H. Rept. 111-303 - 111th Congress (2009-2010)
October 16, 2009, As Reported by the Transportation and Infrastructure Committee

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House Report 111-303 - COAST GUARD AUTHORIZATION ACT OF 2010




[House Report 111-303]
[From the U.S. Government Printing Office]


111th Congress                                            Rept. 111-303
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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



 
                 COAST GUARD AUTHORIZATION ACT OF 2010

                                _______
                                

October 16, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 3619]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3619) to authorize appropriations 
for the Coast Guard for fiscal year 2010, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

Sec. 1. Short title.

                         TITLE I--AUTHORIZATION

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

                         TITLE II--COAST GUARD

Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
(AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Repeal.
Sec. 210. Merchant Mariner Medical Advisory Committee.
Sec. 211. Reserve commissioned warrant officer to lieutenant program.
Sec. 212. Enhanced status quo officer promotion system.
Sec. 213. Laser Training System.
Sec. 214. Coast Guard vessels and aircraft.
Sec. 215. Coast Guard District Ombudsmen.
Sec. 216. Coast Guard commissioned officers: compulsory retirement.
Sec. 217. Enforcement of coastwise trade laws.
Sec. 218. Academy nominations.
Sec. 219. Report on sexual assaults in the Coast Guard.
Sec. 220. Home port of Coast Guard vessels in Guam.
Sec. 221. Minority serving institutions.

                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Goods and services.
Sec. 302. Seaward extension of anchorage grounds jurisdiction.
Sec. 303. Maritime Drug Law Enforcement Act amendment-simple 
possession.
Sec. 304. Technical amendments to tonnage measurement law.
Sec. 305. Adjustment of liability limits for natural gas deepwater 
ports.
Sec. 306. Period of limitations for claims against Oil Spill Liability 
Trust Fund.
Sec. 307. Merchant mariner document standards.
Sec. 308. Report on Coast Guard determinations.
Sec. 309. Ship emission reduction technology demonstration project.
Sec. 310. Phaseout of vessels supporting oil and gas development.
Sec. 311. Arctic marine shipping assessment implementation.
Sec. 312. Supplemental positioning system.
Sec. 313. Dual escort vessels for double hulled tankers in Prince 
William Sound, Alaska.

                    TITLE IV--GREAT LAKES ICEBREAKER

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Authorization of appropriations.

                      TITLE V--ACQUISITION REFORM

Sec. 501. Short title.
Sec. 502. Definitions.

    Subtitle A--Restrictions on the Use of Lead Systems Integrators

Sec. 511. Procurement structure.

               Subtitle B--Coast Guard Acquisition Policy

Sec. 521. Operational requirements.
Sec. 522. Required contract terms.
Sec. 523. Life-cycle cost estimates.
Sec. 524. Test and evaluation.
Sec. 525. Capability standards.
Sec. 526. Acquisition program reports.
Sec. 527. Undefinitized contractual actions.
Sec. 528. Guidance on excessive pass-through charges.
Sec. 529. Acquisition of major capabilities: Alternatives analysis.
Sec. 530. Cost overruns and delays.
Sec. 531. Report on former Coast Guard officials employed by 
contractors to the agency.
Sec. 532. Department of Defense consultation.

                   Subtitle C--Coast Guard Personnel

Sec. 541. Chief Acquisition Officer.
Sec. 542. Improvements in Coast Guard acquisition management.
Sec. 543. Recognition of Coast Guard personnel for excellence in 
acquisition.
Sec. 544. Coast Guard acquisition workforce expedited hiring authority.

                TITLE VI--MARITIME WORKFORCE DEVELOPMENT

Sec. 601. Short title.
Sec. 602. Maritime education loan program.

                  TITLE VII--COAST GUARD MODERNIZATION

Sec. 701. Short title.

                   Subtitle A--Coast Guard Leadership

Sec. 711. Admirals and Vice Admirals.

                Subtitle B--Marine Safety Administration

Sec. 721. Marine safety.
Sec. 722. Marine safety staff.
Sec. 723. Marine safety mission priorities and long-term goals.
Sec. 724. Powers and duties.
Sec. 725. Appeals and waivers.
Sec. 726. Coast Guard Academy.
Sec. 727. Report regarding civilian marine inspectors.

                       TITLE VIII--MARINE SAFETY

Sec. 801. Short title.
Sec. 802. Vessel size limits.
Sec. 803. Cold weather survival training.
Sec. 804. Fishing vessel safety.
Sec. 805. Mariner records.
Sec. 806. Deletion of exemption of license requirement for operators of 
certain towing vessels.
Sec. 807. Log books.
Sec. 808. Safe operations and equipment standards.
Sec. 809. Approval of survival craft.
Sec. 810. Safety management.
Sec. 811. Protection against discrimination.
Sec. 812. Oil fuel tank protection.
Sec. 813. Oaths.
Sec. 814. Duration of credentials.
Sec. 815. Fingerprinting.
Sec. 816. Authorization to extend the duration of licenses, 
certificates of registry, and merchant mariners' documents.
Sec. 817. Merchant mariner documentation.
Sec. 818. Merchant mariner assistance report.
Sec. 819. Offshore supply vessels.
Sec. 820. Associated equipment.
Sec. 821. Lifesaving devices on uninspected vessels.
Sec. 822. Study of blended fuels in marine application.
Sec. 823. Renewal of advisory committees.

                     TITLE IX--CRUISE VESSEL SAFETY

Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Cruise vessel security and safety requirements.
Sec. 904. Study and report on the security needs of passenger vessels.

               TITLE X--UNITED STATES MARINER PROTECTION

Sec. 1001. Short title.
Sec. 1002.  Use force against piracy.
Sec. 1003. Agreements.

                        TITLE XI--PORT SECURITY

Sec. 1101. Maritime homeland security public awareness program.
Sec. 1102. Transportation Worker Identification Credential.
Sec. 1103. Review of interagency operational centers.
Sec. 1104. Maritime security response teams.
Sec. 1105. Coast Guard detection canine team program expansion.
Sec. 1106. Coast Guard port assistance program.
Sec. 1107. Maritime biometric identification.
Sec. 1108. Review of potential threats.
Sec. 1109. Port security pilot.
Sec. 1110.  Seasonal workers.
Sec. 1111. Comparative risk assessment of vessel-based and facility-
based liquefied natural gas regasification processes.
Sec. 1112. Pilot Program for fingerprinting of maritime workers.
Sec. 1113. Transportation security cards on vessels.
Sec. 1114. International labor study.
Sec. 1115. Maritime Security Advisory Committees.
Sec. 1116. Seamen's shoreside access.
Sec. 1117. Waterside security around especially hazardous material 
terminals and tankers.
Sec. 1118. Review of Liquefied Natural Gas Facilities.
Sec. 1119. Use of secondary authentication for transportation security 
cards.
Sec. 1120. Report on State and local law enforcement augmentation of 
Coast Guard resources with respect to security zones and United States 
ports.
Sec. 1121. Assessment of transportation security card enrollment sites.

                       TITLE XII--ALIEN SMUGGLING

Sec. 1201. Short title.
Sec. 1202. Findings.
Sec. 1203. Checks against terrorist watchlist.
Sec. 1204. Strengthening prosecution and punishment of alien smugglers.
Sec. 1205. Maritime law enforcement.
Sec. 1206. Amendment to the sentencing guidelines.

                  TITLE XIII--MISCELLANEOUS PROVISIONS

Sec. 1301. Certificate of documentation for GALLANT LADY.
Sec. 1302. Waivers.
Sec. 1303. Great Lakes Maritime Research Institute.
Sec. 1304. Conveyance of Coast Guard Boat House, Nantucket, 
Massachusetts.
Sec. 1305. Crew wages on passenger vessels.
Sec. 1306. Technical corrections.
Sec. 1307. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 1308. Conveyance of Coast Guard HU-25 Falcon Jet aircraft.
Sec. 1309. Decommissioned Coast Guard vessels for Haiti.
Sec. 1310. Phaseout of vessels supporting oil and gas development.
Sec. 1311. Vessel traffic risk assessment.
Sec. 1312. Study of relocation of Coast Guard Sector Buffalo 
facilities.
Sec. 1313. Conveyance of Coast Guard vessels to Mississippi.
Sec. 1314. Coast Guard assets for United States Virgin Islands.
Sec. 1315. Officer requirements for distant water tuna vessels.
Sec. 1316. Assessment of needs for additional Coast Guard presence in 
high latitude regions.
Sec. 1317. Study of regional response vessel and salvage capability for 
Olympic Peninsula coast, Washington.
Sec. 1318. Study of bridges over navigable waters.
Sec. 1319. Limitation on jurisdiction of States to tax certain seamen.
Sec. 1320. Decommissioned Coast Guard vessels for Bermuda.
Sec. 1321. Conveyance of Coast Guard vessels to Nassau County, New 
York.
Sec. 1322. Newtown Creek, New York City, New York.
Sec. 1323. Land conveyance, Coast Guard property in Marquette County, 
Michigan, to the City of Marquette, Michigan.
Sec. 1324. Mission requirement analysis for navigable portions of the 
Rio Grande River, Texas, international water boundary.
Sec. 1325. Conveyance of Coast Guard property in Cheboygan, Michigan.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  Funds are authorized to be appropriated for fiscal year 2010 for 
necessary expenses of the Coast Guard as follows:
          (1) For the operation and maintenance of the Coast Guard, 
        $6,838,291,000, of which--
                  (A) $24,500,000 is authorized to be derived from the 
                Oil Spill Liability Trust Fund to carry out the 
                purposes of section 1012(a)(5) of the Oil Pollution Act 
                of 1990 (33 U.S.C. 2712(a)(5));
                  (B) $1,110,923,000 shall be available only for paying 
                for search and rescue programs;
                  (C) $802,423,000 shall be available only for paying 
                for marine safety programs; and
                  (D) $2,274,312,000 shall be available only for paying 
                for ports, waterways, and coastal security.
          (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,597,580,000, of which--
                  (A) $20,000,000 shall be derived from the Oil Spill 
                Liability Trust Fund to carry out the purposes of 
                section 1012(a)(5) of the Oil Pollution Act of 1990, to 
                remain available until expended;
                  (B) $1,194,780,000 is authorized for the Integrated 
                Deepwater System Program; and
                  (C) $45,000,000 is authorized for shore facilities 
                and aids to navigation.
          (3) To the Commandant of the Coast Guard for research, 
        development, test, and evaluation of technologies, materials, 
        and human factors directly relating to improving the 
        performance of the Coast Guard's mission in search and rescue, 
        aids to navigation, marine safety, marine environmental 
        protection, enforcement of laws and treaties, ice operations, 
        oceanographic research, and defense readiness, $29,745,000, to 
        remain available until expended, of which $500,000 shall be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990.
          (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $1,361,245,000, to remain 
        available until expended.
          (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program, $16,000,000.
          (6) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operation and maintenance), $13,198,000, to remain 
        available until expended.
          (7) For the Coast Guard Reserve program, including personnel 
        and training costs, equipment, and services, $133,632,000.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

  (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 47,000 for the fiscal year 
ending on September 30, 2010.
  (b) Military Training Student Loads.--For fiscal year 2010, the Coast 
Guard is authorized average military training student loads as follows:
          (1) For recruit and special training, 2,500 student years.
          (2) For flight training, 165 student years.
          (3) For professional training in military and civilian 
        institutions, 350 student years.
          (4) For officer acquisition, 1,200 student years.

                         TITLE II--COAST GUARD

SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

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

``Sec. 153. Appointment of judges

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

``153. Appointment of judges.''.

SEC. 202. INDUSTRIAL ACTIVITIES.

  Section 151 of title 14, United States Code, is amended--
          (1) by inserting ``(a) In General.--'' before ``All orders''; 
        and
          (2) by adding at the end the following:
  ``(b) Orders and Agreements for Industrial Activities.--Under this 
section, the Coast Guard industrial activities may accept orders from 
and enter into reimbursable agreements with establishments, agencies, 
and departments of the Department of Defense.''.

SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.

  (a) In General.--Chapter 13 of title 14, United States Code, is 
amended by adding at the end the following:

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

  ``In any case in which a covered beneficiary (as defined in section 
1072(5) of title 10) resides on an island that is located in the 48 
contiguous States and the District of Columbia and that lacks public 
access roads to the mainland and is referred by a primary care 
physician to a specialty care provider (as defined in section 1074i(b) 
of title 10) on the mainland who provides services less than 100 miles 
from the location where the beneficiary resides, the Secretary shall 
reimburse the reasonable travel expenses of the covered beneficiary 
and, when accompaniment by an adult is necessary, for a parent or 
guardian of the covered beneficiary or another member of the covered 
beneficiary's family who is at least 21 years of age.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
adding at the end the following:

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

SEC. 204. COMMISSIONED OFFICERS.

  (a) Active Duty Promotion List.--Section 42 of title 14, United 
States Code, is amended to read as follows:

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

  ``(a) Maximum Total Number.--The total number of Coast Guard 
commissioned officers on the active duty promotion list, excluding 
warrant officers, shall not exceed 6,700; except that the Commandant 
may temporarily increase that number by up to 2 percent for no more 
than 60 days following the date of the commissioning of a Coast Guard 
Academy class.
  ``(b) Distribution Percentages by Grade.--
          ``(1) Required.--The total number of commissioned officers 
        authorized by this section shall be distributed in grade in the 
        following percentages: 0.375 percent for rear admiral; 0.375 
        percent for rear admiral (lower half); 6.0 percent for captain; 
        15.0 percent for commander; and 22.0 percent for lieutenant 
        commander.
          ``(2) Discretionary.--The Secretary shall prescribe the 
        percentages applicable to the grades of lieutenant, lieutenant 
        (junior grade), and ensign.
          ``(3) Authority of secretary to reduce percentage.--The 
        Secretary--
                  ``(A) may reduce, as the needs of the Coast Guard 
                require, any of the percentages set forth in paragraph 
                (1); and
                  ``(B) shall apply that total percentage reduction to 
                any other lower grade or combination of lower grades.
  ``(c) Computations.--
          ``(1) In general.--The Secretary shall compute, at least once 
        each year, the total number of commissioned officers authorized 
        to serve in each grade by applying the grade distribution 
        percentages established by or under this section to the total 
        number of commissioned officers listed on the current active 
        duty promotion list.
          ``(2) Rounding fractions.--Subject to subsection (a), in 
        making the computations under paragraph (1), any fraction shall 
        be rounded to the nearest whole number.
          ``(3) Treatment of officers serving outside coast guard.--The 
        number of commissioned officers on the active duty promotion 
        list below the rank of rear admiral (lower half) serving with 
        other Federal departments or agencies on a reimbursable basis 
        or excluded under section 324(d) of title 49 shall not be 
        counted against the total number of commissioned officers 
        authorized to serve in each grade.
  ``(d) Use of Numbers; Temporary Increases.--The numbers resulting 
from computations under subsection (c) shall be, for all purposes, the 
authorized number in each grade; except that the authorized number for 
a grade is temporarily increased during the period between one 
computation and the next by the number of officers originally appointed 
in that grade during that period and the number of officers of that 
grade for whom vacancies exist in the next higher grade but whose 
promotion has been delayed for any reason.
  ``(e) Officers Serving Coast Guard Academy and Reserve.--The number 
of officers authorized to be serving on active duty in each grade of 
the permanent commissioned teaching staff of the Coast Guard Academy 
and of the Reserve serving in connection with organizing, 
administering, recruiting, instructing, or training the reserve 
components shall be prescribed by the Secretary.''.
  (b) Clerical Amendment.--The analysis for chapter 3 of such title is 
amended by striking the item relating to section 42 and inserting the 
following:

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

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

  (a) In General.--Section 1502 of the Armed Forces Retirement Home Act 
of 1991 (24 U.S.C. 401) is amended--
          (1) by striking paragraph (4);
          (2) in paragraph (5)--
                  (A) by striking ``and'' at the end of subparagraph 
                (C);
                  (B) by striking the period at the end of subparagraph 
                (D) and inserting ``; and''; and
                  (C) by inserting at the end the following:
                  ``(E) the Assistant Commandant of the Coast Guard for 
                Human Resources.''; and
          (3) by adding at the end of paragraph (6) the following:
                  ``(E) The Master Chief Petty Officer of the Coast 
                Guard.''.
  (b) Conforming Amendments.--(1) Section 2772 of title 10, United 
States Code, is amended--
          (A) in subsection (a) by inserting ``or, in the case of the 
        Coast Guard, the Commandant'' after ``concerned''; and
          (B) by striking subsection (c).
  (2) Section 1007(i) of title 37, United States Code, is amended--
          (A) in paragraph (3) by inserting ``or, in the case of the 
        Coast Guard, the Commandant'' after ``Secretary of Defense'';
          (B) by striking paragraph (4); and
          (C) by redesignating paragraph (5) as paragraph (4).

SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

  Section 149 of title 14, United States Code, is amended by adding at 
the end the following:
  ``(c) Grants to International Maritime Organizations.--After 
consultation with the Secretary of State, the Commandant may make 
grants to, or enter into cooperative agreements, contracts, or other 
agreements with, international maritime organizations for the purpose 
of acquiring information or data about merchant vessel inspections, 
security, safety, classification, and port state or flag state law 
enforcement or oversight.''.

SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY.

  (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by inserting after section 425 the following:

``Sec. 426. Emergency leave retention authority

  ``With regard to a member of the Coast Guard who serves on active 
duty, a duty assignment in support of a declaration of a major disaster 
or emergency by the President under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be 
treated, for the purpose of section 701(f)(2) of title 10, a duty 
assignment in support of a contingency operation.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
inserting after the item relating to section 425 the following new 
item:

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

SEC. 208. ENFORCEMENT AUTHORITY.

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

``Sec. 99. Enforcement authority

  ``Subject to guidelines approved by the Secretary, members of the 
Coast Guard, in the performance of official duties, may--
          ``(1) carry a firearm; and
          ``(2) while at a facility (as defined in section 70101 of 
        title 46)--
                  ``(A) make an arrest without warrant for any offense 
                against the United States committed in their presence; 
                and
                  ``(B) seize property as otherwise provided by law.''.
  (b) Conforming Repeal.--The first section added to title 46, United 
States Code, by the amendment made by subsection (a) of section 801 of 
the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 
1078), and the item relating to such first section enacted by the 
amendment made by subsection (b) of such section 801, are repealed.
  (c) Clerical Amendment.--The analysis for such chapter is amended by 
adding at the end the following:

``99. Enforcement authority.''.

SEC. 209. REPEAL.

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

SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.

  (a) In General.--Chapter 71 of title 46, United States Code, is 
amended by adding at the end the following new section:

``Sec. 7115. Merchant Mariner Medical Advisory Committee

  ``(a) Establishment.--
          ``(1) In general.--There is established a Merchant Mariner 
        Medical Advisory Committee (in this section referred to as the 
        `Committee').
          ``(2) Functions.--The Committee shall advise the Secretary on 
        matters relating to--
                  ``(A) medical certification determinations for 
                issuance of merchant mariner credentials;
                  ``(B) medical standards and guidelines for the 
                physical qualifications of operators of commercial 
                vessels;
                  ``(C) medical examiner education; and
                  ``(D) medical research.
  ``(b) Membership.--
          ``(1) In general.--The Committee shall consist of 14 members, 
        none of whom is a Federal employee, and shall include--
                  ``(A) ten who are health-care professionals with 
                particular expertise, knowledge, or experience 
                regarding the medical examinations of merchant mariners 
                or occupational medicine; and
                  ``(B) four who are professional mariners with 
                knowledge and experience in mariner occupational 
                requirements.
          ``(2) Status of members.--Members of the Committee shall not 
        be considered Federal employees or otherwise in the service or 
        the employment of the Federal Government, except that members 
        shall be considered special Government employees, as defined in 
        section 202(a) of title 18, United States Code, and shall be 
        subject to any administrative standards of conduct applicable 
        to the employees of the department in which the Coast Guard is 
        operating.
  ``(c) Appointments; Terms; Vacancies.--
          ``(1) Appointments.--The Secretary shall appoint the members 
        of the Committee, and each member shall serve at the pleasure 
        of the Secretary.
          ``(2) Terms.--Each member shall be appointed for a term of 
        three years, except that, of the members first appointed, three 
        members shall be appointed for a term of two years and three 
        members shall be appointed for a term of one year.
          ``(3) Vacancies.--Any member appointed to fill the vacancy 
        prior to the expiration of the term for which that member's 
        predecessor was appointed shall be appointed for the remainder 
        of that term.
  ``(d) Chairman and Vice Chairman.--The Secretary shall designate one 
member of the Committee as the Chairman and one member as the Vice 
Chairman. The Vice Chairman shall act as Chairman in the absence or 
incapacity of, or in the event of a vacancy in the office of, the 
Chairman.
  ``(e) Compensation; Reimbursement.--Members of the Committee shall 
serve without compensation, except that, while engaged in the 
performance of duties away from their homes or regular places of 
business of the member, the member of the Committee may be allowed 
travel expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of title 5.
  ``(f) Staff; Services.--The Secretary shall furnish to the Committee 
the personnel and services as are considered necessary for the conduct 
of its business.''.
  (b) First Meeting.--No later than six months after the date of 
enactment of this Act, the Merchant Mariner Medical Advisory Committee 
established by the amendment made by this section shall hold its first 
meeting.
  (c) Clerical Amendment.--The analysis for chapter 71 of that title is 
amended by adding at the end the following:

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

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

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

SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

  Chapter 11 of title 14, United States Code, is amended--
          (1) in section 253(a)--
                  (A) by inserting ``and'' after ``considered,''; and
                  (B) by striking ``, and the number of officers the 
                board may recommend for promotion'';
          (2) in section 258--
                  (A) by inserting ``(a) In General.--'' before the 
                existing text;
                  (B) in subsection (a) (as so designated) by striking 
                the colon at the end of the material preceding 
                paragraph (1) and inserting ``--''; and
                  (C) by adding at the end the following:
  ``(b) Provision of Direction and Guidance.--
          ``(1) In addition to the information provided pursuant to 
        subsection (a), the Secretary may furnish the selection board--
                  ``(A) specific direction relating to the needs of the 
                Coast Guard for officers having particular skills, 
                including direction relating to the need for a minimum 
                number of officers with particular skills within a 
                specialty; and
                  ``(B) any other guidance that the Secretary believes 
                may be necessary to enable the board to properly 
                perform its functions.
          ``(2) Selections made based on the direction and guidance 
        provided under this subsection shall not exceed the maximum 
        percentage of officers who may be selected from below the 
        announced promotion zone at any given selection board convened 
        under section 251 of this title.'';
          (3) in section 259(a), by inserting after ``whom the board'' 
        the following: ``, giving due consideration to the needs of the 
        Coast Guard for officers with particular skills so noted in 
        specific direction furnished to the board by the Secretary 
        under section 258 of this title,''; and
          (4) in section 260(b), by inserting after ``qualified for 
        promotion'' the following: ``to meet the needs of the service 
        (as noted in specific direction furnished the board by the 
        Secretary under section 258 of this title)''.

SEC. 213. LASER TRAINING SYSTEM.

  (a) In General.--Within one year after the date of enactment of this 
Act, the Secretary of the department in which the Coast Guard shall 
test an integrated laser engagement system for the training of members 
of the Coast Guard assigned to small vessels in the use of individual 
weapons and machine guns on those vessels. The test shall be conducted 
on vessels on the Great Lakes using similar laser equipment used by 
other Federal agencies. However, that equipment shall be adapted for 
use in the marine environment.
  (b) Report.--The Secretary shall submit a report to the Committee on 
Transportation and Infrastructure and the Committee on Homeland 
Security of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate within 6 months after the 
conclusions of the test required under subsection (a) on the costs and 
benefits of using the system regionally and nationwide to train members 
of the Coast Guard in the use of individual weapons and machine guns.

SEC. 214. COAST GUARD VESSELS AND AIRCRAFT.

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

SEC. 215. COAST GUARD DISTRICT OMBUDSMEN.

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

``Sec. 55. District Ombudsmen

  ``(a) In General.--The Commandant shall appoint an employee of the 
Coast Guard in each Coast Guard District as a District Ombudsman to 
serve as a liaison between ports, terminal operators, shipowners, and 
labor representatives and the Coast Guard.
  ``(b) Purpose.--The purpose of the District Ombudsman shall be the 
following:
          ``(1) To support the operations of the Coast Guard in each 
        port in the District for which the District Ombudsman is 
        appointed.
          ``(2) To improve communications between and among port 
        stakeholders including, port and terminal operators, ship 
        owners, labor representatives, and the Coast Guard.
          ``(3) To seek to resolve disputes between the Coast Guard and 
        all petitioners regarding requirements imposed or services 
        provided by the Coast Guard.
  ``(c) Functions.--
          ``(1) Complaints.--The District Ombudsman may examine 
        complaints brought to the attention of the District Ombudsman 
        by a petitioner operating in a port or by Coast Guard 
        personnel.
          ``(2) Guidelines for disputes.--
                  ``(A) In general.--The District Ombudsman shall 
                develop guidelines regarding the types of disputes with 
                respect to which the District Ombudsman will provide 
                assistance.
                  ``(B) Limitation.--The District Ombudsman shall not 
                provide assistance with respect to a dispute unless it 
                involves the impact of Coast Guard requirements on port 
                business and the flow of commerce.
                  ``(C) Priority.--In providing such assistance, the 
                District Ombudsman shall give priority to complaints 
                brought by petitioners who believe they will suffer a 
                significant hardship as the result of implementing a 
                Coast Guard requirement or being denied a Coast Guard 
                service.
          ``(3) Consultation.--The District Ombudsman may consult with 
        any Coast Guard personnel who can aid in the investigation of a 
        complaint.
          ``(4) Access to information.--The District Ombudsman shall 
        have access to any Coast Guard document, including any record 
        or report, that will aid the District Ombudsman in obtaining 
        the information needed to conduct an investigation of a 
        compliant.
          ``(5) Reports.--At the conclusion of an investigation, the 
        District Ombudsman shall submit a report on the findings and 
        recommendations of the District Ombudsman, to the Commander of 
        the District in which the petitioner who brought the complaint 
        is located or operating.
          ``(6) Deadline.--The District Ombudsman shall seek to resolve 
        each complaint brought in accordance with the guidelines--
                  ``(A) in a timely fashion; and
                  ``(B) not later than 4 months after the complaint is 
                officially accepted by the District Ombudsman.
  ``(d) Appointment.--The Commandant shall appoint as the District 
Ombudsman a civilian who has experience in port and transportation 
systems and knowledge of port operations or of maritime commerce (or 
both).
  ``(e) Annual Reports.--The Secretary shall report annually to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the matters brought before the District 
Ombudsmen, including--
          ``(1) the number of matters brought before each District 
        Ombudsman;
          ``(2) a brief summary of each such matter; and
          ``(3) the eventual resolution of each such matter.''.
  (b) Clerical Amendment.--The analysis at the beginning of that 
chapter is amended by adding at the end the following new item:

``55. District Ombudsmen.''.

SEC. 216. COAST GUARD COMMISSIONED OFFICERS: COMPULSORY RETIREMENT.

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

``Sec. 293. Compulsory retirement

  ``(a) Regular Commissioned Officers.--Any regular commissioned 
officer, except a commissioned warrant officer, serving in a grade 
below rear admiral (lower half) shall be retired on the first day of 
the month following the month in which the officer becomes 62 years of 
age.
  ``(b) Flag-Officer Grades.--(1) Except as provided in paragraph (2), 
any regular commissioned officer serving in a grade of rear admiral 
(lower half) or above shall be retired on the first day of the month 
following the month in which the officer becomes 64 years of age.
  ``(2) The retirement of an officer under paragraph (1) may be 
deferred--
          ``(A) by the President, but such a deferment may not extend 
        beyond the first day of the month following the month in which 
        the officer becomes 68 years of age; or
          ``(B) by the Secretary of the department in which the Coast 
        Guard is operating, but such a deferment may not extend beyond 
        the first day of the month following the month in which the 
        officer becomes 66 years of age.''.
  (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by striking the item relating to such section and 
inserting the following:

``293. Compulsory retirement.''.

SEC. 217. ENFORCEMENT OF COASTWISE TRADE LAWS.

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

``Sec. 100. Enforcement of coastwise trade laws

  ``Officers and members of the Coast Guard are authorized to enforce 
chapter 551 of title 46. The Secretary shall establish a program for 
these officers and members to enforce that chapter, including the 
application of those laws to vessels that support the exploration, 
development, and production of oil, gas, or mineral resources in the 
Gulf of Mexico.''.
  (b) Clerical Amendment.--The analysis for that chapter is further 
amended by adding at the end the following new item:

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

  (c) Report.--The Secretary of the department in which the Coast Guard 
is operating shall submit a report to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Senate 
Committee on Commerce, Science, and Transportation within one year 
after the date of enactment of this Act on the enforcement strategies 
and enforcement actions taken to enforce the coastwise trade laws.

SEC. 218. ACADEMY NOMINATIONS.

