring merchant
    mariner's document issued for an individual under

    [[Page 2972]]

    chapter 73 if the Secretary determines that the extension is
    required to enable the Coast Guard to eliminate a backlog in
    processing applications for those licenses or certificates of
    registry or in response to a national emergency or natural
    disaster, as deemed necessary by the Secretary; or
    ``(2) issue for not more than five years an expiring
    merchant mariner's document issued for an individual under
    chapter 73 for the exclusive purpose of aligning the expiration
    date of such merchant mariner's document with the expiration
    date of a merchant mariner's document.

    ``(c) Manner of Extension.--Any extensions granted under this
    section may be granted to individual seamen or a specifically identified
    group of seamen.''.
    (b) Clerical <> Amendment.--The analysis for
    such chapter is amended by adding at the end the following:

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

    SEC. 616. MERCHANT MARINER ASSISTANCE REPORT.

    Not later than 180 days after the date of enactment of this Act, the
    Commandant of the Coast Guard shall submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Commerce, Science, and Transportation of the Senate a
    report regarding the feasibility of--
    (1) expanding the streamlined evaluation process program
    that was affiliated with the Houston Regional Examination Center
    of the Coast Guard to all processing centers of the Coast Guard
    nationwide;
    (2) including proposals to simplify the application process
    for a license as an officer, staff officer, or operator and for
    a merchant mariner's document to help eliminate errors by
    merchant mariners when completing the application form (CG-
    719B), including instructions attached to the application form
    and a modified application form for renewals with questions
    pertaining only to the period of time since the previous
    application;
    (3) providing notice to an applicant of the status of the
    pending application, including a process to allow the applicant
    to check on the status of the application by electronic means;
    and
    (4) ensuring that all information collected with respect to
    applications for new or renewed licenses, merchant mariner
    documents, and certificates of registry is retained in a secure
    electronic format.
    SEC. 617. OFFSHORE SUPPLY VESSELS.

    (a) Removal of Tonnage Limits.--
    (1) Definition.--
    (A) In general.--Section 2101(19) of title 46,
    United States Code, is amended by striking ``of more
    than 15 gross tons but less than 500 gross tons as
    measured under section 14502 of this title, or an
    alternate tonnage measured under section 14302 of this
    title as prescribed by the Secretary under section 14104
    of this title''.
    (B) Exemption.--Section 5209(b)(1) of the Oceans Act
    of 1992 (Public Law 102-587; 46 U.S.C. 2101 note) is

    [[Page 2973]]

    amended by striking ``vessel.'' and inserting ``vessel
    of less than 500 gross tons as measured under section
    14502, or an alternate tonnage measured under section
    14302 of such title as prescribed by the Secretary under
    section 14104 of such title.''.
    (2) Application.--Section 3702(b) of title 46, United States
    Code, is amended by striking paragraph (1) and redesignating
    paragraphs (2) and (3) as paragraphs (1) and (2), respectively.

    (b) Scale of Employment: Able Seamen.--Section 7312(d) of title 46,
    United States Code, is amended to read as follows:
    ``(d) Individuals qualified as able seamen--offshore. supply vessel
    under section 7310 of this title may constitute all of the able seamen
    required on board a vessel of less than 500 gross tons as measured under
    section 14502 of this title or 6,000 gross tons as measured under
    section 14302 of this title engaged in support of exploration,
    exploitation, or production of offshore mineral or energy resources.
    Individuals qualified as able seamen--limited under section 7308 of this
    title may constitute all of the able seamen required on board a vessel
    of at least 500 gross tons as measured under section 14502 of this title
    or 6,000 gross tons as measured under section as measured under section
    14302 of this title as prescribed by the Secretary under section 14104
    of this title engaged in support of exploration, exploitation, or
    production of offshore mineral or energy resources.''.
    (c) Minimum Number of Licensed Individuals.--Section 8301(b) of
    title 46, United States Code, is amended to read as follows:
    ``(b)(1) An offshore supply vessel of less than 500 gross tons as
    measured under section 14502 of this title or 6,000 gross tons as
    measured under section 14302 of this title on a voyage of less than 600
    miles shall have a licensed mate. If the vessel is on a voyage of at
    least 600 miles, however, the vessel shall have 2 licensed mates.
    ``(2) An offshore supply vessel of at least 6,000 gross tons as
    measured under section 14302 of this title on a voyage of less than 600
    miles shall have at least two licensed mates, provided the offshore
    supply vessel meets the requirements of section 8104(g)(2). An offshore
    supply vessel of at least 6,000 gross tons as measured under section
    14302 of this title on a voyage of at least 600 miles shall have three
    licensed mates.
    ``(3) An offshore supply vessel of more than 200 gross tons as
    measured under section 14502 of this title, or an alternate tonnage
    measured under section 14302 of this title as prescribed by the
    Secretary under section 14104 of this title, may not be operated without
    a licensed engineer.''.
    (d) Watches.--Section 8104(g) of title 46, United States Code, is
    amended--
    (1) by inserting ``(1)'' after ``(g)''; and
    (2) by adding at the end the following:

    ``(2) <> Paragraph (1) applies to an offshore
    supply vessel of at least 6,000 gross tons as measured under section
    14302 of this title if the individuals engaged on the vessel are in
    compliance with hours of service requirements (including recording and
    recordkeeping of that service) as prescribed by the Secretary.''.

    (e) Oil <> Fuel Tank Protection.--
    (1) Application.--An <> offshore supply
    vessel of at least 6,000 gross tons as measured under section
    14302 of title

    [[Page 2974]]

    46, United States Code, that is constructed under a contract
    entered into after the date of enactment of this Act, or that is
    delivered after August 1, 2010, with an aggregate capacity of
    600 cubic meters or more of oil fuel, shall comply with the
    requirements of Regulation 12A under Annex I to the Protocol of
    1978 relating to the International Convention for the Prevention
    of Pollution from Ships, 1973, entitled Oil Fuel Tank
    Protection, regardless of whether such vessel is engaged in the
    coastwise trade or on an international voyage.
    (2) Definition.--In this subsection the term ``oil fuel''
    means any oil used as fuel in connection with the propulsion and
    auxiliary machinery of the vessel in which such oil is carried.

    (f) <>  Regulations.--
    (1) In general.--Not <> later than January
    1, 2012, the Secretary of the department in which the Coast
    Guard is operating shall promulgate regulations to implement the
    amendments and authorities enacted by this section for offshore
    supply vessels of at least 6,000 gross tons as measured under
    section 14302 of title 46, United States Code, and to ensure the
    safe carriage of oil, hazardous substances, and individuals in
    addition to the crew on such vessels. The final rule issued
    pursuant to such rulemaking may supersede the interim final rule
    promulgated under paragraph (2) of this subsection. In
    promulgating regulations under this subsection, the Secretary
    shall take into consideration the characteristics of offshore
    supply vessels, their methods of operation, and their service in
    support of exploration, exploitation, or production of offshore
    mineral or energy resources.
    (2) Interim final rule authority.--As soon as is practicable
    and without regard to the provisions of chapters 5 and 6 of
    title 5, United States Code, the Secretary shall issue an
    interim final rule as a temporary regulation implementing this
    section (including the amendments made by this section) for
    offshore supply vessels of at least 6,000 gross tons as measured
    under section 14302 of title 46, United States Code, and to
    ensure the safe carriage of oil, hazardous substances, and
    individuals in addition to the crew on such vessels.
    (3) Interim period.--After the effective date of this Act,
    prior to the effective date of the regulations prescribed by
    paragraph (2) of this subsection, and without regard to the
    provisions of chapters 5 and 6 of title 5, United States Code,
    and the offshore supply vessel tonnage limits of applicable
    regulations and policy guidance promulgated prior to the date of
    enactment of this Act, the Secretary of the department in which
    the Coast Guard is operating may--
    (A) issue a certificate of inspection under section
    3309 of title 46, United States Code, to an offshore
    supply vessel of at least 6,000 gross tons as measured
    under section 14302 of that title if the Secretary
    determines that such vessel's arrangements and equipment
    meet the current Coast Guard requirements for
    certification as a cargo and miscellaneous vessel;
    (B) authorize a master, mate, or engineer who
    possesses an ocean or near coastal license and
    endorsement under part 11 of subchapter B of title 46,
    Code of Federal Regulations, (or any successor
    regulation) that qualifies

    [[Page 2975]]

    the licensed officer for service on offshore supply
    vessels of at least 3,000 gross tons but less than 6,000
    gross tons, as measured under section 14302 of title 46,
    United States Code, to operate offshore supply vessels
    of at least 6,000 gross tons, as measured under such
    section; and
    (C) authorize any such master, mate, or engineer who
    also possesses an ocean or near coastal license and
    endorsement under such part that qualifies the licensed
    officer for service on non trade-restricted vessels of
    at least 1,600 gross tons but less than 3,000 gross
    tons, as measured under such section, to increase the
    tonnage limitation of such license and endorsement under
    section 402(c) of such part, using service on vessels
    certificated under both subchapters I and L of such
    title and measured only under such section, except that
    such tonnage limitation shall not exceed 10,000 gross
    tons as measured under such section.
    SEC. 618. ASSOCIATED EQUIPMENT.

    Section 2101(1)(B) of title 46, United States Code, is amended by
    inserting ``with the exception of emergency locator beacons for
    recreational vessels operating beyond 3 nautical miles from the
    baselines from which the territorial sea of the United States is
    measured or beyond 3 nautical miles from the coastline of the Great
    Lake,'' before ``does''.
    SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS.

    Section 4102(b) of title 46, United States Code, is amended to read
    as follows:
    ``(b) The <> Secretary shall prescribe
    regulations requiring the installation, maintenance, and use of life
    preservers and other lifesaving devices for individuals on board
    uninspected vessels.''.
    SEC. 620. <> STUDY OF BLENDED FUELS IN MARINE
    APPLICATION.

    (a) Survey.--
    (1) In general.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Homeland Security,
    acting through the Commandant of the Coast Guard, shall submit a
    survey of published data and reports, pertaining to the use,
    safety, and performance of blended fuels in marine applications,
    to the Committee on Transportation and Infrastructure of the
    House of Representatives and the Committees on Commerce,
    Science, and Transportation of the Senate.
    (2) Included information.--To the extent possible, the
    survey required in subsection (a), shall include data and
    reports on--
    (A) the impact of blended fuel on the operation,
    durability, and performance of recreational and
    commercial marine engines, vessels, and marine engine
    and vessel components and associated equipment;
    (B) the safety impacts of blended fuels on consumers
    that own and operate recreational and commercial marine
    engines and marine engine components and associated
    equipment; and
    (C) to the extent available, fires and explosions on
    board vessels propelled by engines using blended fuels.

    (b) Study.--

    [[Page 2976]]

    (1) In general.--Not later than 36 months after the date of
    enactment of this Act, the Secretary, acting through the
    Commandant, shall conduct a comprehensive study on the use,
    safety, and performance of blended fuels in marine applications.
    The Secretary is authorized to conduct such study in conjunction
    with--
    (A) any other Federal agency;
    (B) any State government or agency;
    (C) any local government or agency, including local
    police and fire departments; and
    (D) any private entity, including engine and vessel
    manufacturers.
    (2) Evaluation.--The study shall include an evaluation of--
    (A) the impact of blended fuel on the operation,
    durability and performance of recreational and
    commercial marine engines, vessels, and marine engine
    and vessel components and associated equipment;
    (B) the safety impacts of blended fuels on consumers
    that own and operate recreational and commercial marine
    engines and marine engine components and associated
    equipment; and
    (C) fires and explosions on board vessels propelled
    by engines using blended fuels.

    (c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of Homeland Security to carry out the
    survey and study under this section $1,000,000.
    SEC. 621. RENEWAL OF ADVISORY COMMITTEES.

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

    (c) Houston-Galveston Navigation Safety Advisory Committee.--Section
    18(h) of the Coast Guard Authorization Act of 1991 (Public Law 102-241
    as amended by Public Law 104-324) is amended by <> striking ``September 30, 2010.'' and inserting ``September 30,
    2020.''.

    (d) Lower Mississippi River Waterway Safety Advisory Committee.--
    Section 19 of the Coast Guard Authorization Act of 1991 (Public Law 102-
    241) <>  is amended--
    (1) in subsection (b)--
    (A) in the matter preceding paragraph (1), by
    striking ``twenty-four'' and inserting ``twenty-five'';
    and
    (B) by adding at the end the following new
    paragraph:
    ``(12) One member representing the Associated Federal Pilots
    and Docking Masters of Louisiana.''; and
    (2) in subsection (g), by striking ``September 30, 2010.''
    and inserting ``September 30, 2020.''.

    (e) Towing Safety Advisory Committee.--The Act entitled ``An Act To
    establish a Towing Safety Advisory Committee in the Department of
    Transportation'', approved October 6, 1980, (33 U.S.C. 1231a) is
    amended--

    [[Page 2977]]

    (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.

    [[Page 2978]]

    ``(b) Functions.--The <> Council shall advise, consult with, and make recommendations to
    the Secretary, through the Coast Guard Commandant, on matters relating
    to maritime collisions, rammings, groundings, Inland Rules of the Road,
    International Rules of the Road, navigation regulations and equipment,
    routing measures, marine information, diving safety, and aids to
    navigation systems. Any advice and recommendations made by the Council
    to the Secretary shall reflect the independent judgment of the Council
    on the matter concerned. <> The Council shall meet at
    the call of the Coast Guard Commandant, but in any event not less than
    twice during each calendar year. All <>  proceedings of the Council shall be public, and a record
    of the proceedings shall be made available for public inspection.''; and
    (2) in subsection (d), by striking ``September 30, 2010.''
    and inserting ``September 30, 2020.''.

    (g) Delaware River and Bay Oil Spill Advisory Committee.--
    (1) In general.--Section 607 of the Coast Guard and Maritime
    Transportation Act of 2006 (Public Law 109-241; 120 Stat. 556)
    is amended--
    (A) in subsection (c)(2), by striking ``Not later
    than 18 months after the date that the Commandant
    completes appointment of the members of the Committee,''
    and inserting ``Not later than December 31, 2010,'';
    (B) in subsection (h), by striking ``2007'' and
    inserting ``2011''; and
    (C) by striking subsection (i) and inserting the
    following:

    ``(i) Termination.--The <> Committee shall
    terminate 30 days after it transmits its report, pursuant to subsection
    (c)(2), but no later than December 31, 2010, whichever is earlier.''.
    (2) Effective date.--The amendments made by this subsection
    are deemed to have taken effect as if they were enacted on July
    11, 2006.
    (3) Charter.--Any charter pertaining to the Delaware River
    and Bay Oil Spill Advisory Committee is deemed not to have
    lapsed, and to have remained in effect, and, notwithstanding any
    other provision of law or policy, shall terminate 30 days after
    the date the Committee transmits its report, pursuant to section
    607(c)(2) of the Coast Guard and Maritime Transportation Act of
    2006 (Public Law 109-241; 120 Stat. 557), but not later than
    December 31, 2010, whichever is earlier.
    (4) Appointments to committee.--Any appointment to the
    Delaware River and Bay Oil Spill Advisory Committee is deemed
    not to have lapsed, and to have remained in effect, and,
    notwithstanding any other provision of law or policy, shall
    terminate 30 days after the Committee transmits its report,
    pursuant to section 607(c)(2) of the Coast Guard and Maritime
    Transportation Act of 2006 (Public Law 109-241; 120 Stat. 557),
    but not later than December 31, 2010, whichever is earlier.
    SEC. 622. DELEGATION OF AUTHORITY.

    (a) In General.--Section 3316 of title 46, United States Code, is
    amended by adding at the end the following new subsection:

    [[Page 2979]]

    ``(d)(1) The Secretary may delegate to the American Bureau of
    Shipping or another classification society recognized by the Secretary
    as meeting acceptable standards for such a society, for a United States
    offshore facility, the authority to--
    ``(A) review and approve plans required for issuing a
    certificate of inspection, a certificate of compliance, or any
    other certification and related documents issued by the Coast
    Guard pursuant to regulations issued under section 30 of the
    Outer Continental Shelf Lands Act (43 U.S.C. 1356); and
    ``(B) conduct inspections and examinations.

    ``(2) The Secretary may make a delegation under paragraph (1) to a
    foreign classification society only if--
    ``(A) the foreign society has offices and maintains records
    in the United States; and
    ``(B)(i) the government of the foreign country in which the
    foreign society is headquartered delegates that authority to the
    American Bureau of Shipping; or
    ``(ii) <> the Secretary has entered into
    an agreement with the government of the foreign country in which
    the foreign society is headquartered that--
    ``(I) ensures the government of the foreign country
    will accept plan review, inspections, or examinations
    conducted by the American Bureau of Shipping and provide
    equivalent access to inspect, certify, and provide
    related services to offshore facilities located in that
    country or operating under the authority of that
    country; and
    ``(II) is in full accord with principles of
    reciprocity in regards to any delegation contemplated by
    the Secretary under paragraph (1).

    ``(3) If an inspection or examination is conducted under authority
    delegated under this subsection, the person to which the authority was
    delegated--
    ``(A) <> shall maintain in the United States
    complete files of all information derived from or necessarily
    connected with the inspection or examination for at least 2
    years after the United States offshore facility ceases to be
    certified; and
    ``(B) shall permit access to those files at all reasonable
    times to any officer, employee, or member of the Coast Guard
    designated--
    ``(i) as a marine inspector and serving in a
    position as a marine inspector; or
    ``(ii) in writing by the Secretary to have access to
    those files.

