[111th Congress Public Law 281]
[From the U.S. Government Printing Office]
[[Page 124 STAT. 2905]]
Public Law 111-281
111th Congress
An Act
To authorize appropriations for the Coast Guard for fiscal year 2011,
and for other purposes. <<NOTE: Oct. 15, 2010 - [H.R. 3619]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Coast Guard
Authorization Act of 2010.>>
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.
[[Page 124 STAT. 2906]]
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 124 STAT. 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 124 STAT. 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 124 STAT. 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 <<NOTE: 14 USC 141.>> 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 124 STAT. 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 <<NOTE: 14 USC 461.>> 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 <<NOTE: Applicability.>> 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 124 STAT. 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 <<NOTE: 14 USC 41.>> 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 124 STAT. 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 <<NOTE: 14 USC 211.>> 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 <<NOTE: Effective date. 14 USC 426
note.>> 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 <<NOTE: 14 USC 81.>> Amendment.--The analysis for such
chapter is amended by adding at the end the following:
``99. Enforcement authority.''.
SEC. 209. <<NOTE: 14 USC 211.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: Deadline. 14 USC 7115 note.>> 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 <<NOTE: 14 USC 7101.>> 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 124 STAT. 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 <<NOTE: Appointment.>> 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 124 STAT. 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 <<NOTE: 14 USC 41.>> 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 124 STAT. 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 <<NOTE: 14 USC 211.>> 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 <<NOTE: 14 USC 81.>> 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 <<NOTE: 14 USC 93 note.>> 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 124 STAT. 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. <<NOTE: Deadline. Study. Notification.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: 14 USC 687a.>> 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 <<NOTE: 14 USC 680 note.>> Clause.--This section shall
not affect any action commenced prior to the date of enactment of this
Act.
(c) Clerical <<NOTE: 14 USC 680.>> 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 <<NOTE: Regulations. Fees.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: 14 USC 461.>> 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 124 STAT. 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 <<NOTE: Penalty.>> 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 <<NOTE: Notification.>> 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 124 STAT. 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 124 STAT. 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 124 STAT. 2926]]
vessel of that foreign country as complying with this chapter and the
regulations prescribed under this chapter.''.
(j) Clerical <<NOTE: 46 USC 14501.>> 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. <<NOTE: Deadline.>> 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 <<NOTE: Plans.>> 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 <<NOTE: Reports.>> 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 <<NOTE: Determination. Federal Register,
publication.>> 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 124 STAT. 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 <<NOTE: Notice.>> 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, <<NOTE: Deadline. Contracts.>> 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 <<NOTE: Notice.>> 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. <<NOTE: 14 USC 92 note.>> 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 124 STAT. 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 <<NOTE: Deadline.>> 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 124 STAT. 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 <<NOTE: Deadline.>> 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 <<NOTE: Lists.>> Commandant shall periodically
publish a list of the positions designated under paragraph (1).
[[Page 124 STAT. 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 <<NOTE: 14 USC 41.>> 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 <<NOTE: 14 USC 56 note.>> 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 <<NOTE: 14 USC 56 note.>> Rate Supplements.--
(1) Requirement <<NOTE: Deadline.>> 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 124 STAT. 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 <<NOTE: 14 USC 56 note.>> of Disputes to the Chief
Acquisition Officer.-- <<NOTE: Deadline.>> 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) <<NOTE: 14 USC 561.>> 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 124 STAT. 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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 124 STAT. 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 124 STAT. 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) <<NOTE: Publication.>> 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 <<NOTE: Deadline.>> 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 124 STAT. 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 <<NOTE: Certification.>> 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 124 STAT. 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 <<NOTE: Certification.>> 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 124 STAT. 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 <<NOTE: Review. Deadline.>> 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 <<NOTE: Memorandum.>> 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 124 STAT. 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 <<NOTE: Deadline. Reports.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: Deadline.>> 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 124 STAT. 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 124 STAT. 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 124 STAT. 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 124 STAT. 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 124 STAT. 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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 124 STAT. 2946]]
``(5) Asset <<NOTE: Notifications.>> 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 <<NOTE: Deadline.>> 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 124 STAT. 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 <<NOTE: Reports.>> program baseline
breach
``(a) In <<NOTE: Deadline.>> 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 124 STAT. 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 <<NOTE: Certification.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: 14 USC 1.>> 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 <<NOTE: Deadline. Assessment.>> 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 <<NOTE: Definition.>> 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 124 STAT. 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 <<NOTE: Coast Guard Modernization Act of 2010.>> GUARD
MODERNIZATION
SEC. 501. <<NOTE: 14 USC 1 note.>> 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 <<NOTE: Effective date. Termination date.>> 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 124 STAT. 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 <<NOTE: 14 USC 50a.>> is
repealed.