  (a) Appointment.--Section 182(a) of title 14, United States Code, is 
amended to read as follows:
  ``(a) Corps of Cadets; Number; Nomination.--
          ``(1) The authorized strength of the Corps of Cadets 
        (determined for any academic program year as of the day before 
        the last day of the academic program year) is 1,000, excluding 
        those foreign nationals admitted for instructions pursuant to 
        section 195. Subject to that limitation, cadets are selected as 
        follows:
                  ``(A) Not more than 10 individuals, appointed by the 
                Secretary of Homeland Security, in order of merit as 
                established by competitive examination, from the 
                children of members of the Armed Forces who were killed 
                in action or died of, or have a service-connected 
                disability at not less than 100 per centum resulting 
                from, wounds or injuries received or diseases 
                contracted in, or preexisting injury or disease 
                aggravated by, active service, children of members who 
                are in a `missing status' (as defined in section 551(2) 
                of title 37), and children of civilian employees who 
                are in `missing status' (as defined in section 5561(5) 
                of title 5). The determination of the Department of 
                Veterans Affairs as to service connection of the cause 
                of death or disability is rated, is binding upon the 
                Secretary.
                  ``(B) Not less than one, nominated at large by the 
                Vice President or, if there is no Vice President, by 
                the President pro tempore of the Senate.
                  ``(C) Not less than one, nominated by each Senator.
                  ``(D) Not less than one, nominated by each 
                Representative in Congress.
                  ``(E) Not less than one, nominated by the Delegate to 
                the House of Representatives from the District of 
                Columbia, the Delegate in Congress from the Virgin 
                Islands, the Resident Commissioner from Puerto Rico, 
                the Delegate in Congress from Guam, the Delegate in 
                Congress from American Samoa, or the Resident 
                Representative from the Commonwealth of the Northern 
                Mariana Islands.
        Each Senator, Representative, and Delegate in Congress, 
        including the Resident Commissioner and the Resident 
        Representative, is entitled to nominate 10 persons each year. 
        Cadets who do not graduate on time shall not count against the 
        allocations pursuant to subparagraphs (B)-(E). Nominees may be 
        submitted without ranking or with a principal candidate and 9 
        ranked or unranked alternates. A nominee not selected for 
        appointment under this paragraph shall be considered an 
        alternate for the purposes of appointment under paragraph (2).
          ``(2) The Secretary may appoint, each academic program year, 
        individuals who are either--
                  ``(A) alternates nominated pursuant to paragraph (1) 
                (C), (D), or (E); or
                  ``(B) applicants who applied directly for admission.
          ``(3) In addition, the Secretary may appoint, each academic 
        program year, individuals who are--
                  ``(A) children of members of the Armed Forces who--
                          ``(i) are on active duty (other than for 
                        training) and who have served continuously on 
                        active duty for at least eight years;
                          ``(ii) are, or who died while they were, 
                        retired with pay or granted retired or retainer 
                        pay;
                          ``(iii) are serving as members of reserve 
                        components and are credited with at least eight 
                        years of service;
                          ``(iv) would be, or who died while they would 
                        have been, entitled to retired pay, except for 
                        not having attained 60 years of age; or
                          ``(v) have been awarded the Medal of Honor;
                the total number of whom cannot exceed 5 percent of the 
                class to be admitted; however, a person who is eligible 
                for selection under subsection (a)(1)(A) may not be 
                selected under this subparagraph;
                  ``(B) enlisted members of the Coast Guard or the 
                Coast Guard Reserve, the total number of whom cannot 
                exceed 5 percent of the class to be admitted;
                  ``(C) graduates of the Coast Guard Scholars program, 
                the total number of whom cannot exceed 30 percent of 
                the class to be admitted; and
                  ``(D) individuals who possess qualities that the 
                Superintendent identifies to be of particular value to 
                the Academy and the Service, the total number of whom 
                cannot exceed 20 percent of the class to be admitted.
          ``(4) An individual shall be qualified for nomination, 
        selection, and appointment as a cadet at the Academy only if 
        the individual--
                  ``(A) is a citizen or national of the United States; 
                and
                  ``(B) meets such minimum requirements that the 
                Secretary may establish.
          ``(5) The Superintendent shall furnish to any Member of 
        Congress, upon the written request of such Member, the name of 
        the Congressman or other nominating authority responsible for 
        the nomination of any named or identified person for 
        appointment to the Academy.
          ``(6) For purposes of the limitation in subsection (a)(1) 
        establishing the aggregate authorized strength of the Corps of 
        Cadets, the Secretary may, for any academic program year, 
        permit a variance in that limitation by not more than 5 
        percent. In applying that limitation, and any such variance, 
        the last day of an academic program year shall be considered to 
        be graduation day.''.
  (b) Transition.--This section shall provide for the nomination, 
selection, and appointment of individuals, pursuant to section 182 of 
title 14, United States Code, who will matriculate in academic program 
year 2012 and thereafter, except that for--
          (1) academic program year 2012, no less than 135 cadets of 
        the corps (or 14 percent of the corps, whichever is smaller) 
        shall be from nominations made pursuant to section 
        182(a)(1)(B)-(E);
          (2) academic program year 2013, no less than 270 cadets of 
        the corps (or 27 percent of the corps, whichever is smaller) 
        shall be from nominations made pursuant to section 
        182(a)(1)(B)-(E); and
          (3) academic program year 2014, no less than 405 cadets of 
        the corps (or 41 percent of the corps, which ever is smaller) 
        shall be from nominations made pursuant to section 
        182(a)(1)(B)-(E).
The Secretary is hereby authorized to take any additional action the 
Secretary believes necessary and proper to provide for the transition 
to the nomination, selection, and appointment process provided under 
this section.
  (c)  Minority Recruiting Program.--
          (1) In general.--Chapter 9 of title 14, United States Code, 
        is amended by adding at the end the following new section:

``Sec. 199. Minority recruiting program

  ``The Secretary of the department in which the Coast Guard is 
operating shall establish a minority recruiting program for prospective 
cadets at the Coast Guard Academy. The program may include--
          ``(1) use of minority cadets and officers to provide 
        information regarding the Coast Guard and the Academy to 
        students in high schools;
          ``(2) sponsoring of trips to high school teachers and 
        guidance counselors to the Academy;
          ``(3) to the extent authorized by the Secretary of the Navy, 
        maximizing the use of the Naval Academy Preparatory School to 
        prepare students to be cadets at the Coast Guard Academy;
          ``(4) recruiting minority members of the Coast Guard to 
        attend the Academy;
          ``(5) establishment of a minority affairs office at the 
        Academy; and
          ``(6) use of minority officers and members of the Coast Guard 
        Reserve and Auxiliary to promote the Academy.''.
          (2) Clerical amendment.--The table of sections for that 
        chapter is amended by adding at the end the following new item:

``199. Minority recruiting program.''.

SEC. 219. REPORT ON SEXUAL ASSAULTS IN THE COAST GUARD.

  (a) In General.--Not later than January 15 of each year, the 
Commandant of the Coast Guard shall submit a report on the sexual 
assaults involving members of the Coast Guard to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate.
  (b) Contents.--The report required under subsection (a) shall contain 
the following:
          (1) The number of sexual assaults against members of the 
        Coast Guard, and the number of sexual assaults by members of 
        the Coast Guard, that were reported to military officials 
        during the year covered by such report, and the number of the 
        cases so reported that were substantiated.
          (2) A synopsis of, and the disciplinary action taken in, each 
        substantiated case.
          (3) The policies, procedures, and processes implemented by 
        the Secretary concerned during the year covered by such report 
        in response to incidents of sexual assault involving members of 
        the Coast Guard concerned.
          (4) A plan for the actions that are to be taken in the year 
        following the year covered by such report on the prevention of 
        and response to sexual assault involving members of the Coast 
        Guard concerned.

SEC. 220. HOME PORT OF COAST GUARD VESSELS IN GUAM.

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

SEC. 221. MINORITY SERVING INSTITUTIONS.

  (a) MSI Management Internship Program.--
          (1) Establishment and purpose.--The Commandant of the Coast 
        Guard shall establish a two part management internship program 
        for students at minority serving institutions (MSI) to intern 
        at Coast Guard headquarters or a Coast Guard regional office, 
        to be known as the ``MSI Management Internship Program'', to 
        develop a cadre of civilian, career mid-level and senior 
        managers for the Coast Guard.
          (2) Operation.--The MSI Management Internship Program shall 
        be managed by the Secretary of Homeland Security, acting 
        through the Commandant of the Coast Guard, in coordination with 
        National Association for Equal Opportunity in Higher Education, 
        the Hispanic Association of Colleges and Universities, and the 
        American Indian Higher Education Consortium and other non-
        profit educational organizations that can undertake effective 
        recruitment efforts to attract minority students and students 
        with disabilities.
          (3) Criteria for selection.--Participation in the MSI 
        Management Internship Program shall be open to sophomores, 
        juniors, and seniors at minority serving institutions, with an 
        emphasis on such students who are majoring in management or 
        business administration, international affairs, political 
        science, marine sciences, criminal justice, or any other major 
        related to homeland security.
          (4) Authorization of appropriations.--There are authorized to 
        be appropriated $2,000,000 to the Commandant to carry out this 
        subsection.
  (b) MSI Initiatives.--
          (1) Establishment of msi student pre-commissioning 
        initiative.--The Commandant of the Coast Guard shall establish 
        an MSI component of the College Student Pre-Commissioning 
        Initiative (to be known as the ``MSI Student Pre-Commissioning 
        Initiative Program'') to ensure greater participation by 
        students from MSIs in the College Student Pre-Commissioning 
        Initiative.
          (2) Participation in officer candidate school.--The 
        Commandant of the Coast Guard shall ensure that graduates of 
        the MSI Student Pre-Commissioning Initiative Program are 
        included in the first enrollment for Officer Candidate School 
        that commences after the date of enactment of this Act and each 
        enrollment period thereafter.
          (3) Reports.--Not later than 90 days after the conclusion of 
        each academic year with respect to which the College Student 
        Pre-Commissioning Initiative and the MSI Student Pre-
        Commissioning Initiative Program is carried out beginning with 
        the first full academic year after the date of the enactment of 
        this Act, the Commandant shall submit to the Committee on 
        Transportation and Infrastructure and the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Commerce of the Senate a report on the number of students in 
        the College Student Pre-Commissioning Initiative and the number 
        of students in the MSI Student Pre-Commissioning Initiative 
        Program, outreach efforts, and demographic information of 
        enrollees including, age, gender, race, and disability.
          (4) Establishment of msi aviation officer corps initiative.--
        The Commandant of the Coast Guard shall establish an MSI 
        Aviation Officer Corps Initiative to increase the diversity of 
        the Coast Guard Aviation Officer Corps through an integrated 
        recruiting, accession, training, and assignment process that 
        offers guaranteed flight school opportunities to students from 
        minority serving institutions.
          (5) Authorization of appropriations.--There are authorized to 
        be appropriated $3,000,000 to the Commandant to carry out this 
        subsection.
  (c) Coast Guard-MSI Cooperative Technology Program.--
          (1) Establishment.--The Commandant of the Coast Guard shall 
        establish a Coast Guard Laboratory of Excellence-MSI 
        Cooperative Technology Program at three minority serving 
        institutions to focus on priority security areas for the Coast 
        Guard, such as global maritime surveillance, resilience, and 
        recovery.
          (2) Collaboration.--The Commandant shall encourage 
        collaboration among the minority serving institutions selected 
        under paragraph (1) and institutions of higher education with 
        institutional research and academic program resources and 
        experience.
          (3) Partnerships.--The heads of the laboratories established 
        at the minority serving institutions pursuant to paragraph (1) 
        may seek to establish partnerships with the private sector, 
        especially small, disadvantaged businesses, to--
                  (A) develop increased research and development 
                capacity;
                  (B) increase the number of baccalaureate and graduate 
                degree holders in science, technology, engineering, 
                mathematics (STEM), and information technology or other 
                fields critical to the mission of the Coast Guard; and
                  (C) strengthen instructional ability among faculty.
          (4) Authorization of appropriations.--There are authorized to 
        be appropriated $2,500,000 to the Commandant to carry out this 
        subsection, including for instrumentation acquisition and 
        funding undergraduate student scholarships, graduate 
        fellowships, and faculty-post doctoral study.
  (d) Definition.--For purposes of this section, the terms ``minority 
serving institution'', ``minority serving institutions'', and ``MSI'' 
mean a historically Black college or university (as defined in section 
322 of the Higher Education Act of 1965), a Hispanic-serving 
institution (as defined in section 502 of such Act), a Tribal College 
or University (as defined in section 316 of such Act), a Predominantly 
Black institution (as defined in section 499A(c) of such Act), or a 
Native American-serving nontribal institution (as defined in section 
499A(c) of such Act).

                   TITLE III--SHIPPING AND NAVIGATION

SEC. 301. GOODS AND SERVICES.

  Section 4(b) of the Act of July 5, 1884, commonly known as the Rivers 
and Harbors Appropriation Act of 1884 (33 U.S.C. 5(b)), is amended--
          (1) by striking ``or'' at the end of paragraph (2)(C);
          (2) by striking the period at the end of paragraph (3) and 
        inserting ``; or''; and
          (3) by adding at the end the following:
          ``(4) sales taxes on goods and services provided to or by 
        vessels or watercraft (other than vessels or watercraft 
        primarily engaged in foreign commerce).''.

SEC. 302. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.

  Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 
U.S.C. 471) is amended--
          (1) by striking ``That the'' and inserting the following:
  ``(a) In General.--The''.
          (2) in subsection (a) (as designated by paragraph (1)) by 
        striking ``$100; and the'' and inserting ``up to $10,000. Each 
        day during which a violation continues shall constitute a 
        separate violation. The''; and
          (3) by adding at the end the following:
  ``(b) Definition.--As used in this section `navigable waters of the 
United States' includes all waters of the territorial sea of the United 
States as described in Presidential Proclamation No. 5928 of December 
27, 1988.''.

SEC. 303. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE 
                    POSSESSION.

  Section 70506 of title 46, United States Code, is amended by adding 
at the end the following:
  ``(c) Simple Possession.--
          ``(1) In general.--Any individual on a vessel subject to the 
        jurisdiction of the United States who is found by the 
        Secretary, after notice and an opportunity for a hearing, to 
        have knowingly or intentionally possessed a controlled 
        substance within the meaning of the Controlled Substances Act 
        (21 U.S.C. 812) shall be liable to the United States for a 
        civil penalty of not to exceed $10,000 for each violation. The 
        Secretary shall notify the individual in writing of the amount 
        of the civil penalty.
          ``(2) Determination of amount.--In determining the amount of 
        the penalty, the Secretary shall consider the nature, 
        circumstances, extent, and gravity of the prohibited acts 
        committed and, with respect to the violator, the degree of 
        culpability, any history of prior offenses, ability to pay, and 
        other matters that justice requires.
          ``(3) Treatment of civil penalty assessment.--Assessment of a 
        civil penalty under this subsection shall not be considered a 
        conviction for purposes of State or Federal law but may be 
        considered proof of possession if such a determination is 
        relevant.''.

SEC. 304. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

  (a) Definitions.--Section 14101(4) of title 46, United States Code, 
is amended--
          (1) by striking ``engaged'' the first place it appears and 
        inserting ``that engages'';
          (2) in subparagraph (A), by striking ``arriving'' and 
        inserting ``that arrives'';
          (3) in subparagraph (B)--
                  (A) by striking ``making'' and inserting ``that 
                makes''; and
                  (B) by striking ``(except a foreign vessel engaged on 
                that voyage)'';
          (4) in subparagraph (C), by striking ``departing'' and 
        inserting ``that departs''; and
          (5) in subparagraph (D), by striking ``making'' and inserting 
        ``that makes''.
  (b) Delegation of Authority.--Section 14103(c) of that title is 
amended by striking ``intended to be engaged on'' and inserting ``that 
engages on''.
  (c) Application.--Section 14301 of that title is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) Except as otherwise provided in this section, this chapter 
applies to any vessel for which the application of an international 
agreement or other law of the United States to the vessel depends on 
the vessel's tonnage.'';
          (2) in subsection (b)--
                  (A) in paragraph (1), by striking the period at the 
                end and inserting ``, unless the government of the 
                country to which the vessel belongs elects to measure 
                the vessel under this chapter.'';
                  (B) in paragraph (3), by inserting ``of United States 
                or Canadian registry or nationality, or a vessel 
                operated under the authority of the United States or 
                Canada, and that is'' after ``vessel'';
                  (C) in paragraph (4), by striking ``a vessel (except 
                a vessel engaged'' and inserting ``a vessel of United 
                States registry or nationality, or one operated under 
                the authority of the United States (except a vessel 
                that engages'';
                  (D) by striking paragraph (5);
                  (E) by redesignating paragraph (6) as paragraph (5); 
                and
                  (F) by amending paragraph (5), as so redesignated, to 
                read as follows:
          ``(5) a barge of United States registry or nationality, or a 
        barge operated under the authority of the United States (except 
        a barge that engages on a foreign voyage) unless the owner 
        requests.'';
          (3) by striking subsection (c);
          (4) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively; and
          (5) in subsection (c), as redesignated, by striking ``After 
        July 18, 1994, an existing vessel (except an existing vessel 
        referred to in subsection (b)(5)(A) or (B) of this section)'' 
        and inserting ``An existing vessel that has not undergone a 
        change that the Secretary finds substantially affects the 
        vessel's gross tonnage (or a vessel to which IMO Resolutions 
        A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17, 
        1983, or A.541 (XIII) of November 17, 1983, apply)''.
  (d) Measurement.--Section 14302(b) of that title is amended to read 
as follows:
  ``(b) A vessel measured under this chapter may not be required to be 
measured under another law.''.
  (e) Tonnage Certificate.--
          (1) Issuance.--Section 14303 of title 46, United States Code, 
        is amended--
                  (A) in subsection (a), by adding at the end the 
                following: ``For a vessel to which the Convention does 
                not apply, the Secretary shall prescribe a certificate 
                to be issued as evidence of a vessel's measurement 
                under this chapter.'';
                  (B) in subsection (b), by inserting ``issued under 
                this section'' after ``certificate''; and
                  (C) in the section heading by striking 
                ``International'' and ``(1969)''.
          (2) Maintenance.--Section 14503 of that title is amended--
                  (A) by designating the existing text as subsection 
                (a); and
                  (B) by adding at the end the following new 
                subsection:
  ``(b) The certificate shall be maintained as required by the 
Secretary.''.
          (3) Clerical amendment.--The analysis at the beginning of 
        chapter 143 of that title is amended by striking the item 
        relating to section 14303 and inserting the following:

``14303. Tonnage Certificate.''.

  (f) Optional Regulatory Measurement.--Section 14305(a) of that title 
is amended by striking ``documented vessel measured under this 
chapter,'' and inserting ``vessel measured under this chapter that is 
of United States registry or nationality, or a vessel operated under 
the authority of the United States,''.
  (g) Application.--Section 14501 of that title is amended--
          (1) by amending paragraph (1) to read as follows:
          ``(1) A vessel not measured under chapter 143 of this title 
        if the application of an international agreement or other law 
        of the United States to the vessel depends on the vessel's 
        tonnage.''; and
          (2) in paragraph (2), by striking ``a vessel'' and inserting 
        ``A vessel''.
  (h) Dual Tonnage Measurement.--Section 14513(c) of that title is 
amended--
          (1) in paragraph (1)--
                  (A) by striking ``vessel's tonnage mark is below the 
                uppermost part of the load line marks,'' and inserting 
                ``vessel is assigned two sets of gross and net tonnages 
                under this section,''; and
                  (B) by inserting ``vessel's tonnage'' before ``mark'' 
                the second place such term appears; and
          (2) in paragraph (2), by striking the period at the end and 
        inserting ``as assigned under this section.''.
  (i) Reciprocity for Foreign Vessels.--Subchapter II of chapter 145 of 
that title is amended by adding at the end the following:

``Sec. 14514. Reciprocity for foreign vessels

  ``For a foreign vessel not measured under chapter 143, if the 
Secretary finds that the laws and regulations of a foreign country 
related to measurement of vessels are substantially similar to those of 
this chapter and the regulations prescribed under this chapter, the 
Secretary may accept the measurement and certificate of a vessel of 
that foreign country as complying with this chapter and the regulations 
prescribed under this chapter.''.
  (j) Clerical Amendment.--The analysis for subchapter II of chapter 
145 of such title is amended by adding at the end the following:

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

SEC. 305. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL GAS DEEPWATER 
                    PORTS.

  Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
2704(d)(2)) is amended by adding at the end the following:
                  ``(D) The Secretary may establish, by regulation, a 
                limit of liability of not less than $12,000,000 for a 
                deepwater port used only in connection with 
                transportation of natural gas.''.

SEC. 306. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST OIL SPILL LIABILITY 
                    TRUST FUND.

  Section 1012(h)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(h)(1)) is amended by striking ``6'' and inserting ``3''.

SEC. 307. MERCHANT MARINER DOCUMENT STANDARDS.

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

SEC. 308. REPORT ON COAST GUARD DETERMINATIONS.

  Not later than 180 days after enactment of this Act, the Secretary of 
Homeland Security shall provide to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
loss of United States shipyard jobs and industrial base expertise as a 
result of rebuild, conversion, and double-hull work on United States-
flag vessels eligible to engage in the coastwise trade being performed 
in foreign shipyards, enforcement of the Coast Guard's foreign rebuild 
determination regulations, and recommendations for improving the 
transparency in the Coast Guard's foreign rebuild determination 
process.

SEC. 309. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION PROJECT.

  (a) Study.--The Commandant of the Coast Guard shall conduct a study--
          (1) on the methods and best practices of the use of exhaust 
        emissions reduction technology on cargo or passenger ships that 
        operate in United States waters and ports; and
          (2) that identifies the Federal, State, and local laws, 
        regulations, and other requirements that affect the ability of 
        any entity to effectively demonstrate onboard technology for 
        the reduction of contaminated emissions from ships.
  (b) Report.--Within 180 days after the date of enactment of this Act, 
the Commandant shall submit a report on the results of the study 
conducted under subsection (a) to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.

SEC. 310. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

  (a) In General.--Notwithstanding section 12111(d) of title 46, United 
States Code, foreign-flag vessels may be chartered by, or on behalf of, 
a lessee to be employed for the setting, relocation, or recovery of 
anchors or other mooring equipment of a mobile offshore drilling unit 
that is located over the Outer Continental Shelf (as defined in section 
2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)) for 
operations in support of exploration, or flow-testing and stimulation 
of wells, for offshore mineral or energy resources in the Beaufort Sea 
or the Chukchi Sea adjacent to Alaska--
          (1) for a 1-year period from the date the lessee gives the 
        Secretary of Transportation written notice of the commencement 
        of such exploration drilling if the Secretary determines, after 
        publishing notice in the Federal Register, that insufficient 
        vessels documented under section 12111(d) of title 46, United 
        States Code, are reasonably available and suitable for these 
        support operations and all such reasonably available and 
        suitable vessels are employed in support of such operations; 
        and
          (2) for an additional period until such vessels are available 
        if the Secretary of Transportation determines--
                  (A) that, by April 30 of the year following the 
                commencement of exploration drilling, the lessee has 
                entered into a binding agreement to employ a suitable 
                vessel or vessels to be documented under section 
                12111(d) of title 46, United States Code, in sufficient 
                numbers and with sufficient suitability to replace any 
                foreign-flag vessel or vessels operating under this 
                section; and
                  (B) after publishing notice in the Federal Register, 
                that insufficient vessels documented under section 
                12111(d) of title 46, United States Code, are 
                reasonably available and suitable for these support 
                operations and all such reasonably available and 
                suitable vessels are employed in support of such 
                operations.
  (b) Expiration.--Irrespective of the year in which the commitment 
referred to in subsection (a)(2)(A) occurs, foreign-flag anchor 
handling vessels may not be employed for the setting, relocation, or 
recovery of anchors or other mooring equipment of a mobile offshore 
drilling unit after December 31, 2017.
  (c) Lessee Defined.--In this section, the term ``lessee'' means the 
holder of a lease (as defined in section 1331(c) of title 43, United 
States Code), who, prior to giving the written notice in subsection 
(a)(1), has entered into a binding agreement to employ a suitable 
vessel documented or to be documented under 12111(d) of title 46, 
United States Code.
  (d) Savings Provision.--Nothing in subsection (a) may be construed to 
authorize the employment in the coastwise trade of a vessel that does 
not meet the requirements of 12111 of title 46, United States Code.

SEC. 311. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION.

  (a) Purpose.--The purpose of this section is to ensure safe, secure, 
and reliable maritime shipping in the Arctic including the availability 
of aids to navigation, vessel escorts, spill response capability, and 
maritime search and rescue in the Arctic.
  (b) International Maritime Organization Agreements.--To carry out the 
purpose of this section, the Secretary of the department in which the 
Coast Guard is operating shall work through the International Maritime 
Organization to establish agreements to promote coordinated action 
among the United States, Russia, Canada, Iceland, Norway, and Denmark 
and other seafaring and Arctic nations to ensure, in the Arctic--
          (1) placement and maintenance of aids to navigation;
          (2) appropriate icebreaking escort, tug, and salvage 
        capabilities;
          (3) oil spill prevention and response capability;
          (4) maritime domain awareness, including long-range vessel 
        tracking; and
          (5) search and rescue.
  (c) Coordination by Committee on the Maritime Transportation 
System.--The Committee on the Maritime Transportation System 
established under a directive of the President in the Ocean Action 
Plan, issued December 17, 2004, shall coordinate the establishment of 
domestic transportation policies in the Arctic necessary to carry out 
the purpose of this section.
  (d) Agreements and Contracts.--The Secretary of the department in 
which the Coast Guard is operating may, subject to the availability of 
appropriations, enter into cooperative agreements, contracts, or other 
agreements with, or make grants to individuals and governments to carry 
out the purpose of this section or any agreements established under 
subsection (b).
  (e) Icebreaking.--The Secretary of the department in which the Coast 
Guard is operating shall promote safe maritime navigation by means of 
icebreaking where needed to assure the reasonable demands of commerce.
  (f) Demonstration Projects.--The Secretary of Transportation may 
enter into cooperative agreements, contracts, or other agreements with, 
or make grants to, individuals to conduct demonstration projects to 
reduce emissions or discharges from vessels operating in the Arctic.
  (g) Authorization of Appropriations.--There are authorized to be 
appropriated--
          (1) to the Secretary of the department in which the Coast 
        Guard is operating--
                  (A) $5,000,000 for each of fiscal years 2011 through 
                2015 for seasonal operations in the Arctic; and
                  (B) $10,000,000 for each of fiscal years 2012 through 
                2015 to carry out agreements established under 
                subsection (d); and
          (2) to the Secretary of Transportation $5,000,000 for each of 
        fiscal years 2011 through 2015 to conduct demonstration 
        projects under subsection (f).
  (h) Icebreakers.--
          (1) Analyses.--Not later than 90 days after the date of 
        enactment of this Act or the date of completion of the ongoing 
        High Latitude Study to assess Arctic polar ice-breaking mission 
        requirements, which ever occurs later, the Commandant of the 
        Coast Guard shall--
                  (A) conduct a comparative cost-benefit analysis of--
                          (i) rebuilding, renovating, or improving the 
                        existing fleet of icebreakers for operation by 
                        the Coast Guard,
                          (ii) constructing new icebreakers for 
                        operation by the Coast Guard, and
                          (iii) any combination of the activities 
                        described in clauses (i) and (ii), to carry out 
                        the missions of the Coast Guard; and
                  (B) conduct an analysis of the impact on mission 
                capacity and the ability of the United States to 
                maintain a presence in the Arctic regions through the 
                year 2020 if recapitalization of the icebreaker fleet, 
                either by constructing new icebreakers or rebuilding, 
                renovating, or improving the existing fleet of 
                icebreakers, is not fully funded.
          (2) Reports to congress.--
                  (A) Not later than 90 days after the date of 
                enactment of this Act or the date of completion of the 
                ongoing High Latitude Study to assess Arctic ice-
                breaking mission requirements, which ever occurs later, 
                the Commandant of the Coast Guard shall submit a report 
                containing the results of the study, together with 
                recommendations the Commandant deems appropriate under 
                section 93(a)(24) of title 14, United States Code, to 
                the Senate Committee on Commerce, Science, and 
                Transportation and the House of Representatives 
                Committee on Transportation and Infrastructure.
                  (B) Not later than 1 year after the date of enactment 
                of this Act, the Commandant shall submit reports 
                containing the results of the analyses required under 
                subparagraphs (A) and (B) of paragraph (1), together 
                with recommendations the Commandant deems appropriate 
                under section 93(a)(24) of title 14, United States 
                Code, to the Senate Committee on Commerce, Science, and 
                Transportation and the House of Representatives 
                Committee on Transportation and Infrastructure.
  (i) Arctic Definition.--In this section the term ``Arctic'' has the 
same meaning as in section 112 of the Arctic Research and Policy Act of 
1984 (15 U.S.C. 4111).

SEC. 312. SUPPLEMENTAL POSITIONING SYSTEM.

  (a) Findings.--The Congress finds the following:
          (1) In August 2006, the Department of Transportation and 
        Department of Homeland Security sponsored the formation of an 
        Independent Assessment Team to review the need for enhanced 
        Loran (eLORAN) as a supplement to the Global Positioning System 
        (GPS).
          (2) In December 2006, the Independent Assessment Team 
        unanimously recommended that eLORAN be completed and retained 
        as the national backup system for critical safety of life, 
        national and economic security, and quality of life 
        applications currently that are reliant on position, time, or 
        frequency from GPS.
          (3) Based on the Independent Assessment Team report, the 
        Department of Transportation and Department of Homeland 
        Security jointly recommended in March 2007 that eLORAN be the 
        national backup for GPS.
          (4) The Department of Homeland Security formally announced on 
        February 7, 2008, its intention to implement eLORAN as a 
        national positioning, navigation, and timing system to 
        complement the GPS in the even of an outage or disruption in 
        service.
          (5) A recent outage of GPS services in California due to an 
        unintentional jamming incident resulted in the shutdown of the 
        Coast Guard's maritime Differential Global Positions System 
        program and the Automatic Identification System, caused 
        disruption to vessel and aircraft operations, and severely 
        degraded transmissions at over 150 cell phone base stations.
          (6) In January 2009, the Independent Assessment Team 
        reiterated its unanimous recommendation that the Federal 
        Government commit to operating the eLORAN system as a backup to 
        GPS for not less than a 20-year period.
  (b) Required Actions.--The Secretary of the department in which the 
Coast Guard is operating--
          (1) shall establish eLORAN as the supplemental navigation 
        system for the United States;
          (2) shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate--
                  (A) a plan for modernizing the remaining LORAN-C 
                stations;
                  (B) a timeline for the completion of such 
                modernization; and
                  (C) a comprehensive estimate of the costs associated 
                with modernizing LORAN-C infrastructure to meet eLORAN 
                specifications; and
          (3) may not take action to terminate or decommission the 
        LORAN-C program until 30 days after the Secretary certifies to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate that the eLORAN system is 
        operational.

SEC. 313. DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN PRINCE 
                    WILLIAM SOUND, ALASKA.

  (a) In General.--Section 4116(c) of the Oil Pollution Act of 1990 (46 
U.S.C. 3703 note; Public Law 101-380) is amended--
          (1) by striking ``Not later than 6 months'' and inserting the 
        following:
          ``(1) In general.--Not later than 180 days''; and
          (2) by adding at the end the following:
          ``(2) Prince william sound, alaska.--
                  ``(A) In general.--The requirement in paragraph (1) 
                relating to single hulled tankers in Prince William 
                Sound, Alaska, described in that paragraph being 
                escorted by at least 2 towing vessels or other vessels 
                considered to be appropriate by the Secretary 
                (including regulations promulgated in accordance with 
                section 3703(a)(3) of title 46, United States Code, as 
                set forth in part 168 of title 33, Code of Federal 
                Regulations (as in effect on March 1, 2009), 
                implementing this subsection with respect to those 
                tankers) shall apply to double hulled tankers over 
                5,000 gross tons transporting oil in bulk in Prince 
                William Sound, Alaska.
                  ``(B) Implementation of requirements.--The Secretary 
                of the Federal agency with jurisdiction over the Coast 
                Guard shall carry out subparagraph (A) by order without 
                notice and hearing pursuant to section 553 of title 5, 
                United States Code.''.
  (b) Effective Date.--The amendments made by subsection (a) take 
effect on the date that is 90 days after the date of enactment of this 
Act.

                    TITLE IV--GREAT LAKES ICEBREAKER

SEC. 401. SHORT TITLE.

  This title may be cited as the ``Great Lakes Icebreaker Replacement 
Act''.

SEC. 402. FINDINGS.

  Congress finds that--
          (1) five of the Coast Guard's Great Lakes icebreakers are 
        nearing the end of their useful lives;
          (2) two other Coast Guard icebreaking assets have experienced 
        difficulty in heavy ice conditions;
          (3) during the spring of 2008, United States-flag vessels 
        operating on the Great Lakes suffered more than $1,300,000 in 
        damages to their hulls because the Coast Guard did not have 
        enough assets available to keep Great Lakes shipping lanes 
        open;
          (4) during the 2006-2007 ice season, shipments of iron ore, 
        coal, and limestone on the Great Lakes exceeded 20,000,000 
        tons;
          (5) during the 2006-2007 ice season, the transportation of 
        10,400,000 tons of iron ore on the Great Lakes helped support 
        100,000 jobs at steel mills and 300,000 jobs at supplier 
        industries by keeping those industries working during the 
        winter season; and
          (6) the 6,400,000 tons of coal shipped on the Great Lakes 
        during the 2006-2007 ice season kept the Great Lakes region 
        supplied with electricity.

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated $153,000,000 for necessary 
expenses of the Coast Guard for the design, acquisition, and 
construction of a combined buoy tender-icebreaker to replace 
icebreaking capacity on the Great Lakes, to remain available until 
expended.

                      TITLE V--ACQUISITION REFORM

SEC. 501. SHORT TITLE.

  This title may be cited as the ``Coast Guard Acquisition Reform Act 
of 2009''.

SEC. 502. DEFINITIONS.

  In this title, the following definitions apply:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
          (2) Commandant.--The term ``Commandant'' means the Commandant 
        of the Coast Guard.
          (3) Level 1 acquisition.--The term ``Level 1 acquisition'' 
        means--
                  (A) an acquisition by the Coast Guard--
                          (i) the estimated life-cycle costs of which 
                        exceed $1,000,000,000; or
                          (ii) the estimated total acquisition costs of 
                        which exceed $300,000,000; or
                  (B) any acquisition that the Chief Acquisition 
                Officer of the Coast Guard determines to have a special 
                interest--
                          (i) due to--
                                  (I) the experimental or technically 
                                immature nature of the asset;
                                  (II) the technological complexity of 
                                the asset;
                                  (III) the commitment of resources; or
                                  (IV) the nature of the capability or 
                                set of capabilities to be achieved; or
                          (ii) because such acquisition is a joint 
                        acquisition.
          (4) Level 2 acquisition.--The term ``Level 2 acquisition'' 
        means an acquisition by the Coast Guard--
                  (A) the estimated life-cycle costs of which are equal 
                to or less than $1,000,000,000, but greater than 
                $300,000,000; or
                  (B) the estimated total acquisition costs of which 
                are equal to or less than $300,000,0000, but greater 
                than $100,000,000.
          (5) Life-cycle cost.--The term ``life-cycle cost'' means all 
        costs for development, procurement, construction, and 
        operations and support for a particular capability or asset, 
        without regard to funding source or management control.