    ``(4) <> For purposes of this subsection--
    ``(A) the term `offshore facility' means any installation,
    structure, or other device (including any vessel not documented
    under chapter 121 of this title or the laws of another country),
    fixed or floating, that dynamically holds position or is
    temporarily or permanently attached to the seabed or subsoil
    under the sea; and
    ``(B) the term `United States offshore facility' means any
    offshore facility, fixed or floating, that dynamically holds
    position or is temporarily or permanently attached to the seabed
    or subsoil under the territorial sea of the United States or the
    outer Continental Shelf (as that term is defined in section 2 of
    the Outer Continental Shelf Lands Act (43 U.S.C. 1331)),
    including any vessel, rig, platform, or other vehicle or
    structure

    [[Page 2980]]

    subject to regulation under section 30 of the Outer Continental
    Shelf Lands Act (43 U.S.C. 1356).''.

    (b) Review and Approval of Classification Society Required.--Section
    3316(c) of title 46, United States Code, is amended by striking so much
    as precedes paragraph (2) and inserting the following:
    ``(c)(1) A classification society (including an employee or agent of
    that society) may not review, examine, survey, or certify the
    construction, repair, or alteration of a vessel in the United States
    unless the society has applied for approval under this subsection and
    the Secretary has reviewed and approved that society with respect to the
    conduct of that society under paragraph (2).''.

    TITLE VII--OIL POLLUTION PREVENTION

    SEC. 701. <> RULEMAKINGS.

    (a) Status <> Report.--
    (1) In general.--Not later than 90 days after the date of
    enactment of this Act, the Secretary of the department in which
    the Coast Guard is operating shall provide a report to the
    Senate Committee on Commerce, Science, and Transportation and
    the House of Representatives Committee on Transportation and
    Infrastructure on the status of all Coast Guard rulemakings
    required or otherwise being developed (but for which no final
    rule has been issued as of the date of enactment of this Act)
    under section 311 of the Federal Water Pollution Control Act (33
    U.S.C. 1321).
    (2) Information required.--The Secretary shall include in
    the report required in paragraph (1)--
    (A) a detailed explanation with respect to each such
    rulemaking as to--
    (i) what steps have been completed;
    (ii) what areas remain to be addressed; and
    (iii) the cause of any delays; and
    (B) the date by which a final rule may reasonably be
    expected to be issued.

    (b) Final <> Rules.--The Secretary shall
    issue a final rule in each pending rulemaking described in subsection
    (a) as soon as practicable, but in no event later than 18 months after
    the date of enactment of this Act.

    (c) Towing <> Vessels.--No later than 90
    days after the date of enactment of this Act, the Secretary shall issue
    a notice of proposed rulemaking regarding inspection requirements for
    towing vessels required under section 3306(j) of title 46, United States
    Code. The Secretary shall issue a final rule pursuant to that rulemaking
    no later than 1 year after the date of enactment of this Act.
    SEC. 702. <> OIL TRANSFERS FROM VESSELS.

    (a) Regulations.--Within <>  1 year after the date
    of enactment of this Act, the Secretary shall promulgate regulations to
    reduce the risks of oil spills in operations involving the transfer of
    oil from or to a tank vessel. The regulations--

    [[Page 2981]]

    (1) shall focus on operations that have the highest risks of
    discharge, including operations at night and in inclement
    weather;
    (2) shall consider--
    (A) requirements for the use of equipment, such as
    putting booms in place for transfers, safety, and
    environmental impacts;
    (B) operational procedures such as manning
    standards, communications protocols, and restrictions on
    operations in high-risk areas; or
    (C) both such requirements and operational
    procedures; and
    (3) shall take into account the safety of personnel and
    effectiveness of available procedures and equipment for
    preventing or mitigating transfer spills.

    (b) Application With State Laws.--The regulations promulgated under
    subsection (a) do not preclude the enforcement of any State law or
    regulation the requirements of which are at least as stringent as
    requirements under the regulations (as determined by the Secretary)
    that--
    (1) applies in State waters; and
    (2) does not conflict with, or interfere with the
    enforcement of, requirements and operational procedures under
    the regulations.
    SEC. 703. <> IMPROVEMENTS TO REDUCE HUMAN
    ERROR AND NEAR MISS INCIDENTS.

    (a) Report.--Within 1 year after the date of enactment of this Act,
    the Secretary shall transmit a report to the Senate Committee on
    Commerce, Science, and Transportation and the House Committee on
    Transportation and Infrastructure that, using available data--
    (1) identifies the types of human errors that, combined,
    could cause oil spills, with particular attention to human error
    caused by fatigue, in the past 10 years;
    (2) in consultation with representatives of industry and
    labor and experts in the fields of marine casualties and human
    factors, identifies the most frequent types of near-miss oil
    spill incidents involving vessels such as collisions, allisions,
    groundings, and loss of propulsion in the past 10 years;
    (3) describes the extent to which there are gaps in the data
    required under paragraphs (1) and (2), including gaps in the
    ability to define and identify fatigue, and explains the reason
    for those gaps; and
    (4) includes recommendations by the Secretary and
    representatives of industry and labor and experts in the fields
    of marine casualties and human factors to address the identified
    types of errors and any such gaps in the data.

    (b) Measures.--Based on the findings contained in the report
    required by subsection (a), the Secretary shall take appropriate action
    to reduce the risk of oil spills caused by human error.
    (c) Confidentiality of Voluntarily Submitted Information.--The
    identity of a person making a voluntary disclosure under this section,
    and any information obtained from any such voluntary disclosure, shall
    be treated as confidential.
    (d) Discovery of Voluntarily Submitted Information.--

    [[Page 2982]]

    (1) In general.--Except as provided in this subsection, a
    party in a judicial proceeding may not use discovery to obtain
    information or data collected or received by the Secretary for
    use in the report required in subsection (a).
    (2) Exception.--
    (A) Notwithstanding paragraph (1), a court may allow
    discovery by a party in a judicial proceeding of data
    described in paragraph (1) if, after an in camera review
    of the information or data, the court decides that there
    is a compelling reason to allow the discovery.
    (B) When a court allows discovery in a judicial
    proceeding as permitted under this paragraph, the court
    shall issue a protective order--
    (i) to limit the use of the data to the
    judicial proceeding; and
    (ii) to prohibit dissemination of the data to
    any person who does not need access to the data
    for the proceeding.
    (C) A court may allow data it has decided is
    discoverable under this paragraph to be admitted into
    evidence in a judicial proceeding only if the court
    places the data under seal to prevent the use of the
    data for a purpose other than for the proceeding.
    (3) Application.--Paragraph (1) shall not apply to--
    (A) any disclosure made with actual knowledge that
    the disclosure was false, inaccurate, or misleading; or
    (B) any disclosure made with reckless disregard as
    to the truth or falsity of that disclosure.

    (e) Restriction on Use of Data.--Data that is voluntarily submitted
    for the purpose of the study required under subsection (a) shall not be
    used in an administrative action under chapter 77 of title 46, United
    States Code.
    SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

    The Secretary of the Department in which the Coast Guard is
    operating and the Under Secretary of Commerce for Oceans and Atmosphere
    shall revise the area to be avoided off the coast of the State of
    Washington so that restrictions apply to all vessels required to prepare
    a response plan pursuant to section 311(j) of the Federal Water
    Pollution Control Act (33 U.S.C. 1321(j)) (other than fishing or
    research vessels while engaged in fishing or research within the area to
    be avoided).
    SEC. 705. <> PREVENTION OF SMALL OIL SPILLS.

    (a) Prevention and Education Program.--The Under Secretary of
    Commerce for Oceans and Atmosphere, in consultation with the Secretary
    of the Department in which the Coast Guard is operating and other
    appropriate agencies, shall establish an oil spill prevention and
    education program for small vessels. The program shall provide for
    assessment, outreach, and training and voluntary compliance activities
    to prevent and improve the effective response to oil spills from vessels
    and facilities not required to prepare a vessel response plan under the
    Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including
    recreational vessels, commercial fishing vessels, marinas, and
    aquaculture facilities. The Under Secretary may provide grants to sea
    grant colleges and institutes designated under section 207 of the
    National Sea Grant

    [[Page 2983]]

    College Program Act (33 U.S.C. 1126) and to State agencies, tribal
    governments, and other appropriate entities to carry out--
    (1) regional assessments to quantify the source, incidence
    and volume of small oil spills, focusing initially on regions in
    the country where, in the past 10 years, the incidence of such
    spills is estimated to be the highest;
    (2) voluntary, incentive-based clean marina programs that
    encourage marina operators, recreational boaters, and small
    commercial vessel operators to engage in environmentally sound
    operating and maintenance procedures and best management
    practices to prevent or reduce pollution from oil spills and
    other sources;
    (3) cooperative oil spill prevention education programs that
    promote public understanding of the impacts of spilled oil and
    provide useful information and techniques to minimize pollution,
    including methods to remove oil and reduce oil contamination of
    bilge water, prevent accidental spills during maintenance and
    refueling and properly cleanup and dispose of oil and hazardous
    substances; and
    (4) support for programs, including outreach and education
    to address derelict vessels and the threat of such vessels
    sinking and discharging oil and other hazardous substances,
    including outreach and education to involve efforts to the
    owners of such vessels.

    (b) Authorization of Appropriations.--There are authorized to be
    appropriated to the Under Secretary of Commerce for Oceans and
    Atmosphere to carry out this section, $10,000,000 for each of fiscal
    years 2010 through 2014.
    SEC. 706. <> IMPROVED COORDINATION WITH
    TRIBAL GOVERNMENTS.

    (a) In <> General.--Within 6
    months after the date of enactment of this Act, the Secretary of the
    Department in which the Coast Guard is operating shall complete the
    development of a tribal consultation policy, which recognizes and
    protects to the maximum extent practicable tribal treaty rights and
    trust assets in order to improve the Coast Guard's consultation and
    coordination with the tribal governments of federally recognized Indian
    tribes with respect to oil spill prevention, preparedness, response and
    natural resource damage assessment.

    (b) Inclusion of Tribal Government.--The Secretary of the Department
    in which the Coast Guard is operating shall ensure that, as soon as
    practicable after identifying an oil spill that is likely to have a
    significant impact on natural or cultural resources owned or directly
    utilized by a federally recognized Indian tribe, the Coast Guard will--
    (1) ensure that representatives of the tribal government of
    the affected tribes are included as part of the incident command
    system established by the Coast Guard to respond to the spill;
    (2) share information about the oil spill with the tribal
    government of the affected tribe; and
    (3) to the extent practicable, involve tribal governments in
    deciding how to respond to the spill.

    (c) Cooperative Arrangements.--The Coast Guard may enter into
    memoranda of agreement and associated protocols with Indian tribal
    governments in order to establish cooperative arrangements for oil
    pollution prevention, preparedness, and response. Such

    [[Page 2984]]

    memoranda may be entered into prior to the development of the tribal
    consultation and coordination policy to provide Indian tribes grant and
    contract assistance. Such memoranda of agreement and associated
    protocols with Indian tribal governments may include--
    (1) arrangements for the assistance of the tribal government
    to participate in the development of the National Contingency
    Plan and local Area Contingency Plans to the extent they affect
    tribal lands, cultural and natural resources;
    (2) arrangements for the assistance of the tribal government
    to develop the capacity to implement the National Contingency
    Plan and local Area Contingency Plans to the extent they affect
    tribal lands, cultural and natural resources;
    (3) provisions on coordination in the event of a spill,
    including agreements that representatives of the tribal
    government will be included as part of the regional response
    team co-chaired by the Coast Guard and the Environmental
    Protection Agency to establish policies for responding to oil
    spills;
    (4) arrangements for the Coast Guard to provide training of
    tribal incident commanders and spill responders for oil spill
    preparedness and response;
    (5) demonstration projects to assist tribal governments in
    building the capacity to protect tribal treaty rights and trust
    assets from oil spills; and
    (6) such additional measures the Coast Guard determines to
    be necessary for oil pollution prevention, preparedness, and
    response.

    (d) Funding for Tribal Participation.--Subject to the availability
    of appropriations, the Commandant of the Coast Guard shall provide
    assistance to participating tribal governments in order to facilitate
    the implementation of cooperative arrangements under subsection (c) and
    ensure the participation of tribal governments in such arrangements.
    There are authorized to be appropriated to the Commandant $500,000 for
    each of fiscal years 2010 through 2014 to be used to carry out this
    section.
    SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS
    OF OIL.

    Within 1 year after the date of enactment of this Act, the Secretary
    of the Department in which the Coast Guard is operating shall submit a
    report to the Senate Committee on Commerce, Science, and Transportation
    and the House of Representatives Committee on Transportation and
    Infrastructure on the availability, feasibility, and potential cost of
    technology to detect the loss of oil carried as cargo or as fuel on tank
    and non-tank vessels greater than 400 gross tons.
    SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND.

    (a) In General.--Section 1012(a)(5) of the Oil Pollution Act of 1990
    (33 U.S.C. 2712(a)(5)) is amended--
    (1) by redesignating subparagraphs (B) and (C) as
    subparagraphs (C) and (D), respectively; and
    (2) by inserting after subparagraph (A) the following:
    ``(B) not more than $15,000,000 in each fiscal year
    shall be available to the Under Secretary of Commerce
    for Oceans and Atmosphere for expenses incurred by, and
    activities related to, response and damage assessment
    capabilities of the National Oceanic and Atmospheric
    Administration;''.

    [[Page 2985]]

    (b) Audits; Annual Reports.--Section 1012 of the Oil Pollution Act
    of 1990 (33 U.S.C. 2712) is amended--
    (1) by striking subsection (g) and inserting the following:

    ``(g) Audits.--
    ``(1) In general.--The Comptroller General of the United
    States shall conduct an audit, including a detailed accounting
    of each disbursement from the Fund in excess of $500,000 that
    is--
    ``(A) disbursed by the National Pollution Fund
    Center and not reimbursed by the responsible party; and
    ``(B) administered and managed by the receiving
    Federal agencies, including final payments made to
    agencies and contractors and, to the extent possible,
    subcontractors.
    ``(2) Frequency.--The audits shall be conducted--
    ``(A) at least once every 3 years after the date of
    enactment of the Coast Guard Authorization Act of 2010
    until 2016; and
    ``(B) at least once every 5 years after the last
    audit conducted under subparagraph (A).
    ``(3) Submission of results.--The Comptroller shall submit
    the results of each audit conducted under paragraph (1) to--
    ``(A) the Senate Committee on Commerce, Science, and
    Transportation;
    ``(B) the House of Representatives Committee on
    Transportation and Infrastructure; and
    ``(C) the Secretary or Administrator of each agency
    referred to in paragraph (1)(B).''; and
    (2) by adding at the end thereof the following:

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

    [[Page 2986]]

    SEC. 709. <> INTERNATIONAL EFFORTS ON
    ENFORCEMENT.

    The Secretary of the department in which the Coast Guard is
    operating, in consultation with the heads of other appropriate Federal
    agencies, shall ensure that the Coast Guard pursues stronger enforcement
    in the International Maritime Organization of agreements related to oil
    discharges, including joint enforcement operations, training, and
    stronger compliance mechanisms.
    SEC. 710. HIGHER <> VOLUME PORT AREA REGULATORY
    DEFINITION CHANGE.

    (a) In General.--Within 1 year after the date of enactment of this
    Act, the Commandant shall initiate a rulemaking proceeding to modify the
    definition of the term ``higher volume port area'' in section 155.1020
    of the Coast Guard regulations (33 C.F.R. 155.1020) by striking ``Port
    Angeles, WA'' in paragraph (13) of that section and inserting ``Cape
    Flattery, WA''.
    (b) Vessel Response Plan Reviews.--Within 5 years after the date of
    enactment of this Act, the Coast Guard shall complete its review of any
    changes to vessel response plans under the Federal Water Pollution
    Control Act (33 U.S.C. 1251 et seq.) resulting from the modification of
    the higher volume port area definition required by subsection (a).
    SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS.

    (a) Comparability <> Analysis.--
    (1) In <> general.--Within 1 year after the
    date of enactment of this Act, the Commandant, in consultation
    with the Secretary of State, is strongly encouraged to enter
    into negotiations with the Government of Canada to update the
    comparability analysis which serves as the basis for the
    Cooperative Vessel Traffic Service agreement between the United
    States and Canada for the management of maritime traffic in
    Puget Sound, the Strait of Georgia, Haro Strait, Rosario Strait,
    and the Strait of Juan de Fuca. The updated analysis shall, at a
    minimum, consider--
    (A) requirements for laden tank vessels to be
    escorted by tug boats;
    (B) vessel emergency response towing capability at
    the entrance to the Strait of Juan de Fuca; and
    (C) spill response capability throughout the shared
    water, including oil spill response planning
    requirements for vessels bound for one nation transiting
    through the waters of the other nation.
    (2) Consultation requirement.--In conducting the analysis
    required under this subsection, the Commandant shall consult
    with the State of Washington and affected tribal governments.
    (3) Recommendations.--Within 18 months after the date of
    enactment of this Act, the Commandant shall submit
    recommendations based on the analysis required under this
    subsection to the Senate Committee on Commerce, Science, and
    Transportation and the House of Representatives Committee on
    Transportation and Infrastructure. The recommendations shall
    consider a full range of options for the management of maritime
    traffic, including Federal legislation, promulgation of Federal
    rules, and the establishment of cooperative agreements for
    shared funding of spill prevention and response systems.