(c) Conforming Amendments.--Section 51 of such title <<NOTE: 14 USC
51.>> 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 124 STAT. 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 <<NOTE: 14 USC 41.>> 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 <<NOTE: 14 USC 50 note.>> 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 <<NOTE: Availability.>> Secretary shall make available published
information on such career paths.
[[Page 124 STAT. 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 124 STAT. 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 <<NOTE: Guidelines.>> 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 124 STAT. 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 <<NOTE: 14 USC 41.>> 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 124 STAT. 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 <<NOTE: Effective
date. Deadline. Plans.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: 46 USC 2101.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: 14 USC 81.>> 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 <<NOTE: 14 USC 181.>> 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 <<NOTE: Maritime Safety Act of 2010.>> SAFETY
SEC. 601. <<NOTE: 46 USC 101 note.>> 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 124 STAT. 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) <<NOTE: 16 USC 1851 note.>> 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 124 STAT. 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) <<NOTE: 16 USC 1851 note.>> 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 124 STAT. 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 <<NOTE: Reports.>> 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 124 STAT. 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 <<NOTE: Records.>> 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) <<NOTE: Deadline. Certification.>> 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 124 STAT. 2964]]
``(3) The <<NOTE: Regulations. Certification. Deadline.>> 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 <<NOTE: Public information. Database.>> 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 <<NOTE: Grants.>> 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) <<NOTE: Grants.>> 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 124 STAT. 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 <<NOTE: 46 USC 4501.>> 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 124 STAT. 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 <<NOTE: Applicability.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date. Contracts.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Certification.>> have on board a certificate
from that society.''.
(2) Clerical <<NOTE: 46 USC 4501.>> 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 124 STAT. 2967]]
(f) Alternative Safety Compliance Program.--No <<NOTE: Deadline. 46
USC 4503 note.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Penalty.>> 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 <<NOTE: 46 USC 11301.>> 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 124 STAT. 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 <<NOTE: Deadline. Review.>> 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 <<NOTE: 46 USC 2101.>> 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 <<NOTE: 46 USC 3101.>> Amendment.--The table of
sections at the beginning of such chapter is amended by adding at the
end the following:
``3104. Survival craft.''.
[[Page 124 STAT. 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 <<NOTE: Regulations.>> 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 <<NOTE: Notification.>> 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 124 STAT. 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 <<NOTE: 46 USC 2114 note.>> 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 <<NOTE: Compliance.>> 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 <<NOTE: Definition.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: 46 USC 7501.>> 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 124 STAT. 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) <<NOTE: Applicability.>> 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 <<NOTE: 46 USC 3703 note.>> Fuel Tank Protection.--
(1) Application.--An <<NOTE: Compliance.>> offshore supply
vessel of at least 6,000 gross tons as measured under section
14302 of title
[[Page 124 STAT. 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) <<NOTE: 46 USC 3703 note.>> Regulations.--
(1) In general.--Not <<NOTE: Deadline.>> 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 124 STAT. 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 <<NOTE: Regulations.>> 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. <<NOTE: Deadlines.>> 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 124 STAT. 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 <<NOTE: 105 Stat.
2213.>> 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) <<NOTE: 105 Stat. 2215.>> 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 124 STAT. 2977]]
(1) by striking subsection (a) and inserting the following:
``(a) <<NOTE: Establishment.>> 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 <<NOTE: Designation.>> 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 <<NOTE: Deadline. Federal Register,
publication. Notice.>> 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 124 STAT. 2978]]
``(b) Functions.--The <<NOTE: Consultation. Recommenda-
tions.>> 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. <<NOTE: Deadlines.>> 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 <<NOTE: Records. Public
information.>> 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 <<NOTE: Deadlines.>> 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 124 STAT. 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) <<NOTE: Contracts.>> 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) <<NOTE: Records.>> 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) <<NOTE: Definitions.>> 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 124 STAT. 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. <<NOTE: Deadlines.>> RULEMAKINGS.