    Subtitle A--Restrictions on the Use of Lead Systems Integrators

SEC. 511. PROCUREMENT STRUCTURE.

  (a) In General.--
          (1) Use of lead systems integrator.--Except as provided in 
        subsection (b), the Commandant may not use a private sector 
        entity as a lead systems integrator for an acquisition contract 
        awarded or delivery order or task order issued after the end of 
        the 180-day period beginning on the date of enactment of this 
        Act.
          (2) Full and open competition.--The Commandant and any lead 
        systems integrator engaged by the Coast Guard shall use full 
        and open competition for any acquisition contract awarded after 
        the date of enactment of this Act, unless otherwise excepted in 
        accordance with Federal acquisition laws and regulations 
        promulgated under those laws, including the Federal Acquisition 
        Regulation.
          (3) No effect on small business act.--Nothing in this 
        subsection shall be construed to supersede or otherwise affect 
        the authorities provided by and under the Small Business Act 
        (15 U.S.C. 631 et seq.).
  (b) Exceptions.--
          (1) National distress and response system modernization 
        program; national security cutters 2 and 3.--Notwithstanding 
        subsections (a) and (e), the Commandant may use a private 
        sector entity as a lead systems integrator for the Coast Guard 
        to complete the National Distress and Response System 
        Modernization Program (otherwise known as the ``Rescue 21'' 
        program) and National Security Cutters 2 and 3.
          (2) Completion of acquisition by lead systems integrator.--
        Notwithstanding subsection (a), the Commandant may use a 
        private sector entity as a lead systems integrator for the 
        Coast Guard--
                  (A) to complete any delivery order or task order, 
                including the exercise of previously established 
                options on a delivery order or task order that was 
                issued to a lead systems integrator on or before the 
                date that is 180 days after the date of enactment of 
                this Act without any change in the quantity of 
                capabilities or assets or the specific type of 
                capabilities or assets covered by the order;
                  (B) for a contract awarded after the date that is 180 
                days after the date of enactment of this Act for 
                acquisition of, or in support of, the HC-130J aircraft, 
                the HH-65 aircraft, or the C4ISR system, if the 
                requirements of subsection (c) are met with respect to 
                such acquisitions;
                  (C) for a contract awarded after the date that is 180 
                days after the date of enactment of this Act for 
                acquisition of, or in support of, Maritime Patrol 
                Aircraft, if the requirements of subsection (c) are met 
                with respect to such an acquisition; and
                  (D) for the acquisition of, or in support of, 
                additional National Security Cutters or Maritime Patrol 
                Aircraft, if the Commandant determines that--
                          (i) the acquisition is in accordance with 
                        Federal acquisition laws and regulations 
                        promulgated under those laws, including the 
                        Federal Acquisition Regulation;
                          (ii) the acquisition and the use of a private 
                        sector entity as a lead systems integrator for 
                        the acquisition are in the best interest of the 
                        Federal Government; and
                          (iii) the requirements of subsection (c) are 
                        met with respect to such acquisition.
          (3) Report on decisionmaking process.--If the Commandant 
        determines under subparagraph (B), (C), or (D) of subsection 
        (b)(2) that the Coast Guard will use a private sector lead 
        systems integrator for an acquisition, the Commandant shall 
        notify in writing the appropriate congressional committees of 
        the Commandant's determination and shall provide a detailed 
        rationale for the determination, at least 30 days before the 
        award of a contract or issuance of a delivery order or task 
        order, using a private sector lead systems integrator, 
        including a comparison of the cost of the acquisition through 
        the private sector lead systems integrator with the expected 
        cost if the acquisition were awarded directly to the 
        manufacturer or shipyard. For purposes of that comparison, the 
        cost of award directly to a manufacturer or shipyard shall 
        include the costs of Government contract management and 
        oversight.
  (c) Limitation on Lead Systems Integrators.--Neither an entity 
performing lead systems integrator functions for a Coast Guard 
acquisition nor a Tier 1 subcontractor for any acquisition described in 
subparagraph (B), (C), or (D) of subsection (b)(2) may have a financial 
interest in a subcontractor below the Tier 1 subcontractor level 
unless--
          (1) the subcontractor was selected by the prime contractor 
        through full and open competition for such procurement;
          (2) the procurement was awarded by the lead systems 
        integrator or a subcontractor through full and open 
        competition;
          (3) the procurement was awarded by a subcontractor through a 
        process over which the lead systems integrator or a Tier 1 
        subcontractor exercised no control; or
          (4) the Commandant has determined that the procurement was 
        awarded in a manner consistent with Federal acquisition laws 
        and regulations promulgated under those laws, including the 
        Federal Acquisition Regulation.
  (d) Rule of Construction.--The limitation in subsection (b)(1)(A) on 
the quantity and specific type of assets to which subsection (b) 
applies shall not be construed to apply to the modification of the 
number or type of any sub-systems or other components of a vessel or 
aircraft described in subparagraph (B), (C), or (D) of subsection 
(b)(2).
  (e) Termination Date for Exceptions.--Except as described in 
subsection (b)(1), the Commandant may not use a private sector entity 
as a lead systems integrator for acquisition contracts awarded, or task 
orders or delivery orders issued, after the earlier of--
          (1) September 30, 2011; or
          (2) the date on which the Commandant certifies in writing to 
        the appropriate congressional committees that the Coast Guard 
        has available and can retain sufficient acquisition workforce 
        personnel and expertise within the Coast Guard, through an 
        arrangement with other Federal agencies, or through contracts 
        or other arrangements with private sector entities, to perform 
        the functions and responsibilities of the lead systems 
        integrator in an efficient and cost-effective manner.

               Subtitle B--Coast Guard Acquisition Policy

SEC. 521. OPERATIONAL REQUIREMENTS.

  (a) In General.--No Level 1 or Level 2 acquisition program may be 
initiated by the Coast Guard, and no production contract may be awarded 
for such an acquisition, unless the Commandant has approved an 
operational requirement for such acquisition.
  (b) Operational Requirement for Acquisition Programs.--
          (1) In general.--The Commandant shall establish mature and 
        stable operational requirements for acquisition programs.
          (2) Elements.--Prior to establishing operational requirements 
        under paragraph (1), the Commandant shall--
                  (A) prepare a preliminary statement of need, a 
                concept of operations, an analysis of alternatives or 
                the equivalent, an estimate of life-cycle costs, and 
                requirements for interoperability with other 
                capabilities and assets within and external to the 
                Coast Guard; and
                  (B) in preparing the concept of operations under 
                subparagraph (A), coordinate with acquisition and 
                support professionals, requirements officials, 
                operational users and maintainers, and resource 
                officials who can ensure the appropriate consideration 
                of performance, cost, schedule and risk trade-offs.
  (c) Consideration of Trade-offs.--In establishing operational 
requirements under subsection (a), the Commandant shall develop and 
implement mechanisms to ensure that trade-offs among performance, cost, 
schedule, and risk are considered in the establishment of operational 
requirements for development and production of a Level 1 or Level 2 
acquisition.
  (d) Elements.--The mechanisms required under this section shall 
ensure at a minimum that Coast Guard officials responsible for 
acquisition management, budget, and cost estimating functions have the 
authority to develop cost estimates and raise cost and schedule matters 
at any point in the process of establishing operational requirements 
for a Level 1 or Level 2 acquisition.

SEC. 522. REQUIRED CONTRACT TERMS.

  (a) In General.--The Commandant shall ensure that a contract awarded 
or a delivery order or task order issued for an acquisition of a 
capability or an asset with an expected service life of 10 years and 
with a total acquisition cost that is equal to or exceeds $10,000,000 
awarded or issued by the Coast Guard after the date of enactment of 
this Act--
          (1) provides that all certifications for an end-state 
        capability or asset under such contract, delivery order, or 
        task order, respectively, will be conducted by the Commandant 
        or an independent third party, and that self-certification by a 
        contractor or subcontractor is not allowed;
          (2) requires that the Commandant shall maintain the authority 
        to establish, approve, and maintain technical requirements;
          (3) requires that any measurement of contractor and 
        subcontractor performance be based on the status of all work 
        performed, including the extent to which the work performed met 
        all performance, cost, and schedule requirements;
          (4) specifies that, for the acquisition or upgrade of air, 
        surface, or shore capabilities and assets for which compliance 
        with TEMPEST certification is a requirement, the standard for 
        determining such compliance will be the air, surface, or shore 
        standard then used by the Department of the Navy for that type 
        of capability or asset; and
          (5) for any contract awarded to acquire an Offshore Patrol 
        Cutter, includes provisions specifying the service life, 
        fatigue life, and days underway in general Atlantic and North 
        Pacific Sea conditions, maximum range, and maximum speed the 
        cutter will be built to achieve.
  (b) Prohibited Contract Provisions.--The Commandant shall ensure that 
any contract awarded or delivery order or task order issued by the 
Coast Guard after the date of enactment of this Act does not include 
any provision allowing for equitable adjustment that differs from the 
Federal Acquisition Regulation.
  (c) Extension of Program.--Any contract, contract modification, or 
award term extending a contract with a lead systems integrator--
          (1) shall not include any minimum requirements for the 
        purchase of a given or determinable number of specific 
        capabilities or assets; and
          (2) shall be reviewed by an independent third party with 
        expertise in acquisition management, and the results of that 
        review shall be submitted to the appropriate congressional 
        committees at least 60 days prior to the award of the contract, 
        contract modification, or award term.

SEC. 523. LIFE-CYCLE COST ESTIMATES.

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

SEC. 524. TEST AND EVALUATION.

  (a) Test and Evaluation Master Plan.--
          (1) In general.--For any Level 1 or Level 2 acquisition 
        program or project the Coast Guard Chief Acquisition Officer 
        must approve a Test and Evaluation Master Plan specific to the 
        acquisition program or project for the capability, asset, or 
        sub-systems of the capability or asset and intended to minimize 
        technical, cost, and schedule risk as early as practicable in 
        the development of the program or project.
          (2) Test and evaluation strategy.--The TEMP shall--
                  (A) set forth an integrated test and evaluation 
                strategy that will verify that capability-level or 
                asset-level and sub-system-level design and 
                development, including performance and supportability, 
                have been sufficiently proven before the capability, 
                asset, or sub-system of the capability or asset is 
                approved for production; and
                  (B) require that adequate developmental tests and 
                evaluations and operational tests and evaluations 
                established under subparagraph (A) are performed to 
                inform production decisions.
          (3) Other components of temp.--At a minimum, the TEMP shall 
        identify--
                  (A) the key performance parameters to be resolved 
                through the integrated test and evaluation strategy;
                  (B) critical operational issues to be assessed in 
                addition to the key performance parameters;
                  (C) specific development test and evaluation phases 
                and the scope of each phase;
                  (D) modeling and simulation activities to be 
                performed, if any, and the scope of such activities;
                  (E) early operational assessments to be performed, if 
                any, and the scope of such assessments;
                  (F) operational test and evaluation phases;
                  (G) an estimate of the resources, including funds, 
                that will be required for all test, evaluation, 
                assessment, modeling, and simulation activities; and
                  (H) the Government entity or independent entity that 
                will perform the test, evaluation, assessment, 
                modeling, and simulation activities.
          (4) Update.--The Coast Guard Chief Acquisition Officer shall 
        approve an updated TEMP whenever there is a revision to program 
        or project test and evaluation strategy, scope, or phasing.
          (5) Limitation.--The Coast Guard may not--
                  (A) proceed past that phase of the acquisition 
                process that entails approving the supporting 
                acquisition of a capability or asset before the TEMP is 
                approved by the Coast Guard Chief Acquisition Officer; 
                or
                  (B) award any production contract for a capability, 
                asset, or sub-system for which a TEMP is required under 
                this subsection before the TEMP is approved by the 
                Coast Guard Chief Acquisition Officer.
  (b) Tests and Evaluations.--
          (1) In general.--The Commandant shall ensure that the Coast 
        Guard conducts developmental tests and evaluations and 
        operational tests and evaluations of a capability or asset and 
        the sub-systems of the capability or asset for which a TEMP has 
        been prepared under subsection (a).
          (2) Use of third parties.--The Commandant shall ensure that 
        the Coast Guard uses third parties with expertise in testing 
        and evaluating the capabilities or assets and the sub-systems 
        of the capabilities or assets being acquired to conduct 
        developmental tests and evaluations and operational tests and 
        evaluations whenever the Coast Guard lacks the capability to 
        conduct the tests and evaluations required by a TEMP.
          (3) Communication of safety concerns.--The Commandant shall 
        require that safety concerns identified during developmental or 
        operational tests and evaluations or through independent or 
        Government-conducted design assessments of capabilities or 
        assets and sub-systems of capabilities or assets to be acquired 
        by the Coast Guard shall be communicated as soon as 
        practicable, but not later than 30 days after the completion of 
        the test or assessment event or activity that identified the 
        safety concern, to the program manager for the capability or 
        asset and the sub-systems concerned and to the Coast Guard 
        Chief Acquisition Officer.
          (4) Reporting of safety concerns.--Any safety concerns that 
        have been reported to the Chief Acquisition Officer for an 
        acquisition program or project shall be reported by the 
        Commandant to the appropriate congressional committees at least 
        90 days before the award of any contract or issuance of any 
        delivery order or task order for low, initial, or full-rate 
        production of the capability or asset concerned if they will 
        remain uncorrected or unmitigated at the time such a contract 
        is awarded or delivery order or task order is issued. The 
        report shall include a justification for the approval of that 
        level of production of the capability or asset before the 
        safety concern is corrected or mitigated. The report shall also 
        include an explanation of the actions that will be taken to 
        correct or mitigate the safety concern, the date by which those 
        actions will be taken, and the adequacy of current funding to 
        correct or mitigate the safety concern.
          (5) Asset already in low, initial, or full-rate production.--
        If operational test and evaluation on a capability or asset 
        already in low, initial, or full-rate production identifies a 
        safety concern with the capability or asset or any sub-systems 
        of the capability or asset not previously identified during 
        developmental or operational test and evaluation, the 
        Commandant shall--
                  (A) notify the program manager and the Chief 
                Acquisition Officer of the safety concern as soon as 
                practicable, but not later than 30 days after the 
                completion of the test and evaluation event or activity 
                that identified the safety concern; and
                  (B) notify the appropriate congressional Committee of 
                the safety concern not later than 30 days after 
                notification is made to the program manager and Chief 
                Acquisition Officer, and include in such notification--
                          (i) an explanation of the actions that will 
                        be taken to correct or mitigate the safety 
                        concern in all capabilities or assets and sub-
                        systems of the capabilities or assets yet to be 
                        produced, and the date by which those actions 
                        will be taken;
                          (ii) an explanation of the actions that will 
                        be taken to correct or mitigate the safety 
                        concern in previously produced capabilities or 
                        assets and sub-systems of the capabilities or 
                        assets, and the date by which those actions 
                        will be taken; and
                          (iii) an assessment of the adequacy of 
                        current funding to correct or mitigate the 
                        safety concern in capabilities or assets and 
                        sub-systems of the capabilities or assets and 
                        in previously produced capabilities or assets 
                        and sub-systems.
  (c) Definitions.--In this section:
          (1) Developmental test and evaluation.--The term 
        ``developmental test and evaluation'' means--
                  (A) the testing of a capability or asset and the sub-
                systems of the capability or asset to determine whether 
                they meet all contractual performance requirements, 
                including technical performance requirements, 
                supportability requirements, and interoperability 
                requirements and related specifications; and
                  (B) the evaluation of the results of such testing.
          (2) Operational test and evaluation.--The term ``operational 
        test and evaluation'' means--
                  (A) the testing of a capability or asset and the sub-
                systems of the capability or asset, under conditions 
                similar to those in which the capability or asset and 
                subsystems will actually be deployed, for the purpose 
                of determining the effectiveness and suitability of the 
                capability or asset and sub-systems for use by typical 
                Coast Guard users to conduct those missions for which 
                the capability or asset and sub-systems are intended to 
                be used; and
                  (B) the evaluation of the results of such testing.
          (3) Safety concern.--The term ``safety concern'' means any 
        hazard associated with a capability or asset or a sub-system of 
        a capability or asset that is likely to cause serious bodily 
        injury or death to a typical Coast Guard user in testing, 
        maintaining, repairing, or operating the capability, asset, or 
        sub-system or any hazard associated with the capability, asset, 
        or sub-system that is likely to cause major damage to the 
        capability, asset, or sub-system during the course of its 
        normal operation by a typical Coast Guard user.
          (4) TEMP.--The term ``TEMP'' means a Test and Evaluation 
        Master Plan for which approval is required under this section.

SEC. 525. CAPABILITY STANDARDS.

  (a) Cutter Classification.--The Commandant shall cause each cutter, 
other than a National Security Cutter, acquired by the Coast Guard and 
delivered after the date of enactment of this Act to be classed by the 
American Bureau of Shipping before final acceptance.
  (b) Tempest Testing.--The Commandant shall--
          (1) cause all electronics on all aircraft, surface, and shore 
        capabilities and assets that require TEMPEST certification and 
        that are delivered after the date of enactment of this Act to 
        be tested in accordance with TEMPEST standards and 
        communication security (COMSEC) standards by an independent 
        third party that is authorized by the Federal Government to 
        perform such testing; and
          (2) certify that the capabilities and assets meet all 
        applicable TEMPEST requirements.
  (c) National Security Cutters.--
          (1) National security cutters 1 and 2.--Not later than 90 
        days before the Coast Guard awards any contract or issues any 
        delivery order or task order to strengthen the hull of either 
        of National Security Cutter 1 or 2 to resolve the structural 
        design and performance issues identified in the Department of 
        Homeland Security Inspector General's report OIG-07-23 dated 
        January 2007, the Commandant shall submit to the appropriate 
        congressional committees and the Committee on Homeland Security 
        of the House of Representatives all results of an assessment of 
        the proposed hull strengthening design conducted by the Coast 
        Guard, including--
                  (A) a description in detail of the extent to which 
                the hull strengthening measures to be implemented on 
                those cutters will enable the cutters to meet contract 
                and performance requirements;
                  (B) a cost benefit analysis of the proposed hull 
                strengthening measures for National Security Cutters 1 
                and 2; and
                  (C) a description of any operational restrictions 
                that would have to be applied to either National 
                Security Cutter 1 or 2 if the proposed hull 
                strengthening measures were not implemented on either 
                cutter.
          (2) Other vessels.--The Commandant shall cause the design and 
        construction of each National Security Cutter, other than 
        National Security Cutters 1, 2, and 3, to be assessed by an 
        independent third party with expertise in vessel design and 
        construction certification.
  (d) Aircraft Airworthiness.--The Commandant shall cause all aircraft 
and aircraft engines acquired by the Coast Guard and delivered after 
the date of enactment of this Act to be assessed for airworthiness by 
an independent third party with expertise in aircraft and aircraft 
engine certification, before final acceptance.

SEC. 526. ACQUISITION PROGRAM REPORTS.

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

SEC. 527. UNDEFINITIZED CONTRACTUAL ACTIONS.

  (a) In General.--The Coast Guard may not enter into an undefinitized 
contractual action unless such action is directly approved by the Head 
of Contracting Activity of the Coast Guard.
  (b) Requests for Undefinitized Contractual Actions.--Any request to 
the Head of Contracting Activity for approval of an undefinitized 
contractual action covered under subsection (a) must include a 
description of the anticipated effect on requirements of the Coast 
Guard if a delay is incurred for the purposes of determining 
contractual terms, specifications, and price before performance is 
begun under the contractual action.
  (c) Requirements for Undefinitized Contractual Actions.--
          (1) Deadline for agreement on terms, specifications, and 
        price.--A contracting officer of the Coast Guard may not enter 
        into an undefinitized contractual action unless the contractual 
        action provides for agreement upon contractual terms, 
        specification, and price by the earlier of--
                  (A) the end of the 180-day period beginning on the 
                date on which the contractor submits a qualifying 
                proposal to definitize the contractual terms, 
                specifications, and price; or
                  (B) the date on which the amount of funds obligated 
                under the contractual action is equal to more than 50 
                percent of the negotiated overall ceiling price for the 
                contractual action.
          (2) Limitation on obligations.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the contracting officer for an undefinitized 
                contractual action may not obligate under such 
                contractual action an amount that exceeds 50 percent of 
                the negotiated overall ceiling price until the 
                contractual terms, specifications, and price are 
                definitized for such contractual action.
                  (B) Exception.--Notwithstanding subparagraph (A), if 
                a contractor submits a qualifying proposal to 
                definitize an undefinitized contractual action before 
                an amount that exceeds 50 percent of the negotiated 
                overall ceiling price is obligated on such action, the 
                contracting officer for such action may not obligate 
                with respect to such contractual action an amount that 
                exceeds 75 percent of the negotiated overall ceiling 
                price until the contractual terms, specifications, and 
                price are definitized for such contractual action.
          (3) Waiver.--The Commandant may waive the application of this 
        subsection with respect to a contract if the Commandant 
        determines that the waiver is necessary to support--
                  (A) a contingency operation (as that term is defined 
                in section 101(a)(13) of title 10, United States Code);
                  (B) an operation in response to an emergency that 
                poses an unacceptable threat to human health or safety 
                or to the marine environment; or
                  (C) an operation in response to a natural disaster or 
                major disaster or emergency designated by the President 
                under the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5121 et seq.).
          (4) Limitation on application.--This subsection does not 
        apply to an undefinitized contractual action for the purchase 
        of initial spares.
  (d) Inclusion of Nonurgent Requirements.--Requirements for spare 
parts and support equipment that are not needed on an urgent basis may 
not be included in an undefinitized contractual action by the Coast 
Guard for spare parts and support equipment that are needed on an 
urgent basis unless the Commandant approves such inclusion as being--
          (1) good business practice; and
          (2) in the best interests of the United States.
  (e) Modification of Scope.--The scope of an undefinitized contractual 
action under which performance has begun may not be modified unless the 
Commandant approves such modification as being--
          (1) good business practice; and
          (2) in the best interests of the United States.
  (f) Allowable Profit.--The Commandant shall ensure that the profit 
allowed on an undefinitized contractual action for which the final 
price is negotiated after a substantial portion of the performance 
required is completed reflects--
          (1) the possible reduced cost risk of the contractor with 
        respect to costs incurred during performance of the contract 
        before the final price is negotiated; and
          (2) the reduced cost risk of the contractor with respect to 
        costs incurred during performance of the remaining portion of 
        the contract.
  (g) Definitions.--In this section:
          (1) Undefinitized contractual action.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the term ``undefinitized contractual action'' 
                means a new procurement action entered into by the 
                Coast Guard for which the contractual terms, 
                specifications, or price are not agreed upon before 
                performance is begun under the action.
                  (B) Exclusion.--Such term does not include 
                contractual actions with respect to the following:
                          (i) Foreign military sales.
                          (ii) Purchases in an amount not in excess of 
                        the amount of the simplified acquisition 
                        threshold.
                          (iii) Special access programs.
          (2) Qualifying proposal.--The term ``qualifying proposal'' 
        means a proposal that contains sufficient information to enable 
        complete and meaningful audits of the information contained in 
        the proposal as determined by the contracting officer.

SEC. 528. GUIDANCE ON EXCESSIVE PASS-THROUGH CHARGES.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Commandant shall issue guidance to ensure that pass-
through charges on contracts, subcontracts, delivery orders, and task 
orders that are entered into with a private entity acting as a lead 
systems integrator by or on behalf of the Coast Guard are not excessive 
in relation to the cost of work performed by the relevant contractor or 
subcontractor. The guidance shall, at a minimum--
          (1) set forth clear standards for determining when no, or 
        negligible, value has been added to a contract by a contractor 
        or subcontractor;
          (2) set forth procedures for preventing the payment by the 
        Government of excessive pass-through charges; and
          (3) identify any exceptions determined by the Commandant to 
        be in the best interest of the Government.
  (b) Excessive Pass-Through Charge Defined.--In this section the term 
``excessive pass-through charge'', with respect to a contractor or 
subcontractor that adds no, or negligible, value to a contract or 
subcontract, means a charge to the Government by the contractor or 
subcontractor that is for overhead or profit on work performed by a 
lower-tier contractor or subcontractor, other than reasonable charges 
for the direct costs of managing lower-tier contractors and 
subcontracts and overhead and profit based on such direct costs.
  (c) Application of Guidance.--The guidance under this subsection 
shall apply to contracts awarded to a private entity acting as a lead 
systems integrator by or on behalf of the Coast Guard on or after the 
date that is 360 days after the date of enactment of this Act.

SEC. 529. ACQUISITION OF MAJOR CAPABILITIES: ALTERNATIVES ANALYSIS.

  The Coast Guard may not acquire an experimental or technically 
immature capability or asset or implement a Level 1 or Level 2 
acquisition, unless it has conducted an alternatives analysis for the 
capability or asset to be acquired in the concept and technology 
development phase of the acquisition process for the capability or 
asset. Such analysis shall be conducted by a federally funded research 
and development center, a qualified entity of the Department of 
Defense, or a similar independent third party entity that has 
appropriate acquisition expertise. Such alternatives analysis shall 
include--
          (1) an assessment of the technical maturity of the capability 
        or asset and technical and other risks;
          (2) an examination of capability, interoperability, and other 
        advantages and disadvantages;
          (3) an evaluation of whether different combinations or 
        quantities of specific capabilities or assets could meet the 
        Coast Guard's overall performance needs;
          (4) a discussion of key assumptions and variables, and 
        sensitivity to change in such assumptions and variables;
          (5) when an alternative is an existing capability, asset, or 
        prototype, an evaluation of relevant safety and performance 
        records and costs;
          (6) a calculation of life-cycle costs, including--
                  (A) an examination of development costs and the 
                levels of uncertainty associated with such estimated 
                costs;
                  (B) an examination of likely production and 
                deployment costs and the levels of uncertainty 
                associated with such estimated costs;
                  (C) an examination of likely operating and support 
                costs and the levels of uncertainty associated with 
                such estimated costs;
                  (D) if they are likely to be significant, an 
                examination of likely disposal costs and the levels of 
                uncertainty associated with such estimated costs; and
                  (E) such additional measures the Commandant 
                determines to be necessary for appropriate evaluation 
                of the capability or asset; and
          (7) the business case for each viable alternative.

SEC. 530. COST OVERRUNS AND DELAYS.

  (a) In General.--The Commandant shall submit a report to the 
appropriate congressional committees as soon as possible, but not later 
than 30 days, after the Chief Acquisition Officer of the Coast Guard 
becomes aware of the breach of an acquisition program baseline for any 
Level 1 or Level 2 acquisition program, by--
          (1) a likely cost overrun greater than 10 percent of the 
        acquisition program baseline for that individual capability or 
        asset or a class of capabilities or assets;
          (2) a likely delay of more than 180 days in the delivery 
        schedule for any individual capability or asset or class of 
        capabilities or assets; or
          (3) an anticipated failure for any individual capability or 
        asset or class of capabilities or assets to satisfy any key 
        performance threshold or parameter under the acquisition 
        program baseline.
  (b) Content.--The report submitted under subsection (a) shall 
include--
          (1) a detailed description of the breach and an explanation 
        of its cause;
          (2) the projected impact to performance, cost, and schedule;
          (3) an updated acquisition program baseline and the complete 
        history of changes to the original acquisition program 
        baseline;
          (4) the updated acquisition schedule and the complete history 
        of changes to the original schedule;
          (5) a full life-cycle cost analysis for the capability or 
        asset or class of capabilities or assets;
          (6) a remediation plan identifying corrective actions and any 
        resulting issues or risks; and
          (7) a description of how progress in the remediation plan 
        will be measured and monitored.
  (c) Substantial Variances in Costs or Schedule.--If a likely cost 
overrun is greater than 20 percent or a likely delay is greater than 12 
months from the costs and schedule described in the acquisition program 
baseline for any Level 1 or Level 2 acquisition program or project of 
the Coast Guard, the Commandant shall include in the report a written 
certification, with a supporting explanation, that--
          (1) the capability or asset or capability or asset class to 
        be acquired under the program or project is essential to the 
        accomplishment of Coast Guard missions;
          (2) there are no alternatives to such capability or asset or 
        capability or asset class which will provide equal or greater 
        capability in both a more cost-effective and timely manner;
          (3) the new acquisition schedule and estimates for total 
        acquisition cost are reasonable; and
          (4) the management structure for the acquisition program is 
        adequate to manage and control performance, cost, and schedule.

SEC. 531. REPORT ON FORMER COAST GUARD OFFICIALS EMPLOYED BY 
                    CONTRACTORS TO THE AGENCY.

  (a) Report Required.--Not later than December 31, 2009, and annually 
thereafter, the Comptroller General of the United States shall submit a 
report to the appropriate congressional committees on the employment 
during the preceding year by Coast Guard contractors of individuals who 
were Coast Guard officials in the previous 5-year period. The report 
shall assess the extent to which former Coast Guard officials were 
provided compensation by Coast Guard contractors in the preceding 
calendar year.
  (b) Objectives of Report.--At a minimum, the report required by this 
section shall assess the extent to which former Coast Guard officials 
who receive compensation from Coast Guard contractors have been 
assigned by those contractors to work on contracts or programs between 
the contractor and the Coast Guard, including contracts or programs for 
which the former official personally had oversight responsibility or 
decisionmaking authority when they served in or worked for the Coast 
Guard.
  (c) Confidentiality Requirement.--The report required by this 
subsection shall not include the names of the former Coast Guard 
officials who receive compensation from Coast Guard contractors.
  (d) Access to Information.--A Coast Guard contractor shall provide 
the Comptroller General access to information requested by the 
Comptroller General for the purpose of conducting the study required by 
this section.
  (e) Definitions.--In this section:
          (1) Coast guard contractor.--The term ``Coast Guard 
        contractor'' includes any person that received at least 
        $10,000,000 in contractor awards from the Coast Guard in the 
        calendar year covered by the annual report.
          (2) Coast guard official.--The term ``Coast Guard official'' 
        includes former officers of the Coast Guard who were 
        compensated at a rate of pay for grade O-7 or above during the 
        calendar year prior to the date on which they separated from 
        the Coast Guard, and former civilian employees of the Coast 
        Guard who served at any level of the Senior Executive Service 
        under subchapter VIII of chapter 53 of title 5, United States 
        Code, during the calendar year prior to the date on which they 
        separated from the Coast Guard.

SEC. 532. DEPARTMENT OF DEFENSE CONSULTATION.

  (a) In General.--The Commandant shall make arrangements as 
appropriate with the Secretary of Defense for support in contracting 
and management of Coast Guard acquisition programs. The Commandant 
shall also seek opportunities to make use of Department of Defense 
contracts, and contracts of other appropriate agencies, to obtain the 
best possible price for capabilities and assets acquired for the Coast 
Guard.
  (b) Inter-Service Technical Assistance.--The Commandant may enter 
into a memorandum of understanding or a memorandum of agreement with 
the Secretary of the Navy to obtain the assistance of the Office of the 
Assistant Secretary of the Navy for Research, Development, and 
Acquisition, including the Navy Systems Commands, with the oversight of 
Coast Guard major acquisition programs. Such memorandum of 
understanding or memorandum of agreement shall, at a minimum, provide 
for--
          (1) the exchange of technical assistance and support that the 
        Coast Guard Chief Acquisition Officer, Coast Guard Chief 
        Engineer, and the Coast Guard Chief Information Officer may 
        identify;
          (2) the use, as appropriate, of Navy technical expertise; and
          (3) the temporary assignment or exchange of personnel between 
        the Coast Guard and the Office of the Assistant Secretary of 
        the Navy for Research, Development, and Acquisition, including 
        Naval Systems Commands, to facilitate the development of 
        organic capabilities in the Coast Guard.
  (c) Technical Requirement Approval Procedures.--The Coast Guard Chief 
Acquisition Officer shall adopt, to the extent practicable, procedures 
that are similar to those used by the senior procurement executive of 
the Department of the Navy to approve all technical requirements.
  (d) Assessment.--Within 180 days after the date of enactment of this 
Act, the Comptroller General shall transmit a report to the appropriate 
congressional committees that--
          (1) contains an assessment of current Coast Guard acquisition 
        and management capabilities to manage Level 1 and Level 2 
        acquisitions;
          (2) includes recommendations as to how the Coast Guard can 
        improve its acquisition management, either through internal 
        reforms or by seeking acquisition expertise from the Department 
        of Defense; and
          (3) addresses specifically the question of whether the Coast 
        Guard can better leverage Department of Defense or other 
        agencies' contracts that would meet the needs of Level 1 or 
        Level 2 acquisitions in order to obtain the best possible 
        price.