    [[Page 2987]]

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

    (c) Preservation <> of State Authority.--
    Nothing in this Act or in any other provision of Federal law related to
    the regulation of maritime transportation of oil shall affect, or be
    construed or interpreted as preempting, the authority of any State or
    political subdivision thereof which require the escort by one or more
    tugs of laden oil tankers in the areas which are specified in section
    4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note).

    (d) Vessel Traffic Risk Assessment.--
    (1) Requirement.--The <> Commandant
    of the Coast Guard, acting through the appropriate Area
    Committee established under section 311(j)(4) of the Federal
    Water Pollution Control Act, shall prepare a vessel traffic risk
    assessment for Cook Inlet, Alaska, within 1 year after the date
    of enactment of this Act.
    (2) Contents.--The assessment shall describe, for the region
    covered by the assessment--
    (A) the amount and character of present and
    estimated future shipping traffic in the region; and
    (B) the current and projected use and effectiveness
    in reducing risk, of--
    (i) traffic separation schemes and routing
    measures;
    (ii) long-range vessel tracking systems
    developed under section 70115 of title 46, United
    States Code;
    (iii) towing, response, or escort tugs;
    (iv) vessel traffic services;
    (v) emergency towing packages on vessels;

    [[Page 2988]]

    (vi) increased spill response equipment
    including equipment appropriate for severe weather
    and sea conditions;
    (vii) the Automatic Identification System
    developed under section 70114 of title 46, United
    States Code;
    (viii) particularly sensitive sea areas, areas
    to be avoided, and other traffic exclusion zones;
    (ix) aids to navigation; and
    (x) vessel response plans.
    (3) Recommendations.--
    (A) In general.--The assessment shall include any
    appropriate recommendations to enhance the safety, or
    lessen potential adverse environmental impacts, of
    marine shipping.
    (B) Consultation.--Before making any recommendations
    under paragraph (1) for a region, the Area Committee
    shall consult with affected local, State, and Federal
    government agencies, representatives of the fishing
    industry, Alaska Natives from the region, the
    conservation community, and the merchant shipping and
    oil transportation industries.
    (4) Provision to congress.--The Commandant shall provide a
    copy of the assessment to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee
    on Commerce, Science, and Transportation of the Senate.
    SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY.

    Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(a))
    is amended--
    (1) by striking ``or'' after the semicolon in paragraph (1);
    (2) by inserting ``or'' after the semicolon in paragraph
    (2); and
    (3) by inserting after paragraph (2) the following:
    ``(3) any tank vessel over 100 gross tons using any place
    subject to the jurisdiction of the United States;''.
    SEC. 713. LIABILITY FOR USE OF SINGLE-HULL VESSELS.

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

    TITLE VIII--PORT SECURITY

    SEC. 801. AMERICA'S WATERWAY WATCH PROGRAM.

    (a) In General.--Chapter 701 of title 46, United States Code, is
    amended by adding at the end thereof the following:
    ``Sec. 70122. Waterway watch program

    ``(a) Program Established.--There is hereby established, within the
    Coast Guard, the America's Waterway Watch Program.
    ``(b) Purpose.--The Secretary shall administer the Program in a
    manner that promotes voluntary reporting of activities that may indicate
    that a person or persons may be preparing to engage

    [[Page 2989]]

    or engaging in a violation of law relating to a threat or an act of
    terrorism (as that term is defined in section 3077 of title 18) against
    a vessel, facility, port, or waterway.
    ``(c) Information; Training.--
    ``(1) Information.--The Secretary may establish, as an
    element of the Program, a network of individuals and community-
    based organizations that encourage the public and industry to
    recognize activities referred to in subsection (b), promote
    voluntary reporting of such activity, and enhance the
    situational awareness within the Nation's ports and waterways.
    Such network shall, to the extent practicable, be conducted in
    cooperation with Federal, State, and local law enforcement
    agencies.
    ``(2) Training.--The Secretary may provide training in--
    ``(A) observing and reporting on covered activities;
    and
    ``(B) sharing such reports and coordinating the
    response by Federal, State, and local law enforcement
    agencies.

    ``(d) Voluntary Participation.--Participation in the Program--
    ``(1) shall be wholly voluntary;
    ``(2) shall not be a prerequisite to eligibility for, or
    receipt of, any other service or assistance from, or to
    participation in, any other program of any kind; and
    ``(3) shall not require disclosure of information regarding
    the individual reporting covered activities or, for proprietary
    purposes, the location of such individual.

    ``(e) Coordination.--The Secretary shall coordinate the Program with
    other like watch programs. <> The Secretary shall
    submit, concurrent with the President's budget submission for each
    fiscal year, a report on coordination of the Program and like watch
    programs within the Department of Homeland Security to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee on
    Homeland Security of the House of Representatives.

    ``(f) Authorization of Appropriations.--There are authorized to be
    appropriated for the purposes of this section $3,000,000 for each of
    fiscal years 2011 through 2016. Such funds shall remain available until
    expended.''.
    (b) Clerical <> Amendment.--The table of
    contents for chapter 701 of title 46, United States Code, is amended by
    inserting after the item relating to section 70121 the following:

    ``70122. Waterway watch program.''.

    SEC. 802. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

    (a) In <> General.--Not later than 120 days after
    completing the pilot program under section 70105(k)(1) of title 46,
    United States Code, to test TWIC access control technologies at port
    facilities and vessels nationwide, the Secretary of Homeland Security
    shall submit to the Committee on Homeland Security and the Committee on
    Transportation and Infrastructure of the House of Representatives, the
    Committee on Commerce, Science, and Transportation of the Senate, and to
    the Comptroller General a report containing an assessment of the results
    of the pilot. The report shall include--
    (1) the findings of the pilot program with respect to key
    technical and operational aspects of implementing TWIC
    technologies in the maritime sector;

    [[Page 2990]]

    (2) a comprehensive listing of the extent to which
    established metrics were achieved during the pilot program; and
    (3) an analysis of the viability of those technologies for
    use in the maritime environment, including any challenges to
    implementing those technologies and strategies for mitigating
    identified challenges.

    (b) GAO Assessment.--The Comptroller General shall review the report
    and submit to the Committee on Homeland Security and the Committee on
    Transportation and Infrastructure of the House of Representatives, and
    the Committee on Commerce, Science, and Transportation of the Senate an
    assessment of the report's findings and recommendations.
    SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY.

    Section 70107A(b) of title 46, United States Code, is amended--
    (1) by striking paragraph (3);
    (2) by redesignating paragraphs (1) and (2) as paragraphs
    (2) and (3), respectively;
    (3) by inserting before paragraph (2), as so redesignated,
    the following:
    ``(1)(A) include--
    ``(i) information management systems, and
    ``(ii) sensor management systems; and
    ``(B) where practicable, provide for the physical co-
    location of the Coast Guard and, as the Secretary determines
    appropriate, representatives of the United States Customs and
    Border Protection, the United States Immigration and Customs
    Enforcement, the Transportation Security Administration, the
    Department of Justice, the Department of Defense, and other
    Federal agencies, State and local law enforcement or port
    security personnel, members of the Area Maritime Security
    Committee, and other public and private sector stakeholders
    adversely affected by a transportation security incident or
    transportation disruption;''; and
    (4) in paragraph (2), as so redesignated--
    (A) by striking ``existing centers, including--''
    and inserting ``existing centers;''; and
    (B) by striking subparagraph (A) and (B); and
    (5) by adding ``and'' at the end of paragraph (3), as so
    redesignated.
    SEC. 804. DEPLOYABLE, SPECIALIZED FORCES.

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

    ``(a) Establishment.--
    ``(1) In general.--To enhance the domestic maritime security
    capability of the United States, the Secretary shall establish
    deployable specialized forces of varying capabilities as are
    needed to safeguard the public and protect vessels, harbors,
    ports, facilities, and cargo in waters subject to the
    jurisdiction of the United States from destruction, loss or
    injury from crime, or sabotage due to terrorist activity, and to
    respond to such activity in accordance with the transportation
    security plans developed under section 70103.
    ``(2) Enhanced teams.--Such specialized forces shall include
    no less than two enhanced teams to serve as deployable

    [[Page 2991]]

    forces capable of combating terrorism, engaging in interdiction,
    law enforcement, and advanced tactical maritime security
    operations to address known or potentially armed security
    threats (including non-compliant actors at sea), and
    participating in homeland security, homeland defense, and
    counterterrorism exercises in the maritime environment.

    ``(b) Mission.--The combined force of the specialized forces
    established under subsection (a) shall be trained, equipped, and capable
    of being deployed to--
    ``(1) deter, protect against, and rapidly respond to threats
    of maritime terrorism;
    ``(2) conduct maritime operations to protect against and
    disrupt illegal use, access to, or proliferation of weapons of
    mass destruction;
    ``(3) enforce moving or fixed safety or security zones
    established pursuant to law;
    ``(4) conduct high speed intercepts;
    ``(5) board, search, and seize any article or thing on or
    at, respectively, a vessel or facility found to present a risk
    to the vessel or facility, or to a port;
    ``(6) rapidly deploy to supplement United States armed
    forces domestically or overseas;
    ``(7) respond to criminal or terrorist acts so as to
    minimize, insofar as possible, the disruption caused by such
    acts;
    ``(8) assist with facility vulnerability assessments
    required under this chapter; and
    ``(9) carry out any other missions of the Coast Guard as are
    assigned to it by the Secretary.

    ``(c) Minimization of Response Times.--The enhanced teams
    established under subsection (a)(2) shall, to the extent practicable, be
    stationed in such a way so as to minimize the response time to maritime
    terrorist threats and potential or actual transportation security
    incidents.
    ``(d) Coordination With Other Agencies.--To the maximum extent
    feasible, the combined force of the specialized forces established under
    subsection (a) shall coordinate their activities with other Federal,
    State, and local law enforcement and emergency response agencies.''.
    (b) Clerical Amendment.--The table of contents for chapter 701 of
    title 46, United States Code, is <> amended by
    striking the item relating to section 70106 and inserting the following:

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

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

    (a) Definitions.--For purposes of this section:
    (1) Canine detection team.--The term ``detection canine
    team'' means a canine and a canine handler that are trained to
    detect narcotics or explosives, or other threats as defined by
    the Secretary.
    (2) Secretary.--The term ``Secretary'' means the Secretary
    of Homeland Security.

    (b) Detection Canine Teams.--
    (1) Increased <> capacity.--Not later than
    1 year after the date of enactment of this Act, and subject to
    the availability of appropriations, the Secretary shall--

    [[Page 2992]]

    (A) begin to increase the number of detection canine
    teams certified by the Coast Guard for the purposes of
    maritime-related security by no fewer than 10 canine
    teams annually through fiscal year 2012; and
    (B) encourage owners and operators of port
    facilities, passenger cruise liners, oceangoing cargo
    vessels, and other vessels identified by the Secretary
    to strengthen security through the use of highly trained
    detection canine teams.
    (2) Canine procurement.--The Secretary, acting through the
    Commandant of the Coast Guard, shall procure detection canine
    teams as efficiently as possible, including, to the greatest
    extent possible, through increased domestic breeding, while
    meeting the performance needs and criteria established by the
    Commandant.

    (c) Deployment.--The Secretary shall prioritize deployment of the
    additional canine teams to ports based on risk, consistent with the
    Security and Accountability For Every Port Act of 2006 (Public Law 109-
    347).
    SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM.

    (a) Foreign Port Assessment.--Chapter 701 of title 46, United States
    Code, is amended--
    (1) by adding at the end of section 70108 the following:

    ``(e) Limitation on Statutory Construction.--The absence of an
    inspection of a foreign port shall not bar the Secretary from making a
    finding that a port in a foreign country does not maintain effective
    antiterrorism measures.'';
    (2) by striking ``If the Secretary, after conducting an
    assessment under section 70108, finds that a port in a foreign
    country does not maintain effective antiterrorism measures,'' in
    section 70109(a) and inserting ``Unless the Secretary finds that
    a port in a foreign country maintains effective antiterrorism
    measures,''; and
    (3) by striking ``If the Secretary finds that a foreign port
    does not maintain effective antiterrorism measures,'' in section
    70110(a) and inserting ``Unless the Secretary finds that a
    foreign port maintains effective antiterrorism measures,''.

    (b) Assistance Program.--Section 70110 of title 46, United States
    Code, is amended by adding at the end the following:
    ``(f) Coast Guard Assistance Program.--
    ``(1) In general.--The Secretary may lend, lease, donate, or
    otherwise provide equipment, and provide technical training and
    support, to the owner or operator of a foreign port or
    facility--
    ``(A) to assist in bringing the port or facility
    into compliance with applicable International Ship and
    Port Facility Code standards; and
    ``(B) to assist the port or facility in correcting
    deficiencies identified in periodic port assessments and
    reassessments required under section 70108 of this
    title.
    ``(2) Conditions.--The Secretary--
    ``(A) may provide such assistance based upon an
    assessment of the risks to the security of the United
    States and the inability of the owner or operator of the
    port or facility to bring the port or facility into
    compliance with those standards and to maintain
    compliance with, or exceed, such standards;

    [[Page 2993]]

    ``(B) may not provide such assistance unless the
    port or facility has been subjected to a comprehensive
    port security assessment by the Coast Guard; and
    ``(C) may only lend, lease, or otherwise provide
    equipment that the Secretary has first determined is not
    required by the Coast Guard for the performance of its
    missions.''.

    (c) Safety and Security Assistance for Foreign Ports.--
    (1) In general.--Section 70110(e)(1) of title 46, United
    States Code, is amended by striking the second sentence and
    inserting the following: ``The Secretary shall establish a
    strategic plan to utilize those assistance programs to assist
    ports and facilities that are found by the Secretary under
    subsection (a) not to maintain effective antiterrorism measures
    in the implementation of port security antiterrorism
    measures.''.
    (2) Conforming amendments.--
    (A) Section 70110 of title 46, United States Code,
    is amended--
    (i) by inserting ``or facilities'' after
    ``ports'' in the section heading;
    (ii) by inserting ``or facility'' after
    ``port'' each place it appears; and
    (iii) by striking ``Ports'' in the heading for
    subsection (e) and inserting ``Ports,
    Facilities,''.
    (B) Section 70108(c) of such title is amended--
    (i) by striking paragraph (2); and
    (ii) by redesignating paragraphs (3) and (4)
    as paragraphs (2) and (3), respectively.
    (C) The table of contents for chapter 701 of title
    46, United States <> Code, is
    amended by striking the item relating to section 70110
    and inserting the following:

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

    SEC. 807. MARITIME BIOMETRIC IDENTIFICATION.

    (a) In General.--Chapter 701 of title 46, United States Code, is
    further amended by adding at the end the following:
    ``Sec. 70123. Mobile biometric identification

    ``(a) In <> General.--Within one year after the
    date of the enactment of the Coast Guard Authorization Act of 2010, the
    Secretary shall conduct, in the maritime environment, a program for the
    mobile biometric identification of suspected individuals, including
    terrorists, to enhance border security and for other purposes.

    ``(b) Requirements.--The Secretary shall ensure the program required
    in this section is coordinated with other biometric identification
    programs within the Department of Homeland Security.
    ``(c) Definition.--For the purposes of this section, the term
    `biometric identification' means use of fingerprint and digital
    photography images and facial and iris scan technology and any other
    technology considered applicable by the Department of Homeland
    Security.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter <> is amended by adding at the end the
    following:

    ``70123. Mobile biometric identification.''.

    [[Page 2994]]

    (c) Cost <> Analysis.--Within 90 days after the
    date of the enactment of this Act, the Secretary of the department in
    which the Coast Guard is operating shall submit to the Committees on
    Homeland Security and Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate an analysis of the cost of expanding the
    Coast Guard's biometric identification capabilities for use by the Coast
    Guard's Deployable Operations Group, cutters, stations, and other
    deployable maritime teams considered appropriate by the Secretary, and
    any other appropriate Department of Homeland Security maritime vessels
    and units. The analysis may include a tiered plan for the deployment of
    this program that gives priority to vessels and units more likely to
    encounter individuals suspected of making illegal border crossings
    through the maritime environment.

    (d) Study on Emerging Biometric Capabilities.--
    (1) Study required.--The Secretary of Homeland Security
    shall submit to the Committees on Homeland Security and
    Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate a study on the use by the Coast
    Guard and other departmental entities of the combination of
    biometric technologies to rapidly identify individuals for
    security purposes. Such study shall focus on--
    (A) increased accuracy of facial recognition;
    (B) enhancement of existing iris recognition
    technology; and
    (C) other emerging biometric technologies capable of
    assisting in confirming the identification of
    individuals.
    (2) Purpose of study.--The purpose of the study required by
    paragraph (1) is to facilitate the use of a combination
    biometrics, including facial and iris recognition, to provide a
    higher probability of success in identification than a single
    approach and to achieve transformational advances in the
    flexibility, authenticity, and overall capability of integrated
    biometric detectors. The operational goal of the study should be
    to provide the capability to nonintrusively collect biometrics
    in an accurate and expeditious manner to assist the Coast Guard
    and the Department of Homeland Security in fulfilling its
    mission to protect and support national security.
    SEC. 808. <> PILOT PROGRAM FOR
    FINGERPRINTING OF MARITIME WORKERS.

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

    (b) Expiration.--The requirement made by subsection (a) expires 1
    year after the date the Secretary establishes the facilities required
    under that subsection.

    [[Page 2995]]

    SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS.