(a) Status <<NOTE: 33 USC 1321 note.>> 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 <<NOTE: 33 USC 1321 note.>> 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 <<NOTE: 46 USC 3306 note.>> 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. <<NOTE: 46 USC 3703 note.>> OIL TRANSFERS FROM VESSELS.
(a) Regulations.--Within <<NOTE: Deadline.>> 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 124 STAT. 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. <<NOTE: 46 USC 3703 note.>> 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 124 STAT. 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. <<NOTE: 33 USC 1321a.>> 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 124 STAT. 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. <<NOTE: 33 USC 1321b.>> IMPROVED COORDINATION WITH
TRIBAL GOVERNMENTS.
(a) In <<NOTE: Deadline. Consultation policy.>> 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 124 STAT. 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 124 STAT. 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 124 STAT. 2986]]
SEC. 709. <<NOTE: 33 USC 1321c.>> 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 <<NOTE: Deadlines.>> 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 <<NOTE: Deadlines.>> Analysis.--
(1) In <<NOTE: Canada.>> 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 124 STAT. 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 <<NOTE: Applicability.>> 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 <<NOTE: Regulations.>> 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 <<NOTE: 46 USC 3703 note.>> 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 <<NOTE: 46 USC 3703 note.>> 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 <<NOTE: Alaska. Deadline.>> 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 124 STAT. 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 124 STAT. 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. <<NOTE: Reports.>> 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 <<NOTE: 46 USC 70101.>> 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 <<NOTE: Deadline.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: 46 USC 70101.>> amended by
striking the item relating to section 70106 and inserting the following:
``70106. Deployable, specialized forces.''.
SEC. 805. <<NOTE: 46 USC 70106 note.>> 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 <<NOTE: Deadline.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: 46 USC 70101.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: 46 USC 70101.>> is amended by adding at the end the
following:
``70123. Mobile biometric identification.''.
[[Page 124 STAT. 2994]]
(c) Cost <<NOTE: Deadline.>> 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. <<NOTE: 46 USC 70105 note.>> PILOT PROGRAM FOR
FINGERPRINTING OF MARITIME WORKERS.
(a) In <<NOTE: Deadline. Procedures.>> 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 124 STAT. 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. <<NOTE: 46 USC 70103 note.>> 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. <<NOTE: 46 USC 70101 note.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: Deadline.>> 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 124 STAT. 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 124 STAT. 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. <<NOTE: 46 USC 70105 note.>> ASSESSMENT OF
TRANSPORTATION SECURITY CARD ENROLLMENT
SITES.
(a) In <<NOTE: Deadline.>> 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. <<NOTE: Reports.>> 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 124 STAT. 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 <<NOTE: Review.>> 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 <<NOTE: 46 USC 70105 note.>> 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 124 STAT. 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 <<NOTE: 46 USC 70101.>> 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 124 STAT. 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 124 STAT. 3003]]
``(e) Established <<NOTE: Regulations.>> 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 <<NOTE: Repeal.>> 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, <<NOTE: 46 USC 70101.>> 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 <<NOTE: Records.>> 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 <<NOTE: Deadline. Plan.>> 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 124 STAT. 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 <<NOTE: 6 USC 945 note.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Deadlines.>> BASED RESOURCE ALLOCATION.