                   Subtitle C--Coast Guard Personnel

SEC. 541. CHIEF ACQUISITION OFFICER.

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

``Sec. 56. Chief Acquisition Officer

  ``(a) Establishment of Chief Acquisition Officer.--There shall be in 
the Coast Guard a Chief Acquisition Officer selected by the Commandant 
who shall be a Rear Admiral or civilian from the Senior Executive 
Service (career reserved) and who meets the qualifications set forth 
under subsection (b). The Chief Acquisition Officer shall serve at the 
Assistant Commandant level and have acquisition management as that 
individual's primary duty.
  ``(b) Qualifications.--
          ``(1) The Chief Acquisition Officer and any Flag Officer 
        serving in the Acquisitions Directorate shall be an acquisition 
        professional with a program manager level III certification and 
        must have at least 10 years experience in an acquisition 
        position, of which at least 4 years were spent in one of the 
        following qualifying positions:
                  ``(A) Program executive officer.
                  ``(B) Program manager of a Level 1 or Level 2 
                acquisition.
                  ``(C) Deputy program manager of a Level 1 or Level 2 
                acquisition.
                  ``(D) Project manager for a Level 1 or Level 2 
                acquisition.
                  ``(E) Any other acquisition position of significant 
                responsibility in which the primary duties are 
                supervisory or management duties.
          ``(2) The Commandant shall periodically publish a list of the 
        positions designated under this subsection.
  ``(c) Authority and Functions of the Chief Acquisition Officer.--The 
functions of the Chief Acquisition Officer shall include--
          ``(1) monitoring the performance of programs and projects on 
        the basis of applicable performance measurements and advising 
        the Commandant, through the chain of command, regarding the 
        appropriate business strategy to achieve the missions of the 
        Coast Guard;
          ``(2) maximizing the use of full and open competition at the 
        prime contract and subcontract levels in the acquisition of 
        property, capabilities, assets, and services by the Coast Guard 
        by establishing policies, procedures, and practices that ensure 
        that the Coast Guard receives a sufficient number of sealed 
        bids or competitive proposals from responsible sources to 
        fulfill the Government's requirements, including performance 
        and delivery schedules, at the lowest cost or best value 
        considering the nature of the property, capability, asset, or 
        service procured;
          ``(3) making acquisition decisions in concurrence with the 
        technical authority of the Coast Guard, as designated by the 
        Commandant, and consistent with all other applicable laws and 
        decisions establishing procedures within the Coast Guard;
          ``(4) ensuring the use of detailed performance specifications 
        in instances in which performance based contracting is used;
          ``(5) managing the direction of acquisition policy for the 
        Coast Guard, including implementation of the unique acquisition 
        policies, regulations, and standards of the Coast Guard;
          ``(6) developing and maintaining an acquisition career 
        management program in the Coast Guard to ensure that there is 
        an adequate acquisition workforce;
          ``(7) assessing the requirements established for Coast Guard 
        personnel regarding knowledge and skill in acquisition 
        resources and management and the adequacy of such requirements 
        for facilitating the achievement of the performance goals 
        established for acquisition management;
          ``(8) developing strategies and specific plans for hiring, 
        training, and professional development; and
          ``(9) reporting to the Commandant, through the chain of 
        command, on the progress made in improving acquisition 
        management capability.''.
  (b) Application of Qualification Requirement.--Section 56(b) of title 
14, United States Code, as amended by this section, shall apply 
beginning October 1, 2011.
  (c) Clerical Amendment.--The table of sections at the beginning of 
such chapter is further amended by adding at the end the following:

``56. Chief Acquisition Officer.''.

  (d) Elevation of Disputes to the Chief Acquisition Officer.--Within 
45 days after the elevation to the Chief Acquisition Officer of any 
design or other dispute regarding a Level 1 or Level 2 acquisition, the 
Commandant shall provide to the appropriate congressional committees a 
detailed description of the issue and the rationale underlying the 
decision taken by the Chief Acquisition Officer to resolve the issue.
  (e) Special Rate Supplements.--
          (1) Requirement to establish.--Not later than 1 year after 
        the date of enactment of this Act and in accordance with part 
        9701.333 of title 5, Code of Federal Regulations, the 
        Commandant shall establish special rate supplements that 
        provide higher pay levels for employees necessary to carry out 
        the amendment made by this section.
          (2) Subject to appropriations.--The requirement under 
        paragraph (1) is subject to the availability of appropriations.

SEC. 542. IMPROVEMENTS IN COAST GUARD ACQUISITION MANAGEMENT.

  (a) Program and Project Managers.--An individual may not be assigned 
as the program manager for a Level 1 or Level 2 acquisition unless the 
individual holds a Level III acquisition certification as a program 
manager.
  (b) Integrated Product Teams.--Integrated product teams, and all 
teams that oversee integrated product teams, shall be chaired by 
officers, members, or employees of the Coast Guard.
  (c) Technical Authority.--The Commandant shall maintain or designate 
the technical authority to establish, approve, and maintain technical 
requirements. Any such designation shall be made in writing and may not 
be delegated to the authority of the Chief Acquisition Officer 
established by section 55 of title 14, United States Code.
  (d) Designation of Positions in the Acquisition Workforce.--
          (1) In general.--The Commandant shall designate a sufficient 
        number of positions to be in the Coast Guard's acquisition 
        workforce to perform acquisition-related functions at Coast 
        Guard headquarters and field activities.
          (2) Required positions.--In designating positions under 
        subsection (a), the Commandant shall include, at a minimum, 
        positions encompassing the following competencies and 
        functions:
                  (A) Program management.
                  (B) Systems planning, research, development, 
                engineering, and testing.
                  (C) Procurement, including contracting.
                  (D) Industrial and contract property management.
                  (E) Life-cycle logistics.
                  (F) Quality control and assurance.
                  (G) Manufacturing and production.
                  (H) Business, cost estimating, financial management, 
                and auditing.
                  (I) Acquisition education, training, and career 
                development.
                  (J) Construction and facilities engineering.
                  (K) Testing and evaluation.
          (3) Acquisition management headquarter activities.--The 
        Commandant shall also designate as positions in the acquisition 
        workforce under paragraph (1) those acquisition-related 
        positions located at Coast Guard headquarters units.
          (4) Appropriate expertise required.--The Commandant shall 
        ensure that each individual assigned to a position in the 
        acquisition workforce has the appropriate expertise to carry 
        out the responsibilities of that position.
  (e) Management Information System.--
          (1) In general.--The Commandant shall establish a management 
        information system capability to improve acquisition workforce 
        management and reporting.
          (2) Information maintained.--Information maintained with such 
        capability shall include the following standardized information 
        on individuals assigned to positions in the workforce:
                  (A) Qualifications, assignment history, and tenure of 
                those individuals assigned to positions in the 
                acquisition workforce or holding acquisition-related 
                certifications.
                  (B) Promotion rates for officers and members of the 
                Coast Guard in the acquisition workforce.
  (f) Report on Adequacy of Acquisition Workforce.--
          (1) In general.--The Commandant shall report to the Congress 
        by July 1 of each year on the scope of the acquisition 
        activities to be performed in the next fiscal year and on the 
        adequacy of the current acquisition workforce to meet that 
        anticipated workload.
          (2) Contents.--The report shall--
                  (A) specify the number of officers, members, and 
                employees of the Coast Guard currently and planned to 
                be assigned to each position designated under 
                subsection (d); and
                  (B) identify positions that are understaffed to meet 
                the anticipated acquisition workload, and actions that 
                will be taken to correct such understaffing.
  (g) Appointments to Acquisition Positions.--The Commandant shall 
ensure that no requirement or preference for officers or members of the 
Coast Guard is used in the consideration of persons for positions in 
the acquisition workforce.
  (h) Career Paths.--
          (1) Identification of career paths.--To establish acquisition 
        management as a core competency of the Coast Guard, the 
        Commandant shall--
                  (A) ensure that career paths for officers, members, 
                and employees of the Coast Guard who wish to pursue 
                careers in acquisition are identified in terms of the 
                education, training, experience, and assignments 
                necessary for career progression of those officers, 
                members, and employees to the most senior positions in 
                the acquisition workforce; and
                  (B) publish information on such career paths.
          (2) Promotion parity.--The Commandant shall ensure that 
        promotion parity is established for officers and members of the 
        Coast Guard who have been assigned to the acquisition workforce 
        relative to officers and members who have not been assigned to 
        the acquisition workforce.
  (i) Balanced Workforce Policy.--In the development of acquisition 
workforce policies under this section with respect to any civilian 
employees or applicants for employment, the Commandant shall, 
consistent with the merit system principles set out in paragraphs (1) 
and (2) of section 2301(b) of title 5, United States Code, take into 
consideration the need to maintain a balanced workforce in which women 
and members of racial and ethnic minority groups are appropriately 
represented in Government service.
  (j) Guidance on Tenure and Accountability of Program Managers.--
          (1) Issuance of guidance.--Not later than 1 year after the 
        date of enactment of this Act, the Commandant shall issue 
        guidance to address the qualifications, resources, 
        responsibilities, tenure, and accountability of program 
        managers for the management of acquisition programs and 
        projects. The guidance shall address, at a minimum--
                  (A) the qualifications that shall be required of 
                program managers, including the number of years of 
                acquisition experience and the professional training 
                levels to be required of those appointed to program 
                management positions;
                  (B) authorities available to program managers, 
                including, to the extent appropriate, the authority to 
                object to the addition of new program requirements that 
                would be inconsistent with the parameters established 
                for an acquisition program; and
                  (C) the extent to which a program manager who 
                initiates a new program or project will continue in 
                management of that program or project without 
                interruption until the delivery of the first production 
                units of the program.
          (2) Strategy.--
                  (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Commandant shall 
                develop a comprehensive strategy for enhancing the role 
                of Coast Guard program managers in developing and 
                carrying out acquisition programs.
                  (B) Matters to be addressed.--The strategy required 
                by this section shall address, at a minimum--
                          (i) the creation of a specific career path 
                        and career opportunities for individuals who 
                        are or may become program managers, including 
                        the rotational assignments that will be 
                        provided to program managers;
                          (ii) the provision of enhanced training and 
                        educational opportunities for individuals who 
                        are or may become program managers;
                          (iii) the provision of mentoring support to 
                        current and future program managers by 
                        experienced senior executives and program 
                        managers within the Coast Guard, and through 
                        rotational assignments to the Department of 
                        Defense;
                          (iv) the methods by which the Coast Guard 
                        will collect and disseminate best practices and 
                        lessons learned on systems acquisition to 
                        enhance program management throughout the Coast 
                        Guard;
                          (v) the templates and tools that will be used 
                        to support improved data gathering and analysis 
                        for program management and oversight purposes, 
                        including the metrics that will be utilized to 
                        assess the effectiveness of Coast Guard program 
                        managers in managing systems acquisition 
                        efforts;
                          (vi) a description in detail of how the Coast 
                        Guard will promote a balanced workforce in 
                        which women and members of racial and ethnic 
                        minority groups are appropriately represented 
                        in Government service; and
                          (vii) the methods by which the accountability 
                        of program managers for the results of 
                        acquisition programs will be increased.

SEC. 543. RECOGNITION OF COAST GUARD PERSONNEL FOR EXCELLENCE IN 
                    ACQUISITION.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Commandant shall commence implementation of a program 
to recognize excellent performance by individuals and teams comprised 
of officers, members, and employees of the Coast Guard that contributed 
to the long-term success of a Coast Guard acquisition program or 
project.
  (b) Elements.--The program required by subsection (a) shall include 
the following:
          (1) Specific award categories, criteria, and eligibility and 
        manners of recognition.
          (2) Procedures for the nomination by personnel of the Coast 
        Guard of individuals and teams comprised of officers, members, 
        and employees of the Coast Guard for recognition under the 
        program.
          (3) Procedures for the evaluation of nominations for 
        recognition under the program by one or more panels of 
        individuals from the Government, academia, and the private 
        sector who have such expertise and are appointed in such manner 
        as the Commandant shall establish for the purposes of this 
        program.
  (c) Award of Cash Bonuses.--As part of the program required by 
subsection (a), the Commandant, subject to the availability of 
appropriations, may award to any individual recognized pursuant to the 
program a cash bonus to the extent that the performance of such 
individual so recognized warrants the award of such bonus.

SEC. 544. COAST GUARD ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

  (a) In General.--For purposes of sections 3304, 5333, and 5753 of 
title 5, United States Code, the Commandant may--
          (1) designate any category of acquisition positions within 
        the Coast Guard as shortage category positions; and
          (2) use the authorities in such sections to recruit and 
        appoint highly qualified persons directly to positions so 
        designated.
  (b) Limitation.--The Commandant may not appoint a person to a 
position of employment under this subsection after September 30, 2012.

                TITLE VI--MARITIME WORKFORCE DEVELOPMENT

SEC. 601. SHORT TITLE.

  This title may be cited as the ``Maritime Workforce Development 
Act''.

SEC. 602. MARITIME EDUCATION LOAN PROGRAM.

  (a) In General.--Chapter 517 of title 46, United States Code, is 
amended by adding at the end the following:

``Sec. 51705. Maritime career training loan program

  ``(a) Establishment.--The Secretary of Transportation shall establish 
a maritime career training loan program (in this section referred to as 
the `program') in accordance with the requirements of this section.
  ``(b) Purpose.--The purpose of the program shall be to make maritime 
career training loans available to eligible students to provide for the 
training of United States mariners.
  ``(c) Administration.--The program shall be carried out by the 
Secretary, acting through the Administrator of the Maritime 
Administration.
  ``(d) Duties.--The Secretary shall--
          ``(1) allocate, on an annual basis, the award of loans under 
        the program based on the needs of students;
          ``(2) develop an application process and eligibility criteria 
        for the award of loans under the program;
          ``(3) approve applications for loans under the program based 
        on the eligibility criteria and allocations made under 
        paragraph (1); and
          ``(4) designate maritime training institutions at which loans 
        made under the program may be used.
  ``(e) Designation of Maritime Training Institutions.--
          ``(1) In general.--In designating maritime training 
        institutions under subsection (d)(4), the Secretary--
                  ``(A) may include Federal, State, and commercial 
                training institutions and nonprofit training 
                organizations, except that undergraduate students at 
                the United States Merchant Marine Academy shall not be 
                eligible for loans under the program;
                  ``(B) shall designate institutions based on 
                geographic diversity and scope of classes offered;
                  ``(C) shall ensure that designated institutions have 
                the ability to administer the program; and
                  ``(D) shall ensure that designated institutions meet 
                requirements to provide training instruction for 
                appropriate Coast Guard-approved training instruction.
          ``(2) Exclusions.--The Secretary--
                  ``(A) may exclude from participation in the program a 
                maritime training institution that has had severe 
                performance deficiencies, including deficiencies 
                demonstrated by audits or program reviews conducted 
                during the 5 calendar years immediately preceding the 
                present year;
                  ``(B) shall exclude from participation in the program 
                a maritime training institution that has delinquent or 
                outstanding debts to the United States, unless such 
                debts are being repaid under or in accordance with a 
                repayment arrangement satisfactory to the United 
                States, or the Secretary in the Secretary's discretion 
                determines that the existence or amount of any such 
                debts has not been finally determined by the 
                appropriate Federal agency;
                  ``(C) may exclude from participation in the program a 
                maritime training institution that has failed to comply 
                with quality standards established by the Department of 
                Labor, the Coast Guard, or a State; and
                  ``(D) may establish such other criteria as the 
                Secretary determines will protect the financial 
                interest of the United States and promote the purposes 
                of this section.
  ``(f) State Maritime Academies.--
          ``(1) Use of funds for loans to students attending state 
        maritime academies.--The Secretary may obligate not more than 
        50 percent of the amounts appropriated to carry out this 
        section for a fiscal year for loans to undergraduate students 
        attending State maritime academies receiving assistance under 
        chapter 515 of this title.
          ``(2) Academic standards for students.--Students at State 
        maritime academies receiving loans under the program shall 
        maintain satisfactory progress toward the completion of their 
        course of study as evidenced by the maintenance of a cumulative 
        C average, or its equivalent, or academic standing consistent 
        with the requirements for graduation, as determined by the 
        institution.
  ``(g) Loan Amounts and Use.--
          ``(1) Maximum amounts.--The Secretary may not make loans to a 
        student under the program in an amount that exceeds $15,000 in 
        a calendar year or $60,000 in the aggregate.
          ``(2) Use of loan proceeds.--A student who receives a loan 
        under the program may use the proceeds of the loan only for 
        postsecondary expenses incurred at an institution designated by 
        the Secretary under subsection (d)(4) for books, tuition, 
        required fees, travel to and from training facilities, and room 
        and board.
  ``(h) Student Eligibility.--To be eligible to receive a loan under 
the program, a student shall--
          ``(1) be eligible to hold a license or merchant mariner 
        document issued by the Coast Guard;
          ``(2) provide to the Secretary such information as the 
        Secretary may require, including all current Coast Guard 
        documents, certifications, proof of United States citizenship 
        or permanent legal status, and a statement of intent to enter a 
        maritime career;
          ``(3) meet the enrollment requirements of a maritime training 
        institution designated by the Secretary under subsection 
        (d)(4); and
          ``(4) sign an agreement to--
                  ``(A) complete a course of instruction at such a 
                maritime training institution; and
                  ``(B)(i) maintain a license and serve as an officer 
                in the merchant marine on a documented vessel or a 
                vessel owned and operated by the United States for at 
                least 18 months of service at sea following the date of 
                graduation from the maritime program for which the loan 
                proceeds will be used; or
                  ``(ii) serve as an unlicensed merchant mariner on a 
                documented vessel or a vessel owned and operated by the 
                United States for at least 18 months of service at sea 
                following the date of graduation from the maritime 
                program for which the loan proceeds will be used.
  ``(i) Administration of Loans.--
          ``(1) Contents of loan agreements.--Any agreement between the 
        Secretary and a student borrower for a loan under the program 
        shall--
                  ``(A) be evidenced by a note or other written 
                instrument that provides for the repayment of the 
                principal amount of the loan and any origination fee, 
                together with interest thereon, in equal installments 
                (or, if the student borrower so requests, in graduated 
                periodic installments determined in accordance with 
                such schedules as may be approved by the Secretary) 
                payable quarterly, bimonthly, or monthly, at the option 
                of the student borrower, over a period beginning 9 
                months from the date on which the student borrower 
                completes study or discontinues attendance at the 
                maritime program for which the loans are used at the 
                institution approved by the Secretary and not exceeding 
                10 years;
                  ``(B) include provision for acceleration of repayment 
                of the whole, or any part, of such loan, at the option 
                of the student borrower;
                  ``(C) provide the loan without security and without 
                endorsement;
                  ``(D) provide that the liability to repay the loan 
                shall be canceled upon the death of the student 
                borrower, or if the student borrower becomes 
                permanently and totally disabled, as determined in 
                accordance with regulations to be issued by the 
                Secretary;
                  ``(E) contain a notice of the system of disclosure of 
                information concerning default on such loan to credit 
                bureau organizations; and
                  ``(F) include provisions for deferral of repayment, 
                as determined by the Secretary.
          ``(2) Rate of interest.--A student borrower who receives a 
        loan under the program on or after January 1, 2010, and before 
        October 1, 2015, shall be obligated to repay the loan amount to 
        the Secretary, together with interest beginning in the period 
        referred to in paragraph (1)(A), at a rate to be determined as 
        follows:
                  ``(A) For a loan for which the first disbursement is 
                made on or after January 1, 2010, and before October 1, 
                2011, 5.6 percent on the unpaid principal balance of 
                the loan.
                  ``(B) For a loan for which the first disbursement is 
                made on or after October 1, 2011, and before October 1, 
                2012, 4.5 percent on the unpaid principal balance of 
                the loan.
                  ``(C) For a loan for which the first disbursement is 
                made on or after October 1, 2012, 3.4 percent on the 
                unpaid principal balance of the loan.
          ``(3) Disclosure required prior to disbursement.--
                  ``(A) In general.--The Secretary shall at or prior to 
                the time the Secretary makes a loan to a student 
                borrower under the program, provide thorough and 
                adequate loan information on such loan to the student 
                borrower. The disclosures required by this paragraph 
                may be made as part of the written application material 
                provided to the student borrower, as part of the 
                promissory note evidencing the loan, or on a separate 
                written form provided to the student borrower.
                  ``(B) Contents.--The disclosures shall include--
                          ``(i) the address to which communications and 
                        payments should be sent;
                          ``(ii) the principal amount of the loan;
                          ``(iii) the amount of any charges collected 
                        at or prior to the disbursal of the loan and 
                        whether such charges are to be deducted from 
                        the proceeds of the loan or paid separately by 
                        the student borrower;
                          ``(iv) the stated interest rate on the loan;
                          ``(v) the yearly and cumulative maximum 
                        amounts that may be borrowed;
                          ``(vi) an explanation of when repayment of 
                        the loan will be required and when the student 
                        borrower will be obligated to pay interest that 
                        accrues on the loan;
                          ``(vii) a statement as to the minimum and 
                        maximum repayment term that the Secretary may 
                        impose, and the minimum monthly payment 
                        required by law and a description of any 
                        penalty imposed as a consequence of default, 
                        such as liability for expenses reasonably 
                        incurred in attempts by the Secretary to 
                        collect on a loan;
                          ``(viii) a statement of the total cumulative 
                        balance, including the loan applied for, owed 
                        by the student borrower to the Secretary, and 
                        an estimate of the projected monthly payment, 
                        given such cumulative balance;
                          ``(ix) an explanation of any special options 
                        the student borrower may have for loan 
                        consolidation or other refinancing of the loan;
                          ``(x) a statement that the student borrower 
                        has the right to prepay all or part of the 
                        loan, at any time, without penalty;
                          ``(xi) a statement summarizing circumstances 
                        in which repayment of the loan or interest that 
                        accrues on the loan may be deferred, and a 
                        brief notice of the program for repayment of 
                        loans, on the basis of military service, 
                        pursuant to the Department of Defense 
                        educational loan repayment program (10 U.S.C. 
                        16302);
                          ``(xii) a definition of default and the 
                        consequences to the student borrower if the 
                        student borrower defaults, together with a 
                        statement that the disbursement of, and the 
                        default on, a loan under this part shall be 
                        reported to a credit bureau or credit reporting 
                        agency;
                          ``(xiii) to the extent practicable, the 
                        effect of accepting the loan on the eligibility 
                        of the student borrower for other forms of 
                        student assistance; and
                          ``(xiv) an explanation of any cost the 
                        student borrower may incur in the making or 
                        collection of the loan.
                  ``(C) Information to be provided without cost.--The 
                information provided under this paragraph shall be 
                available to the Secretary without cost to the student 
                borrower.
          ``(4) Repayment after default.--The Secretary may require any 
        student borrower who has defaulted on a loan made under the 
        program to--
                  ``(A) pay all reasonable collection costs associated 
                with such loan; and
                  ``(B) repay the loan pursuant to an income contingent 
                repayment plan.
          ``(5) Authorization to reduce rates and fees.--
        Notwithstanding any other provision of this section, the 
        Secretary may prescribe by regulation any reductions in the 
        interest rate or origination fee paid by a student borrower of 
        a loan made under the program as the Secretary determines 
        appropriate to encourage ontime repayment of the loan. Such 
        reductions may be offered only if the Secretary determines the 
        reductions are cost neutral and in the best financial interest 
        of the United States.
          ``(6) Collection of repayments.--The Secretary shall collect 
        repayments made under the program and exercise due diligence in 
        such collection, including maintenance of all necessary records 
        to ensure that maximum repayments are made. Collection and 
        servicing of repayments under the program shall be pursued to 
        the full extent of the law, including wage garnishment if 
        necessary. The Secretary of the Department in which the Coast 
        Guard is operating shall provide the Secretary of 
        Transportation with any information regarding a mariner that 
        may aid in the collection of repayments under this section.
          ``(7) Repayment schedule.--A student borrower who receives a 
        loan under the program shall repay the loan quarterly, 
        bimonthly, or monthly, at the option of the student borrower, 
        over a period beginning 9 months from the date the student 
        borrower completes study or discontinues attendance at the 
        maritime program for which the loan proceeds are used and 
        ending not more than 10 years after the date repayment begins. 
        Provisions for deferral of repayment shall be determined by the 
        Secretary.
          ``(8) Contracts for servicing and collection of loans.--The 
        Secretary may--
                  ``(A) enter into a contract or other arrangement with 
                State or nonprofit agencies and, on a competitive 
                basis, with collection agencies for servicing and 
                collection of loans under this section; and
                  ``(B) conduct litigation necessary to carry out this 
                section.
  ``(j) Revolving Loan Fund.--
          ``(1) Establishment.--The Secretary shall establish a 
        revolving loan fund consisting of amounts deposited in the fund 
        under paragraph (2).
          ``(2) Deposits.--The Secretary shall deposit in the fund--
                  ``(A) receipts from the payment of principal and 
                interest on loans made under the program; and
                  ``(B) any other monies paid to the Secretary by or on 
                behalf of individuals under the program.
          ``(3) Availability of amounts.--Amounts in the fund shall be 
        available to the Secretary, without further appropriation--
                  ``(A) to cover the administrative costs of the 
                program, including the maintenance of records and 
                making collections under this section; and
                  ``(B) to the extent that amounts remain available 
                after paying such administrative costs, to make loans 
                under the program.
          ``(4) Maintenance of records.--The Secretary shall maintain 
        accurate records of the administrative costs referred to in 
        paragraph (3)(A).
  ``(k) Annual Report.--The Secretary, on an annual basis, shall submit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the program, including--
          ``(1) the total amount of loans made under the program in the 
        preceding year;
          ``(2) the number of students receiving loans under the 
        program in the preceding year; and
          ``(3) the total amount of loans made under program that are 
        in default as of the date of the report.
  ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2010 through 2015--
          ``(1) $10,000,000 for making loans under the program; and
          ``(2) $1,000,000 for administrative expenses of the Secretary 
        in carrying out the program.

``Sec. 51706. Maritime recruitment, training, and retention grant 
                    program

  ``(a) Strategic Plan.--
          ``(1) In general.--Not later than one year after the date of 
        enactment of this section, and at least once every 3 years 
        thereafter, the Secretary of Transportation, acting through the 
        Administrator of the Maritime Administration, shall publish in 
        the Federal Register a plan that describes the demonstration, 
        research, and multistate project priorities of the Department 
        of Transportation concerning merchant mariner recruitment, 
        training, and retention for the 3-year period following the 
        date of publication of the plan.
          ``(2) Contents.--A plan published under paragraph (1) shall 
        contain strategies and identify potential projects to address 
        merchant mariner recruitment, training, and retention issues in 
        the United States.
          ``(3) Factors.--In developing a plan under paragraph (1), the 
        Secretary shall take into account, at a minimum--
                  ``(A) the availability of existing research (as of 
                the date of publication of the plan);
                  ``(B) the need to ensure results that have broad 
                applicability;
                  ``(C) the benefits of economies of scale and the 
                efficiency of potential projects; and
                  ``(D) the likelihood that the results of potential 
                projects will be useful to policymakers and 
                stakeholders in addressing merchant mariner 
                recruitment, training, and retention issues.
          ``(4) Consultation.--In developing a plan under paragraph 
        (1), the Secretary shall consult with representatives of the 
        maritime industry, labor organizations, and other governmental 
        entities and parties with an interest in the maritime industry.
          ``(5) Transmittal to congress.--The Secretary shall transmit 
        copies of a plan published under paragraph (1) to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
  ``(b) Demonstration Projects.--
          ``(1) In general.--The Secretary may award grants to a 
        maritime training institution to carry out demonstration 
        projects that implement the priorities identified in the plan 
        prepared under subsection (a)(1), for the purpose of developing 
        and implementing methods to address merchant mariner 
        recruitment, training, and retention issues.
          ``(2) Grant awards.--Grants shall be awarded under this 
        subsection on a competitive basis under guidelines and 
        requirements to be established by the Secretary.
          ``(3) Applications.--To be eligible to receive a grant for a 
        project under this subsection, a maritime training institution 
        shall submit to the Secretary a grant proposal that includes, 
        at a minimum--
                  ``(A) information demonstrating the estimated 
                effectiveness of the project; and
                  ``(B) a method for evaluating the effectiveness of 
                the project.
          ``(4) Eligible projects.--Projects eligible for grants under 
        this subsection may include--
                  ``(A) the establishment of maritime technology skill 
                centers developed through local partnerships of 
                industry, labor, education, community-based 
                organizations, economic development organizations, or 
                Federal, State, and local government agencies to meet 
                unmet skills needs of the maritime industry;
                  ``(B) projects that provide training to upgrade the 
                skills of workers who are employed in the maritime 
                industry;
                  ``(C) projects that promote the use of distance 
                learning, enabling students to take courses through the 
                use of media technology, such as videos, 
                teleconferencing, and the Internet;
                  ``(D) projects that assist in providing services to 
                address maritime recruitment and training of youth 
                residing in targeted high poverty areas within 
                empowerment zones and enterprise communities;
                  ``(E) the establishment of partnerships with national 
                and regional organizations with special expertise in 
                developing, organizing, and administering merchant 
                mariner recruitment and training services; and
                  ``(F) the establishment of maritime training programs 
                that foster technical skills and operational 
                productivity in communities in which economies are 
                related to or dependent upon the maritime industry.
  ``(c) Projects Authorized.--
          ``(1) Projects.--The Secretary may award grants to carry out 
        projects identified in a plan published under subsection (a)(1) 
        under which the project sponsor will--
                  ``(A) design, develop, and test an array of 
                approaches to providing recruitment, training, or 
                retention services to one or more targeted populations;
                  ``(B) in conjunction with employers, organized labor, 
                other groups (such as community coalitions), and 
                Federal, State, or local agencies, design, develop, and 
                test various training approaches in order to determine 
                effective practices; or
                  ``(C) assist in the development and replication of 
                effective service delivery strategies for the national 
                maritime industry as a whole.
          ``(2) Research projects.--The Secretary may award grants to 
        carry out research projects identified in a plan published 
        under subsection (a)(1) that will contribute to the solution of 
        maritime industry recruitment, training, and retention issues 
        in the United States.
          ``(3) Multistate or regional projects.--The Secretary may 
        award grants to carry out multistate or regional projects 
        identified in a plan published under subsection (a)(1) to 
        effectively disseminate best practices and models for 
        implementing maritime recruitment, training, and retention 
        services designed to address industry-wide skill shortages.
          ``(4) Grant awards.--Grants shall be awarded under this 
        subsection on a competitive basis under guidelines and 
        requirements to be established by the Secretary.
  ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2010 through 2015--
          ``(1) $10,000,000 for making grants under this section; and
          ``(2) $1,000,000 for administrative expenses of the Secretary 
        in carrying out this section.''.
  (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``51705. Maritime career training loan program.
``51706. Maritime recruitment, training, and retention grant 
program.''.

                  TITLE VII--COAST GUARD MODERNIZATION

SEC. 701. SHORT TITLE.

  This title may be cited as the ``Coast Guard Modernization Act of 
2009''.

                   Subtitle A--Coast Guard Leadership

SEC. 711. ADMIRALS AND VICE ADMIRALS.