    Section 70105(b)(2) of title 46, United States Code, is amended--
    (1) in subparagraph (B), by inserting after ``title'' the
    following: ``allowed unescorted access to a secure area
    designated in a vessel security plan approved under section
    70103 of this title''; and
    (2) in subparagraph (D), by inserting after ``tank vessel''
    the following: ``allowed unescorted access to a secure area
    designated in a vessel security plan approved under section
    70103 of this title''.
    SEC. 810. MARITIME SECURITY ADVISORY COMMITTEES.

    Section 70112 of title 46, United States Code, is amended--
    (1) by amending subsection (b)(5) to read as follows:

    ``(5)(A) The National Maritime Security Advisory Committee shall be
    composed of--
    ``(i) at least 1 individual who represents the interests of
    the port authorities;
    ``(ii) at least 1 individual who represents the interests of
    the facilities owners or operators;
    ``(iii) at least 1 individual who represents the interests
    of the terminal owners or operators;
    ``(iv) at least 1 individual who represents the interests of
    the vessel owners or operators;
    ``(v) at least 1 individual who represents the interests of
    the maritime labor organizations;
    ``(vi) at least 1 individual who represents the interests of
    the academic community;
    ``(vii) at least 1 individual who represents the interests
    of State or local governments; and
    ``(viii) at least 1 individual who represents the interests
    of the maritime industry.

    ``(B) Each Area Maritime Security Advisory Committee shall be
    composed of individuals who represents the interests of the port
    industry, terminal operators, port labor organizations, and other users
    of the port areas.''; and
    (2) in subsection (g)--
    (A) in paragraph (1)(A), by striking ``2008;'' and
    inserting ``2020;''; and
    (B) in paragraph (2), by striking ``2006'' and
    inserting ``2018''.
    SEC. 811. <> SEAMEN'S SHORESIDE ACCESS.

    Each facility security plan approved under section 70103(c) of title
    46, United States Code, shall provide a system for seamen assigned to a
    vessel at that facility, pilots, and representatives of seamen's welfare
    and labor organizations to board and depart the vessel through the
    facility in a timely manner at no cost to the individual.
    SEC. 812. <> WATERSIDE SECURITY OF
    ESPECIALLY HAZARDOUS CARGO.

    (a) National Study.--
    (1) In general.--The Secretary of the department in which
    the Coast Guard is operating shall--
    (A) initiate a national study to identify measures
    to improve the security of maritime transportation of
    especially hazardous cargo; and

    [[Page 2996]]

    (B) coordinate with other Federal agencies, the
    National Maritime Security Advisory Committee, and
    appropriate State and local government officials through
    the Area Maritime Security Committees and other existing
    coordinating committees, to evaluate the waterside
    security of vessels carrying, and waterfront facilities
    handling, especially hazardous cargo.
    (2) Matters to be included.--The study conducted under this
    subsection shall include--
    (A) an analysis of existing risk assessment
    information relating to waterside security generated by
    the Coast Guard and Area Maritime Security Committees as
    part of the Maritime Security Risk Analysis Model;
    (B) a review and analysis of appropriate roles and
    responsibilities of maritime stakeholders, including
    Federal, State, and local law enforcement and industry
    security personnel, responsible for waterside security
    of vessels carrying, and waterfront facilities handling,
    especially hazardous cargo, including--
    (i) the number of ports in which State and
    local law enforcement entities are providing any
    services to enforce Coast Guard-imposed security
    zones around vessels transiting to, through, or
    from United States ports or to conduct security
    patrols in United States ports;
    (ii) the number of formal agreements entered
    into between the Coast Guard and State and local
    law enforcement entities to engage State and local
    law enforcement entities in the enforcement of
    Coast Guard-imposed security zones around vessels
    transiting to, through, or from United States
    ports or the conduct of port security patrols in
    United States ports, the duration of those
    agreements, and the aid that State and local
    entities are engaged to provide through such
    agreements;
    (iii) the extent to which the Coast Guard has
    set national standards for training, equipment,
    and resources to ensure that State and local law
    enforcement entities engaged in enforcing Coast
    Guard-imposed security zones around vessels
    transiting to, through, or from United States
    ports or in conducting port security patrols in
    United States ports (or both) can deter to the
    maximum extent practicable a transportation
    security incident;
    (iv) the extent to which the Coast Guard has
    assessed the ability of State and local law
    enforcement entities to carry out the security
    assignments that they have been engaged to
    perform, including their ability to meet any
    national standards for training, equipment, and
    resources that have been established by the Coast
    Guard in order to ensure that those entities can
    deter to the maximum extent practicable a
    transportation security incident;
    (v) the extent to which State and local law
    enforcement entities are able to meet national
    standards for training, equipment, and resources
    established by the Coast Guard to ensure that
    those entities can deter

    [[Page 2997]]

    to the maximum extent practicable a transportation
    security incident;
    (vi) the differences in law enforcement
    authority, and particularly boarding authority,
    between the Coast Guard and State and local law
    enforcement entities, and the impact that these
    differences have on the ability of State and local
    law enforcement entities to provide the same level
    of security that the Coast Guard provides during
    the enforcement of Coast Guard-imposed security
    zones and the conduct of security patrols in
    United States ports; and
    (vii) the extent of resource, training, and
    equipment differences between State and local law
    enforcement entities and the Coast Guard units
    engaged in enforcing Coast Guard-imposed security
    zones around vessels transiting to, through, or
    from United States ports or conducting security
    patrols in United States ports;
    (C) recommendations for risk-based security measures
    to improve waterside security of vessels carrying, and
    waterfront facilities handling, especially hazardous
    cargo; and
    (D) identification of security funding alternatives,
    including an analysis of the potential for cost-sharing
    by the public and private sectors as well as any
    challenges associated with such cost-sharing.
    (3) Information protection.--In carrying out the
    coordination necessary to effectively complete the study, the
    Commandant shall implement measures to ensure the protection of
    any sensitive security information, proprietary information, or
    classified information collected, reviewed, or shared during
    collaborative engagement with maritime stakeholders and other
    Government entities, except that nothing in this paragraph shall
    constitute authority to withhold information from--
    (A) the Congress; or
    (B) first responders requiring such information for
    the protection of life or property.
    (4) Report.--Not later than 12 months after the date of
    enactment of this Act, the Secretary of the Department in which
    the Coast Guard is operating shall submit to the Committees on
    Homeland Security and Transportation and Infrastructure of the
    House of Representatives and the Committee on Commerce, Science,
    and Transportation of the Senate a report on the results of the
    study under this subsection.

    (b) National <> Strategy.--Not later than 6 months
    after submission of the report required by subsection (a), the Secretary
    of the department in which the Coast Guard is operating shall develop,
    in conjunction with appropriate Federal agencies, a national strategy
    for the waterside security of vessels carrying, and waterfront
    facilities handling, especially hazardous cargo. The strategy shall
    utilize the results of the study required by subsection (a).

    (c) Security of Especially Hazardous Cargo.--Section 70103 of title
    46, United States Code, is amended by adding at the end the following:
    ``(e) Especially Hazardous Cargo.--

    [[Page 2998]]

    ``(1) Enforcement of security zones.--Consistent with other
    provisions of Federal law, the Coast Guard shall coordinate and
    be responsible for the enforcement of any Federal security zone
    established by the Coast Guard around a vessel containing
    especially hazardous cargo. The Coast Guard shall allocate
    available resources so as to deter and respond to a
    transportation security incident, to the maximum extent
    practicable, and to protect lives or protect property in danger.
    ``(2) Resource deficiency reporting.--
    ``(A) In general.--When the Secretary submits the
    annual budget request for a fiscal year for the
    department in which the Coast Guard is operating to the
    Office of Management and Budget, the Secretary shall
    provide to the Committees on Homeland Security and
    Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science,
    and Transportation of the Senate a report that
    includes--
    ``(i) for the last full fiscal year preceding
    the report, a statement of the number of security
    zones established for especially hazardous cargo
    shipments;
    ``(ii) for the last full fiscal year preceding
    the report, a statement of the number of
    especially hazardous cargo shipments provided a
    waterborne security escort, subdivided by Federal,
    State, local, or private security; and
    ``(iii) an assessment as to any additional
    vessels, personnel, infrastructure, and other
    resources necessary to provide waterborne escorts
    to those especially hazardous cargo shipments for
    which a security zone is established.
    ``(B) Especially hazardous cargo defined.--In this
    subsection, the term `especially hazardous cargo' means
    anhydrous ammonia, ammonium nitrate, chlorine, liquefied
    natural gas, liquiefied petroleum gas, and any other
    substance, material, or group or class of material, in a
    particular amount and form that the Secretary determines
    by regulation poses a significant risk of creating a
    transportation security incident while being transported
    in maritime commerce.''.

    (d) Definitions.--For the purposes of this section, the follow
    definitions apply:
    (1) Especially hazardous cargo.--The term ``especially
    hazardous cargo'' means anhydrous ammonia, ammonium nitrate,
    chlorine, liquefied natural gas, liquiefied petroleum gas, and
    any other substance, material, or group or class of material, in
    a particular amount and form that the Secretary determines by
    regulation poses a significant risk of creating a transportation
    security incident while being transported in maritime commerce.
    (2) Area maritime security committee.--The term ``Area
    Maritime Security Committee'' means each of those committees
    responsible for producing Area Maritime Transportation Security
    Plans under chapter 701 of title 46, United States Code.
    (3) Transportation security incident.--The term
    ``transportation security incident'' has the same meaning as
    that term has in section 70101 of title 46, United States Code.

    [[Page 2999]]

    SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

    Consistent with other provisions of law, the Secretary of the
    department in which the Coast Guard is operating shall make a
    recommendation, after considering recommendations made by the States, to
    the Federal Energy Regulatory Commission as to whether the waterway to a
    proposed waterside liquefied natural gas facility is suitable or
    unsuitable for the marine traffic associated with such facility.
    SEC. 814. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION
    SECURITY CARDS.

    Section 70105 of title 46, United States Code, is amended by adding
    at the end the following new subsection:
    ``(n) The Secretary may use a secondary authentication system to
    verify the identification of individuals using transportation security
    cards when the individual's fingerprints are not able to be taken or
    read.''.
    SEC. 815. <> ASSESSMENT OF
    TRANSPORTATION SECURITY CARD ENROLLMENT
    SITES.

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

    (b) Timelines and Benchmarks.--The Secretary shall develop timelines
    and benchmarks for implementing the findings of the assessment as the
    Secretary deems necessary.
    SEC. 816. <> ASSESSMENT OF THE FEASIBILITY OF
    EFFORTS TO MITIGATE THE THREAT OF SMALL
    BOAT ATTACK IN MAJOR PORTS.

    The Secretary of the department in which the Coast Guard is
    operating shall assess and report to Congress on the feasibility of
    efforts to mitigate the threat of small boat attack in security zones of
    major ports, including specifically the use of transponders, radio
    frequency identification devices, and high-frequency surface radar
    systems to track small boats.
    SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY
    BACKGROUND CHECKS.

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

    [[Page 3000]]

    (3) recommendations on limiting the number of background
    checks and forms of identification required under such programs
    to reduce or eliminate duplication with Federal programs.
    SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS PENDING ISSUANCE;
    DEADLINES FOR PROCESSING; RECEIPT.

    (a) Access; Deadlines.--Section 70105 of title 46, United States
    Code, is further amended by adding at the end the following new
    subsections:
    ``(o) Escorting.--The Secretary shall coordinate with owners and
    operators subject to this section to allow any individual who has a
    pending application for a transportation security card under this
    section or is waiting for reissuance of such card, including any
    individual whose card has been lost or stolen, and who needs to perform
    work in a secure or restricted area to have access to such area for that
    purpose through escorting of such individual in accordance with
    subsection (a)(1)(B) by another individual who holds a transportation
    security card. Nothing in this subsection shall be construed as
    requiring or compelling an owner or operator to provide escorted access.
    ``(p) Processing <> Time.--The Secretary shall review
    an initial transportation security card application and respond to the
    applicant, as appropriate, including the mailing of an Initial
    Determination of Threat Assessment letter, within 30 days after receipt
    of the initial application. The Secretary shall, to the greatest extent
    practicable, review appeal and waiver requests submitted by a
    transportation security card applicant, and send a written decision or
    request for additional information required for the appeal or waiver
    determination, within 30 days after receipt of the applicant's appeal or
    waiver written request. For an applicant that is required to submit
    additional information for an appeal or waiver determination, the
    Secretary shall send a written decision, to the greatest extent
    practicable, within 30 days after receipt of all requested
    information.''.

    (b) Receipt <> of Cards.--
    (1) Report by comptroller general.--Within 180 days after
    the date of enactment of this Act, the Comptroller General of
    the United States shall submit to the Committee on Homeland
    Security of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate a report
    assessing the costs, technical feasibility, and security
    measures associated with implementing procedures to deliver a
    transportation security card to an approved applicant's place of
    residence in a secure manner or to allow an approved applicant
    to receive the card at an enrollment center of the individual's
    choosing.
    (2) Process for alternative means of receipt.--If the
    Comptroller General finds in the final report under paragraph
    (1) that it is feasible for a transportation security card to be
    sent to an approved applicant's place of residence in a secure
    manner, the Secretary shall, within 1 year after the date of
    issuance of the final report by the Comptroller General,
    implement a secure process to permit an individual approved for
    a transportation security card to receive the card at the
    applicant's place of residence or at the enrollment center of
    the individual's choosing. The individual shall be responsible

    [[Page 3001]]

    for any additional cost associated with the secure delivery of a
    transportation security card.
    SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS.

    Section 70105(b) of title 46, United States Code, is amended by
    adding at the end the following new paragraph:
    ``(6) The Secretary may extend for up to one year the expiration of
    a biometric transportation security card required by this section to
    align the expiration with the expiration of a license, certificate of
    registry, or merchant mariner document required under chapter 71 or
    73.''.
    SEC. 820. CLARIFICATION OF RULEMAKING AUTHORITY.

    (a) In General.--Chapter 701 of title 46, United States Code, is
    further amended by adding at the end the following:
    ``SEC. 70124. REGULATIONS.

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

    ``70124. Regulations.''.

    SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION.

    (a) Port Security Training Program.--Chapter 701 of title 46, United
    States Code, is further amended by adding at the end the following:
    ``Sec. 70125. Port security training for facility security
    officers

    ``(a) Facility Security Officers.--The Secretary shall establish
    comprehensive facility security officer training requirements designed
    to provide full security training that would lead to certification of
    such officers. In establishing the requirements, the Secretary shall--
    ``(1) work with affected industry stakeholders; and
    ``(2) evaluate--
    ``(A) the requirements of subsection (b);
    ``(B) existing security training programs employed
    at marine terminal facilities; and
    ``(C) existing port security training programs
    developed by the Federal Government.

    ``(b) Requirements.--The training program shall provide validated
    training that--
    ``(1) provides training at the awareness, performance,
    management, and planning levels;
    ``(2) utilizes multiple training mediums and methods;
    ``(3) establishes a validated provisional on-line
    certification methodology;
    ``(4) provide for continuing education and training for
    facility security officers beyond certification requirements,
    including a program to educate on the dangers and issues
    associated with the shipment of hazardous and especially
    hazardous cargo;
    ``(5) addresses port security topics, including--
    ``(A) facility security plans and procedures,
    including how to develop security plans and security
    procedure requirements when threat levels are elevated;

    [[Page 3002]]

    ``(B) facility security force operations and
    management;
    ``(C) physical security and access control at
    facilities;
    ``(D) methods of security for preventing and
    countering cargo theft;
    ``(E) container security;
    ``(F) recognition and detection of weapons,
    dangerous substances, and devices;
    ``(G) operation and maintenance of security
    equipment and systems;
    ``(H) security threats and patterns;
    ``(I) security incident procedures, including
    procedures for communicating with governmental and
    nongovernmental emergency response providers; and
    ``(J) evacuation procedures;
    ``(6) is consistent with, and supports implementation of,
    the National Incident Management System, the National Response
    Plan, the National Infrastructure Protection Plan, the National
    Preparedness Guidance, the National Preparedness Goal, the
    National Maritime Transportation Security Plan, and other such
    national initiatives;
    ``(7) is evaluated against clear and consistent performance
    measures;
    ``(8) addresses security requirements under facility
    security plans;
    ``(9) addresses requirements under the International Code
    for the Security of Ships and Port Facilities to address shore
    leave for mariners and access to visitors, representatives of
    seafarers' welfare organizations, and labor organizations; and
    ``(10) such other subject matters as may be prescribed by
    the Secretary.

    ``(c) Continuing Security Training.--The Secretary, in coordination
    with the Secretary of Transportation, shall work with State and local
    law enforcement agencies and industry stakeholders to develop and
    certify the following additional security training requirements for
    Federal, State, and local officials with security responsibilities at
    United States seaports:
    ``(1) A program to familiarize them with port and shipping
    operations, requirements of the Maritime Transportation Security
    Act of 2002 (Public Law 107-295), and other port and cargo
    security programs that educates and trains them with respect to
    their roles and responsibilities.
    ``(2) A program to familiarize them with dangers and
    potential issues with respect to shipments of hazardous and
    especially hazardous cargoes.
    ``(3) A program of continuing education as deemed necessary
    by the Secretary.

    ``(d) Training Partners.--In developing curriculum and delivering
    training established pursuant to subsections (a) and (c), the Secretary,
    in coordination with the Maritime Administrator of the Department of
    Transportation and consistent with section 109 of the Maritime
    Transportation Security Act of 2002 [46 U.S.C. 70101 note], shall work
    with institutions with maritime expertise and with industry stakeholders
    with security expertise to develop appropriate training capacity to
    ensure that training can be provided in a geographically balanced manner
    to personnel seeking certification under subsection (a) or education and
    training under subsection (c).