(a) National <<NOTE: 46 USC 70101 note.>> 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 124 STAT. 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 <<NOTE: Regulations.>> 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 124 STAT. 3006]]
``(A) <<NOTE: Publication.>> 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 124 STAT. 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 <<NOTE: 46 USC 70101.>> 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 124 STAT. 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 <<NOTE: Federal Register,
publication. Notice.>> 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 <<NOTE: Notice. Public
comments. 46 USC 12102 note.>> 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 124 STAT. 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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 124 STAT. 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 <<NOTE: Effective date.>> with enactment of the Coast Guard
and Maritime Transportation Act of 2006 (Public Law 109-241), such
Act <<NOTE: 16 USC 460kkk note.>> is amended--
(1) in section 311(b) (120 Stat. 530) <<NOTE: 46 USC
8104.>> by inserting ``paragraphs (1) and (2) of'' before
``section 8104(o)'';
(2) in section 603(a)(2) (120 Stat. 554) <<NOTE: 33 USC
2704.>> 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) <<NOTE: 16 USC
777m.>> by striking ``the'' the second place it appears;
(4) in section 902(c) (120 Stat. 566) <<NOTE: 41 USC
11.>> by inserting ``of the United States'' after ``Revised
Statutes'';
(5) in section 902(e) (120 Stat. 567) <<NOTE: 41 USC
11.>> is amended--
(A) <<NOTE: 46 USC 2109.>> by inserting ``and''
after the semicolon at the end of paragraph (1);
(B) by <<NOTE: 46 USC 6308.>> 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) <<NOTE: 46 USC 6308.>> (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) <<NOTE: 16 USC 460kkk.>> (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) <<NOTE: 33 USC
494.>> is amended--
[[Page 124 STAT. 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 <<NOTE: 14 USC 141.>> 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 <<NOTE: 14 USC 631.>> 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 <<NOTE: 14 USC 181.>> 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 <<NOTE: 14 USC 8101.>> 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 <<NOTE: Deadline.>> 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 124 STAT. 3012]]
SEC. 905. <<NOTE: 33 USC 494a.>> 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 <<NOTE: Determination.>>
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 124 STAT. 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 <<NOTE: Deadline.>> 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 <<NOTE: Reports.>> 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 <<NOTE: Determination.>> responsibility for all reasonable and
necessary costs, including real estate transaction and environmental
documentation costs, associated with the transaction
[[Page 124 STAT. 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 <<NOTE: Contracts.>> 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 124 STAT. 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 <<NOTE: Notice. Deadline.>> 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 <<NOTE: Records.>> 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) <<NOTE: Notices. Deadlines.>> 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 124 STAT. 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. <<NOTE: Deadline. Reports.>> 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 <<NOTE: Regulations.>> 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 124 STAT. 3017]]
``(b) Promotion of Coordinated Action.--
To <<NOTE: Contracts.>> 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 <<NOTE: 46 USC 8101.>> 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 <<NOTE: 46 USC 8107 note.>> Rules for the Use of Force
for Self-defense of Vessels of the United States.--
Not <<NOTE: Deadline.>> 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) <<NOTE: Definition.>> `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 124 STAT. 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. <<NOTE: 14 USC 92 note.>> 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 <<NOTE: Deadline.>> 60 days after
the date of enactment of this Act, the Commandant of the Coast Guard
shall--
(1) <<NOTE: Determination.>> 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 124 STAT. 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 <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> submit a report on the assessment
required by this section to the committees.
(c) Submission of <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: Contracts.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Payments.>> 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 124 STAT. 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. <<NOTE: 14 USC 663 note.>> 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. <<NOTE: Web posting.>> 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 124 STAT. 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 <<NOTE: Definition.>> 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. <<NOTE: 33 USC 3801.>> 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 124 STAT. 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. <<NOTE: 33 USC 3802.>> 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 124 STAT. 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. <<NOTE: 33 USC 3821.>> 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 124 STAT. 3026]]
to the Convention, may demonstrate compliance with this title through
other appropriate documentation considered acceptable by the Secretary.
SEC. 1022. <<NOTE: 33 USC 3822.>> 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. <<NOTE: 33 USC 3823.>> 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. <<NOTE: 33 USC 3824.>> 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 <<NOTE: Public information.>> 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 <<NOTE: Federal Register, publication. Notice. Web
posting.>> 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 124 STAT. 3027]]
established pursuant to subsection (b) and announce the
availability of that report in the Federal <<NOTE: Public
comments.>> 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. <<NOTE: 33 USC 3825.>> 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. <<NOTE: 33 USC 3826.>> 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. <<NOTE: 33 USC 3841.>> 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 124 STAT. 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. <<NOTE: 33 USC 3842.>> 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) <<NOTE: Determination.>> determines that
the subpoena will not interfere with a criminal
investigation; or
(ii) <<NOTE: Deadline.>> 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. <<NOTE: 33 USC 3843.>> 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 124 STAT. 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 <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 33 USC 3851.>> 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 124 STAT. 3030]]
title 18, United States Code, or imprisoned not more than 6 years, or
both.
SEC. 1042. <<NOTE: 33 USC 3852.>> 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 <<NOTE: Notice.>> 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 124 STAT. 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. <<NOTE: 33 USC 3853.>> 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. <<NOTE: 33 USC 3854.>> 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. <<NOTE: 33 USC 3855.>> 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. <<NOTE: 33 USC 3856.>> 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. <<NOTE: 33 USC 3857.>> 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 124 STAT. 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.) <<NOTE: 33 USC 2401-2410, 2401 note.>> 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.
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