  (a) Admirals.--Section 41 of title 14, United States Code, is amended 
by striking ``an admiral,'' and inserting ``admirals;''.
  (b) Vice Commandant.--Section 47 of title 14, United States Code, is 
amended--
          (1) in the section heading by striking ``assignment'' and 
        inserting ``appointment''; and
          (2) in the text by striking ``vice admiral'' and inserting 
        ``admiral''.
  (c) Vice Admirals.--
          (1) In general.--Section 50 of title 14, United States Code, 
        is amended to read as follows:

``Sec. 50. Vice admirals

  ``(a)(1) The President may designate 4 positions of importance and 
responsibility that shall be held by officers who--
          ``(A) while so serving, shall have the grade of vice admiral, 
        with the pay and allowances of that grade; and
          ``(B) shall perform any duties as the Commandant may 
        prescribe.
  ``(2) The 4 vice admiral positions authorized under paragraph (1) 
are, respectively, the following:
          ``(A) The Deputy Commandant for Mission Support.
          ``(B) The Deputy Commandant for Operations and Policy.
          ``(C) The Commander, Force Readiness Command.
          ``(D) The Commander, Operations Command.
  ``(3) The President may appoint, by and with the advice and consent 
of the Senate, and reappoint, by and with the advice and consent of the 
Senate, to each of the positions designated under paragraph (1) an 
officer of the Coast Guard who is serving on active duty above the 
grade of captain. The Commandant shall make recommendations for those 
appointments.
  ``(4)(A) Except as provided in subparagraph (B), the Deputy 
Commandant for Operations and Policy must have at least 10 years 
experience in vessel inspection, marine casualty investigations, 
mariner licensing, or an equivalent technical expertise in the design 
and construction of commercial vessels, with at least 4 years of 
leadership experience at a staff or unit carrying out marine safety 
functions.
  ``(B) The requirements of subparagraph (A) do not apply to such 
Deputy Commandant if the subordinate officer serving in the grade of 
rear admiral with responsibilities for marine safety, security, and 
stewardship possesses that experience.
  ``(b)(1) The appointment and the grade of vice admiral under this 
section shall be effective on the date the officer assumes that duty 
and, except as provided in paragraph (2) of this subsection or in 
section 51(d) of this title, shall terminate on the date the officer is 
detached from that duty.
  ``(2) An officer who is appointed to a position designated under 
subsection (a) shall continue to hold the grade of vice admiral--
          ``(A) while under orders transferring the officer to another 
        position designated under subsection (a), beginning on the date 
        the officer is detached from duty and terminating on the date 
        before the day the officer assumes the subsequent duty, but not 
        for more than 60 days;
          ``(B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is discharged 
        from the hospital, but not for more than 180 days; and
          ``(C) while awaiting retirement, beginning on the date the 
        officer is detached from duty and ending on the day before the 
        officer's retirement, but not for more than 60 days.
  ``(c)(1) An appointment of an officer under subsection (a) does not 
vacate the permanent grade held by the officer.
  ``(2) An officer serving in a grade above rear admiral who holds the 
permanent grade of rear admiral (lower half) shall be considered for 
promotion to the permanent grade of rear admiral as if the officer was 
serving in the officer's permanent grade.
  ``(d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of the 
qualifications needed by an officer serving in that position to carry 
out effectively the duties and responsibilities of that position.''.
          (2) Application of deputy commandant qualification 
        requirement.--The requirement under section 50(a)(4)(A) of 
        title 14, United States Code, as amended by this subsection, 
        shall apply on and after October 1, 2011.
  (d) Repeal.--Section 50a of title 14, United States Code, is 
repealed.
  (e) Conforming Amendment.--Section 51 of that title is amended--
          (1) by amending subsections (a), (b), and (c) to read as 
        follows:
  ``(a) An officer, other than the Commandant, who, while serving in 
the grade of admiral or vice admiral, is retired for physical 
disability shall be placed on the retired list with the highest grade 
in which that officer served.
  ``(b) An officer, other than the Commandant, who is retired while 
serving in the grade of admiral or vice admiral, or who, after serving 
at least two and one-half years in the grade of admiral or vice 
admiral, is retired while serving in a lower grade, may in the 
discretion of the President, be retired with the highest grade in which 
that officer served.
  ``(c) An officer, other than the Commandant, who, after serving less 
than two and one-half years in the grade of admiral or vice admiral, is 
retired while serving in a lower grade, shall be retired in his 
permanent grade.''; and
          (2) in subsection (d)(2) by striking ``Area Commander, or 
        Chief of Staff'' and inserting ``or Vice Admirals''.
  (f) Continuity of Grade.--Section 52 of title 14, United States Code, 
is amended--
          (1) in the section heading by inserting ``and admirals'' 
        after ``Vice admirals''; and
          (2) in the text by inserting ``or admiral'' after ``vice 
        admiral'' the first time that term appears.
  (g) Continuation on Active Duty.--The second sentence of section 
290(a) of title 14, United States Code, is amended to read as follows: 
``Officers, other than the Commandant, serving for the time being or 
who have served in the grade of vice admiral or admiral are not subject 
to consideration for continuation under this subsection, and as to all 
other provisions of this section shall be considered as having been 
continued in the grade of rear admiral.''.
  (h) Treatment of Incumbents; Transition.--
          (1) Vice commandant.--Notwithstanding any other provision of 
        law, the officer who, on the date of enactment of this Act, is 
        serving in the Coast Guard as Vice Commandant--
                  (A) shall continue to serve as Vice Commandant;
                  (B) shall have the grade of admiral with pay and 
                allowances of that grade; and
                  (C) shall not be required to be reappointed by reason 
                of the enactment of this Act.
          (2)  Chief of staff, commander, atlantic area, or commander, 
        pacific area.--Notwithstanding any other provision of law, an 
        officer who, on the date of enactment of this Act, is serving 
        in the Coast Guard as Chief of Staff, Commander, Atlantic Area, 
        or Commander, Pacific Area--
                  (A) shall continue to have the grade of vice admiral 
                with pay and allowance of that grade until such time 
                that the officer is relieved of his or her duties and 
                appointed and confirmed to another position as a vice 
                admiral or admiral; and
                  (B) for the purposes of transition, may continue, for 
                not more than one year after the date of enactment of 
                this Act, to perform the duties of the officer's former 
                position and any other such duties that the Commandant 
                prescribes.
  (i) Clerical Amendments.--
          (1) The table of sections at the beginning of chapter 3 of 
        title 14, United States Code, is amended--
                  (A) by striking the item relating to section 47 and 
                inserting the following:

``47. Vice Commandant; appointment.'';
                  (B) by striking the item relating to section 50 and 
                inserting the following:

``50. Vice admirals.'';
                  (C) by striking the item relating to section 50a; and
                  (D) by striking the item relating to section 52 and 
                inserting the following:

``52. Vice admirals and admirals, continuity of grade.''.
  (j) Technical Correction.--Section 47 of title 14, United States 
Code, is further amended in the fifth sentence by striking 
``subsection'' and inserting ``section''.

                Subtitle B--Marine Safety Administration

SEC. 721. MARINE SAFETY.

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

``Sec. 101. Marine safety

  ``To protect life, property, and the environment on, under, and over 
waters subject to the jurisdiction of the United States and on vessels 
subject to the jurisdiction of the United States, the Commandant shall 
promote maritime safety as follows:
          ``(1) By taking actions necessary and in the public interest 
        to protect such life, property, and the environment.
          ``(2) Based on the following priorities:
                  ``(A) Preventing marine casualties and threats to the 
                environment.
                  ``(B) Minimizing the impacts of marine casualties and 
                environmental threats.
                  ``(C) Maximizing lives and property saved and 
                environment protected in the event of a marine 
                casualty.''.
  (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is further amended by adding at the end the following new item:

``101. Marine safety.''.

SEC. 722. MARINE SAFETY STAFF.

  (a) In General.--Chapter 3 of title 14, United States Code, is 
further amended by adding at the end the following new sections:

``Sec. 57. Marine safety workforce

  ``(a) Designation of Marine Safety Workforce.--
          ``(1) In general.--The Secretary, acting through the 
        Commandant, shall designate those positions in the Coast Guard 
        that constitute the marine safety workforce.
          ``(2) Required positions.--In designating positions under 
        paragraph (1), the Secretary shall include, at a minimum, the 
        following marine safety-related positions:
                  ``(A) Program oversight.
                  ``(B) Vessel and facility inspection.
                  ``(C) Casualty investigation.
                  ``(D) Pollution investigation.
                  ``(E) Merchant Mariner licensing, documentation, and 
                registry.
                  ``(F) Marine safety engineering or other technical 
                activities.
          ``(3) Marine safety management headquarter activities.--The 
        Secretary shall also designate under paragraph (1) those marine 
        safety-related positions located at Coast Guard headquarters 
        units, including the Marine Safety Center and the National 
        Maritime Center.
  ``(b) Career Paths.--The Secretary, acting through the Commandant, 
shall ensure that appropriate career paths for civilian and military 
Coast Guard personnel who wish to pursue careers in marine safety are 
identified in terms of the education, training, experience, and 
assignments necessary for career progression of civilians and members 
of the Armed Forces to the most senior marine safety positions. The 
Secretary shall make available published information on such career 
paths.
  ``(c) Qualifications.--With regard to the marine safety workforce, an 
officer, member, or civilian employee of the Coast Guard assigned as 
a--
          ``(1) marine inspector shall have the training, experience, 
        and qualifications equivalent to that required for a similar 
        position at a classification society recognized by the 
        Secretary under section 3316 of title 46 for the type of 
        vessel, system, or equipment that is inspected;
          ``(2) marine casualty investigator shall have training, 
        experience, and qualifications in investigation, marine 
        casualty reconstruction, evidence collection and preservation, 
        human factors, and documentation using best investigation 
        practices by Federal and non-Federal entities; or
          ``(3) marine safety engineer shall have knowledge, skill, and 
        practical experience in--
                  ``(A) the construction and operation of commercial 
                vessels;
                  ``(B) judging the character, strength, stability, and 
                safety qualities of such vessels and their equipment; 
                or
                  ``(C) the qualifications and training of vessel 
                personnel.
  ``(d) Apprenticeship Requirement.--Any officer, member, or employee 
of the Coast Guard in training to become a marine inspector, marine 
casualty investigator, or a marine safety engineer shall serve a 
minimum of one-year apprenticeship, unless otherwise directed by the 
Commandant, under the guidance of a qualified marine inspector, marine 
casualty investigator, or marine safety engineer. The Commandant may 
authorize shorter apprenticeship periods for certain qualifications, as 
appropriate.
  ``(e) Balanced Workforce Policy.--In the development of marine safety 
workforce policies under this section with respect to any civilian 
employees or applicants for employment with the Coast Guard, the 
Secretary shall, consistent with the merit system principles set out in 
paragraphs (1) and (2) of section 2301(b) of title 5, take into 
consideration the need to maintain a balanced workforce in which women 
and members of racial and ethnic minority groups are appropriately 
represented in Government service.
  ``(f) Management Information System.--The Secretary, acting through 
the Commandant, shall establish a management information system for the 
marine safety workforce that shall provide, at a minimum, the following 
standardized information on persons serving in marine safety positions:
          ``(1) Qualifications, assignment history, and tenure in 
        assignments of persons in the marine safety workforce.
          ``(2) Promotion rates for military and civilian personnel in 
        the marine safety workforce.
  ``(g) Assessment of Adequacy of Marine Safety Workforce.--
          ``(1) Report.--The Secretary, acting through the Commandant, 
        shall report to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate by December 1 of each year on the adequacy of the 
        current marine safety workforce to meet that anticipated 
        workload.
          ``(2) Contents.--The report shall specify the number of 
        civilian and military Coast Guard personnel currently assigned 
        to marine safety positions and shall identify positions that 
        are understaffed to meet the anticipated marine safety 
        workload.
  ``(h) Sector Chief of Marine Safety.--
          ``(1) In general.--There shall be in each Coast Guard sector 
        a Chief of Marine Safety who shall be at least a Lieutenant 
        Commander or civilian employee within the grade GS-13 of the 
        General Schedule, and who shall be a--
                  ``(A) marine inspector, qualified to inspect vessels, 
                vessel systems, and equipment commonly found in the 
                sector; and
                  ``(B) qualified marine casualty investigator.
          ``(2) Functions.--The Chief of Marine Safety for a sector--
                  ``(A) is responsible for all individuals who, on 
                behalf of the Coast Guard, inspect or examine vessels, 
                conduct marine casualty investigations; and
                  ``(B) if not the Coast Guard officer in command of 
                that sector, is the principal advisor to the Sector 
                Commander regarding marine safety matters in that 
                sector.
  ``(i) Signatories of Letter of Qualification.--Each individual 
signing a letter of qualification for marine safety personnel must hold 
a letter of qualification for the type being certified.

``Sec. 58. Centers of Expertise for Marine Safety

  ``(a) Establishment.--The Commandant of the Coast Guard may establish 
and operate one or more Centers of Expertise for Marine Safety (in this 
section referred to as a `Center').
  ``(b) Missions.--The Centers shall--
          ``(1) be used to provide and facilitate education, training, 
        and research in marine safety including vessel inspection and 
        causality investigation;
          ``(2) develop a repository of information on marine safety; 
        and
          ``(3) perform any other missions as the Commandant may 
        specify.
  ``(c) Joint Operation With Educational Institution Authorized.--The 
Commandant may enter into an agreement with an appropriate official of 
an institution of higher education to--
          ``(1) provide for joint operation of a Center; and
          ``(2) provide necessary administrative services for a Center, 
        including administration and allocation of funds.
  ``(d) Acceptance of Donations.--(1) Except as provided in paragraph 
(2), the Commandant may accept, on behalf of a Center, donations to be 
used to defray the costs of the Center or to enhance the operation of 
the Center. Those donations may be accepted from any State or local 
government, any foreign government, any foundation or other charitable 
organization (including any that is organized or operates under the 
laws of a foreign country), or any individual.
  ``(2) The Commandant may not accept a donation under paragraph (1) if 
the acceptance of the donation would compromise or appear to 
compromise--
          ``(A) the ability of the Coast Guard or the department in 
        which the Coast Guard is operating, any employee of the Coast 
        Guard or the department, or any member of the Armed Forces to 
        carry out any responsibility or duty in a fair and objective 
        manner; or
          ``(B) the integrity of any program of the Coast Guard, the 
        department in which the Coast Guard is operating, or of any 
        person involved in such a program.
  ``(3) The Commandant shall prescribe written guidance setting forth 
the criteria to be used in determining whether or not the acceptance of 
a donation from a foreign source would have a result described in 
paragraph (2).

``Sec. 59. Marine industry training program

  ``(a) In General.--The Commandant shall, by policy, establish a 
program under which an officer, member, or employee of the Coast Guard 
may be assigned to a private entity to further the institutional 
interests of the Coast Guard with regard to marine safety, including 
for the purpose of providing training to an officer, member, or 
employee. Policies to carry out the program--
          ``(1) with regard to an employee of the Coast Guard, shall 
        include provisions, consistent with sections 3702 through 3704 
        of title 5, as to matters concerning--
                  ``(A) the duration and termination of assignments;
                  ``(B) reimbursements; and
                  ``(C) status, entitlements, benefits, and obligations 
                of program participants; and
          ``(2) shall require the Commandant, before approving the 
        assignment of an officer, member, or employee of the Coast 
        Guard to a private entity, to determine that the assignment is 
        an effective use of the Coast Guard's funds, taking into 
        account the best interests of the Coast Guard and the costs and 
        benefits of alternative methods of achieving the same results 
        and objectives.
  ``(b) Annual Report.--Not later than the date of the submission each 
year of the President's budget request under section 1105 of title 31, 
the Commandant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report that 
describes--
          ``(1) the number of officers, members, and employees of the 
        Coast Guard assigned to private entities under this section; 
        and
          ``(2) the specific benefit that accrues to the Coast Guard 
        for each assignment.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is further amended by adding at the end the following new 
items:

``57. Marine safety workforce.
``58. Centers of Expertise for Marine Safety.
``59. Marine industry training program.''.

SEC. 723. MARINE SAFETY MISSION PRIORITIES AND LONG-TERM GOALS.

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

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

  ``(a) Long-Term Strategy and Goals.--In conjunction with existing 
federally required strategic planning efforts, the Secretary shall 
develop a long-term strategy for improving vessel safety and the safety 
of individuals on vessels. The strategy shall include the issuance each 
year of an annual plan and schedule for achieving the following goals:
          ``(1) Reducing the number and rates of marine casualties.
          ``(2) Improving the consistency and effectiveness of vessel 
        and operator enforcement and compliance programs.
          ``(3) Identifying and targeting enforcement efforts at high-
        risk vessels and operators.
          ``(4) Improving research efforts to enhance and promote 
        vessel and operator safety and performance.
  ``(b) Contents of Strategy and Annual Plans.--
          ``(1) Measurable goals.--The strategy and annual plans shall 
        include specific numeric or measurable goals designed to 
        achieve the goals set forth in subsection (a). The purposes of 
        the numeric or measurable goals are the following:
                  ``(A) To increase the number of safety examinations 
                on all high-risk vessels.
                  ``(B) To eliminate the backlog of marine safety-
                related rulemakings.
                  ``(C) To improve the quality and effectiveness of 
                marine safety information databases by ensuring that 
                all Coast Guard personnel accurately and effectively 
                report all safety, casualty, and injury information.
                  ``(D) To provide for a sufficient number of Coast 
                Guard marine safety personnel, and provide adequate 
                facilities and equipment to carry out the functions 
                referred to in section 93(c).
          ``(2) Resource needs.--The strategy and annual plans shall 
        include estimates of--
                  ``(A) the funds and staff resources needed to 
                accomplish each activity included in the strategy and 
                plans; and
                  ``(B) the staff skills and training needed for timely 
                and effective accomplishment of each goal.
  ``(c) Submission With the President's Budget.--Beginning with fiscal 
year 2011 and each fiscal year thereafter, the Secretary shall submit 
to Congress the strategy and annual plan not later than 60 days 
following the transmission of the President's budget submission under 
section 1105 of title 31.
  ``(d) Achievement of Goals.--
          ``(1) Progress assessment.--No less frequently than 
        semiannually, the Coast Guard Commandant and the Assistant 
        Commandant for Marine Safety shall jointly assess the progress 
        of the Coast Guard toward achieving the goals set forth in 
        subsection (b). The Commandant and the Assistant Commandant 
        shall jointly convey their assessment to the employees of the 
        Assistant Commandant and shall identify any deficiencies that 
        should be remedied before the next progress assessment.
          ``(2) Report to congress.--The Secretary shall report 
        annually to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate--
                  ``(A) on the performance of the marine safety program 
                in achieving the goals of the marine safety strategy 
                and annual plan under subsection (a) for the year 
                covered by the report;
                  ``(B) on the program's mission performance in 
                achieving numerical measurable goals established under 
                subsection (b); and
                  ``(C) recommendations on how to improve performance 
                of the program.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
adding at the end the following new item:

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

  (c) Certificates of Inspection.--Section 3309 of title 46, United 
States Code, is amended by adding at the end the following:
  ``(d) A certificate of inspection issued under this section shall be 
signed by the senior Coast Guard member or civilian employee who 
inspected the vessel, in addition to the officer in charge of marine 
inspection.''.

SEC. 724. POWERS AND DUTIES.

  Section 93 of title 14, United States Code, is amended by adding at 
the end the following new subsections:
  ``(c) Marine Safety Responsibilities.--In exercising the Commandant's 
duties and responsibilities with regard to marine safety, the 
individual with the highest rank who meets the experience 
qualifications set forth in section 50(a)(4) shall serve as the 
principal advisor to the Commandant regarding--
          ``(1) the operation, regulation, inspection, identification, 
        manning, and measurement of vessels, including plan approval 
        and the application of load lines;
          ``(2) approval of materials, equipment, appliances, and 
        associated equipment;
          ``(3) the reporting and investigation of marine casualties 
        and accidents;
          ``(4) the licensing, certification, documentation, protection 
        and relief of merchant seamen;
          ``(5) suspension and revocation of licenses and certificates;
          ``(6) enforcement of manning requirements, citizenship 
        requirements, control of log books;
          ``(7) documentation and numbering of vessels;
          ``(8) State boating safety programs;
          ``(9) commercial instruments and maritime liens;
          ``(10) the administration of bridge safety;
          ``(11) administration of the navigation rules;
          ``(12) the prevention of pollution from vessels;
          ``(13) ports and waterways safety;
          ``(14) waterways management; including regulation for 
        regattas and marine parades;
          ``(15) aids to navigation; and
          ``(16) other duties and powers of the Secretary related to 
        marine safety and stewardship.
  ``(d) Other Authority Not Affected.--Nothing in subsection (c) 
affects--
          ``(1) the authority of Coast Guard officers and members to 
        enforce marine safety regulations using authority under section 
        89 of this title; or
          ``(2) the exercise of authority under section 91 of this 
        title and the provisions of law codified at sections 191 
        through 195 of title 50 on the date of enactment of this 
        paragraph.''.

SEC. 725. APPEALS AND WAIVERS.

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

``Sec. 102. Appeals and waivers

  ``Except for the Commandant of the Coast Guard, any individual 
adjudicating an appeal or waiver of a decision regarding marine safety, 
including inspection or manning and threats to the environment, shall--
          ``(1) be a qualified specialist with the training, 
        experience, and qualifications in marine safety to effectively 
        judge the facts and circumstances involved in the appeal and 
        make a judgment regarding the merits of the appeal; or
          ``(2) have a senior staff member who--
                  ``(A) meets the requirements of paragraph (1);
                  ``(B) actively advises the individual adjudicating 
                the appeal; and
                  ``(C) concurs in writing on the decision on 
                appeal.''.
  (b) Clerical Amendment.--The analysis for such chapter is further 
amended by adding at the end the following new item:

``102. Appeals and waivers.''.

SEC. 726. COAST GUARD ACADEMY.

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

``Sec. 200. Marine safety curriculum

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

``200. Marine safety curriculum.''.

SEC. 727. REPORT REGARDING CIVILIAN MARINE INSPECTORS.

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

                       TITLE VIII--MARINE SAFETY

SEC. 801. SHORT TITLE.

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

SEC. 802. VESSEL SIZE LIMITS.

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

SEC. 803. COLD WEATHER SURVIVAL TRAINING.

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

SEC. 804. FISHING VESSEL SAFETY.

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

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

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

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

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

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

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

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

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

SEC. 805. MARINER RECORDS.

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

SEC. 806. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR OPERATORS OF 
                    CERTAIN TOWING VESSELS.

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

SEC. 807. LOG BOOKS.

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

``Sec. 11304. Additional logbook and entry requirements

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

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

SEC. 808. SAFE OPERATIONS AND EQUIPMENT STANDARDS.

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

``Sec. 2117. Termination for unsafe operation

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

``Sec. 2118. Establishment of equipment standards

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

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

SEC. 809. APPROVAL OF SURVIVAL CRAFT.

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

``Sec. 3104. Survival craft

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

``3104. Survival craft.''.

SEC. 810. SAFETY MANAGEMENT.

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

SEC. 811. PROTECTION AGAINST DISCRIMINATION.

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

SEC. 812. OIL FUEL TANK PROTECTION.

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

SEC. 813. OATHS.

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

SEC. 814. DURATION OF CREDENTIALS.

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

``Sec. 7106. Duration of licenses

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

``Sec. 7107. Duration of certificates of registry

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

SEC. 815. FINGERPRINTING.

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

``Sec. 7507. Fingerprinting

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

``7507. Fingerprinting.''.

SEC. 816. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, 
                    CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' 
                    DOCUMENTS.

  (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 46, 
United States Code, as amended by section 815(a) of this title, is 
further amended by adding at the end the following:

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

  ``(a) Licenses and Certificates of Registry.--Notwithstanding 
sections 7106 and 7107, the Secretary of the department in which the 
Coast Guard is operating may--
          ``(1) extend for not more than one year an expiring license 
        or certificate of registry issued for an individual under 
        chapter 71 if the Secretary determines that the extension is 
        required to enable the Coast Guard to eliminate a backlog in 
        processing applications for those licenses or certificates of 
        registry or in response to a national emergency or natural 
        disaster, as deemed necessary by the Secretary; or
          ``(2) issue for not more than five years an expiring license 
        or certificate of registry issued for an individual under 
        chapter 71 for the exclusive purpose of aligning the expiration 
        date of such license or certificate of registry with the 
        expiration date of a merchant mariner's document.
  ``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), 
the Secretary may--
          ``(1) extend for not more than one year an expiring merchant 
        mariner's document issued for an individual under chapter 71 if 
        the Secretary determines that the extension is required to 
        enable the Coast Guard to eliminate a backlog in processing 
        applications for those licenses or certificates of registry or 
        in response to a national emergency or natural disaster, as 
        deemed necessary by the Secretary; or
          ``(2) issue for not more than five years an expiring merchant 
        mariner's document issued for an individual under chapter 71 
        for the exclusive purpose of aligning the expiration date of 
        such merchant mariner's document with the expiration date of a 
        merchant mariner's document.
  ``(c) Manner of Extension.--Any extensions granted under this section 
may be granted to individual seamen or a specifically identified group 
of seamen.''.
  (b) Clerical Amendment.--The analysis for such chapter, as amended by 
section 815(b), is further amended by adding at the end the following:

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

SEC. 817. MERCHANT MARINER DOCUMENTATION.

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

SEC. 818. MERCHANT MARINER ASSISTANCE REPORT.

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

SEC. 819. OFFSHORE SUPPLY VESSELS.

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

SEC. 820. ASSOCIATED EQUIPMENT.

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

SEC. 821. LIFESAVING DEVICES ON UNINSPECTED VESSELS.

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

SEC. 822. STUDY OF BLENDED FUELS IN MARINE APPLICATION.

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

SEC. 823. RENEWAL OF ADVISORY COMMITTEES.

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

                     TITLE IX--CRUISE VESSEL SAFETY

SEC. 901. SHORT TITLE.

  This title may be cited as the ``Cruise Vessel Security and Safety 
Act of 2009''.

SEC. 902. FINDINGS.

  The Congress makes the following findings:
          (1) There are approximately 200 overnight ocean-going cruise 
        vessels worldwide. The average ocean-going cruise vessel 
        carries 2,000 passengers with a crew of 950 people.
          (2) In 2007 alone, approximately 12,000,000 passengers were 
        projected to take a cruise worldwide.
          (3) Passengers on cruise vessels have an inadequate 
        appreciation of their potential vulnerability to crime while on 
        ocean voyages, and those who may be victimized lack the 
        information they need to understand their legal rights or to 
        know whom to contact for help in the immediate aftermath of the 
        crime.
          (4) Sexual violence, the disappearance of passengers from 
        vessels on the high seas, and other serious crimes have 
        occurred during luxury cruises.
          (5) Over the last 5 years, sexual assault and physical 
        assaults on cruise vessels were the leading crimes investigated 
        by the Federal Bureau of Investigation with regard to cruise 
        vessel incidents.
          (6) These crimes at sea can involve attacks both by 
        passengers and crew members on other passengers and crew 
        members.
          (7) Except for United States flagged vessels, or foreign 
        flagged vessels operating in an area subject to the direct 
        jurisdiction of the United States, there are no Federal 
        statutes or regulations that explicitly require cruise lines to 
        report alleged crimes to United States Government officials.
          (8) It is not known precisely how often crimes occur on 
        cruise vessels or exactly how many people have disappeared 
        during ocean voyages because cruise line companies do not make 
        comprehensive, crime-related data readily available to the 
        public.
          (9) Obtaining reliable crime-related cruise data from 
        governmental sources can be difficult, because multiple 
        countries may be involved when a crime occurs on the high seas, 
        including the flag country for the vessel, the country of 
        citizenship of particular passengers, and any countries having 
        special or maritime jurisdiction.
          (10) It can be difficult for professional crime investigators 
        to immediately secure an alleged crime scene on a cruise 
        vessel, recover evidence of an onboard offense, and identify or 
        interview potential witnesses to the alleged crime.
          (11) Most cruise vessels that operate into and out of United 
        States ports are registered under the laws of another country, 
        and investigations and prosecutions of crimes against 
        passengers and crew members may involve the laws and 
        authorities of multiple nations.
          (12) The Coast Guard has found it necessary to establish 500-
        yard security zones around cruise vessels to limit the risk of 
        terrorist attack. Recently piracy has dramatically increased 
        throughout the world.
          (13) To enhance the safety of cruise passengers, the owners 
        of cruise vessels could upgrade, modernize, and retrofit the 
        safety and security infrastructure on such vessels by 
        installing peep holes in passenger room doors, installing 
        security video cameras in targeted areas, limiting access to 
        passenger rooms to select staff during specific times, and 
        installing acoustic hailing and warning devices capable of 
        communicating over distances.

SEC. 903. CRUISE VESSEL SECURITY AND SAFETY REQUIREMENTS.