    [[Page 3003]]

    ``(e) Established <> Grant Program.--The
    Secretary shall issue regulations or grant solicitations for grants for
    homeland security or port security to ensure that activities surrounding
    the development of curriculum and the provision of training and these
    activities are eligible grant activities under both grant programs.''.

    (b) Conforming <> Amendment.--Section 113 of the SAFE
    Port Act (6 U.S.C. 911) is repealed.

    (c) Table of Contents Amendment.--The table of contents for chapter
    701 of title 46, United States Code, <> is further
    amended by adding at the end the following:

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

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

    Section 70102 of title 46, United States Code, is amended by adding
    at the end thereof the following:
    ``(c) Sharing of Assessment Integration of Plans and Equipment.--The
    owner or operator of a facility, consistent with any Federal security
    restrictions, shall--
    ``(1) make <> a current copy of the
    vulnerability assessment conducted under subsection (b)
    available to the port authority with jurisdiction of the
    facility and appropriate State or local law enforcement
    agencies; and
    ``(2) integrate, to the maximum extent practical, any
    security system for the facility with compatible systems
    operated or maintained by the appropriate State, law enforcement
    agencies, and the Coast Guard.''.
    SEC. 823. TRANSPORTATION SECURITY CARDS.

    Section 70105 of title 46, United States Code, is further amended by
    adding at the end thereof the following:
    ``(q) Receipt and Activation of Transportation Security Card.--
    ``(1) In <> general.--Not later than
    one year after the date of publication of final regulations
    required by subsection (k)(3) of this section the Secretary
    shall develop a plan to permit the receipt and activation of
    transportation security cards at any vessel or facility
    described in subsection (a) of this section that desires to
    implement this capability. This plan shall comply, to the extent
    possible, with all appropriate requirements of Federal standards
    for personal identity verification and credential.
    ``(2) Limitation.--The Secretary may not require any such
    vessel or facility to provide on-site activation capability.''.
    SEC. 824. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS EQUIPMENT
    AT INTERAGENCY OPERATIONAL CENTERS.

    Section 70107A of title 46, United States Code, is amended--
    (1) by redesignating subsections (e) and (f) as subsections
    (f) and (g), respectively; and
    (2) by inserting after subsection (d) the following:

    [[Page 3004]]

    ``(e) Deployment of Interoperable Communications Equipment at
    Interagency Operational Centers.--The Secretary, subject to the
    availability of appropriations, shall ensure that interoperable
    communications technology is deployed at all interagency operational
    centers established under subsection (a) and that such technology and
    equipment has been tested in live operational environments before
    deployment.''.
    SEC. 825. INTERNATIONAL <> PORT AND
    FACILITY INSPECTION COORDINATION.

    (a) Coordination.--The Secretary of the department in which the
    Coast Guard is operating shall, to the extent practicable, conduct the
    assessments required by the following provisions of law concurrently, or
    develop a process by which they are integrated and conducted by the
    Coast Guard:
    (1) Section 205 of the SAFE Port Act (6 U.S.C. 945).
    (2) Section 213 of that Act (6 U.S.C. 964).
    (3) Section 70108 of title 46, United States Code.

    (b) Limitation.--Nothing in subsection (a) shall be construed to
    affect or diminish the Secretary's authority or discretion--
    (1) to conduct an assessment of a foreign port at any time;
    (2) to compel the Secretary to conduct an assessment of a
    foreign port so as to ensure that 2 or more assessments are
    conducted concurrently; or
    (3) to cancel an assessment of a foreign port if the
    Secretary is unable to conduct 2 or more assessments
    concurrently.

    (c) Multiple <> Assessment Report.--The
    Secretary shall provide written notice to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committees on
    Transportation and Infrastructure and Homeland Security of the House of
    Representatives whenever the Secretary conducts 2 or more assessments of
    the same port within a 3-year period.
    SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT MITIGATION PLAN.

    Section 70103(b)(2) of title 46, United States Code, is amended--
    (1) by redesignating subparagraphs (E) through (G) as
    subparagraphs (F) through (H), respectively; and
    (2) by inserting after subparagraph (D) the following:
    ``(E) establish area response and recovery protocols to
    prepare for, respond to, mitigate against, and recover from a
    transportation security incident consistent with section 202 of
    the SAFE Port Act of 2006 (6 U.S.C. 942) and subsection (a) of
    this section;''.
    SEC. 827. RISK <> BASED RESOURCE ALLOCATION.

    (a) National <> Standard.--Within 1 year
    after the date of enactment of this Act, in carrying out chapter 701 of
    title 46, United States Code, the Secretary of the department in which
    the Coast Guard is operating shall develop and utilize a national
    standard and formula for prioritizing and addressing assessed security
    risks at United State ports and facilities on or adjacent to the
    waterways of the United States, such as the Maritime Security Risk
    Assessment Model that has been tested by the Department of Homeland
    Security.

    [[Page 3005]]

    (b) Use by Maritime Security Committees.--Within 2 years after the
    date of enactment of this Act, the Secretary shall require each Area
    Maritime Security Committee to use this standard to regularly evaluate
    each port's assessed risk and prioritize how to mitigate the most
    significant risks.
    (c) Other Uses of Standard.--The Secretary shall utilize the
    standard when considering departmental resource allocations and grant
    making decisions.
    (d) Use of Maritime Risk Assessment Model.--Within 180 days after
    the date of enactment of this Act, the Secretary of the department in
    which the Coast Guard is operating shall make the United States Coast
    Guard's Maritime Security Risk Assessment Model available, in an
    unclassified version, on a limited basis to regulated vessels and
    facilities to conduct true risk assessments of their own facilities and
    vessels using the same criteria employed by the Coast Guard when
    evaluating a port area, facility, or vessel.
    SEC. 828. PORT SECURITY ZONES.

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

    ``SUBCHAPTER II--PORT SECURITY ZONES

    ``Sec. 70131. Definitions

    ``In this subchapter:
    ``(1) Law enforcement agency.--The term `law enforcement
    agency' means an agency of a State, a political subdivision of a
    State, or a Federally recognized tribe that is authorized by law
    to supervise the prevention, detection, investigation, or
    prosecution of any violation of criminal law.
    ``(2) Security zone.--The term `security zone' means a
    security zone, established by the Commandant of the Coast Guard
    or the Commandant's designee pursuant to section 1 of title II
    of the Act of June 15, 1917 (50 U.S.C. 191) or section 7(b) of
    the Ports and Waterways Safety Act (33 U.S.C. 1226(b)), for a
    vessel carrying especially hazardous cargo when such vessel--
    ``(A) enters, or operates within, the internal
    waters of the United States and the territorial sea of
    the United States; or
    ``(B) transfers such cargo or residue in any port or
    place, under the jurisdiction of the United States,
    within the territorial sea of the United States or the
    internal waters of the United States.
    ``Sec. 70132. Credentialing standards, training, and certification
    for State and local support for the
    enforcement of security zones for the
    transportation of especially hazardous cargo

    ``(a) Standard.--The <> Commandant of the Coast
    Guard shall establish, by regulation, national standards for training
    and credentialing of law enforcement personnel--
    ``(1) to enforce a security zone; or
    ``(2) to assist in the enforcement of a security zone.

    ``(b) Training.--
    ``(1) The Commandant of the Coast Guard--

    [[Page 3006]]

    ``(A) <> shall develop and
    publish a training curriculum for--
    ``(i) law enforcement personnel to enforce a
    security zone;
    ``(ii) law enforcement personnel to enforce or
    assist in the enforcement of a security zone; and
    ``(iii) personnel who are employed or retained
    by a facility or vessel owner to assist in the
    enforcement of a security zone; and
    ``(B) may--
    ``(i) test and deliver such training, the
    curriculum for which is developed pursuant to
    subparagraph (A);
    ``(ii) enter into an agreement under which a
    public entity (including a Federal agency) or
    private entity may test and deliver such training,
    the curriculum for which has been developed
    pursuant to subparagraph (A); and
    ``(iii) may accept a program, conducted by a
    public entity (including a Federal agency) or
    private entity, through which such training is
    delivered the curriculum for which is developed
    pursuant to subparagraph (A).
    ``(2) Any Federal agency that provides such training, and
    any public or private entity that receives moneys, pursuant to
    section 70107(b)(8) of this title, to provide such training,
    shall provide such training--
    ``(A) to law enforcement personnel who enforce or
    assist in the enforcement of a security zone; and
    ``(B) on an availability basis to--
    ``(i) law enforcement personnel who assist in
    the enforcement of a security zone; and
    ``(ii) personnel who are employed or retained
    by a facility or vessel owner or operator to
    assist in the enforcement of a security zone.
    ``(3) If a Federal agency provides the training, the head of
    such agency may, notwithstanding any other provision of law,
    accept payment from any source for such training, and any amount
    received as payment shall be credited to the appropriation,
    current at the time of collection, charged with the cost thereof
    and shall be merged with, and available for, the same purposes
    of such appropriation.
    ``(4) Notwithstanding any other provision of law, any
    moneys, awarded by the Department of Homeland Security in the
    form of awards or grants, may be used by the recipient to pay
    for training of personnel to assist in the enforcement of
    security zones and limited access areas.

    ``(c) Certification; Training Partners.--In developing and
    delivering training under the training program, the Secretary, in
    coordination with the Maritime Administrator of the Department of
    Transportation, and consistent with section 109 of the Maritime
    Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall--
    ``(1) work with government training facilities, academic
    institutions, private organizations, employee organizations, and
    other entities that provide specialized, state-of-the-art
    training for governmental and nongovernmental emergency
    responder providers or commercial seaport personnel and
    management;

    [[Page 3007]]

    ``(2) utilize, as appropriate, government training
    facilities, courses provided by community colleges, public
    safety academies, State and private universities, and other
    facilities; and
    ``(3) certify organizations that offer the curriculum for
    training and certification.''.

    (b) Grants; Administration.--Section 70107 of title 46, United
    States Code, is amended--
    (1) by striking ``services.'' in subsection (a) and
    inserting ``services and to train law enforcement personnel
    under section 70132 of this title.'';
    (2) by adding at the end of subsection (b) the following:
    ``(8) The cost of training law enforcement personnel--
    ``(A) to enforce a security zone under section 70132
    of this title; or
    ``(B) assist in the enforcement of a security
    zone.'';
    (3) by adding at the end of subsection (c)(2) the following:
    ``(C) Training.--There are no matching requirements
    for grants under subsection (a) to train law enforcement
    agency personnel in the enforcement of security zones
    under section 70132 of this title or in assisting in the
    enforcement of such security zones.''; and
    (4) by striking ``2011'' in subsection (l) and inserting
    ``2013''.

    (c) Conforming <> Amendments.--
    (1) Subchapter I designation.--Chapter 701 of title 46,
    United States Code, is amended by inserting before section 70101
    the following:

    ``SUBCHAPTER I--GENERAL''.

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

    ``Subchapter I--General'';

    and
    (4) by adding at the end the following:

    ``subchapter ii--port security zones

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

    TITLE IX--MISCELLANEOUS PROVISIONS

    SEC. 901. WAIVERS.

    (a) General Coastwise Waiver.--Notwithstanding section 12112 and
    chapter 551 of title 46, United States Code, the Secretary of the
    department in which the Coast Guard is operating may issue a certificate
    of documentation with a coastwise endorsement for the following vessels:
    (1) ZIPPER (State of New York regulation number NY3205EB).

    [[Page 3008]]

    (2) GULF DIVER IV (United States official number 553457).

    (b) GALLANT LADY.--Section 1120(c) of the Coast Guard Authorization
    Act of 1996 (110 Stat. 3977) is amended--
    (1) in paragraph (1)--
    (A) by striking ``of Transportation'' and inserting
    ``of the department in which the Coast Guard is
    operating''; and
    (B) by striking subparagraph (A) and inserting the
    following:
    ``(A) the vessel GALLANT LADY (Feadship hull number
    672, approximately 168 feet in length).'';
    (2) by amending paragraph (3) to read as follows:
    ``(3) Condition.--The only nonrecreational activity
    authorized for the vessel referred to in subparagraph (A) of
    paragraph (1) is the transportation of individuals on behalf of
    an organization described in section 501(c)(3) of the Internal
    Revenue Code of 1986 and exempt from tax under section 501(a) of
    such Code, for which the owner of the vessel receives no
    compensation.'';
    (3) by striking paragraph (4) and redesignating paragraph
    (5) as paragraph (4); and
    (4) in paragraph (4) (as so redesignated) by striking all
    after ``shall expire'' and inserting ``on the date of the sale
    of the vessel by the owner.''.

    (c) Activity of Certain Vessels.--
    (1) In general.--Section 12102 of title 46, United States
    Code, is amended by adding at the end the following:

    ``(d) Aquaculture Waiver.--
    ``(1) Permitting of nonqualified vessels to perform certain
    aquaculture support <> operations.--Notwithstanding section
    12113 and any other law, the Secretary of Transportation may
    issue a waiver allowing a documented vessel with a registry
    endorsement or a foreign flag vessel to be used in operations
    that treat aquaculture fish for or protect aquaculture fish from
    disease, parasitic infestation, or other threats to their health
    if the Secretary finds, after publishing a notice in the Federal
    Register, that a suitable vessel of the United States is not
    available that could perform those services.
    ``(2) Prohibition.--Vessels operating under a waiver issued
    under this subsection may not engage in any coastwise
    transportation.''.
    (2) Implementing and interim <> regulations.--The Secretary of
    the department in which the Coast Guard is operating shall, in
    accordance with section 553 of title 5, United States Code, and
    after public notice and comment, promulgate regulations
    necessary and appropriate to implement this subsection. The
    Secretary may grant interim permits pending the issuance of such
    regulations upon receipt of applications containing the required
    information.
    SEC. 902. CREW WAGES ON PASSENGER VESSELS.

    (a) Foreign and Intercoastal Voyages.--
    (1) Cap on penalty wages.--Section 10313(g) of title 46,
    United States Code, is amended--
    (A) by striking ``When'' and inserting ``(1) Subject
    to paragraph (2), when''; and

    [[Page 3009]]

    (B) by adding at the end the following:

    ``(2) The total amount required to be paid under paragraph (1) with
    respect to all claims in a class action suit by seamen on a passenger
    vessel capable of carrying more than 500 passengers for wages under this
    section against a vessel master, owner, or operator or the employer of
    the seamen shall not exceed ten times the unpaid wages that are the
    subject of the claims.
    ``(3) A <> class action suit for wages under this
    subsection must be commenced within three years after the later of--
    ``(A) the date of the end of the last voyage for which the
    wages are claimed; or
    ``(B) the receipt, by a seaman who is a claimant in the
    suit, of a payment of wages that are the subject of the suit
    that is made in the ordinary course of employment.''.
    (2) Deposits.--Section 10315 of such title is amended by
    adding at the end the following:

    ``(f) Deposits in Seaman Account.--By written request signed by the
    seaman, a seaman employed on a passenger vessel capable of carrying more
    than 500 passengers may authorize the master, owner, or operator of the
    vessel, or the employer of the seaman, to make deposits of wages of the
    seaman into a checking, savings, investment, or retirement account, or
    other account to secure a payroll or debit card for the seaman if--
    ``(1) the wages designated by the seaman for such deposit
    are deposited in a United States or international financial
    institution designated by the seaman;
    ``(2) such deposits in the financial institution are fully
    guaranteed under commonly accepted international standards by
    the government of the country in which the financial institution
    is licensed;
    ``(3) a written wage statement or pay stub, including an
    accounting of any direct deposit, is delivered to the seaman no
    less often than monthly; and
    ``(4) while on board the vessel on which the seaman is
    employed, the seaman is able to arrange for withdrawal of all
    funds on deposit in the account in which the wages are
    deposited.''.

    (b) Coastwise Voyages.--
    (1) Cap on penalty wages.--Section 10504(c) of such title is
    amended--
    (A) by striking ``When'' and inserting ``(1) Subject
    to subsection (d), and except as provided in paragraph
    (2), when''; and
    (B) by inserting at the end the following:

    ``(2) The total amount required to be paid under paragraph (1) with
    respect to all claims in a class action suit by seamen on a passenger
    vessel capable of carrying more than 500 passengers for wages under this
    section against a vessel master, owner, or operator or the employer of
    the seamen shall not exceed ten times the unpaid wages that are the
    subject of the claims.
    ``(3) A <> class action suit for wages under this
    subsection must be commenced within three years after the later of--
    ``(A) the date of the end of the last voyage for which the
    wages are claimed; or
    ``(B) the receipt, by a seaman who is a claimant in the
    suit, of a payment of wages that are the subject of the suit
    that is made in the ordinary course of employment.''.

    [[Page 3010]]

    (2) Deposits.--Section 10504 of such title is amended by
    adding at the end the following:

    ``(f) Deposits in Seaman Account.--On written request signed by the
    seaman, a seaman employed on a passenger vessel capable of carrying more
    than 500 passengers may authorize, the master, owner, or operator of the
    vessel, or the employer of the seaman, to make deposits of wages of the
    seaman into a checking, savings, investment, or retirement account, or
    other account to secure a payroll or debit card for the seaman if--
    ``(1) the wages designated by the seaman for such deposit
    are deposited in a United States or international financial
    institution designated by the seaman;
    ``(2) such deposits in the financial institution are fully
    guaranteed under commonly accepted international standards by
    the government of the country in which the financial institution
    is licensed;
    ``(3) a written wage statement or pay stub, including an
    accounting of any direct deposit, is delivered to the seaman no
    less often than monthly; and
    ``(4) while on board the vessel on which the seaman is
    employed, the seaman is able to arrange for withdrawal of all
    funds on deposit in the account in which the wages are
    deposited.''.
    SEC. 903. TECHNICAL CORRECTIONS.