  (a) In General.--Chapter 35 of title 46, United States Code, is 
amended by adding at the end the following:

``Sec. 3507. Passenger vessel security and safety requirements

  ``(a) Vessel Design, Equipment, Construction, and Retrofitting 
Requirements.--
          ``(1) In general.--Each vessel to which this subsection 
        applies shall comply with the following design and construction 
        standards:
                  ``(A) The vessel shall be equipped with ship rails 
                that are located not less than 42 inches above the 
                cabin deck.
                  ``(B) Each passenger stateroom and crew cabin shall 
                be equipped with entry doors that include peep holes or 
                other means of visual identification.
                  ``(C) For any vessel the keel of which is laid after 
                the date of enactment of the Cruise Vessel Security and 
                Safety Act of 2009, each passenger stateroom and crew 
                cabin shall be equipped with--
                          ``(i) security latches; and
                          ``(ii) time-sensitive key technology.
                  ``(D) The vessel shall integrate technology that can 
                be used for capturing images of passengers or detecting 
                passengers who have fallen overboard, to the extent 
                that such technology is available.
                  ``(E) The vessel shall be equipped with a sufficient 
                number of operable acoustic hailing or other such 
                warning devices to provide communication capability 
                around the entire vessel when operating in high risk 
                areas (as defined by the United States Coast Guard).
          ``(2) Fire safety codes.--In administering the requirements 
        of paragraph (1)(C), the Secretary shall take into 
        consideration fire safety and other applicable emergency 
        requirements established by the U.S. Coast Guard and under 
        international law, as appropriate.
          ``(3) Effective date.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the requirements of paragraph (1) shall take 
                effect 18 months after the date of enactment of the 
                Cruise Vessel Security and Safety Act of 2009.
                  ``(B) Latch and key requirements.--The requirements 
                of paragraph (1)(C) take effect on the date of 
                enactment of the Cruise Vessel Security and Safety Act 
                of 2009.
  ``(b) Video Recording.--
          ``(1) Requirement to maintain surveillance.--The owner of a 
        vessel to which this section applies shall maintain a video 
        surveillance system to assist in documenting crimes on the 
        vessel and in providing evidence for the prosecution of such 
        crimes, as determined by the Secretary.
          ``(2) Access to video records.--The owner of a vessel to 
        which this section applies shall provide to any law enforcement 
        official performing official duties in the course and scope of 
        an investigation, upon request, a copy of all records of video 
        surveillance that the official believes may provide evidence of 
        a crime reported to law enforcement officials.
  ``(c) Safety Information.--The owner of a vessel to which this 
section applies shall provide in each passenger stateroom, and post in 
a location readily accessible to all crew and in other places specified 
by the Secretary, information regarding the locations of the United 
States embassy and each consulate of the United States for each country 
the vessel will visit during the course of the voyage.
  ``(d) Sexual Assault.--The owner of a vessel to which this section 
applies shall--
          ``(1) maintain on the vessel adequate, in-date supplies of 
        anti-retroviral medications and other medications designed to 
        prevent sexually transmitted diseases after a sexual assault;
          ``(2) maintain on the vessel equipment and materials for 
        performing a medical examination in sexual assault cases to 
        evaluate the patient for trauma, provide medical care, and 
        preserve relevant medical evidence;
          ``(3) make available on the vessel at all times medical staff 
        who have undergone a credentialing process to verify that he or 
        she--
                  ``(A) possesses a current physician's or registered 
                nurse's license and--
                          ``(i) has at least 3 years of post-graduate 
                        or post-registration clinical practice in 
                        general and emergency medicine; or
                          ``(ii) holds board certification in emergency 
                        medicine, family practice medicine, or internal 
                        medicine;
                  ``(B) is able to provide assistance in the event of 
                an alleged sexual assault, has received training in 
                conducting forensic sexual assault examination, and is 
                able to promptly perform such an examination upon 
                request and provide proper medical treatment of a 
                victim, including administration of anti-retroviral 
                medications and other medications that may prevent the 
                transmission of human immunodeficiency virus and other 
                sexually transmitted diseases; and
                  ``(C) meets guidelines established by the American 
                College of Emergency Physicians relating to the 
                treatment and care of victims of sexual assault;
          ``(4) prepare, provide to the patient, and maintain written 
        documentation of the findings of such examination that is 
        signed by the patient; and
          ``(5) provide the patient free and immediate access to--
                  ``(A) contact information for local law enforcement, 
                the Federal Bureau of Investigation, the United States 
                Coast Guard, the nearest United States consulate or 
                embassy, and the National Sexual Assault Hotline 
                program or other third party victim advocacy hotline 
                service; and
                  ``(B) a private telephone line and Internet-
                accessible computer terminal by which the individual 
                may confidentially access law enforcement officials, an 
                attorney, and the information and support services 
                available through the National Sexual Assault Hotline 
                program or other third party victim advocacy hotline 
                service.
  ``(e) Confidentiality of Sexual Assault Examination and Support 
Information.--The master or other individual in charge of a vessel to 
which this section applies shall--
          ``(1) treat all information concerning an examination under 
        subsection (d) confidential, so that no medical information may 
        be released to the cruise line or other owner of the vessel or 
        any legal representative thereof without the prior knowledge 
        and approval in writing of the patient, or, if the patient is 
        unable to provide written authorization, the patient's next-of-
        kin, except that nothing in this paragraph prohibits the 
        release of--
                  ``(A) information, other than medical findings, 
                necessary for the owner or master of the vessel to 
                comply with the provisions of subsection (g) or other 
                applicable incident reporting laws;
                  ``(B) information to secure the safety of passengers 
                or crew on board the vessel; or
                  ``(C) any information to law enforcement officials 
                performing official duties in the course and scope of 
                an investigation; and
          ``(2) treat any information derived from, or obtained in 
        connection with, post-assault counseling or other supportive 
        services confidential, so no such information may be released 
        to the cruise line or any legal representative thereof without 
        the prior knowledge and approval in writing of the patient, or, 
        if the patient is unable to provide written authorization, the 
        patient's next-of-kin.
  ``(f) Crew Access to Passenger Staterooms.--The owner of a vessel to 
which this section applies shall--
          ``(1) establish and implement procedures and restrictions 
        concerning--
                  ``(A) which crew members have access to passenger 
                staterooms; and
                  ``(B) the periods during which they have that access; 
                and
          ``(2) ensure that the procedures and restrictions are fully 
        and properly implemented and periodically reviewed.
  ``(g) Log Book and Reporting Requirements.--
          ``(1) In general.--The owner of a vessel to which this 
        section applies shall--
                  ``(A) record in a log book, either electronically or 
                otherwise, in a centralized location readily accessible 
                to law enforcement personnel, a report on--
                          ``(i) all complaints of crimes described in 
                        paragraph (3)(A)(i),
                          ``(ii) all complaints of theft of property 
                        valued in excess of $1,000, and
                          ``(iii) all complaints of other crimes,
                committed on any voyage that embarks or disembarks 
                passengers in the United States; and
                  ``(B) make such log book available upon request to 
                any agent of the Federal Bureau of Investigation, any 
                member of the United States Coast Guard, and any law 
                enforcement officer performing official duties in the 
                course and scope of an investigation.
          ``(2) Details required.--The information recorded under 
        paragraph (1) shall include, at a minimum--
                  ``(A) the vessel operator;
                  ``(B) the name of the cruise line;
                  ``(C) the flag under which the vessel was operating 
                at the time the reported incident occurred;
                  ``(D) the age and gender of the victim and the 
                accused assailant;
                  ``(E) the nature of the alleged crime or complaint, 
                as applicable, including whether the alleged 
                perpetrator was a passenger or a crew member;
                  ``(F) the vessel's position at the time of the 
                incident, if known, or the position of the vessel at 
                the time of the initial report;
                  ``(G) the time, date, and method of the initial 
                report and the law enforcement authority to which the 
                initial report was made;
                  ``(H) the time and date the incident occurred, if 
                known;
                  ``(I) the total number of passengers and the total 
                number of crew members on the voyage; and
                  ``(J) the case number or other identifier provided by 
                the law enforcement authority to which the initial 
                report was made.
          ``(3) Requirement to report crimes and other information.--
                  ``(A) In general.--The owner of a vessel to which 
                this section applies (or the owner's designee)--
                          ``(i) shall contact the nearest Federal 
                        Bureau of Investigation Field Office or Legal 
                        Attache by telephone as soon as possible after 
                        the occurrence on board the vessel of an 
                        incident involving homicide, suspicious death, 
                        a missing United States national, kidnapping, 
                        assault with serious bodily injury, any offense 
                        to which section 2241, 2242, 2243, or 2244 (a) 
                        or (c) of title 18 applies, firing or tampering 
                        with the vessel, or theft of money or property 
                        in excess of $10,000 to report the incident;
                          ``(ii) shall furnish a written report of the 
                        incident to the Secretary via an Internet based 
                        portal;
                          ``(iii) may report any serious incident that 
                        does not meet the reporting requirements of 
                        clause (i) and that does not require immediate 
                        attention by the Federal Bureau of 
                        Investigation via the Internet based portal 
                        maintained by the Secretary of Transportation; 
                        and
                          ``(iv) may report any other criminal incident 
                        involving passengers or crew members, or both, 
                        to the proper State or local government law 
                        enforcement authority.
                  ``(B) Incidents to which subparagraph (A) applies.--
                Subparagraph (A) applies to an incident involving 
                criminal activity if--
                          ``(i) the vessel, regardless of registry, is 
                        owned, in whole or in part, by a United States 
                        person, regardless of the nationality of the 
                        victim or perpetrator, and the incident occurs 
                        when the vessel is within the admiralty and 
                        maritime jurisdiction of the United States and 
                        outside the jurisdiction of any State;
                          ``(ii) the incident concerns an offense by or 
                        against a United States national committed 
                        outside the jurisdiction of any nation;
                          ``(iii) the incident occurs in the 
                        Territorial Sea of the United States, 
                        regardless of the nationality of the vessel, 
                        the victim, or the perpetrator; or
                          ``(iv) the incident concerns a victim or 
                        perpetrator who is a United States national on 
                        a vessel during a voyage that departed from or 
                        will arrive at a United States port.
          ``(4) Availability of incident data via internet.--
                  ``(A) Website.--The Secretary of Transportation shall 
                maintain a statistical compilation of all incidents 
                described in paragraph (3)(A)(i) on an Internet site 
                that provides a numerical accounting of the missing 
                persons and alleged crimes recorded in each report 
                filed under paragraph (3)(A)(i) that are no longer 
                under investigation by the Federal Bureau of 
                Investigation. The data shall be updated no less 
                frequently than quarterly, aggregated by--
                          ``(i) cruise line, with each cruise line 
                        identified by name; and
                          ``(ii) whether each crime was committed by a 
                        passenger or a crew member.
                  ``(B) Access to website.--Each cruise line taking on 
                or discharging passengers in the United States shall 
                include a link on its Internet website to the website 
                maintained by the Secretary under subparagraph (A).
  ``(h) Enforcement.--
          ``(1) Penalties.--
                  ``(A) Civil penalty.--Any person that violates this 
                section or a regulation under this section shall be 
                liable for a civil penalty of not more than $25,000 for 
                each day during which the violation continues, except 
                that the maximum penalty for a continuing violation is 
                $50,000.
                  ``(B) Criminal penalty.--Any person that willfully 
                violates this section or a regulation under this 
                section shall be fined not more than $250,000 or 
                imprisoned not more than 1 year, or both.
          ``(2) Denial of entry.--The Secretary may deny entry into the 
        United States to a vessel to which this section applies if the 
        owner of the vessel--
                  ``(A) commits an act or omission for which a penalty 
                may be imposed under this subsection; or
                  ``(B) fails to pay a penalty imposed on the owner 
                under this subsection.
  ``(i) Procedures.--Within 6 months after the date of enactment of the 
Cruise Vessel Security and Safety Act of 2009, the Secretary shall 
issue guidelines, training curricula, and inspection and certification 
procedures necessary to carry out the requirements of this section.
  ``(j) Regulations.--The Secretary of Transportation and the 
Commandant shall each issue such regulations as are necessary to 
implement this section.
  ``(k) Application.--
          ``(1) In general.--This section and section 3508 apply to a 
        passenger vessel (as defined in section 2101(22)) that--
                  ``(A) is authorized to carry at least 250 passengers;
                  ``(B) has onboard sleeping facilities for each 
                passenger;
                  ``(C) is on a voyage that embarks or disembarks 
                passengers in the United States; and
                  ``(D) is not engaged on a coastwise voyage.
          ``(2) Federal and state vessels.--This section and section 
        3508 do not apply to a vessel that is owned and operated by the 
        United States Government or a vessel that is owned and operated 
        by a State.
  ``(l) Owner Defined.--In this section and section 3508, the term 
`owner' means the owner, charterer, managing operator, master, or other 
individual in charge of a vessel.

``Sec. 3508. Crime scene preservation training for passenger vessel 
                    crew members

  ``(a) In General.--Within 1 year after the date of enactment of the 
Cruise Vessel Security and Safety Act of 2009, the Secretary, in 
consultation with the Director of the Federal Bureau of Investigation 
and the Maritime Administrator, shall develop training standards and 
curricula to allow for the certification of passenger vessel security 
personnel, crew members, and law enforcement officials on the 
appropriate methods for prevention, detection, evidence preservation, 
and reporting of criminal activities in the international maritime 
environment. The Administrator of the Maritime Administration may 
certify organizations in the United States and abroad that offer the 
curriculum for training and certification under subsection (c).
  ``(b) Minimum Standards.--The standards established by the Secretary 
under subsection (a) shall include--
          ``(1) the training and certification of vessel security 
        personnel, crew members, and law enforcement officials in 
        accordance with accepted law enforcement and security 
        guidelines, policies, and procedures, including recommendations 
        for incorporating a background check process for personnel 
        trained and certified in foreign countries;
          ``(2) the training of students and instructors in all aspects 
        of prevention, detection, evidence preservation, and reporting 
        of criminal activities in the international maritime 
        environment; and
          ``(3) the provision or recognition of off-site training and 
        certification courses in the United States and foreign 
        countries to develop and provide the required training and 
        certification described in subsection (a) and to enhance 
        security awareness and security practices related to the 
        preservation of evidence in response to crimes on board 
        passenger vessels.
  ``(c) Certification Requirement.--Beginning 2 years after the 
standards are established under subsection (b), no vessel to which this 
section applies may enter a United States port on a voyage (or voyage 
segment) on which a United States citizen is a passenger unless there 
is at least 1 crew member onboard who is certified as having 
successfully completed training in the prevention, detection, evidence 
preservation, and reporting of criminal activities in the international 
maritime environment on passenger vessels under subsection (a).
  ``(d) Interim Training Requirement.--No vessel to which this section 
applies may enter a United States port on a voyage (or voyage segment) 
on which a United States citizen is a passenger unless there is at 
least 1 crew member onboard who has been properly trained in the 
prevention, detection, evidence preservation and the reporting 
requirements of criminal activities in the international maritime 
environment. The owner of such a vessel shall maintain certification or 
other documentation, as prescribed by the Secretary, verifying the 
training of such individual and provide such documentation upon request 
for inspection in connection with enforcement of the provisions of this 
section. This subsection shall take effect 1 year after the date of 
enactment of the Cruise Vessel Safety and Security Act of 2009 and 
shall remain in effect until superseded by the requirements of 
subsection (c).
  ``(e) Civil Penalty.--Any person that violates this section or a 
regulation under this section shall be liable for a civil penalty of 
not more than $50,000.
  ``(f) Denial of Entry.--The Secretary may deny entry into the United 
States to a vessel to which this section applies if the owner of the 
vessel--
          ``(1) commits an act or omission for which a penalty may be 
        imposed under subsection (e); or
          ``(2) fails to pay a penalty imposed on the owner under 
        subsection (e).''.
  (b) Clerical Amendment.--The table of contents for such chapter is 
amended by adding at the end the following:

``3507. Passenger vessel security and safety requirements.
``3508. Crime scene preservation training for passenger vessel crew 
members.''.

SEC. 904. STUDY AND REPORT ON THE SECURITY NEEDS OF PASSENGER VESSELS.

  (a) In General.--Within 3 months after the date of enactment of this 
Act, the Secretary of the department in which the United States Coast 
Guard is operating shall conduct a study of the security needs of 
passenger vessels depending on number of passengers on the vessels, and 
report to the Congress findings of the study and recommendations for 
improving security on those vessels.
  (b) Report Contents.--In recommending appropriate security on those 
vessels, the report shall take into account typical crew member shifts, 
working conditions of crew members, and length of voyages.

               TITLE X--UNITED STATES MARINER PROTECTION

SEC. 1001. SHORT TITLE.

  This title may be cited as the ``United States Mariner and Vessel 
Protection Act of 2009''.

SEC. 1002. USE FORCE AGAINST PIRACY.

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

``Sec. 8107. Use of force against piracy

  ``An owner, operator, time charterer, master, or mariner who uses 
force, or authorizes the use of force, to defend a vessel of the United 
States against an act of piracy shall not be liable for any injury or 
death caused by such force to any person participating in the act of 
piracy.''.
  (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following new item:

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

SEC. 1003. AGREEMENTS.

  To carry out the purpose of this title, the Secretary of the 
department in which the Coast Guard is operating shall work through the 
International Maritime Organization to establish agreements to promote 
coordinated action among flag- and port-states to deter, protect 
against, and rapidly respond to acts of piracy against the vessels of, 
and in the waters under the jurisdiction of, those nations, and to 
ensure limitations on liability similar to those established by section 
8107 of title 46, United States Code, as amended by this title.

                        TITLE XI--PORT SECURITY

SEC. 1101. MARITIME HOMELAND SECURITY PUBLIC AWARENESS PROGRAM.

  The Secretary of Homeland Security shall establish a program to help 
prevent acts of terrorism and other activities that jeopardize maritime 
homeland security, by seeking the cooperation of the commercial and 
recreational boating industries and the public to improve awareness of 
activity in the maritime domain and report suspicious or unusual 
activity.

SEC. 1102. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

  (a) In General.--Not later than 120 days after completing the pilot 
program under section 70105(k)(1) of title 46, United States Code, to 
test TWIC access control technologies at port facilities and vessels 
nationwide, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives, the Committee on 
Commerce, Science, and Transportation of the Senate, and the Committee 
on Homeland Security and Governmental Affairs of the Senate and to the 
Comptroller General a report containing an assessment of the results of 
the pilot. The report shall include--
          (1) the findings of the pilot program with respect to key 
        technical and operational aspects of implementing TWIC 
        technologies in the maritime sector;
          (2) a comprehensive listing of the extent to which 
        established metrics were achieved during the pilot program; and
          (3) an analysis of the viability of those technologies for 
        use in the maritime environment, including any challenges to 
        implementing those technologies and strategies for mitigating 
        identified challenges.
  (b) GAO Assessment.--The Comptroller General shall review the report 
and submit to the Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of the Senate, and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate an assessment of the report's findings and recommendations.

SEC. 1103. REVIEW OF INTERAGENCY OPERATIONAL CENTERS.

  (a) In General.--Within 180 days of enactment of this Act, the 
Department of Homeland Security Inspector General shall provide a 
report to the Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committees on Homeland Security and Governmental Affairs and 
Commerce, Science, and Transportation of the Senate concerning the 
establishment of Interagency Operational Centers for Port Security 
required by section 108 of the SAFE Port Act (Public Law 109-347).
  (b) Report.--The report shall include--
          (1) an examination of the Department's efforts to establish 
        the Interagency Operational Centers;
          (2) a timeline for construction;
          (3) a detailed breakdown, by center, as to the incorporation 
        of those representatives required by section 70107A(b)(3) of 
        title 46, United States Code;
          (4) an analysis of the hurdles faced by the Department in 
        developing these centers;
          (5) information on the number of security clearances attained 
        by State, local, and tribal officials participating in the 
        program; and
          (6) an examination of the relationship between the 
        Interagency Operational Centers and State, local and regional 
        fusion centers participating in the Department of Homeland 
        Security's State, Local, and Regional Fusion Center Initiative 
        under section 511 of the Implementing the Recommendations of 
        the 9/11 Commission Act of 2007 (Public Law 110-53), with a 
        particular emphasis on--
                  (A) how the centers collaborate and coordinate their 
                efforts; and
                  (B) the resources allocated by the Coast Guard to 
                both initiatives.

SEC. 1104. MARITIME SECURITY RESPONSE TEAMS.

  (a) In General.--Section 70106 of title 46, United States Code, is 
amended by striking subsection (c) and inserting the following:
  ``(c) Maritime Security Response Teams.--
          ``(1) In general.--In addition to the maritime safety and 
        security teams, the Secretary shall establish no less than two 
        maritime security response teams to act as the Coast Guard's 
        rapidly deployable counterterrorism and law enforcement 
        response units that can apply advanced interdiction skills in 
        response to threats of maritime terrorism.
          ``(2) Minimization of response time.--The maritime security 
        response teams shall be stationed in such a way to minimize, to 
        the extent practicable, the response time to any reported 
        maritime terrorist threat.
  ``(d) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team and maritime security 
response team shall coordinate its activities with other Federal, 
State, and local law enforcement and emergency response agencies.''.

SEC. 1105. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPANSION.

  (a) Definitions.--For purposes of this section:
          (1) Canine detection team.--The term ``detection canine 
        team'' means a canine and a canine handler that are trained to 
        detect narcotics or explosives, or other threats as defined by 
        the Secretary.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Homeland Security.
  (b) Detection Canine Teams.--
          (1) Increased capacity.--Not later than 240 days after the 
        date of enactment of this Act, the Secretary shall--
                  (A) begin to increase the number of detection canine 
                teams certified by the Coast Guard for the purposes of 
                maritime-related security by no fewer than 10 canine 
                teams annually through fiscal year 2012; and
                  (B) encourage owners and operators of port 
                facilities, passenger cruise liners, oceangoing cargo 
                vessels, and other vessels identified by the Secretary 
                to strengthen security through the use of highly 
                trained detection canine teams.
          (2) Canine procurement.--The Secretary, acting through the 
        Commandant of the Coast Guard, shall--
                  (A) procure detection canine teams as efficiently as 
                possible, including, to the greatest extent possible, 
                through increased domestic breeding, while meeting the 
                performance needs and criteria established by the 
                Commandant;
                  (B) support expansion and upgrading of existing 
                canine training facilities operated by the department 
                in which the Coast Guard is operating; and
                  (C) as appropriate, partner with other Federal, 
                State, or local agencies, nonprofit organizations, 
                universities, or the private sector to increase the 
                breeding and training capacity for Coast Guard canine 
                detection teams.
  (c) Deployment.--The Secretary shall prioritize deployment of the 
additional canine teams to ports based on risk, consistent with the 
Security and Accountability For Every Port Act of 2006 (Public Law 109-
347).
  (d) Authorization.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary to carry out this section for 
fiscal years 2008 through 2012.

SEC. 1106. COAST GUARD PORT ASSISTANCE PROGRAM.

  (a) In General.--Section 70110 of title 46, United States Code, is 
amended by adding at the end the following:
  ``(f) Coast Guard Assistance Program.--
          ``(1) In general.--The Secretary may lend, lease, donate, or 
        otherwise provide equipment, and provide technical training and 
        support, to the owner or operator of a foreign port or 
        facility--
                  ``(A) to assist in bringing the port or facility into 
                compliance with applicable International Ship and Port 
                Facility Code standards;
                  ``(B) to assist the port or facility in meeting 
                standards established under section 70109A of this 
                chapter; and
                  ``(C) to assist the port or facility in exceeding the 
                standards described in subparagraphs (A) and (B).
          ``(2) Conditions.--The Secretary--
                  ``(A) shall provide such assistance based upon an 
                assessment of the risks to the security of the United 
                States and the inability of the owner or operator of 
                the port or facility otherwise to bring the port or 
                facility into compliance with those standards and to 
                maintain compliance with them;
                  ``(B) may not provide such assistance unless the port 
                or facility has been subjected to a comprehensive port 
                security assessment by the Coast Guard or a third party 
                entity certified by the Secretary under section 
                70110A(b) to validate foreign port or facility 
                compliance with International Ship and Port Facility 
                Code standards; and
                  ``(C) may only lend, lease, or otherwise provide 
                equipment that the Secretary has first determined is 
                not required by the Coast Guard for the performance of 
                its missions.''.
  (b) Safety and Security Assistance for Foreign Ports.--
          (1) In general.--Section 70110(e)(1) of title 46, United 
        States Code, is amended by striking the second sentence and 
        inserting the following: ``The Secretary shall establish a 
        strategic plan to utilize those assistance programs to assist 
        ports and facilities that are found by the Secretary under 
        subsection (a) not to maintain effective antiterrorism measures 
        in the implementation of port security antiterrorism 
        measures.''.
          (2) Conforming amendments.--
                  (A) Section 70110 of title 46, United States Code, is 
                amended--
                          (i) by inserting ``or facilities'' after 
                        ``ports'' in the section heading;
                          (ii) by inserting ``or facility'' after 
                        ``port'' each place it appears; and
                          (iii) by striking ``Ports'' in the heading 
                        for subsection (e) and inserting ``Ports, 
                        Facilities,''.
                  (B) The chapter analysis for chapter 701 of title 46, 
                United States Code, is amended by striking the item 
                relating to section 70110 and inserting the following:

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

SEC. 1107. MARITIME BIOMETRIC IDENTIFICATION.

  (a) In General.--Within one year after the date of the enactment of 
this Act, the Secretary of Homeland Security, acting through the 
Commandant of the Coast Guard, shall conduct, in the maritime 
environment, a program for the mobile biometric identification of 
suspected individuals, including terrorists, to enhance border security 
and for other purposes.
  (b) Requirements.--The Secretary shall ensure the program required in 
this section is coordinated with other biometric identification 
programs within the Department of Homeland Security.
  (c) Cost Analysis.--Within 90 days after the date of the enactment of 
this Act, the Secretary shall submit to the Committees on 
Appropriations and Homeland Security of the House of Representatives 
and the Committees on Appropriations and Homeland Security and 
Governmental Affairs of the Senate an analysis of the cost of expanding 
the Coast Guard's biometric identification capabilities for use by the 
Coast Guards Deployable Operations Group, cutters, stations, and other 
deployable maritime teams considered appropriate by the Secretary, and 
any other appropriate Department of Homeland Security maritime vessels 
and units. The analysis may include a tiered plan for the deployment of 
this program that gives priority to vessels and units more likely to 
encounter individuals suspected of making illegal border crossings 
through the maritime environment.
  (d) Definition.--For the purposes of this section, the term 
``biometric identification'' means use of fingerprint and digital 
photography images.

SEC. 1108. REVIEW OF POTENTIAL THREATS.

   Not later than 1 year after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report analyzing 
the threat, vulnerability, and consequence of a terrorist attack on 
gasoline and chemical cargo shipments in port activity areas in the 
United States.

SEC. 1109. PORT SECURITY PILOT.

   The Secretary of Homeland Security shall establish a pilot program 
to test and deploy preventive radiological or nuclear detection 
equipment on Coast Guard vessels and other locations in select port 
regions to enhance border security and for other purposes. The pilot 
program shall leverage existing Federal grant funding to support this 
program and the procurement of additional equipment.

SEC. 1110. SEASONAL WORKERS.

  (a) Study.--The Comptroller General of the United States shall 
conduct a study on the effects that the Transportation Worker 
Identification Card (in this section referred to as ``TWIC'') required 
by section 70105 of title 46, United States Code, has on companies that 
employ seasonal employees.
  (b) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit a report to the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate on the results of 
the study, including--
          (1) costs associated in requiring seasonal employees to 
        obtain TWIC cards on companies;
          (2) whether the Coast Guard and Transportation Security 
        Administration are processing TWIC applications quickly enough 
        for seasonal workers to obtain TWIC certification;
          (3) whether TWIC compliance costs or other factors have led 
        to a reduction in service;
          (3) the impact of TWIC on the recruiting and hiring of 
        seasonal and other temporary employees; and
          (4) an assessment of possible alternatives to TWIC 
        certification that may be used for seasonal employees including 
        any security vulnerabilities created by those alternatives.

SEC. 1111. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND FACILITY-
                    BASED LIQUEFIED NATURAL GAS REGASIFICATION 
                    PROCESSES.

  (a) In General.--Within 90 days after the date of enactment of this 
Act, the Secretary of Homeland Security, acting through the Commandant 
of the Coast Guard, shall enter into an arrangement for the performance 
of an independent study to conduct a comparative risk assessment 
examining the relative safety and security risk associated with vessel-
based and facility-based liquefied natural gas regasification processes 
conducted within 3 miles from land versus such processes conducted more 
than 3 miles from land.
  (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary Homeland Security, acting through the 
Commandant, shall provide a report on the findings and conclusions of 
the study required by this section to the Committees on Homeland 
Security, Transportation and Infrastructure, and Energy and Commerce of 
the House of Representatives, and the Committees on Homeland Security 
and Governmental Affairs and Commerce, Science, and Transportation of 
the Senate.

SEC. 1112. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME WORKERS.

  (a) In General.--Within 180 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall establish procedures 
providing for an individual who is required to be fingerprinted for 
purposes of obtaining a transportation security card under section 
70105 of title 46, United States Code, to be fingerprinted at any 
facility operated by or under contract with an agency of the Department 
of Homeland Security that fingerprints the public for the Department.
  (b) Expiration.--This section expires on December 31, 2012.

SEC. 1113. TRANSPORTATION SECURITY CARDS ON VESSELS.

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

SEC. 1114. INTERNATIONAL LABOR STUDY.

  The Comptroller General of the United States shall conduct a study of 
methods to conduct a background security investigation of an individual 
who possesses a biometric identification card that complies with 
International Labor Convention number 185 that are equivalent to the 
investigation conducted on individuals applying for a visa to enter the 
United States. The Comptroller General shall submit a report on the 
study within 180 days after the date of enactment of this Act to the 
Committee on Transportation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.

SEC. 1115. MARITIME SECURITY ADVISORY COMMITTEES.

   Section 70112 of title 46, United States Code, is amended--
          (1) by amending subsection (b)(5) to read as follows:
  ``(5)(A) The National Maritime Security Advisory Committee shall be 
composed of--
          ``(i) at least 1 individual who represents the interests of 
        the port authorities;
          ``(ii) at least 1 individual who represents the interests of 
        the facilities owners or operators;
          ``(iii) at least 1 individual who represents the interests of 
        the terminal owners or operators;
          ``(iv) at least 1 individual who represents the interests of 
        the vessel owners or operators;
          ``(v) at least 1 individual who represents the interests of 
        the maritime labor organizations;
          ``(vi) at least 1 individual who represents the interests of 
        the academic community;
          ``(vii) at least 1 individual who represents the interests of 
        State or local governments; and
          ``(viii) at least 1 individual who represents the interests 
        of the maritime industry.
  ``(B) Each Area Maritime Security Advisory Committee shall be 
composed of individuals who represents the interests of the port 
industry, terminal operators, port labor organizations, and other users 
of the port areas.''; and
          (2) in subsection (g)--
                  (A) in paragraph (1)(A), by striking ``2008;'' and 
                inserting ``2010;'';
                  (B) by repealing paragraph (2);
                  (C) by striking ``(1)''; and
                  (D) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2).

SEC. 1116. SEAMEN'S SHORESIDE ACCESS.

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

SEC. 1117. WATERSIDE SECURITY AROUND ESPECIALLY HAZARDOUS MATERIAL 
                    TERMINALS AND TANKERS.

  (a) Enforcement of Security Zones.--Consistent with other provisions 
of Federal law, any security zone established by the Coast Guard around 
a tanker containing an especially hazardous material shall be enforced 
by the Coast Guard. If the Coast Guard must enforce multiple 
simultaneous security zones, the Coast Guard shall allocate resources 
so as to deter to the maximum extent practicable a transportation 
security incident (as that term is defined in section 70101 of title 
46, United States Code).
  (b) Limitation on Reliance on State and Local Government.--Any 
security arrangement approved as part of a facility security plan 
approved after the date of enactment of this Act under section 70103 of 
title 46, United States Code, to assist in the enforcement of any 
security zone established by the Coast Guard around a tanker containing 
an especially hazardous material, or around an especially hazardous 
material terminal on or adjacent to the navigable waters of the United 
States and served by tankers carrying especially hazardous materials, 
may not be based upon the provision of security by a State or local 
government unless the State or local government has entered into a 
contract, cooperative agreement, or other arrangement with the terminal 
operator to provide such services and the Secretary of the department 
in which the Coast Guard is operating, acting through the Commandant of 
the Coast Guard, ensures that the waterborne patrols operated as part 
of that security arrangement by a State or local government have the 
training, resources, personnel, equipment, and experience necessary to 
deter to the maximum extent practicable a transportation security 
incident (as that term is defined in section 70101 of title 46, United 
States Code).
  (c) Determination Required for New Terminals.--The Secretary of the 
department in which the Coast Guard is operating, acting through the 
Commandant of the Coast Guard, may not approve a facility security plan 
under section 70103 of title 46, United States Code, for a new 
especially hazardous material terminal the construction of which is 
begun after the date of enactment of this Act unless the Secretary 
determines that the Coast Guard sector in which the terminal is located 
has available the resources, including State and local government 
resources in accordance with subsection (b), to carry out the 
navigation and maritime security risk management measures identified by 
the Coast Guard pursuant to the Ports and Waterways Safety Act.
  (d) Especially Hazardous Material Defined.--The term ``especially 
hazardous material'' means anhydrous ammonia, ammonium nitrate, 
chlorine, liquefied natural gas, liquefied petroleum gas, and any other 
substance identified by the Secretary of the department in which the 
Coast Guard is operating as an especially hazardous material.

SEC. 1118. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

  (a) Notice of Determination.--Consistent with other provisions of 
law, the Secretary of Homeland Security must notify the Federal Energy 
Regulatory Commission when a determination is made that the waterway to 
a proposed waterside liquefied natural gas facility is suitable or 
unsuitable for the marine traffic associated with such facility.
  (b) Federal Energy Regulatory Commission Response.--The Federal 
Energy Regulatory Commission shall respond to the Secretary's 
determination under subsection (a) by informing the Secretary within 90 
days of notification or at the conclusion of any available appeal 
process, whichever is later, of what action the Commission has taken, 
pursuant to its authorities under the Natural Gas Act, regarding a 
proposal to construct and operate a waterside liquefied natural gas 
facility subject to a determination made under subsection (a).

SEC. 1119. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY 
                    CARDS.

  The Secretary of Homeland Security may use a secondary authentication 
system for individuals applying for transportation security cards when 
fingerprints are not able to be taken or read to enhance transportation 
security.

SEC. 1120. REPORT ON STATE AND LOCAL LAW ENFORCEMENT AUGMENTATION OF 
                    COAST GUARD RESOURCES WITH RESPECT TO SECURITY 
                    ZONES AND UNITED STATES PORTS.