    (a) Coast Guard and Maritime Transportation Act of 2006.--
    Effective <>  with enactment of the Coast Guard
    and Maritime Transportation Act of 2006 (Public Law 109-241), such
    Act <> is amended--
    (1) in section 311(b) (120 Stat. 530) <> by inserting ``paragraphs (1) and (2) of'' before
    ``section 8104(o)'';
    (2) in section 603(a)(2) (120 Stat. 554) <> by striking ``33 U.S.C. 2794(a)(2)'' and inserting ``33
    U.S.C. 2704(a)(2)'';
    (3) in section 901(r)(2) (120 Stat. 566) <> by striking ``the'' the second place it appears;
    (4) in section 902(c) (120 Stat. 566) <> by inserting ``of the United States'' after ``Revised
    Statutes'';
    (5) in section 902(e) (120 Stat. 567) <> is amended--
    (A) <> by inserting ``and''
    after the semicolon at the end of paragraph (1);
    (B) by <> striking ``and'' at
    the end of paragraph (2)(A); and
    (C) by redesignating paragraphs (3) and (4) as
    subparagraphs (C) and (D) of paragraph (2),
    respectively, and aligning the left margin of such
    subparagraphs with the left margin of subparagraph (A)
    of paragraph (2);
    (6) in section 902(e)(2)(C) <> (as so
    redesignated) by striking ``this section'' and inserting ``this
    paragraph'';
    (7) in section 902(e)(2)(D) (as so redesignated) by striking
    ``this section'' and inserting ``this paragraph'';
    (8) in section 902(h)(1) <> (120 Stat.
    567)--
    (A) by striking ``Bisti/De-Na-Zin'' and all that
    follows through ``Protection'' and inserting ``Omnibus
    Parks and Public Lands Management''; and
    (B) by inserting a period after ``Commandant of the
    Coast Guard''; and
    (9) in section 902(k) (120 Stat. 568) <> is amended--

    [[Page 3011]]

    (A) by inserting ``the Act of March 23, 1906,
    commonly known as'' before ``the General Bridge'';
    (B) by striking ``491)'' and inserting ``494),'';
    and
    (C) by inserting ``each place it appears'' before
    ``and inserting''.

    (b) Title 14.--
    (1) The analysis for chapter 7 of title 14, United States
    Code, is amended by adding <> a period at the
    end of the item relating to section 149.
    (2) The analysis for chapter 17 of title 14, United States
    Code, is amended by <> adding a period at the
    end of the item relating to section 677.
    (3) The analysis for chapter 9 of title 14, United States
    Code, is amended by adding <> a period at the
    end of the item relating to section 198.
    (4) Section 182 of title 14, United States Code, is amended
    by striking the third sentence.

    (c) Title 46.--
    (1) The analysis for chapter 81 of title 46, United States
    Code, is amended by adding a <> period at
    the end of the item relating to section 8106.
    (2) Section 70105(c)(3)(C) of such title is amended by
    striking ``National Intelligence Director'' and inserting
    ``Director of National Intelligence''.

    (d) Deepwater Port Act of 1974.--Section 5(c)(2) of the Deepwater
    Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by aligning the left
    margin of subparagraph (K) with the left margin of subparagraph (L).
    (e) Oil Pollution Act of 1990.--
    (1) Section 1004(a)(2) of the Oil Pollution Act of 1990 (33
    U.S.C. 2704(a)(2)) is amended by striking the first comma
    following ``$800,000''.
    (2) The table of sections in section 2 of such Act is
    amended by inserting a period at the end of the item relating to
    section 7002.

    (f) Coast Guard Authorization Act of 1996.--The table of sections in
    section 2 of the Coast Guard Authorization Act of 1996 is amended in the
    item relating to section 103 by striking ``reports'' and inserting
    ``report''.
    SEC. 904. MANNING REQUIREMENT.

    Section 421 of the Coast Guard and Maritime Transportation Act of
    2006 (Public Law 109-241; 120 Stat. 547) is amended--
    (1) in subsection (a), by striking ``in the 48-month period
    beginning on the date of enactment of this Act if,'' and
    inserting ``until the date of expiration of this section if,'';
    (2) in subsection (b), by striking ``Subsection (a)(1)'' and
    inserting ``Subsection (a)'';
    (3) in subsection (d), by striking ``48 months after the
    date of enactment of this Act.'' and inserting ``on December 31,
    2012.''; and
    (4) by redesignating subsection (e) as subsection (f) and
    inserting after subsection (d) the following:

    ``(e) Safety Inspections.--A <> vessel may not
    engage a foreign citizen to meet a manning requirement under this
    section unless it has an annual safety examination by an individual
    authorized to enforce part B of subtitle II of title 46, United States
    Code.''.

    [[Page 3012]]

    SEC. 905. <> STUDY OF BRIDGES OVER NAVIGABLE
    WATERS.

    The Commandant of the Coast Guard shall submit to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    comprehensive study on the proposed construction or alteration of any
    bridge, drawbridge, or causeway over navigable waters with a channel
    depth of 25 feet or greater of the United States that may impede or
    obstruct future navigation to or from port facilities.
    SEC. 906. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN
    SEAMEN.

    Section 11108(b)(2)(B) of title 46, United States Code, is amended
    to read as follows:
    ``(B) who performs regularly assigned duties while
    engaged as a master, officer, or crewman on a vessel
    operating on navigable waters in 2 or more States.''.
    SEC. 907. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE
    COUNTY, MICHIGAN, TO THE CITY OF
    MARQUETTE, MICHIGAN.

    (a) Conveyance Authorized.--
    (1) In general.--The Commandant of the Coast Guard may
    convey as surplus property, under section 550 of title 40,
    United States Code, and other relevant Federal Laws governing
    the disposal of Federal surplus property, to the City of
    Marquette, Michigan (in this section referred to as the
    ``City''), all right, title, and interest of the United States
    in and to a parcel of real property, together with any
    improvements thereon, located in Marquette County, Michigan,
    that is under the administrative control of the Coast Guard,
    consisting of approximately 5.5 acres of real property, as
    depicted on the Van Neste survey (#204072), dated September 7,
    2006, together with the land between the intermediate traverse
    line as shown on such survey and the ordinary high water mark,
    the total comprising 9 acres, more or less, and commonly
    identified as Coast Guard Station Marquette and Lighthouse
    Point.
    (2) Costs of conveyance.--The <>
    responsibility for all reasonable and necessary costs, including
    real estate transaction and environmental documentation costs,
    associated with the transaction shall be determined by the
    Commandant of the Coast Guard and the City.

    (b) Retention of Certain Easements.--In conveying the property under
    subsection (a), the Commandant of the Coast Guard may retain such
    easements over the property as the Commandant considers appropriate for
    access to aids to navigation.
    (c) Limitations.--The property to be conveyed under subsection (a)
    may not be conveyed under that subsection until--
    (1) the Coast Guard has relocated Coast Guard Station
    Marquette to a newly constructed station;
    (2) any environmental remediation required under Federal law
    with respect to the property has been completed; and
    (3) the Commandant of the Coast Guard determines that
    retention of the property by the United States is not required
    to carry out Coast Guard missions or functions.

    [[Page 3013]]

    (d) Conditions of Transfer.--All conditions placed within the deed
    of title of the property to be conveyed under subsection (a) shall be
    construed as covenants running with the land.
    (e) Description of Property.--The exact acreage and legal
    description of the property to be conveyed under subsection (a) shall be
    determined by a survey satisfactory to the Commandant of the Coast
    Guard.
    (f) Additional Terms and Conditions.--The Commandant of the Coast
    Guard may require such additional terms and conditions in connection
    with the conveyance authorized by subsection (a) as the Commandant
    considers appropriate to protect the interests of the United States.
    SEC. 908. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF
    THE RIO GRANDE RIVER, TEXAS, INTERNATIONAL
    WATER BOUNDARY.

    Not later than <> 90 days after the date of the
    enactment of this Act, the Secretary of the department in which the
    Coast Guard is operating shall prepare a mission requirement analysis
    for the navigable portions of the Rio Grande River, Texas, international
    water boundary. The analysis shall take into account the Coast Guard's
    involvement on the Rio Grande River by assessing Coast Guard missions,
    assets, and personnel assigned along the Rio Grande River. The analysis
    shall also identify what would be needed for the Coast Guard to increase
    search and rescue operations, migrant interdiction operations, and drug
    interdiction operations. In carrying <> out this
    section, the Secretary shall work with all appropriate entities to
    facilitate the collection of information under this section as necessary
    and shall report the analysis to the Congress.
    SEC. 909. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN,
    MICHIGAN.

    (a) Conveyance Authorized.--Notwithstanding any other provision of
    law, the Commandant of the Coast Guard is authorized to convey, at fair
    market value, all right, title, and interest of the United States in and
    to a parcel of real property, consisting of approximately 3 acres, more
    or less, that is under the administrative control of the Coast Guard and
    located at 900 S. Western Avenue in Cheboygan, Michigan.
    (b) Right of First Refusal.--The Cornerstone Christian Academy,
    located in Cheboygan, MI, shall have the right of first refusal to
    purchase, at fair market value, all or a portion of the real property
    described in subsection (a).
    (c) Description of Property.--The exact acreage and legal
    description of the property to be conveyed under subsection (a) shall be
    determined by a survey satisfactory to the Commandant of the Coast
    Guard.
    (d) Fair Market Value.--The fair market value of the property shall
    be--
    (1) determined by appraisal, in accordance with the Uniform
    Appraisal Standards for Federal Land Acquisitions and the
    Uniform Standards of Professional Appraisal Practice; and
    (2) subject to the approval of the Commandant.

    (e) Costs of Conveyance.--
    The <> responsibility for all reasonable and
    necessary costs, including real estate transaction and environmental
    documentation costs, associated with the transaction

    [[Page 3014]]

    shall be determined by the Commandant of the Coast Guard and the
    purchaser.

    (f) Additional Terms and Conditions.--The Commandant of the Coast
    Guard may require such additional terms and conditions in connection
    with the conveyance under subsection (a) as is considered appropriate to
    protect the interests of the United States.
    SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF
    UNINSPECTED PASSENGER VESSELS ON LAKE
    TEXOMA IN TEXAS AND OKLAHOMA.

    (a) In General.--Upon <> the request of the
    Governor of the State of Texas or the Governor of the State of Oklahoma,
    the Secretary of the department in which the Coast Guard is operating
    shall enter into an agreement with the Governor of the State whereby the
    State shall license operators of uninspected passenger vessels operating
    on Lake Texoma in Texas and Oklahoma in lieu of the Secretary issuing
    the license pursuant to section 8903 of title 46, United States Code,
    and the regulations issued thereunder, but only if the State plan for
    licensing the operators of uninspected passenger vessels--
    (1) meets the equivalent standards of safety and protection
    of the environment as those contained in subtitle II of title
    46, United States Code, and regulations issued thereunder;
    (2) includes--
    (A) standards for chemical testing for such
    operators;
    (B) physical standards for such operators;
    (C) professional service and training requirements
    for such operators; and
    (D) criminal history background check for such
    operators;
    (3) provides for the suspension and revocation of State
    licenses;
    (4) makes an individual, who is ineligible for a license
    issued under title 46, United States Code, ineligible for a
    State license; and
    (5) provides for a report that includes--
    (A) the number of applications that, for the
    preceding year, the State rejected due to failure to--
    (i) meet chemical testing standards;
    (ii) meet physical standards;
    (iii) meet professional service and training
    requirements; and
    (iv) pass criminal history background check
    for such operators;
    (B) the number of licenses that, for the preceding
    year, the State issued;
    (C) the number of license investigations that, for
    the preceding year, the State conducted;
    (D) the number of licenses that, for the preceding
    year, the State suspended or revoked, and the cause for
    such suspensions or revocations; and
    (E) the number of injuries, deaths, collisions, and
    loss or damage associated with uninspected passenger
    vessels operations that, for the preceding year, the
    State investigated.

    (b) Administration.--

    [[Page 3015]]

    (1) The Governor of the State may delegate the execution and
    enforcement of the State plan, including the authority to
    license and the duty to report information pursuant to
    subsection (a), to any subordinate State officer. The Governor
    shall provide, to the Secretary, written notice of any
    delegation.
    (2) The <> Governor (or the
    Governor's designee) shall provide written notice of any
    amendment to the State plan no less than 45 days prior to the
    effective date of such amendment.
    (3) At <> the request of the Secretary, the
    Governor of the State (or the Governor's designee) shall grant,
    on a biennial basis, the Secretary access to State records and
    State personnel for the purpose of auditing State execution and
    enforcement of the State plan.

    (c) Application.--
    (1) The requirements of section 8903 of title 46, United
    States Code, and the regulations issued thereunder shall not
    apply to any person operating under the authority of a State
    license issued pursuant to an agreement under this section.
    (2) The State shall not compel a person, operating under the
    authority of a license issued either by another State, pursuant
    to a valid agreement under this section, or by the Secretary,
    pursuant to section 8903 of title 46, United States Code, to--
    (A) hold a license issued by the State, pursuant to
    an agreement under this section; or
    (B) pay any fee, associated with licensing, because
    the person does not hold a license issued by the State,
    pursuant to an agreement under this section.
    Nothing in this paragraph shall limit the authority of the State
    to impose requirements or fees for privileges, other than
    licensing, that are associated with the operation of uninspected
    passenger vessels on Lake Texoma.
    (3) For the purpose of enforcement, if an individual is
    issued a license--
    (A) by a State, pursuant to an agreement entered
    into under to this section; or
    (B) by the Secretary, pursuant to section 8903 of
    title 46, United States Code,
    then the individual shall be entitled to lawfully operate an
    uninspected passenger vessel on Lake Texoma in Texas and
    Oklahoma without further requirement to hold an additional
    operator's license.

    (d) <>  Termination.--
    (1) If--
    (A) the Secretary finds that the State plan for the
    licensing the operators of uninspected passenger
    vessels--
    (i) does not meet the equivalent standards of
    safety and protection of the environment as those
    contained in subtitle II of title 46, United
    States Code, and regulations issued thereunder;
    (ii) does not include--
    (I) standards for chemical testing
    for such operators,
    (II) physical standards for such
    operators,
    (III) professional service and
    training requirements for such
    operators, or
    (IV) background and criminal
    investigations for such operators;

    [[Page 3016]]

    (iii) does not provide for the suspension and
    revocation of State licenses; or
    (iv) does not make an individual, who is
    ineligible for a license issued under title 46,
    United States Code, ineligible for a State
    license; or
    (B) the Governor (or the Governor's designee) fails
    to report pursuant to subsection (b),
    the Secretary shall terminate the agreement authorized by this
    section, provided that the Secretary provides written notice to
    the Governor of the State 60 days in advance of termination. The
    findings of fact and conclusions of the Secretary, if based on a
    preponderance of the evidence, shall be conclusive.
    (2) The Governor of the State may terminate the agreement
    authorized by this section, provided that the Governor provides
    written notice to the Secretary 60 days in advance of the
    termination date.

    (e) Existing Authority.--Nothing in this section shall affect or
    diminish the authority or jurisdiction of any Federal or State officer
    to investigate, or require reporting of, marine casualties.
    (f) Definitions.--For the purposes of this section, the term
    ``uninspected passenger vessel'' has the same meaning such term has in
    section 2101(42)(B) of title 46, United States Code.
    SEC. 911. <> STRATEGY REGARDING DRUG
    TRAFFICKING VESSELS.

    Within 180 days after the date of enactment of this Act, the
    Secretary of the department in which the Coast Guard is operating,
    acting through the Commandant of the Coast Guard, shall submit a report
    to Congress on its comprehensive strategy to combat the illicit flow of
    narcotics, weapons, bulk cash, and other contraband through the use of
    submersible and semi-submersible vessels. The strategy shall be
    developed in coordination with other Federal agencies engaged in
    detection, interdiction, or apprehension of such vessels. At a minimum,
    the report shall include the following:
    (1) An assessment of the threats posed by submersible and
    semi-submersible vessels, including the number of such vessels
    that have been detected or interdicted.
    (2) Information regarding the Federal personnel, technology
    and other resources available to detect and interdict such
    vessels.
    (3) An explanation of the Coast Guard's plan, working with
    other Federal agencies as appropriate, to detect and interdict
    such vessels.
    (4) An assessment of additional personnel, technology, or
    other resources necessary to address such vessels.
    SEC. 912. USE OF FORCE AGAINST PIRACY.

    (a) In General.--Chapter 81 of title 46, United States Code, is
    amended by adding at the end the following new section:
    ``Sec. 8107. Use of force against piracy

    ``(a) Limitation on Liability.--An <> owner,
    operator, time charterer, master, mariner, or individual who uses force
    or authorizes the use of force to defend a vessel of the United States
    against an act of piracy shall not be liable for monetary damages for
    any injury or death caused by such force to any person engaging in an
    act of piracy if such force was in accordance with standard rules for
    the use of force in self-defense of vessels prescribed by the Secretary.

    [[Page 3017]]

    ``(b) Promotion of Coordinated Action.--
    To <> carry out the purpose of this section, the
    Secretary of the department in which the Coast Guard is operating shall
    work through the International Maritime Organization to establish
    agreements to promote coordinated action among flag- and port-states to
    deter, protect against, and rapidly respond to piracy against the
    vessels of, and in the waters under the jurisdiction of, those nations,
    and to ensure limitations on liability similar to those established by
    subsection (a).