  Not later than 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
submit to the Committees on Transportation and Infrastructure and 
Homeland Security of the House of Representatives and the Committees on 
Commerce, Science, and Transportation and Homeland Security and 
Governmental Affairs of the Senate a report on the extent to which 
State and local law enforcement entities are augmenting Coast Guard 
resources by enforcing Coast Guard-imposed security zones around 
vessels transiting to, through, or from United States ports and 
conducting port security patrols. At a minimum, the report shall 
specify-
          (1) the number of ports in which State and local law 
        enforcement entities are providing any services to enforce 
        Coast Guard-imposed security zones around vessels transiting 
        to, through, or from United States ports or to conduct security 
        patrols in United States ports;
          (2) the number of formal agreements entered into between the 
        Coast Guard and State and local law enforcement entities to 
        engage State and local law enforcement entities in the 
        enforcement of Coast Guard-imposed security zones around 
        vessels transiting to, through, or from United States ports or 
        the conduct of port security patrols in United States ports, 
        the duration of those agreements, and the aid that State and 
        local entities are engaged to provided through these 
        agreements;
          (3) the extent to which the Coast Guard has set national 
        standards for training, equipment, and resources to ensure that 
        State and local law enforcement entities engaged in enforcing 
        Coast Guard-imposed security zones around vessels transiting 
        to, through, or from United States ports or in conducting port 
        security patrols in United States ports (or both) can deter to 
        the maximum extent practicable a transportation security 
        incident (as that term is defined in section 70101 of title 46, 
        United States Code);
          (4) the extent to which the Coast Guard has assessed the 
        ability of State and local law enforcement entities to carry 
        out the security assignments which they have been engaged to 
        perform, including their ability to meet any national standards 
        for training, equipment, and resources that have been 
        established by the Coast Guard in order to ensure that these 
        entities can deter to the maximum extent practicable a 
        transportation security incident (as that term is defined in 
        section 70101 of title 46, United States Code);
          (5) the extent to which State and local law enforcement 
        entities are able to meet national standards for training, 
        equipment, and resources established by the Coast Guard to 
        ensure that those entities can deter to the maximum extent 
        practicable a transportation security incident (as that term is 
        defined in section 70101 of title 46, United States Code);
          (6) the differences in law enforcement authority, and 
        particularly boarding authority, between the Coast Guard and 
        State and local law enforcement entities, and the impact that 
        these differences have on the ability of State and local law 
        enforcement entities to provide the same level of security that 
        the Coast Guard provides during the enforcement of Coast Guard-
        imposed security zones and the conduct of security patrols in 
        United States ports; and
          (7) the extent of resource, training, and equipment 
        differences between State and local law enforcement entities 
        and the Coast Guard units engaged in enforcing Coast Guard-
        imposed security zones around vessels transiting to, through, 
        or from United States ports or conducting security patrols in 
        United States ports.

SEC. 1121. ASSESSMENT OF TRANSPORTATION SECURITY CARD ENROLLMENT SITES.

  (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall prepare 
an assessment of the enrollment sites for transportation security cards 
issued under section 70105 of title 46, United States Code, including--
          (1) the feasibility of keeping those enrollment sites open 
        after September 23, 2009; and
          (2) the quality of customer service, including the periods of 
        time individuals are kept on hold on the telephone, whether 
        appointments are kept, and processing times for applications.
  (b) Timelines and Benchmarks.--The Secretary shall develop timelines 
and benchmarks for implementing the findings of the assessment as the 
Secretary deems necessary.

                       TITLE XII--ALIEN SMUGGLING

SEC. 1201. SHORT TITLE.

  This title may be cited as the ``Alien Smuggling and Terrorism 
Prevention Act of 2009''.

SEC. 1202. FINDINGS.

  The Congress makes the following findings:
          (1) Alien smuggling by land, air and sea is a transnational 
        crime that violates the integrity of United States borders, 
        compromises our Nation's sovereignty, places the country at 
        risk of terrorist activity, and contravenes the rule of law.
          (2) Aggressive enforcement activity against alien smuggling 
        is needed to protect our borders and ensure the security of our 
        Nation. The border security and anti-smuggling efforts of the 
        men and women on the Nation's front line of defense are to be 
        commended. Special recognition is due the Department of 
        Homeland Security through the United States Border Patrol, 
        United States Coast Guard, Customs and Border Protection, and 
        Immigration and Customs Enforcement, and the Department of 
        Justice through the Federal Bureau of Investigation.
          (3) The law enforcement community must be given the statutory 
        tools necessary to address this security threat. Only through 
        effective alien smuggling statutes can the Justice Department, 
        through the United States Attorneys' Offices and the Domestic 
        Security Section of the Criminal Division, prosecute these 
        cases successfully.
          (4) Alien smuggling has a destabilizing effect on border 
        communities. State and local law enforcement, medical 
        personnel, social service providers, and the faith community 
        play important roles in combating smuggling and responding to 
        its effects.
          (5) Existing penalties for alien smuggling are insufficient 
        to provide appropriate punishment for alien smugglers.
          (6) Existing alien smuggling laws often fail to reach the 
        conduct of alien smugglers, transporters, recruiters, guides, 
        and boat captains.
          (7) Existing laws concerning failure to heave to are 
        insufficient to appropriately punish boat operators and crew 
        who engage in the reckless transportation of aliens on the high 
        seas and seek to evade capture.
          (8) Much of the conduct in alien smuggling rings occurs 
        outside of the United States. Extraterritorial jurisdiction is 
        needed to ensure that smuggling rings can be brought to justice 
        for recruiting, sending, and facilitating the movement of those 
        who seek to enter the United States without lawful authority.
          (9) Alien smuggling can include unsafe or recklessly 
        dangerous conditions that expose individuals to particularly 
        high risk of injury or death.

SEC. 1203. CHECKS AGAINST TERRORIST WATCHLIST.

  The Secretary of Homeland Security shall, to the extent practicable, 
check against all available terrorist watchlists those persons 
suspected of alien smuggling and smuggled individuals who are 
interdicted at the land, air, and sea borders of the United States.

SEC. 1204. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS.

  Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
          (1) by amending the subsection heading to read as follows: 
        ``Bringing In, Harboring, and Smuggling of Unlawful and 
        Terrorist Aliens.--'';
          (2) by amending paragraphs (1) through (2) to read as 
        follows:
  ``(1)(A) Whoever, knowing or in reckless disregard of the fact that 
an individual is an alien who lacks lawful authority to come to, enter, 
or reside in the United States, knowingly--
          ``(i) brings that individual to the United States in any 
        manner whatsoever regardless of any future official action 
        which may be taken with respect to such individual;
          ``(ii) recruits, encourages, or induces that individual to 
        come to, enter, or reside in the United States;
          ``(iii) transports or moves that individual in the United 
        States, in furtherance of their unlawful presence; or
          ``(iv) harbors, conceals, or shields from detection the 
        individual in any place in the United States, including any 
        building or any means of transportation;
or attempts or conspires to do so, shall be punished as provided in 
subparagraph (C).
  ``(B) Whoever, knowing that an individual is an alien, brings that 
individual to the United States in any manner whatsoever at a place, 
other than a designated port of entry or place designated by the 
Secretary of Homeland Security, regardless of whether such individual 
has received prior official authorization to come to, enter, or reside 
in the United States and regardless of any future official action which 
may be taken with respect to such individual, or attempts or conspires 
to do so, shall be punished as provided in subparagraph (C).
  ``(C) Whoever commits an offense under this paragraph shall, for each 
individual in respect to whom such a violation occurs--
          ``(i) if the offense results in the death of any person, be 
        fined under title 18, United States Code, and subject to the 
        penalty of death or imprisonment for any term of years or for 
        life;
          ``(ii) if the offense involves kidnapping, an attempt to 
        kidnap, the conduct required for aggravated sexual abuse (as 
        defined in section 2241 of title 18, United States Code, 
        without regard to where it takes place), or an attempt to 
        commit such abuse, or an attempt to kill, be fined under title 
        18, United States Code, or imprisoned for any term of years or 
        life, or both;
          ``(iii) if the offense involves an individual who the 
        defendant knew was engaged in or intended to engage in 
        terrorist activity (as defined in section 212(a)(3)(B)), be 
        fined under title 18, United States Code, or imprisoned not 
        more than 30 years, or both;
          ``(iv) if the offense results in serious bodily injury (as 
        defined in section 1365 of title 18, United States Code) or 
        places in jeopardy the life of any person, be fined under title 
        18, United States Code, or imprisoned not more than 20 years, 
        or both;
          ``(v) if the offense is a violation of paragraph (1)(A)(i) 
        and was committed for the purpose of profit, commercial 
        advantage, or private financial gain, or if the offense was 
        committed with the intent or reason to believe that the 
        individual unlawfully brought into the United States will 
        commit an offense against the United States or any State that 
        is punishable by imprisonment for more than 1 year, be fined 
        under title 18, United States Code, and imprisoned, in the case 
        of a first or second violation, not less than 3 nor more than 
        10 years, and for any other violation, not less than 5 nor more 
        than 15 years;
          ``(vi) if the offense is a violation of paragraphs 
        (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was 
        committed for the purpose of profit, commercial advantage, or 
        private financial gain, be fined under title 18, United States 
        Code, or imprisoned not more than 10 years, or both;
          ``(vii) if the offense involves the transit of the 
        defendant's spouse, child, sibling, parent, grandparent, or 
        niece or nephew, and the offense is not described in any of 
        clauses (i) through (vi), be fined under title 18, United 
        States Code, or imprisoned not more than 1 year, or both; and
          ``(viii) in any other case, be fined under title 18, United 
        States Code, or imprisoned not more than 5 years, or both.
  ``(2)(A) There is extraterritorial jurisdiction over the offenses 
described in paragraph (1).
  ``(B) In a prosecution for a violation of, or an attempt or 
conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or 
(a)(1)(B), that occurs on the high seas, no defense based on necessity 
can be raised unless the defendant--
          ``(i) as soon as practicable, reported to the Coast Guard the 
        circumstances of the necessity, and if a rescue is claimed, the 
        name, description, registry number, and location of the vessel 
        engaging in the rescue; and
          ``(ii) did not bring, attempt to bring, or in any manner 
        intentionally facilitate the entry of any alien into the land 
        territory of the United States without lawful authority, unless 
        exigent circumstances existed that placed the life of that 
        alien in danger, in which case the reporting requirement set 
        forth in clause (i) is satisfied by notifying the Coast Guard 
        as soon as practicable after delivering the alien to emergency 
        medical or law enforcement personnel ashore.
  ``(C) It is not a violation of, or an attempt or conspiracy to 
violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph 
(1)(A)(ii) (except if a person recruits, encourages, or induces an 
alien to come to or enter the United States), for a religious 
denomination having a bona fide nonprofit, religious organization in 
the United States, or the agents or officer of such denomination or 
organization, to encourage, invite, call, allow, or enable an alien who 
is present in the United States to perform the vocation of a minister 
or missionary for the denomination or organization in the United States 
as a volunteer who is not compensated as an employee, notwithstanding 
the provision of room, board, travel, medical assistance, and other 
basic living expenses, provided the minister or missionary has been a 
member of the denomination for at least one year.
  ``(D) For purposes of this paragraph and paragraph (1)--
          ``(i) the term `United States' means the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        American Samoa, the United States Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States; and
          ``(ii) the term `lawful authority' means permission, 
        authorization, or waiver that is expressly provided for in the 
        immigration laws of the United States or the regulations 
        prescribed under those laws and does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law or authority that has been sought but not approved.''.

SEC. 1205. MARITIME LAW ENFORCEMENT.

  (a) Penalties.--Subsection (b) of section 2237 of title 18, United 
States Code, is amended to read as follows:
  ``(b) Whoever intentionally violates this section shall--
          ``(1) if the offense results in death or involves kidnapping, 
        an attempt to kidnap, the conduct required for aggravated 
        sexual abuse (as defined in section 2241 without regard to 
        where it takes place), or an attempt to commit such abuse, or 
        an attempt to kill, be fined under such title or imprisoned for 
        any term of years or life, or both;
          ``(2) if the offense results in serious bodily injury (as 
        defined in section 1365 of this title) or transportation under 
        inhumane conditions, be fined under this title, imprisoned not 
        more than 15 years, or both;
          ``(3) if the offense is committed in the course of a 
        violation of section 274 of the Immigration and Nationality Act 
        (alien smuggling); chapter 77 (peonage, slavery, and 
        trafficking in persons), section 111 (shipping), 111A 
        (interference with vessels), 113 (stolen property), or 117 
        (transportation for illegal sexual activity) of this title; 
        chapter 705 (maritime drug law enforcement) of title 46, or 
        title II of the Act of June 15, 1917 (Chapter 30; 40 Stat. 
        220), be fined under this title or imprisoned for not more than 
        10 years, or both; and
          ``(4) in any other case, be fined under this title or 
        imprisoned for not more than 5 years, or both.''.
  (b) Limitation on Necessity Defense.--Section 2237(c) of title 18, 
United States Code, is amended--
          (1) by inserting ``(1)'' after ``(c)'';
          (2) by adding at the end the following:
  ``(2) In a prosecution for a violation of this section, no defense 
based on necessity can be raised unless the defendant--
          ``(A) as soon as practicable upon reaching shore, delivered 
        the person with respect to which the necessity arose to 
        emergency medical or law enforcement personnel;
          ``(B) as soon as practicable, reported to the Coast Guard the 
        circumstances of the necessity resulting giving rise to the 
        defense; and
          ``(C) did not bring, attempt to bring, or in any manner 
        intentionally facilitate the entry of any alien, as that term 
        is defined in section 101(a)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101 (a)(3)), into the land territory 
        of the United States without lawful authority, unless exigent 
        circumstances existed that placed the life of that alien in 
        danger, in which case the reporting requirement of subparagraph 
        (B) is satisfied by notifying the Coast Guard as soon as 
        practicable after delivering that person to emergency medical 
        or law enforcement personnel ashore.''.
  (c) Definition.--Section 2237(e) of title 18, United States Code, is 
amended--
          (1) by striking ``and'' at the end of paragraph (3);
          (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(5) the term `transportation under inhumane conditions' 
        means the transportation of persons in an engine compartment, 
        storage compartment, or other confined space, transportation at 
        an excessive speed, transportation of a number of persons in 
        excess of the rated capacity of the means of transportation, or 
        intentionally grounding a vessel in which persons are being 
        transported.''.

SEC. 1206. AMENDMENT TO THE SENTENCING GUIDELINES.

  (a) In General.--Pursuant to its authority under section 994 of title 
28, United States Code, and in accordance with this section, the United 
States Sentencing Commission shall review and, if appropriate, amend 
the sentencing guidelines and policy statements applicable to persons 
convicted of alien smuggling offenses and criminal failure to heave to 
or obstruction of boarding.
  (b) Considerations.--In carrying out this section, the Sentencing 
Commission, shall--
          (1) consider providing sentencing enhancements or stiffening 
        existing enhancements for those convicted of offenses described 
        in subsection (a) that--
                  (A) involve a pattern of continued and flagrant 
                violations;
                  (B) are part of an ongoing commercial organization or 
                enterprise;
                  (C) involve aliens who were transported in groups of 
                10 or more;
                  (D) involve the transportation or abandonment of 
                aliens in a manner that endangered their lives; or
                  (E) involve the facilitation of terrorist activity; 
                and
          (2) consider cross-references to the guidelines for Criminal 
        Sexual Abuse and Attempted Murder.
  (c) Expedited Procedures.--The Commission may promulgate the 
guidelines or amendments under this section in accordance with the 
procedures set forth in section 21(a) of the Sentencing Act of 1987, as 
though the authority under that Act had not expired.

                  TITLE XIII--MISCELLANEOUS PROVISIONS

SEC. 1301. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY.

  Section 1120(c) of the Coast Guard Authorization Act of 1996 (110 
Stat. 3977) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``of Transportation'' and inserting 
                ``of the department in which the Coast Guard is 
                operating''; and
                  (B) by striking subparagraph (A) and inserting the 
                following:
                  ``(A) the vessel GALLANT LADY (Feadship hull number 
                672, approximately 168 feet in length).'';
          (2) by striking paragraphs (3) and (4) and redesignating 
        paragraph (5) as paragraph (3); and
          (3) in paragraph (3) (as so redesignated) by striking all 
        after ``shall expire'' and inserting ``on the date of the sale 
        of the vessel by the owner.''.

SEC. 1302. WAIVERS.

  Notwithstanding section 12112 and chapter 551 of title 46, United 
States Code, the Secretary of the department in which the Coast Guard 
is operating may issue a certificate of documentation with a coastwise 
endorsement for the following vessels:
          (1) OCEAN VERITAS (IMO Number 7366805).
          (2) MAYA (United States official number 11073).
          (3) ZIPPER (State of New York regulation number NY3205EB).
          (4) GULF DIVER IV (United States official number 553457).
          (5) M/V GEYSIR (United States official number 622178).

SEC. 1303. GREAT LAKES MARITIME RESEARCH INSTITUTE.

  Section 605 of the Coast Guard and Maritime Transportation Act of 
2004 (118 Stat. 1052) is amended--
          (1) in subsection (b)(1)--
                  (A) by striking ``The Secretary of Transportation 
                shall conduct a study that'' and inserting ``The 
                Institute shall conduct maritime transportation studies 
                of the Great Lakes region, including studies that'';
                  (B) in subparagraphs (A), (B), (C), (E), (F), (H), 
                (I), and (J) by striking ``evaluates'' and inserting 
                ``evaluate'';
                  (C) in subparagraphs (D) and (G) by striking 
                ``analyzes'' and inserting ``analyze'';
                  (D) by striking ``and'' at the end of subparagraph 
                (I);
                  (E) by striking the period at the end of subparagraph 
                (J) and inserting a semicolon;
                  (F) by adding at the end the following:
                  ``(K) identify ways to improve the integration of the 
                Great Lakes marine transportation system into the 
                national transportation system;
                  ``(L) examine the potential of expanded operations on 
                the Great Lakes marine transportation system;
                  ``(M) identify ways to include intelligent 
                transportation applications into the Great Lakes marine 
                transportation system;
                  ``(N) analyze the effects and impacts of aging 
                infrastructure and port corrosion on the Great Lakes 
                marine transportation system;
                  ``(O) establish and maintain a model Great Lakes 
                marine transportation system database; and
                  ``(P) identify market opportunities for, and 
                impediments to, the use of United States-flag vessels 
                in trade with Canada on the Great Lakes.''; and
          (2) by striking subsection (b)(4) and inserting the 
        following:
          ``(4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out paragraph (1)--
                  ``(A) $2,400,000 for fiscal year 2010;
                  ``(B) $2,500,000 for fiscal year 2011;
                  ``(C) $2,600,000 for fiscal year 2012; and
                  ``(D) $2,700,000 for fiscal year 2013.''.

SEC. 1304. CONVEYANCE OF COAST GUARD BOAT HOUSE, NANTUCKET, 
                    MASSACHUSETTS.

  (a) Station Brant Point Boat House.--
          (1) Requirement.--The Secretary of the department in which 
        the Coast Guard is operating shall convey to the town of 
        Nantucket, Massachusetts, all right, title, and interest of the 
        United States in and to the buildings known as the Station 
        Brant Point Boat House located at Coast Guard Station Brant 
        Point, Nantucket, Massachusetts, for use for a public purpose.
          (2) Terms of conveyance.--A conveyance of the building under 
        paragraph (1) shall be made--
                  (A) without the payment of consideration; and
                  (B) subject to appropriate terms and conditions the 
                Secretary considers necessary.
          (3) Reversionary interest.--All right, title, and interest in 
        property conveyed under this subsection shall revert to the 
        United States if any portion of the property is used other than 
        for a public purpose.
  (b) Lease.--
          (1) Requirement.--The Secretary of the department in which 
        the Coast Guard is operating shall enter into a lease with the 
        town of Nantucket that authorizes the town of Nantucket to 
        occupy the land on which the buildings conveyed under 
        subsection (a) are located, subject to appropriate terms and 
        conditions the Secretary considers necessary.
          (2) Lease term.--A lease under this subsection shall not 
        expire before January 31, 2033.
          (3) Termination of lease.--If the Secretary determines that 
        the property leased under paragraph (1) is necessary for 
        purposes of the Coast Guard, the Secretary--
                  (A) may terminate the lease without payment of 
                compensation; and
                  (B) shall provide the town of Nantucket not less than 
                12 months notice of the requirement to vacate the site 
                and move the buildings conveyed under subsection (a) to 
                another location.

SEC. 1305. CREW WAGES ON PASSENGER VESSELS.

  (a) Foreign and Intercoastal Voyages.--
          (1) Cap on penalty wages.--Section 10313(g) of title 46, 
        United States Code, is amended--
                  (A) by striking ``When'' and inserting ``(1) Subject 
                to paragraph (2), when''; and
                  (B) by adding at the end the following:
  ``(2) The total amount required to be paid under paragraph (1) with 
respect to all claims in a class action suit by seamen on a passenger 
vessel capable of carrying more than 500 passengers for wages under 
this section against a vessel master, owner, or operator or the 
employer of the seamen shall not exceed ten times the unpaid wages that 
are the subject of the claims.
  ``(3) A class action suit for wages under this subsection must be 
commenced within three years after the later of--
          ``(A) the date of the end of the last voyage for which the 
        wages are claimed; or
          ``(B) the receipt, by a seaman who is a claimant in the suit, 
        of a payment of wages that are the subject of the suit that is 
        made in the ordinary course of employment.''.
          (2) Deposits.--Section 10315 of such title is amended by 
        adding at the end the following:
  ``(f) Deposits in Seaman Account.--By written request signed by the 
seaman, a seaman employed on a passenger vessel capable of carrying 
more than 500 passengers may authorize the master, owner, or operator 
of the vessel, or the employer of the seaman, to make deposits of wages 
of the seaman into a checking, savings, investment, or retirement 
account, or other account to secure a payroll or debit card for the 
seaman if--
          ``(1) the wages designated by the seaman for such deposit are 
        deposited in a United States or international financial 
        institution designated by the seaman;
          ``(2) such deposits in the financial institution are fully 
        guaranteed under commonly accepted international standards by 
        the government of the country in which the financial 
        institution is licensed;
          ``(3) a written wage statement or pay stub, including an 
        accounting of any direct deposit, is delivered to the seaman no 
        less often than monthly; and
          ``(4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal of all 
        funds on deposit in the account in which the wages are 
        deposited.''.
  (b) Coastwise Voyages.--
          (1) Cap on penalty wages.--Section 10504(c) of such title is 
        amended--
                  (A) by striking ``When'' and inserting ``(1) Subject 
                to subsection (d), and except as provided in paragraph 
                (2), when''; and
                  (B) by inserting at the end the following:
  ``(2) The total amount required to be paid under paragraph (1) with 
respect to all claims in a class action suit by seamen on a passenger 
vessel capable of carrying more than 500 passengers for wages under 
this section against a vessel master, owner, or operator or the 
employer of the seamen shall not exceed ten times the unpaid wages that 
are the subject of the claims.
  ``(3) A class action suit for wages under this subsection must be 
commenced within three years after the later of--
          ``(A) the date of the end of the last voyage for which the 
        wages are claimed; or
          ``(B) the receipt, by a seaman who is a claimant in the suit, 
        of a payment of wages that are the subject of the suit that is 
        made in the ordinary course of employment.''.
          (2) Deposits.--Section 10504 of such title is amended by 
        adding at the end the following:
  ``(f) Deposits in Seaman Account.--On written request signed by the 
seaman, a seaman employed on a passenger vessel capable of carrying 
more than 500 passengers may authorize, the master, owner, or operator 
of the vessel, or the employer of the seaman, to make deposits of wages 
of the seaman into a checking, savings, investment, or retirement 
account, or other account to secure a payroll or debit card for the 
seaman if--
          ``(1) the wages designated by the seaman for such deposit are 
        deposited in a United States or international financial 
        institution designated by the seaman;
          ``(2) such deposits in the financial institution are fully 
        guaranteed under commonly accepted international standards by 
        the government of the country in which the financial 
        institution is licensed;
          ``(3) a written wage statement or pay stub, including an 
        accounting of any direct deposit, is delivered to the seaman no 
        less often than monthly; and
          ``(4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal of all 
        funds on deposit in the account in which the wages are 
        deposited.''.

SEC. 1306. TECHNICAL CORRECTIONS.

  (a) Coast Guard and Maritime Transportation Act of 2006.--Effective 
with enactment of the Coast Guard and Maritime Transportation Act of 
2006 (Public Law 109-241), such Act is amended--
          (1) in section 311(b) (120 Stat. 530) by inserting 
        ``paragraphs (1) and (2) of'' before ``section 8104(o)'';
          (2) in section 603(a)(2) (120 Stat. 554) by striking ``33 
        U.S.C. 2794(a)(2)'' and inserting ``33 U.S.C. 2704(a)(2)'';
          (3) in section 901(r)(2) (120 Stat. 566) by striking ``the'' 
        the second place it appears;
          (4) in section 902(c) (120 Stat. 566) by inserting ``of the 
        United States'' after ``Revised Statutes'';
          (5) in section 902(e) (120 Stat. 567) is amended--
                  (A) by inserting ``and'' after the semicolon at the 
                end of paragraph (1);
                  (B) by striking ``and'' at the end of paragraph 
                (2)(A); and
                  (C) by redesignating paragraphs (3) and (4) as 
                subparagraphs (C) and (D) of paragraph (2), 
                respectively, and aligning the left margin of such 
                subparagraphs with the left margin of subparagraph (A) 
                of paragraph (2);
          (6) in section 902(e)(2)(C) (as so redesignated) by striking 
        ``this section'' and inserting ``this paragraph'';
          (7) in section 902(e)(2)(D) (as so redesignated) by striking 
        ``this section'' and inserting ``this paragraph'';
          (8) in section 902(h)(1) (120 Stat. 567)--
                  (A) by striking ``Bisti/De-Na-Zin'' and all that 
                follows through ``Protection'' and inserting ``Omnibus 
                Parks and Public Lands Management''; and
                  (B) by inserting a period after ``Commandant of the 
                Coast Guard''; and
          (9) in section 902(k) (120 Stat. 568) is amended--
                  (A) by inserting ``the Act of March 23, 1906, 
                commonly known as'' before ``the General Bridge'';
                  (B) by striking ``491)'' and inserting ``494),''; and
                  (C) by inserting ``each place it appears'' before 
                ``and inserting''.
  (b) Title 14.--
          (1) The analysis for chapter 7 of title 14, United States 
        Code, is amended by adding a period at the end of the item 
        relating to section 149.
          (2) The analysis for chapter 17 of title 14, United States 
        Code, is amended by adding a period at the end of the item 
        relating to section 677.
          (3) The analysis for chapter 9 of title 14, United States 
        Code, is amended by adding a period at the end of the item 
        relating to section 198.
  (c) Title 46.--
          (1) The analysis for chapter 81 of title 46, United States 
        Code, is amended by adding a period at the end of the item 
        relating to section 8106.
          (2) Section 70105(c)(3)(C) of such title is amended by 
        striking ``National Intelligence Director'' and inserting 
        ``Director of National Intelligence''.
  (d) Deepwater Port Act of 1974.--Section 5(c)(2) of the Deepwater 
Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by aligning the left 
margin of subparagraph (K) with the left margin of subparagraph (L).
  (e) Oil Pollution Act of 1990.--
          (1) Section 1004(a)(2) of the Oil Pollution Act of 1990 (33 
        U.S.C. 2704(a)(2)) is amended by striking the first comma 
        following ``$800,000''.
          (2) The table of sections in section 2 of such Act is amended 
        by inserting a period at the end of the item relating to 
        section 7002.
  (f) Coast Guard Authorization Act of 1996.--The table of sections in 
section 2 of the Coast Guard Authorization Act of 1996 is amended in 
the item relating to section 103 by striking ``reports'' and inserting 
``report''.

SEC. 1307. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER STORIS.

  (a) In General.--Upon the scheduled decommissioning of the Coast 
Guard Cutter STORIS, the Commandant of the Coast Guard shall convey, 
without consideration, all right, title, and interest of the United 
States in and to that vessel to the USCG Cutter STORIS Museum and 
Maritime Education Center, LLC, located in the State of Alaska if the 
recipient--
          (1) agrees--
                  (A) to use the vessel for purposes of a museum and 
                historical display;
                  (B) not to use the vessel for commercial 
                transportation purposes;
                  (C) to make the vessel available to the United States 
                Government if needed for use by the Commandant in time 
                of war or a national emergency; and
                  (D) to hold the Government harmless for any claims 
                arising from exposure to hazardous materials, including 
                asbestos and polychlorinated biphenyls, after 
                conveyance of the vessel, except for claims arising 
                from the use by the Government under subparagraph (C);
          (2) has funds available that will be committed to operate and 
        maintain in good working condition the vessel conveyed, in the 
        form of cash, liquid assets, or a written loan commitment and 
        in an amount of at least $700,000; and
          (3) agrees to any other conditions the Commandant considers 
        appropriate.
  (b) Maintenance and Delivery of Vessel.--
          (1) Maintenance.--Before conveyance of the vessel under this 
        section, the Commandant shall make, to the extent practical and 
        subject to other Coast Guard mission requirements, every effort 
        to maintain the integrity of the vessel and its equipment until 
        the time of delivery.
          (2) Delivery.--If a conveyance is made under this section, 
        the Commandant shall deliver the vessel to a suitable mooring 
        in the local area in its present condition.
          (3) Treatment of conveyance.--The conveyance of the vessel 
        under this section shall not be considered a distribution in 
        commerce for purposes of section 6(e) of Public Law 94-469 (15 
        U.S.C. 2605(e)).
  (c) Other Excess Equipment.--The Commandant may convey to the 
recipient of a conveyance under subsection (a) any excess equipment or 
parts from other decommissioned Coast Guard vessels for use to enhance 
the operability and function of the vessel conveyed under subsection 
(a) for purposes of a museum and historical display.

SEC. 1308. CONVEYANCE OF COAST GUARD HU-25 FALCON JET AIRCRAFT.

  (a) Authority To Convey.--Notwithstanding any other law, the 
Commandant of the Coast Guard may convey to the Elizabeth City State 
University (in this section referred to as the ``University''), a 
public university located in the State of North Carolina, without 
consideration all right, title, and interest of the United States in an 
HU-25 Falcon Jet aircraft under the administrative jurisdiction of the 
Coast Guard that the Commandant determines--
          (1) is appropriate for use by the University; and
          (2) is excess to the needs of the Coast Guard.
  (b) Conditions.--
          (1) In general.--As a condition of conveying an aircraft to 
        the University under subsection (a), the Commandant shall enter 
        into an agreement with the University under which the 
        University agrees--
                  (A) to utilize the aircraft for educational purposes 
                or other public purposes as jointly agreed upon by the 
                Commandant and the University before conveyance; and
                  (B) to hold the United States harmless for any claim 
                arising with respect to the aircraft after conveyance 
                of the aircraft.
          (2) Reversionary interest.--If the Commandant determines that 
        the recipient violated subparagraph (A) or (B) of paragraph 
        (1), then--
                  (A) all right, title, and interest in the aircraft 
                shall revert to the United States;
                  (B) the United States shall have the right to 
                immediate possession of the aircraft; and
                  (C) the recipient shall pay the United States for its 
                costs incurred in recovering the aircraft for such 
                violation.
  (c) Limitation on Future Transfers.--
          (1) In general.--The Commandant shall include in the 
        instruments for the conveyance a requirement that any further 
        conveyance of an interest in the aircraft may not be made 
        without the approval in advance of the Commandant.
          (2) Reversionary interest.--If the Commandant determines that 
        an interest in the aircraft was conveyed without such approval, 
        then--
                  (A) all right, title, and interest in the aircraft 
                shall revert to the United States;
                  (B) the United States shall have the right to 
                immediate possession of the aircraft; and
                  (C) the recipient shall pay the United States for its 
                costs incurred in recovering the aircraft for such a 
                violation.
  (d) Delivery of Aircraft.--The Commandant shall deliver the aircraft 
conveyed under subsection (a)--
          (1) at the place where the aircraft is located on the date of 
        the conveyance;
          (2) in its condition on the date of conveyance; and
          (3) without cost to the United States.
  (e) Additional Terms and Conditions.--The Commandant may require such 
additional terms and conditions in connection with the conveyance 
required by subsection (a) as the Commandant considers appropriate to 
protect the interests of the United States.

SEC. 1309. DECOMMISSIONED COAST GUARD VESSELS FOR HAITI.

  (a) In General.--Notwithstanding any other law, upon the scheduled 
decommissioning of any Coast Guard 41-foot patrol boat, the Commandant 
of the Coast Guard shall give the Government of Haiti a right-of-first-
refusal for conveyance of that vessel to the Government of Haiti, if 
that Government of Haiti agrees--
          (1) to use the vessel for the Coast Guard of Haiti;
          (2) to make the vessel available to the United States 
        Government if needed for use by the Commandant in time of war 
        or national emergency;
          (3) to hold the United States Government harmless for any 
        claims arising from exposure to hazardous materials, including 
        asbestos and polychlorinated biphenyls, after conveyance of the 
        vessel, except for claims arising from the use by the United 
        States Government under paragraph (2); and
          (4) to any other conditions the Commandant considers 
        appropriate.
  (b) Limitation.--The Commandant may not convey more than 10 vessels 
to the Government of Haiti pursuant to this section.
  (c) Maintenance and Delivery of Vessel.--
          (1) Maintenance.--Before conveyance of a vessel under this 
        section, the Commandant shall make, to the extent practical and 
        subject to other Coast Guard mission requirements, every effort 
        to maintain the integrity of the vessel and its equipment until 
        the time of delivery.
          (2) Delivery.--If a conveyance is made under this section, 
        the Commandant shall deliver a vessel to a suitable mooring in 
        the local area in its present condition.
          (3) Treatment of conveyance.--The conveyance of a vessel 
        under this section shall not be considered a distribution in 
        commerce for purposes of section 6(e) of Public Law 94-469 (15 
        U.S.C. 2605(e)).