    ``(c) Definition.--For the purpose of this section, the term `act of
    piracy' means any act of aggression, search, restraint, depredation, or
    seizure attempted against a vessel of the United States by an individual
    not authorized by the United States, a foreign government, or an
    international organization recognized by the United States to enforce
    law on the high seas.''.
    (b) Clerical <> Amendment.--The analysis at the
    beginning of such chapter is amended by adding at the end the following
    new item:

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

    (c) Standard <> Rules for the Use of Force
    for Self-defense of Vessels of the United States.--
    Not <> later than 180 days after the date of enactment
    of this act, the secretary of the department in which the coast guard is
    operating, in consultation with representatives of industry and labor,
    shall develop standard rules for the use of force for self-defense of
    vessels of the United States.
    SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, UNITED
    STATES CODE.

    (a) In General.--Chapter 313 of title 46, United States Code, is
    amended--
    (1) by striking ``of Transportation'' in sections 31302,
    31306, 31321, 31330, and 31343 each place it appears;
    (2) by striking ``and'' after the semicolon in section
    31301(5)(F);
    (3) by striking ``office.'' in section 31301(6) and
    inserting ``office; and''; and
    (4) by adding at the end of section 31301 the following:
    ``(7) <> `Secretary' means the Secretary
    of the Department of Homeland Security, unless otherwise
    noted.''.

    (b) Secretary as Mortgagee.--Section 31308 of such title is amended
    by striking ``When the Secretary of Commerce or Transportation is a
    mortgagee under this chapter, the Secretary'' and inserting ``The
    Secretary of Commerce or Transportation, as a mortgagee under this
    chapter,''.
    (c) Secretary of Transportation.--Section 31329(d) of such title is
    amended by striking ``Secretary.'' and inserting ``Secretary of
    Transportation.''.
    (d) Mortgagee.--
    (1) Section 31330(a)(1) of such title, as amended by
    subsection (a)(1) of this section, is amended--
    (A) by inserting ``or'' after the semicolon in
    subparagraph (B);
    (B) by striking ``Secretary; or'' in subparagraph
    (C) and inserting ``Secretary.''; and
    (C) by striking subparagraph (D).
    (2) Section 31330(a)(2) is amended--

    [[Page 3018]]

    (A) by inserting ``or'' after the semicolon in
    subparagraph (B);
    (B) by striking ``faith; or'' in subparagraph (C)
    and inserting ``faith.''; and
    (C) by striking subparagraph (D).
    SEC. 914. <> CONVEYANCE OF COAST GUARD
    VESSELS FOR PUBLIC PURPOSES.

    (a) In General.--Whenever the transfer of ownership of a Coast Guard
    vessel or aircraft to an eligible entity for use for educational,
    cultural, historical, charitable, recreational, or other public purposes
    is authorized by law or declared excess by the Commandant, the Coast
    Guard shall transfer the vessel or aircraft to the General Services
    Administration for conveyance to the eligible entity.
    (b) Conditions of Conveyance.--The General Services Administration
    may not convey a vessel or aircraft to an eligible entity as authorized
    by law unless the eligible entity agrees--
    (1) to provide the documentation needed by the General
    Services Administration to process a request for aircraft or
    vessels under section 102.37.225 of title 41, Code of Federal
    Regulations;
    (2) to comply with the special terms, conditions, and
    restrictions imposed on aircraft and vessels under section
    102.37.460 of such title;
    (3) to make the vessel available to the United States
    Government if it is needed for use by the Commandant of the
    Coast Guard in time of war or a national emergency; and
    (4) to hold the United States Government harmless for any
    claims arising from exposure to hazardous materials, including
    asbestos and polychlorinated biphenyls, that occurs after
    conveyance of the vessel, except for claims arising from use of
    the vessel by the United States Government under paragraph (3).

    (c) Other Obligations Unaffected.--Nothing in this section amends or
    affects any obligation of the Coast Guard or any other person under the
    Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law
    regarding use or disposal of hazardous materials including asbestos and
    polychlorinated biphenyls.
    (d) Eligible Entity Defined.--In this section, the term ``eligible
    entity'' means a State or local government, nonprofit corporation,
    educational agency, community development organization, or other entity
    that agrees to comply with the conditions established under this
    section.
    SEC. 915. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND TRAFFIC
    FLOW.

    (a) Information on Usage.--Within <> 60 days after
    the date of enactment of this Act, the Commandant of the Coast Guard
    shall--
    (1) <> determine the types and numbers
    of vessels typically transiting or utilizing that portion of the
    Atlantic Intracoastal Waterway beginning at a point that is due
    East of the outlet of the Cutler Drain Canal C-100 in Dade
    County, Florida, and ending at the Dade County line, during a
    period of 30 days; and

    [[Page 3019]]

    (2) provide the information on usage compiled under this
    subsection to the Senate Committee on Commerce, Science, and
    Transportation and the House of Representatives Committee on
    Transportation and Infrastructure.

    (b) Assessment <> of Certain Aids to Navigation.--
    Within 90 days after the date of enactment of this Act, the Commandant
    of the Coast Guard shall--
    (1) review and assess the buoys, markers, and other aids to
    navigation in and along that portion of the Atlantic
    Intracoastal Waterway specified in subsection (a), to determine
    the adequacy and sufficiency of such aids, and the need to
    replace such aids, install additional aids, or both; and
    (2) <> submit a report on the assessment
    required by this section to the committees.

    (c) Submission of <> Plan.--Within 180 days after
    the date of enactment of this Act, the Commandant shall submit a plan to
    the committees to address the needs identified under subsection (b).
    SEC. 916. FRESNEL LENS FROM PRESQUE ISLE LIGHT STATION IN PRESQUE
    ISLE, MICHIGAN.

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

    (b) Transfer Possession of Lens Authorized.--
    (1) Transfer of possession.--Notwithstanding any other
    provision of law, the Commandant of the Coast Guard may

    [[Page 3020]]

    transfer to the Township of Presque Isle, Michigan (hereinafter
    ``Township''), possession of the Fresnel Lens from the Light
    Station for the purpose of conserving and displaying such
    Fresnel Lens as an artifact in an exhibition facility at or near
    the Light Station.
    (2) Condition.--As a condition of the transfer of possession
    pursuant to paragraph (1)--
    (A) all Federal aids to navigation located at, on,
    or in the Light Station in operation on the date of
    transfer of possession shall remain the personal
    property of the United States and continue to be
    operated and maintained by the United States for as long
    as needed for navigational purposes;
    (B) there is reserved to the United States the right
    to maintain, remove, replace, or install any Federal aid
    to navigation located at, on, or in the Light Station as
    may be necessary for navigational purposes; and
    (C) the Township shall neither interfere nor allow
    interference in any manner with any Federal aid to
    navigation, nor hinder activities required for the
    operation and maintenance of any Federal aid to
    navigation.
    (3) Alternative display.--
    (A) In the event that--
    (i) the Commandant of the Coast Guard,
    pursuant to a Waterways Analysis and Management
    System study, discontinues the existing Federal
    aids to navigation at, on, or in the Light
    Station; and
    (ii) the Township demonstrates to the
    satisfaction of the Commandant that the Township
    can restore, reinstall, and display the Fresnel
    Lens from the Light Station in the lantern room of
    such Light Station in a manner that conserves such
    Fresnel Lens as an artifact,
    the Township is authorized, notwithstanding paragraph
    (1), to display such Fresnel Lens in the lantern room of
    such Light Station.
    (B) Nothing in this paragraph shall be construed to
    prevent the Township from installing a replica of the
    Fresnel Lens in the lantern room of such Light Station.

    (c) Conveyance, Transfer of Additional Personal Property.--
    Notwithstanding any other provision of law, the Commandant may convey or
    transfer possession of any personal property of the United States,
    pertaining to the Fresnel Lens or the Light Station, as an artifact to
    the Township.
    (d) Terms; Reversionary Interest.--As a condition of transfer of
    possession of personal property of the United States, pursuant to
    subsection (c), the Commandant may require the Township to comply with
    terms and conditions necessary to protect and conserve such personal
    property. Upon notice that the Commandant has determined that the
    Township has not complied with such terms and conditions, the Township
    shall immediately transfer possession of such personal property to the
    Coast Guard, except to the extent otherwise approved by the Commandant.
    (e) Conveyance Without Consideration.--The conveyance or transfer of
    possession of any personal property of the United States (including the
    Fresnel Lens) under this section shall be without consideration.

    [[Page 3021]]

    (f) Delivery of Property.--The Commandant shall deliver any personal
    property, conveyed or transferred pursuant to this section (including
    the Fresnel Lens)--
    (1) at the place where such property is located on the date
    of the conveyance;
    (2) in condition on the date of conveyance; and
    (3) without cost to the United States.

    (g) Maintenance of <> Property.--As a condition of
    the transfer of possession of the Fresnel Lens and any other personal
    property of the United States to the Township under this section, the
    Commandant shall enter into an agreement with the Township under which
    the Township agrees to hold the United States harmless for any claim
    arising with respect to the Fresnel Lens or such personal property.

    (h) Limitation on Future Transfers.--The instruments providing for
    the transfer of possession of the Fresnel Lens or any other personal
    property of the United States under this section shall--
    (1) require that any further transfer of an interest in the
    Fresnel Lens or personal property may not be made without the
    advance approval of the Commandant; and
    (2) <> provide that, if the Commandant
    determines that an interest in the Fresnel Lens or personal
    property was transferred without such approval--
    (A) all right, title, and interest in the Fresnel
    Lens or personal property shall revert to the United
    States, and the United States shall have the right to
    immediate possession of the Fresnel Lens or personal
    property; and
    (B) <> the recipient of the Fresnel
    Lens or personal property shall pay the United States
    for costs incurred by the United States in recovering
    the Fresnel Lens or personal property.

    (i) Additional Terms and Conditions.--The Commandant may require
    such additional terms and conditions in connection with the conveyance
    or transfer of personal property of the United States (including the
    Fresnel Lens) authorized by this section as the Commandant considers
    appropriate to protect the interests of the United States.
    SEC. 917. MARITIME LAW ENFORCEMENT.

    (a) Penalties.--Subsection (b) of section 2237 of title 18, United
    States Code, is amended to read as follows:
    ``(b)(1) Except as otherwise provided in this subsection, whoever
    knowingly violates subsection (a) shall be fined under this title or
    imprisoned for not more than 5 years, or both.
    ``(2)(A) If the offense is one under paragraph (1) or (2)(A) of
    subsection (a) and has an aggravating factor set forth in subparagraph
    (B) of this paragraph, the offender shall be fined under this title or
    imprisoned for any term of years or life, or both.
    ``(B) The aggravating factor referred to in subparagraph (A) is that
    the offense--
    ``(i) results in death; or
    ``(ii) involves--
    ``(I) an attempt to kill;
    ``(II) kidnapping or an attempt to kidnap; or
    ``(III) an offense under section 2241.

    [[Page 3022]]

    ``(3) If the offense is one under paragraph (1) or (2)(A) of
    subsection (a) and results in serious bodily injury (as defined in
    section 1365), the offender shall be fined under this title or
    imprisoned for not more than 15 years, or both.
    ``(4) If the offense is one under paragraph (1) or (2)(A) of
    subsection (a), involves knowing transportation under inhumane
    conditions, and is committed in the course of a violation of section 274
    of the Immigration and Nationality Act, or chapter 77 or section 113
    (other than under subsection (a)(4) or (a)(5) of such section) or 117 of
    this title, the offender shall be fined under this title or imprisoned
    for not more than 15 years, or both.''.
    (b) Definition.--Section 2237(e) of title 18, United States Code, is
    amended--
    (1) by amending paragraph (3) to read as follows:
    ``(3) the term `vessel subject to the jurisdiction of the
    United States' has the meaning given the term in section 70502
    of title 46;'';
    (2) in paragraph (4), by striking ``section 2 of the
    Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).'' and
    inserting ``section 70502 of title 46; and''; and
    (3) by adding at the end the following new paragraph:
    ``(5) the term `transportation under inhumane conditions'
    means--
    ``(A) transportation--
    ``(i) of one or more persons in an engine
    compartment, storage compartment, or other
    confined space;
    ``(ii) at an excessive speed; or
    ``(iii) of a number of persons in excess of
    the rated capacity of the vessel; or
    ``(B) intentional grounding of a vessel in which
    persons are being transported.''.
    SEC. 918. <> CAPITAL INVESTMENT PLAN.

    The Commandant of the Coast Guard shall submit to the Committee on
    Transportation and Infrastructure and the Committee on Commerce,
    Science, and Transportation of the Senate the Coast Guard's 5-year
    capital investment plan concurrent with the President's budget
    submission for each fiscal year.
    SEC. 919. REPORTS.

    Notwithstanding any other provision of law, in fiscal year 2011 the
    total amount of appropriated funds obligated or expended by the Coast
    Guard during any fiscal year in connection with any study or report
    required by law may not exceed the total amount of appropriated funds
    obligated or expended by the Coast Guard for such purpose in fiscal year
    2010. <> In order to comply with the requirements of
    this limitation, the Commandant of the Coast Guard shall establish for
    each fiscal year a rank order of priority for studies and reports that
    can be conducted or completed during the fiscal year consistent with
    this limitation and shall post the list on the Coast Guard's public
    website.
    SEC. 920. COMPLIANCE PROVISION.

    The budgetary effects of this Act, for purposes of complying with
    the Statutory Pay-As-You-Go Act of 2010, shall be determined by
    reference to the latest statement titled ``Budgetary Effects of PAYGO
    Legislation'' for this Act, jointly submitted for printing in the
    Congressional Record by the Chairmen of the House and

    [[Page 3023]]

    Senate Budget Committees, provided that such statement has been
    submitted prior to the vote on passage in the House acting first on this
    conference report or amendments between the Houses.
    SEC. 921. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE.

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

    TITLE X--CLEAN HULLS

    Subtitle A--General Provisions

    SEC. 1011. <> DEFINITIONS.

    In this title:
    (1) Administrator.--The term ``Administrator'' means the
    Administrator of the Environmental Protection Agency.
    (2) Antifouling system.--The term ``antifouling system''
    means a coating, paint, surface treatment, surface, or device
    that is used or intended to be used on a vessel to control or
    prevent attachment of unwanted organisms.
    (3) Convention.--The term ``Convention'' means the
    International Convention on the Control of Harmful Anti-Fouling
    Systems on Ships, 2001, including its annexes, and including any
    amendments to the Convention or annexes which have entered into
    force for the United States.
    (4) FPSO.--The term ``FPSO'' means a floating production,
    storage, or offloading unit.
    (5) FSU.--The term ``FSU'' means a floating storage unit.
    (6) Gross tonnage.--The term ``gross tonnage'' as defined in
    chapter 143 of title 46, United States Code, means the gross
    tonnage calculated in accordance with the tonnage measurement
    regulations contained in annex 1 to the International Convention
    on Tonnage Measurement of Ships, 1969.
    (7) International voyage.--The term ``international voyage''
    means a voyage by a vessel entitled to fly the flag of one
    country to or from a port, shipyard, offshore terminal, or other
    place under the jurisdiction of another country.
    (8) Organotin.--The term ``organotin'' means any compound or
    additive of tin bound to an organic ligand, that is used or
    intended to be used as biocide in an antifouling system.
    (9) Person.--The term ``person'' means--
    (A) any individual, partnership, association,
    corporation, or organized group of persons whether
    incorporated or not;
    (B) any department, agency, or instrumentality of
    the United States, except as provided in section
    3(b)(2); or

    [[Page 3024]]

    (C) any other government entity.
    (10) Secretary.--The term ``Secretary'' means the Secretary
    of the department in which the Coast Guard is operating.
    (11) Sell or distribute.--The term ``sell or distribute''
    means to distribute, sell, offer for sale, hold for
    distribution, hold for sale, hold for shipment, ship, deliver
    for shipment, release for shipment, import, export, hold for
    import, hold for export, or receive and (having so received)
    deliver or offer to deliver.
    (12) Vessel.--The term ``vessel'' has the meaning given that
    term in section 3 of title 1, United States Code, including
    hydrofoil boats, air cushion watercraft, submersibles, floating
    craft, fixed or floating platforms, floating storage units, and
    floating production, storage, and offloading units.
    (13) Territorial sea.--The term ``territorial sea'' means
    the territorial sea as described in Presidential Proclamation
    No. 5928 on December 27, 1988.
    (14) United states.--The term ``United States'' means the
    several States of the United States, the District of Columbia,
    Puerto Rico, Guam, American Samoa, the Virgin Islands, the
    Commonwealth of the Northern Marianas, and any other territory
    or possession over which the United States has jurisdiction.
    (15) Use.--The term ``use'' includes application,
    reapplication, installation, or any other employment of an
    antifouling system.
    SEC. 1012. <> COVERED VESSELS.

    (a) Included Vessel.--Except as provided in subsection (b), after
    the Convention enters into force for the United States, the following
    vessels are subject to the requirements of this title:
    (1) A vessel documented under chapter 121 of title 46,
    United States Code, or one operated under the authority of the
    United States, wherever located.
    (2) Any vessel permitted by a Federal agency to operate on
    the Outer Continental Shelf.
    (3) Any other vessel when--
    (A) in the internal waters of the United States;
    (B) in any port, shipyard, offshore terminal, or
    other place in the United States;
    (C) lightering in the territorial sea; or
    (D) to the extent consistent with international law,
    anchoring in the territorial sea of the United States.

    (b) Excluded Vessels.--
    (1) In general.--The following vessels are not subject to
    the requirements of this title:
    (A) Any warship, naval auxiliary, or other vessel
    owned or operated by a foreign state, and used, for the
    time being, only on government noncommercial service.
    (B) Except as provided in paragraph (2), any
    warship, naval auxiliary, or other vessel owned or
    operated by the United States and used for the time
    being only on government noncommercial service.
    (2) Application to united states government vessels.--
    (A) In general.--The Administrator may apply any
    requirement of this title to one or more classes of
    vessels described in paragraph (1)(B), if the head of
    the Federal

    [[Page 3025]]

    department or agency under which those vessels operate
    concurs in that application.
    (B) Limitation for combat-related vessel.--
    Subparagraph (A) shall not apply to combat-related
    vessels.
    SEC. 1013. ADMINISTRATION AND ENFORCEMENT.

    (a) In General.--Unless otherwise specified in this title, with
    respect to a vessel, the Secretary shall administer and enforce the
    Convention and this title.
    (b) Administrator.--Except with respect to section 1031(b) and (c),
    the Administrator shall administer and enforce subtitle C.
    (c) Regulations.--The Administrator and the Secretary may each
    prescribe and enforce regulations as may be necessary to carry out their
    respective responsibilities under this title.
    SEC. 1014. COMPLIANCE WITH INTERNATIONAL LAW.

    Any action taken under this title shall be taken in accordance with
    treaties to which the United States is a party and other international
    obligations of the United States.
    SEC. 1015. UTILIZATION OF PERSONNEL, FACILITIES OR EQUIPMENT OF
    OTHER FEDERAL DEPARTMENTS AND AGENCIES.

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

    Subtitle B--Implementation of the Convention

    SEC. 1021. <> CERTIFICATES.

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

    [[Page 3026]]

    to the Convention, may demonstrate compliance with this title through
    other appropriate documentation considered acceptable by the Secretary.
    SEC. 1022. <> DECLARATION.

    (a) Requirements.--On entry into force of the Convention for the
    United States, a vessel of at least 24 meters in length, but less than
    400 gross tons engaged on an international voyage (except fixed or
    floating platforms, FSUs, and FPSOs) must carry a declaration described
    in subsection (b) that is signed by the owner or owner's authorized
    agent. That declaration shall be accompanied by appropriate
    documentation, such as a paint receipt or a contractor invoice, or
    contain an appropriate endorsement.
    (b) Content of Declaration.--The declaration must contain a clear
    statement that the antifouling system on the vessel complies with the
    Convention. The Secretary may prescribe the form and other requirements
    of the declaration.
    SEC. 1023. <> OTHER COMPLIANCE DOCUMENTATION.

    In addition to the requirements under sections 1021 and 1022, the
    Secretary may require vessels to hold other documentation considered
    necessary to verify compliance with this title.
    SEC. 1024. <> PROCESS FOR CONSIDERING
    ADDITIONAL CONTROLS.

    (a) Actions by Administrator.--The Administrator may--
    (1) participate in the technical group described in Article
    7 of the Convention, and in any other body convened pursuant to
    the Convention for the consideration of new or additional
    controls on antifouling systems;
    (2) evaluate any risks of adverse effects on nontarget
    organisms or human health presented by a given antifouling
    system such that the amendment of annex 1 of the Convention may
    be warranted;
    (3) undertake an assessment of relevant environmental,
    technical, and economic considerations necessary to evaluate any
    proposals for new or additional controls of antifouling systems
    under the Convention, including benefits in the United States
    and elsewhere associated with the production and use in the
    United States and elsewhere, of the subject antifouling system;
    and
    (4) develop recommendations based on that assessment.

    (b) Referrals to Technical Group.--
    (1) Convening <> of shipping
    coordinating committee.--On referral of any antifouling system
    to the technical group described in article 7 of the Convention
    for consideration of new or additional controls, the Secretary
    of State shall convene a public meeting of the Shipping
    Coordinating Committee for the purpose of receiving information
    and comments regarding controls on such
    antifouling <> system. The Secretary of State shall publish advance
    notice of such meeting in the Federal Register and on the State
    Department's Web site. The Administrator shall assemble and
    maintain a public docket containing notices pertaining to that
    meeting, any comments responding to those notices, the minutes
    of that meeting, and materials presented at that meeting.
    (2) Report by technical group.--The Administrator shall
    promptly make any report by the technical group described in the
    Convention available to the public through the docket

    [[Page 3027]]

    established pursuant to subsection (b) and announce the
    availability of that report in the Federal <> Register. The Administrator shall provide an
    opportunity for public comment on the report for a period of not
    less than 30 days from the time the availability of the report
    is announced in the Federal Register.
    (3) Consideration of comments.--To the extent practicable,
    the Administrator shall take any comments into consideration in
    developing recommendations under subsection (a).
    SEC. 1025. <> SCIENTIFIC AND TECHNICAL
    RESEARCH AND MONITORING; COMMUNICATION
    AND INFORMATION.

    The Secretary, the Administrator, and the Administrator of the
    National Oceanic and Atmospheric Administration may each undertake
    scientific and technical research and monitoring pursuant to article 8
    of the Convention and to promote the availability of relevant
    information concerning--
    (1) scientific and technical activities undertaken in
    accordance with the Convention;
    (2) marine scientific and technological programs and their
    objectives; and
    (3) the effects observed from any monitoring and assessment
    programs relating to antifouling systems.
    SEC. 1026. <> COMMUNICATION AND EXCHANGE OF
    INFORMATION.

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

    Subtitle C--Prohibitions and Enforcement Authority

    SEC. 1031. <> PROHIBITIONS.

    (a) In General.--Notwithstanding any other provision of law, it is
    unlawful for any person--
    (1) to act in violation of this title, or any regulation
    prescribed under this title;
    (2) to sell or distribute in domestic or international
    commerce organotin or an antifouling system containing
    organotin;
    (3) to manufacture, process, or use organotin to formulate
    an antifouling system;
    (4) to apply an antifouling system containing organotin on
    any vessel to which this title applies; or
    (5) after the Convention enters into force for the United
    States, to apply or otherwise use in a manner inconsistent with
    the Convention, an antifouling system on any vessel that is
    subject to this title.

    (b) Vessel Hulls.--Except as provided in subsection (c), no vessel
    shall bear on its hull or outer surface any antifouling system
    containing organotin, regardless of when such system was applied,

    [[Page 3028]]

    unless that vessel bears an overcoating which forms a barrier to
    organotin leaching from the underlying antifouling system.
    (c) Limitations.--
    (1) Excepted vessel.--Subsection (b) does not apply to fixed
    or floating platforms, FSUs, or FPSOs that were constructed
    prior to January 1, 2003, and that have not been in dry dock on
    or after that date.
    (2) Sale, manufacture, etc.--This section does not apply
    to--
    (A) the sale, distribution, or use pursuant to any
    agreement between the Administrator and any person that
    results in an earlier prohibition or cancellation date
    than specified in this title; or
    (B) the manufacture, processing, formulation, sale,
    distribution, or use of organotin or antifouling systems
    containing organotin used or intended for use only for
    sonar domes or in conductivity sensors in oceanographic
    instruments.
    SEC. 1032. <> INVESTIGATIONS AND INSPECTIONS
    BY SECRETARY.

    (a) In General.--The Secretary may conduct investigations and
    inspections regarding a vessel's compliance with this title or the
    Convention.
    (b) Violations; Subpoenas.--
    (1) In general.--In any investigation under this section,
    the Secretary may issue a subpoena to require the attendance of
    a witness or the production of documents or other evidence if--
    (A) before the issuance of the subpoena, the
    Secretary requests a determination by the Attorney
    General of the United States as to whether the subpoena
    will interfere with a criminal investigation; and
    (B) the Attorney General--
    (i) <> determines that
    the subpoena will not interfere with a criminal
    investigation; or
    (ii) <> fails to make a
    determination under clause (i) before the date
    that is 30 days after the date on which the
    Secretary makes a request under subparagraph (A).
    (2) Enforcement.--In the case of refusal to obey a subpoena
    issued to any person under this subsection, the Secretary may
    request the Attorney General to invoke the aid of the
    appropriate district court of the United States to compel
    compliance.

    (c) Further Action.--On completion of an investigation, the
    Secretary may take whatever further action the Secretary considers
    appropriate under the Convention or this title.
    (d) Cooperation.--The Secretary may cooperate with other parties to
    the Convention in the detection of violations and in enforcement of the
    Convention. Nothing in this section affects or alters requirements under
    any other laws.
    SEC. 1033. <> EPA ENFORCEMENT.

    (a) Inspections, Subpoenas.--
    (1) In general.--For purposes of enforcing this title or any
    regulation prescribed under this title, officers or employees of
    the Environmental Protection Agency or of any State designated
    by the Administrator may enter at reasonable times

    [[Page 3029]]

    any location where there is being held or may be held organotin
    or any other substance or antifouling system regulated under the
    Convention, for the purpose of inspecting and obtaining samples
    of any containers or labeling for organotin or other substance
    or system regulated under the Convention.
    (2) Subpoenas.--
    (A) In general.--In any investigation under this
    section, the Administrator may issue a subpoena to
    require the attendance of a witness or the production of
    documents or other evidence if--
    (i) before <> the
    issuance of the subpoena, the Administrator
    requests a determination by the Attorney General
    of the United States as to whether the subpoena
    will interfere with a criminal investigation; and
    (ii) the Attorney General--
    (I) determines that the subpoena
    will not interfere with a criminal
    investigation; or
    (II) <> fails to
    make a determination under subclause (I)
    before the date that is 30 days after
    the date on which the Administrator
    makes a request under clause (i).
    (B) Enforcement.--In the case of refusal to obey a
    subpoena issued to any person under this paragraph, the
    Administrator may request the Attorney General to invoke
    the aid of the appropriate district court of the United
    States to compel compliance.

    (b) Stop Manufacture, Sale, Use, or Removal Orders.--Consistent with
    section 1013, whenever any organotin or other substance or system
    regulated under the Convention is found by the Administrator and there
    is reason to believe that a manufacturer, seller, distributor, or user
    has violated or is in violation of any provision of this title, or that
    such organotin or other substance or system regulated under the
    Convention has been or is intended to be manufactured, distributed,
    sold, or used in violation of this title, the Administrator may issue a
    stop manufacture, sale, use, or removal order to any person that owns,
    controls, or has custody of such organotin or other substance or system
    regulated under the Convention. After receipt of that order the person
    may not manufacture, sell, distribute, use, or remove the organotin or
    other substance or system regulated under the Convention described in
    the order except in accordance with the order.
    SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINISTRATOR.

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

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

    SEC. 1041. <> CRIMINAL ENFORCEMENT.

    Any person who knowingly violates paragraph (2), (3), (4), or (5) of
    section 1031(a) or section 1031(b) shall be fined under

    [[Page 3030]]

    title 18, United States Code, or imprisoned not more than 6 years, or
    both.
    SEC. 1042. <> CIVIL ENFORCEMENT.

    (a) Civil Penalty.--
    (1) In general.--Any person who is found by the Secretary or
    the Administrator, as appropriate, after notice and an
    opportunity for a hearing, to have--
    (A) violated the Convention, this title, or any
    regulation prescribed under this title, is liable to the
    United States Government for a civil penalty of not more
    than $37,500 for each violation; or
    (B) made a false, fictitious, or fraudulent
    statement or representation in any matter in which a
    statement or representation is required to be made to
    the Secretary under the Convention, this title, or any
    regulations prescribed under this title, is liable to
    the United States for a civil penalty of not more than
    $50,000 for each such statement or representation.
    (2) Relationship to other law.--This subsection shall not
    limit or affect the authority of the Government under section
    1001 of title 18, United States Code.

    (b) Assessment of Penalty.--The <> amount of the
    civil penalty shall be assessed by the Secretary or Administrator, as
    appropriate, by written notice.

    (c) Limitation for Recreational Vessel.--A civil penalty imposed
    under subsection (a) against the owner or operator of a recreational
    vessel, as that term is defined in section 2101 of title 46, United
    States Code, for a violation of the Convention, this title, or any
    regulation prescribed under this title involving that recreational
    vessel, may not exceed $5,000 for each violation.
    (d) Determination of Penalty.--For purposes of penalties under this
    section, each day of a continuing violation constitutes a separate
    violation. In determining the amount of the penalty, the Secretary or
    Administrator shall take into account the nature, circumstances, extent,
    and gravity of the prohibited acts committed and, with respect to the
    violator, the degree of culpability, any history of prior offenses, the
    economic impact of the penalty on the violator, the economic benefit to
    the violator and other matters as justice may require.
    (e) Reward.--An amount equal to not more than one-half of any civil
    penalty assessed by the Secretary or Administrator under this section
    may, subject to the availability of appropriations, be paid by the
    Secretary or Administrator, respectively, to any person who provided
    information that led to the assessment or imposition of the penalty.
    (f) Referral to Attorney General.--If any person fails to pay a
    civil penalty assessed under this section after it has become final, or
    comply with an order issued under this title, the Secretary or
    Administrator, as appropriate, may refer the matter to the Attorney
    General of the United States for collection in any appropriate district
    court of the United States.
    (g) Compromise, Modification, or Remission.--Before referring any
    civil penalty that is subject to assessment or has been assessed under
    this section to the Attorney General, the Secretary, or Administrator,
    as appropriate, may compromise, modify, or remit, with or without
    conditions, the civil penalty.

    [[Page 3031]]

    (h) Nonpayment Penalty.--Any person who fails to pay on a timely
    basis a civil penalty assessed under this section shall also be liable
    to the United States for interest on the penalty at an annual rate equal
    to 11 percent compounded quarterly, attorney fees and costs for
    collection proceedings, and a quarterly nonpayment penalty for each
    quarter during which such failure to pay persists. That nonpayment
    penalty shall be in an amount equal to 20 percent of the aggregate
    amount of that person's penalties and nonpayment penalties that are
    unpaid as of the beginning of that quarter.
    SEC. 1043. <> LIABILITY IN REM.

    A vessel operated in violation of the Convention, this title, or any
    regulation prescribed under this title, is liable in rem for any fine
    imposed under section 18, United States Code, or civil penalty assessed
    pursuant to section 1042, and may be proceeded against in the United
    States district court of any district in which the vessel may be found.
    SEC. 1044. <> VESSEL CLEARANCE OR PERMITS;
    REFUSAL OR REVOCATION; BOND OR OTHER
    SURETY.

    If any vessel that is subject to the Convention or this title, or
    its owner, operator, or person in charge, is liable for a fine or civil
    penalty under section 1042 or 1043, or if reasonable cause exists to
    believe that the vessel, its owner, operator, or person in charge may be
    subject to a fine or civil penalty under section 1042 or 1043, the
    Secretary may refuse or revoke the clearance required by section 60105
    of title 46, United States Code. Clearance may be granted upon the
    filing of a bond or other surety satisfaction to the Secretary.
    SEC. 1045. <> WARNINGS, DETENTIONS,
    DISMISSALS, EXCLUSION.

    (a) In General.--If a vessel is detected to be in violation of the
    Convention, this title, or any regulation prescribed under this title,
    the Secretary may warn, detain, dismiss, or exclude the vessel from any
    port or offshore terminal under the jurisdiction of the United States.
    (b) Notifications.--If action is taken under subsection (a), the
    Secretary, in consultation with the Secretary of State, shall make the
    notifications required by the Convention.
    SEC. 1046. <> REFERRALS FOR APPROPRIATE ACTION
    BY FOREIGN COUNTRY.

    Notwithstanding sections 1041, 1042, 1043, and 1045, if a violation
    of the Convention is committed by a vessel registered in or of the
    nationality of a country that is a party to the Convention, or by a
    vessel operated under the authority of a country that is a party to the
    Convention, the Secretary, acting in coordination with the Secretary of
    State, may refer the matter to the government of the country of the
    vessel's registry or nationality, or under whose authority the vessel is
    operating, for appropriate action, rather than taking the actions
    otherwise required or authorized by this subtitle.
    SEC. 1047. <> REMEDIES NOT AFFECTED.

    (a) In General.--Nothing in this title limits, denies, amends,
    modifies, or repeals any other remedy available to the United States.

    [[Page 3032]]

    (b) Relationship to State and Local Law.--Nothing in this title
    limits, denies, amends, modifies, or repeals any rights under existing
    law, of any State, territory, or possession of the United States, or any
    political subdivision thereof, to regulate any antifouling system.
    Compliance with the requirements of a State, territory, or possession of
    the United States, or political subdivision thereof related to
    antifouling paint or any other antifouling system does not relieve any
    person of the obligation to comply with this title.
    SEC. 1048. REPEAL.

    The Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 2401
    et seq.) <>  is repealed.

    Approved October 15, 2010.

    LEGISLATIVE HISTORY--H.R. 3619 (S. 1194):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-303, Pt. 1 (Comm. on Transportation and
    Infrastructure).
    SENATE REPORTS: No. 111-95 (Comm. on Commerce, Science, and
    Transportation) accompanying S. 1194.
    CONGRESSIONAL RECORD:
    Vol. 155 (2009):
    Oct. 22, 23, considered and passed
    House.
    Vol. 156 (2010):
    May 7, considered and passed Senate,
    amended, in lieu of
    S. 1194.
    Sept. 28, House concurred in Senate
    amendment with amendments.
    Sept. 29, Senate concurred in House
    amendments with amendments.
    House concurred in Senate
    amendments.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
    Oct. 15, Presidential statement.