SEC. 1310. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

  (a) In General.--Notwithstanding section 12111(d) of title 46, United 
States Code, foreign-flag vessels may be chartered by, or on behalf of, 
a lessee to be employed for the setting, relocation, or recovery of 
anchors or other mooring equipment of a mobile offshore drilling unit 
that is located over the Outer Continental Shelf (as defined in section 
2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)) for 
operations in support of exploration, or flow-testing and stimulation 
of wells, for offshore mineral or energy resources in the Beaufort Sea 
or the Chukchi Sea adjacent to Alaska--
          (1) for a 1-year period from the date the lessee gives the 
        Secretary of Transportation written notice of the commencement 
        of such exploration drilling if the Secretary determines, after 
        publishing notice in the Federal Register, that insufficient 
        vessels documented under section 12111(d) of title 46, United 
        States Code, are reasonably available and suitable for these 
        support operations and all such reasonably available and 
        suitable vessels are employed in support of such operations; 
        and
          (2) for an additional period until such vessels are available 
        if the Secretary of Transportation determines--
                  (A) that, by April 30 of the year following the 
                commencement of exploration drilling, the lessee has 
                entered into a binding agreement to employ a suitable 
                vessel or vessels to be documented under section 
                12111(d) of title 46, United States Code, in sufficient 
                numbers and with sufficient suitability to replace any 
                foreign-flag vessel or vessels operating under this 
                section; and
                  (B) after publishing notice in the Federal Register, 
                that insufficient vessels documented under section 
                12111(d) of title 46, United States Code, are 
                reasonably available and suitable for these support 
                operations and all such reasonably available and 
                suitable vessels are employed in support of such 
                operations.
  (b) Expiration.--Irrespective of the year in which the commitment 
referred to in subsection (a)(2)(A) occurs, foreign-flag anchor 
handling vessels may not be employed for the setting, relocation, or 
recovery of anchors or other mooring equipment of a mobile offshore 
drilling unit after December 31, 2017.
  (c) Lessee Defined.--In this section, the term ``lessee'' means the 
holder of a lease (as defined in section 1331(c) of title 43, United 
States Code), who, prior to giving the written notice in subsection 
(a)(1), has entered into a binding agreement to employ a suitable 
vessel documented or to be documented under section 12111(d) of title 
46, United States Code.
  (d) Savings Provision.--Nothing in subsection (a) may be construed to 
authorize the employment in the coastwise trade of a vessel that does 
not meet the requirements of section 12112 of title 46, United States 
Code.

SEC. 1311. VESSEL TRAFFIC RISK ASSESSMENT.

  (a) Requirement.--The Commandant of the Coast Guard, acting through 
the appropriate Area Committee established under section 311(j)(4) of 
the Federal Water Pollution Control Act, shall prepare a vessel traffic 
risk assessment for Cook Inlet, Alaska, within one year after the date 
of enactment of this Act.
  (b) Contents.--The assessment shall describe, for the region covered 
by the assessment--
          (1) the amount and character of present and estimated future 
        shipping traffic in the region; and
          (2) the current and projected use and effectiveness in 
        reducing risk, of--
                  (A) traffic separation schemes and routing measures;
                  (B) long-range vessel tracking systems developed 
                under section 70115 of title 46, United States Code;
                  (C) towing, response, or escort tugs;
                  (D) vessel traffic services;
                  (E) emergency towing packages on vessels;
                  (F) increased spill response equipment including 
                equipment appropriate for severe weather and sea 
                conditions;
                  (G) the Automatic Identification System developed 
                under section 70114 of title 46, United States Code;
                  (H) particularly sensitive sea areas, areas to be 
                avoided, and other traffic exclusion zones;
                  (I) aids to navigation; and
                  (J) vessel response plans.
  (c) Recommendations.--
          (1) In general.--The assessment shall include any appropriate 
        recommendations to enhance the safety, or lessen potential 
        adverse environmental impacts, of marine shipping.
          (2) Consultation.--Before making any recommendations under 
        paragraph (1) for a region, the Area Committee shall consult 
        with affected local, State, and Federal government agencies, 
        representatives of the fishing industry, Alaska Natives from 
        the region, the conservation community, and the merchant 
        shipping and oil transportation industries.
  (d) Provision to Congress.--The Commandant shall provide a copy of 
the assessment to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.
  (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commandant $1,000,000 for fiscal year 2010 to the 
conduct the assessment.

SEC. 1312. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO 
                    FACILITIES.

  (a) Purposes.--The purposes of this section are--
          (1) to authorize a project study to evaluate the feasibility 
        of consolidating and relocating Coast Guard facilities at Coast 
        Guard Sector Buffalo within the study area;
          (2) to obtain a preliminary plan for the design, engineering, 
        and construction for the consolidation of Coast Guard 
        facilities at Sector Buffalo; and
          (3) to distinguish what Federal lands, if any, shall be 
        identified as excess after the consolidation.
  (b) Definitions.--In this section:
          (1) Commandant.--The term ``Commandant'' means the Commandant 
        of the Coast Guard.
          (2) Sector buffalo.--The term ``Sector Buffalo'' means Coast 
        Guard Sector Buffalo of the Ninth Coast Guard District.
          (3) Study area.--The term ``study area'' means the area 
        consisting of approximately 31 acres of real property and any 
        improvements thereon that are commonly identified as Coast 
        Guard Sector Buffalo, located at 1 Fuhrmann Boulevard, Buffalo, 
        New York, and under the administrative control of the Coast 
        Guard.
  (c) Study.--
          (1) In general.--Within 12 months after the date on which 
        funds are first made available to carry out this section, the 
        Commandant shall conduct a project proposal report of the study 
        area and shall submit such report to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
          (2) Requirements.--The project proposal report shall--
                  (A) evaluate the most cost-effective method for 
                providing shore facilities to meet the operational 
                requirements of Sector Buffalo;
                  (B) determine the feasibility of consolidating and 
                relocating shore facilities on a portion of the 
                existing site, while--
                          (i) meeting the operational requirements of 
                        Sector Buffalo; and
                          (ii) allowing the expansion of operational 
                        requirements of Sector Buffalo; and
                  (C) contain a preliminary plan for the design, 
                engineering, and construction of the proposed project, 
                including--
                          (i) the estimated cost of the design, 
                        engineering, and construction of the proposed 
                        project;
                          (ii) an anticipated timeline of the proposed 
                        project; and
                          (iii) a description of what Federal lands, if 
                        any, shall be considered excess to Coast Guard 
                        needs.
  (d) Limitation.--Nothing in this section shall affect the current 
administration and management of the study area.

SEC. 1313. CONVEYANCE OF COAST GUARD VESSELS TO MISSISSIPPI.

  (a) Authority To Convey.--Notwithstanding the Federal Property and 
Administrative Services Act of 1949, the Commandant of the Coast Guard 
may convey to each recipient described in subsection (b) (in this 
section referred to as the ``Sheriff's Department''), without 
consideration all right, title, and interest of the United States in 
and to a Coast Guard trailerable boat, ranging from 17 feet to 30 feet 
in size, that the Commandant determines--
          (1) is appropriate for use by the Sheriff's Department; and
          (2) is excess to the needs of the Coast Guard and the 
        Department of Homeland Security.
  (b) Recipients.--The recipients referred to in subsection (a) are the 
following:
          (1) The Sheriff's Department of Coahoma County, Mississippi.
          (2) The Sheriff's Department of Warren County, Mississippi.
          (3) The Sheriff's Department of Washington County, 
        Mississippi.
  (c) Condition.--As a condition of conveying a vessel under the 
authority provided in subsection (a), the Commandant shall enter into 
an agreement with the Sheriff's Department under which the Sheriff's 
Department agrees--
          (1) to utilize the vessel for homeland security and other 
        appropriate purposes as jointly agreed upon by the Commandant 
        and the Sheriff's Department before conveyance; and
          (2) to take the vessel ``as is'' and to hold the United 
        States harmless for any claim arising with respect to that 
        vessel after conveyance of the vessel, including any claims 
        arising from the condition of the vessel and its equipment or 
        exposure to hazardous materials.
  (d) Delivery of Vessel.--The Commandant shall deliver the vessel 
conveyed under the authority provided in subsection (a)--
          (1) at the place where the vessel is located on the date of 
        the conveyance;
          (2) in its condition on the date of conveyance; and
          (3) without cost to the United States.
  (e) Other Excess Equipment.--The Commandant may further convey any 
excess equipment or parts from other Coast Guard vessels, which are 
excess to the needs of the Coast Guard and the Department of Homeland 
Security, to the Sheriff's Department for use to enhance the 
operability of the vessel conveyed under the authority provided in 
subsection (a).
  (f) Additional Terms and Conditions.--The Commandant may require such 
additional terms and conditions in connection with the conveyance 
authorized by subsection (a) as the Commandant considers appropriate to 
protect the interests of the United States.

SEC. 1314. COAST GUARD ASSETS FOR UNITED STATES VIRGIN ISLANDS.

  (a) In General.--The Secretary of Homeland Security may station 
additional Coast Guard assets in the United States Virgin Islands for 
port security and other associated purposes.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for fiscal year 2010 such sums as are 
necessary to carry out this section.

SEC. 1315. OFFICER REQUIREMENTS FOR DISTANT WATER TUNA VESSELS.

  Section 8103 of title 46, United States Code, is amended by adding at 
the end the follow new subsection:
  ``(l) Officer Requirements for Distant Water Tuna Vessels.--
          ``(1) Citizenship.--Notwithstanding subsection (a), a purse 
        seine tuna fishing vessel documented under chapter 121 fishing 
        exclusively for highly migratory species under a fishing 
        license issued pursuant to the 1987 Treaty on Fisheries Between 
        the Governments of Certain Pacific Islands States and the 
        Government of the United States of America in the treaty area 
        (as that term is used in that treaty), or transiting to or from 
        the treaty area exclusively for such purpose, may engage an 
        individual who is not a citizen of the United States to fill a 
        vacancy in a position referred to in subsection (a) (except for 
        the master) if, after timely public notice of the vacancy, no 
        United States citizens are readily available to fill the 
        vacancy.
          ``(2) Restrictions.--
                  ``(A) In general.--An individual may not be engaged 
                under paragraph (1) unless the individual holds a valid 
                license or certificate issued--
                          ``(i) in accordance with the standards 
                        established by the 1995 amendments to the 
                        Convention on Standards of Training, 
                        Certification and Watchkeeping for Seafarers, 
                        1978 (STCW 95); and
                          ``(ii) by an authority that the Secretary of 
                        the department in which the Coast Guard is 
                        operating recognizes as imposing competency and 
                        training standards equivalent to or exceeding 
                        those required for a issued under chapter 71.
                  ``(B) Limitation on application.--Paragraph (1) 
                applies only to engagement of an individual on a vessel 
                that--
                          ``(i) is homeported in American Samoa, Guam, 
                        or the Northern Mariana Islands; and
                          ``(ii) has passed an annual commercial 
                        fishing vessel safety exam administered by a 
                        individual authorized to enforce this title.
          ``(3) Treatment of equivalent license.--The Secretary of the 
        department in which the Coast Guard is operating shall treat a 
        license held by an individual engaged under paragraph (1) that 
        was issued by a foreign government as meeting the requirements 
        of section 8304 with respect to that engagement, if the 
        Secretary determines that the standards for issuing that 
        license are equivalent to the standards that apply under that 
        section.''.

SEC. 1316. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN 
                    HIGH LATITUDE REGIONS.

  Within 270 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives assessing the need for 
additional Coast Guard prevention and response capability in the high 
latitude regions. The assessment shall address needs for all Coast 
Guard mission areas, including search and rescue, marine pollution 
response and prevention, fisheries enforcement, and maritime commerce. 
The Secretary shall include in the report--
          (1) an assessment of the high latitude operating capabilities 
        of all current Coast Guard assets, including assets acquired 
        under the Deepwater program;
          (2) an assessment of projected needs for Coast Guard forward 
        operating bases in the high latitude regions;
          (3) an assessment of shore infrastructure, personnel, 
        logistics, communications, and resources requirements to 
        support Coast Guard forward operating bases in the high 
        latitude regions;
          (4) an assessment of the need for high latitude icebreaking 
        capability and the capability of the current high latitude 
        icebreaking assets of the Coast Guard, including--
                  (A) whether the Coast Guard's high latitude 
                icebreaking fleet is meeting current mission 
                performance goals;
                  (B) whether the fleet is capable of meeting projected 
                mission performance goals; and
                  (C) an assessment of the material condition, safety, 
                and working conditions aboard high latitude icebreaking 
                assets, including the effect of those conditions on 
                mission performance;
          (5) a detailed estimate of acquisition costs for each of the 
        assets (including shore infrastructure) necessary for 
        additional prevention and response capability in high latitude 
        regions for all Coast Guard mission areas, and an estimate of 
        operations and maintenance costs for such assets for the 
        initial 10-year period of operations; and
          (6) detailed cost estimates (including operating and 
        maintenance for a period of 10 years) for high latitude 
        icebreaking capability to ensure current and projected future 
        mission performance goals are met, including estimates of the 
        costs to--
                  (A) renovate and modernize the Coast Guard's existing 
                high latitude icebreaking fleet; and
                  (B) replace the Coast Guard's existing high latitude 
                icebreaking fleet.

SEC. 1317. STUDY OF REGIONAL RESPONSE VESSEL AND SALVAGE CAPABILITY FOR 
                    OLYMPIC PENINSULA COAST, WASHINGTON.

  No later than 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
study through the National Academy of Sciences the need for regional 
response vessel and salvage capability for the State of Washington 
Olympic Peninsula coast. In conducting the study, the National Academy 
of Sciences shall consult with Federal, State, and tribal officials and 
other relevant stakeholders. The study shall--
          (1) identify the capabilities, equipment, and facilities 
        necessary for a response vessel in the entry to the Strait of 
        Juan de Fuca at Neah Bay in order to optimize oil spill 
        protection on Washington's Olympic Peninsula coast and provide 
        rescue towing services, oil spill response, and salvage and 
        firefighting capabilities;
          (2) analyze the multimission capabilities necessary for a 
        rescue vessel and the need for that vessel to utilize cached 
        salvage, oil spill response, and oil storage equipment while 
        responding to a spill or a vessel in distress, and make 
        recommendations as to the placement of such equipment;
          (3) address scenarios that consider all vessel types and 
        weather conditions and compare current Neah Bay rescue vessel 
        capabilities, costs, and benefits with other United States 
        industry-funded response vessels, including those currently 
        operating in Alaska's Prince William Sound;
          (4) determine whether the current level of protection 
        afforded by the Neah Bay response vessel and associated 
        response equipment is comparable to protection in other 
        locations where response vessels operate, including Prince 
        William Sound, Alaska, and if it is not comparable, make 
        recommendations regarding how capabilities, equipment, and 
        facilities should be modified to achieve optimum protection; 
        and
          (5) consider pending firefighting and salvage regulations 
        developed pursuant to the Oil Pollution Act of 1990.

SEC. 1318. STUDY OF BRIDGES OVER NAVIGABLE WATERS.

  The Secretary of Transportation shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives a 
comprehensive study on the proposed construction or alteration of any 
bridge, drawbridge, or causeway over navigable waters with a channel 
depth of 25 feet or greater of the United States that may impede or 
obstruct future navigation to or from port facilities.

SEC. 1319. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN SEAMEN.

  Section 11108(b)(2)(B) of title 46, United States Code, is amended to 
read as follows:
                  ``(B) who performs regularly assigned duties while 
                engaged as a master, officer, or crewman on a vessel 
                operating on navigable waters in 2 or more States.''.

SEC. 1320. DECOMMISSIONED COAST GUARD VESSELS FOR BERMUDA.

  (a) In General.--Notwithstanding any other law, upon the scheduled 
decommissioning of any Coast Guard 41-foot patrol boat and after the 
Government of Haiti has exercised all of their options under section 
1309, the Commandant of the Coast Guard shall give the Government of 
Bermuda a right-of-first-refusal for conveyance of that vessel to the 
Government of Bermuda, if that Government of Bermuda agrees--
          (1) to use the vessel for the Coast Guard of Bermuda;
          (2) to make the vessel available to the United States 
        Government if needed for use by the Commandant in time of war 
        or national emergency;
          (3) to hold the United States Government harmless for any 
        claims arising from exposure to hazardous materials, including 
        asbestos and polychlorinated biphenyls, after conveyance of the 
        vessel, except for claims arising from the use by the United 
        States Government under paragraph (2); and
          (4) to any other conditions the Commandant considers 
        appropriate.
  (b) Limitation.--The Commandant may not convey more than 3 vessels to 
the Government of Bermuda pursuant to this section.
  (c) Maintenance and Delivery of Vessel.--
          (1) Maintenance.--Before conveyance of a vessel under this 
        section, the Commandant shall make, to the extent practical and 
        subject to other Coast Guard mission requirements, every effort 
        to maintain the integrity of the vessel and its equipment until 
        the time of delivery.
          (2) Delivery.--If a conveyance is made under this section, 
        the Commandant shall deliver a vessel to a suitable mooring in 
        the local area in its present condition.
          (3) Treatment of conveyance.--The conveyance of a vessel 
        under this section shall not be considered a distribution in 
        commerce for purposes of section 6(e) of Public Law 94-469 (15 
        U.S.C. 2605(e)).

SEC. 1321. CONVEYANCE OF COAST GUARD VESSELS TO NASSAU COUNTY, NEW 
                    YORK.

  (a) Authority To Convey.--Notwithstanding the Federal Property and 
Administrative Services Act of 1949, the Commandant of the Coast Guard 
may convey to the Police Department of Nassau County, New York (in this 
section referred to as the ``Police Department''), without 
consideration all right, title, and interest of the United States in 
and to two Coast Guard 41-foot patrol boats that the Commandant 
determines--
          (1) is appropriate for use by the Police Department; and
          (2) is excess to the needs of the Coast Guard and the 
        Department of Homeland Security.
  (b) Condition.--As a condition of conveying a vessel under the 
authority provided in subsection (a), the Commandant shall enter into 
an agreement with the Police Department under which the Police 
Department agrees--
          (1) to utilize the vessel for homeland security and other 
        appropriate purposes as jointly agreed upon by the Commandant 
        and the Police Department before conveyance; and
          (2) to take the vessel ``as is'' and to hold the United 
        States harmless for any claim arising with respect to that 
        vessel after conveyance of the vessel, including any claims 
        arising from the condition of the vessel and its equipment or 
        exposure to hazardous materials.
  (c) Delivery of Vessel.--The Commandant shall deliver a vessel 
conveyed under the authority provided in subsection (a)--
          (1) at the place where the vessel is located on the date of 
        the conveyance;
          (2) in its condition on the date of conveyance; and
          (3) without cost to the United States.
  (d) Other Excess Equipment.--The Commandant may further convey any 
excess equipment or parts from other Coast Guard vessels, which are 
excess to the needs of the Coast Guard and the Department of Homeland 
Security, to the Police Department for use to enhance the operability 
of a vessel conveyed under the authority provided in subsection (a).
  (e) Additional Terms and Conditions.--The Commandant may require such 
additional terms and conditions in connection with a conveyance 
authorized by subsection (a) as the Commandant considers appropriate to 
protect the interests of the United States.

SEC. 1322. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.

  (a) Study.--The Administrator of the Environmental Protection Agency 
shall conduct a study on the public health, safety, and environmental 
concerns related to the underground petroleum spill on the Brooklyn 
shoreline of Newtown Creek, New York City, New York, in Greenpoint, 
Brooklyn, New York.
  (b) Full-Site Characterization and Collection of New Field 
Evidence.--In carrying out the study under this section, the 
Administrator shall conduct a full-site characterization of the 
underground petroleum spill, including the investigation, collection, 
and analysis of new and updated data and field evidence on the extent 
of the petroleum spill, including any portion of the spill that has 
been diluted into surrounding waters, and any surrounding soil 
contamination or soil vapor contamination.
  (c) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit a report containing the 
results of the study to the Committee on Environment and Public Works 
and the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives.
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000.

SEC. 1323. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY, 
                    MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN.

  (a) Conveyance Authorized.--(1) The Commandant of the Coast Guard may 
convey as surplus property, under section 550 of title 40, United 
States Code, and other relevant Federal laws governing the disposal of 
Federal surplus property, to the City of Marquette, Michigan (in this 
section referred to as the ``City''), all right, title, and interest of 
the United States in and to a parcel of real property, together with 
any improvements thereon, located in Marquette County, Michigan, that 
is under the administrative control of the Coast Guard, consisting of 
approximately 5.5 acres of real property, as depicted on the Van Neste 
survey (#204072), dated September 7, 2006, together with the land 
between the intermediate traverse line as shown on such survey and the 
ordinary high water mark, the total comprising 9 acres, more or less, 
and commonly identified as Coast Guard Station Marquette and Lighthouse 
Point.
  (2) Except as provided in paragraph (3), any cost associated with the 
conveyance shall be borne by the City, including, but not limited to, 
closing costs, attorney fees, and the cost of surveys, inspections, 
title examinations, and deed preparation.
  (3)(A) Except as provided in subparagraph (B), prior to the 
conveyance of the property, the Coast Guard shall perform and bear the 
cost of environmental remediation required under Federal law. Nothing 
in this section shall be construed to compel the Coast Guard to 
complete such remediation before 10 years from the date of enactment of 
this section.
  (B) The City may assume the Coast Guard's responsibility to perform 
and bear the cost of the environmental remediation, provided that--
          (i) the City provides written notice that it will assume 
        responsibility for the performance of such remediation and the 
        cost thereof; and
          (ii) the City and the Coast Guard enter into a written 
        agreement thereon.
  (b) Retention of Certain Easements.--In conveying the property under 
subsection (a), the Commandant of the Coast Guard may retain such 
easements over the property as the Commandant considers appropriate for 
access to aids to navigation.
  (c) Limitations.--The property to be conveyed under subsection (a) 
may not be conveyed under that subsection until--
          (1) the Coast Guard has relocated Coast Guard Station 
        Marquette to a newly constructed station;
          (2) any environmental remediation required under Federal law 
        with respect to the property has been completed; and
          (3) the Commandant of the Coast Guard determines that 
        retention of the property by the United States is not required 
        to carry out Coast Guard missions or functions.
  (d) Conditions of Transfer.--All conditions placed within the deed of 
title of the property to be conveyed under subsection (a) shall be 
construed as covenants running with the land.
  (e) Description of Property.--The exact acreage and legal description 
of the property to be conveyed under subsection (a) shall be determined 
by a survey satisfactory to the Commandant of the Coast Guard.
  (f) Additional Terms and Conditions.--The Commandant of the Coast 
Guard may require such additional terms and conditions in connection 
with the conveyance authorized by subsection (a) as the Commandant 
considers appropriate to protect the interests of the United States.

SEC. 1324. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF THE 
                    RIO GRANDE RIVER, TEXAS, INTERNATIONAL WATER 
                    BOUNDARY.

  Not later than 90 days after the date of the enactment of this Act, 
the Secretary of the department in which the Coast Guard is operating 
shall prepare a mission requirement analysis for the navigable portions 
of the Rio Grande River, Texas, international water boundary. The 
analysis shall take into account the Coast Guard's involvement on the 
Rio Grande River by assessing Coast Guard missions, assets, and 
personnel assigned along the Rio Grande River. The analysis shall also 
identify what would be needed for the Coast Guard to increase search 
and rescue operations, migrant interdiction operations, and drug 
interdiction operations.

SEC. 1325. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN, MICHIGAN.

  (a) Conveyance Authorized.--Notwithstanding any other provision of 
law, the Commandant of the Coast Guard is authorized to convey, at fair 
market value, all right, title, and interest of the United States in 
and to a parcel of real property, consisting of approximately 3 acres, 
more or less, that is under the administrative control of the Coast 
Guard and located at 900 S. Western Avenue in Cheboygan, Michigan.
  (b) Right of First Refusal.--The Cornerstone Christian Academy, 
located in Cheboygan, MI, shall have the right of first refusal to 
purchase, at fair market value, all or a portion of the real property 
described in subsection (a).
  (c) Description of Property.--The exact acreage and legal description 
of the property to be conveyed under subsection (a) shall be determined 
by a survey satisfactory to the Commandant of the Coast Guard.
  (d) Fair Market Value.--The fair market value of the property shall 
be--
          (1) determined by appraisal, in accordance with the Uniform 
        Appraisal Standards for Federal Land Acquisitions and the 
        Uniform Standards of Professional Appraisal Practice; and
          (2) subject to the approval of the Commandant.
  (e) Costs of Conveyance.--Any cost associated with the conveyance 
shall be borne by the purchaser, including, but not limited to--
          (1) closing costs, attorney fees, and the cost of surveys, 
        inspections, title examinations, and deed preparation; and
          (2) environmental analyses, assessments, clearances, and, if 
        required under Federal law, environmental remediation.
  (f) Environmental Remediation.--Before conveyance of the real 
property described in paragraph (a), purchaser shall perform any 
environmental remediation of the property that is required under 
Federal law.
  (g) Credit of Funds.--Notwithstanding any other provision of law, the 
net proceeds of a conveyance, authorized under subsection (a), shall--
          (1) be credited to the Coast Guard Environmental Compliance 
        and Restoration appropriations account current at the time 
        collection is made;
          (2) be made available, subject to appropriation, for 
        environmental compliance and restoration purposes in 
        conjunction with any disposal of any property under the 
        administrative control of the Coast Guard; and
          (3) remain available for such purposes until expended.
  (h) Additional Terms and Conditions.--The Commandant of the Coast 
Guard may require such additional terms and conditions in connection 
with the conveyance under subsection (a) as is considered appropriate 
to protect the interests of the United States.

                       Purpose of the Legislation

    H.R. 3619, the ``Coast Guard Authorization of 2010'', as 
amended, is the annual authorization for the U.S. Coast Guard. 
Specifically, the bill authorizes fiscal year 2010 
appropriations for the Service and authorizes the end-of-year 
strength for military personnel; it also incorporates other 
provisions addressing marine safety, Coast Guard management 
structure, acquisition reform, workforce development, and 
cruise vessel safety.

                  Background and Need for Legislation


Title I--Authorization

    Title I of H.R. 3619 authorizes approximately $10 billion 
in fiscal year 2010 for the Coast Guard ($280 million above the 
President's budget), and increases the authorized end-strength 
for military personnel by 1,500 members to 47,000 total 
personnel.

Title II--Coast Guard

    Title II of H.R. 3619 makes administrative changes to the 
Coast Guard, including creating the position of District 
Ombudsman in each Coast Guard district to serve as a liaison 
between the Coast Guard and the maritime community. It also 
authorizes the reimbursement of medical-related travel for 
Coast Guard personnel who live in remote locations, and grants 
access to the Armed Forces Retirement Home system to Coast 
Guard veterans.
    The Subcommittee on Coast Guard and Maritime Transportation 
(Subcommittee) has held three hearings to examine diversity in 
the Coast Guard. During the 110th Congress, the Subcommittee 
convened on September 10, 2008, to examine ``Diversity in the 
Coast Guard, including Recruitment, Promotion, and Retention of 
Minority Personnel.'' On April 1, 2009, the Subcommittee held a 
hearing entitled ``Civil Rights Services and Diversity 
Initiatives in the Coast Guard'' to examine the findings of a 
report on the Coast Guard's Equal Employment Opportunity (EEO) 
and Equal Opportunity (EO) programs issued early in 2009, and 
to continue its examination of the Coast Guard's diversity 
initiatives. On June 19, 2009, the Subcommittee met to continue 
its examination of the Coast Guard's EEO and EO programs, as 
well as of the service's efforts to expand diversity, 
particularly at the Coast Guard Academy.
    Data provided by the Coast Guard show that approximately 15 
percent of the incoming Class of 2013 was comprised of minority 
students. The U.S. Naval Academy's Dean of Admissions, Stephen 
Latta, testified before the Subcommittee during the June 19 
hearing and stated that the Naval Academy's Class of 2013 was 
the most diverse class in that institution's history, with 35 
percent of the incoming class of midshipmen being minorities.
    The Coast Guard has developed a strategic plan specifically 
for the Coast Guard Academy that has as one of its goals to 
``further diversify the Corps of Cadets, Faculty, Staff and 
Curriculum'' at the Academy, including achieving a critical 
mass of between 25 percent and 30 percent of under-represented 
minority cadets at the Academy by 2015.
    To ensure that Members of Congress can contribute to the 
success of this effort, H.R. 3619 creates a process by which 
Members of Congress may nominate individuals to attend the 
Coast Guard Academy, similar to the process used at the other 
service academies.
    In addition, H.R. 3619 creates a number of new initiatives 
to increase the recruitment of minority individuals into the 
Coast Guard's officer corps, aviation corps, and civil service. 
Specifically, H.R. 3619 creates an internship program at Coast 
Guard headquarters and regional offices for college sophomores, 
juniors and seniors. H.R. 3619 also requires the establishment 
of cooperative technology programs at minority-serving 
institutions, and the expansion to minority-serving 
institutions of the College Student Pre-Commissioning 
Initiative, through which students receive college scholarships 
in return for a service commitment as an officer in the Coast 
Guard.

Title III--Shipping and navigation

    Title III of H.R. 3619 contains provisions that create a 
civil penalty for the possession of controlled substances on 
vessels. It also authorizes the Secretary of the department in 
which the Coast Guard is operating to establish a limit of 
liability under the Oil Pollution Act of 1990 for pollution 
incidents in deepwater ports used only in connection with the 
transportation of natural gas. Further, H.R. 3619 requires a 
study on exhaust pollution released by cruise ships, and 
requires a study on arctic marine transportation.

Title IV--Great Lakes icebreaker

    Title IV of H.R. 3619 authorizes $153 million for the 
design and construction of a new replacement icebreaker for the 
Great Lakes.
    Five of the Coast Guard's icebreakers on the Great Lakes 
are nearing the end of their useful lives and two additional 
buoy tenders that the Coast Guard uses to break ice cannot 
handle heavy ice conditions. As a result, in the spring of 
2008, U.S.-flag ships on the Lakes sustained $1.3 million in 
damage to their hulls.
    Manufacturing and power industries cannot stockpile their 
inventories for the winter and the mines do not have the 
capacity to produce extra materials during the summer to last 
these industries through the winter. Therefore, they depend on 
the icebreaking capacity of the Coast Guard to keep shipping 
lanes open during these winter months just as snow plows keep 
highways open for surface transportation.
    The Coast Guard also uses icebreakers on the Great Lakes to 
assist the U.S. Army Corps of Engineers in clearing ice from 
rivers and harbors to prevent storm and flood damage from ice 
that forms dams leading to flooding in local communities.
    In 2006, the Coast Guard accepted delivery of the Coast 
Guard icebreaker Mackinaw. This icebreaker has proven extremely 
capable of breaking ice on the Lakes during the past two 
winters. The Coast Guard could use this design to build a 
sister ship that could set and maintain buoys during the 
spring, summer, and fall, and then break ice to keep shipping 
channels open for commercial vessels during the winter months.

Title V--Acquisition reform

    Congress appropriates funds for Coast Guard capital 
expenditures to the Coast Guard's Acquisition, Construction, 
and Improvement (AC&I) account, which funds expenses related to 
``acquisition, construction, renovation, and improvement of 
aids to navigation, shore facilities, vessels, and aircraft, 
including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and 
equipment.''\1\
---------------------------------------------------------------------------
    \1\Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 (P.L. 110-329).
---------------------------------------------------------------------------
    The largest single acquisition program funded through the 
AC&I budget is the Deepwater acquisition program. According to 
the most recent acquisition program baseline (APB) for the 
Deepwater program--APB 1.1, adopted May 15, 2007--the Deepwater 
acquisitions are projected to cost a total of $24 billion and 
to require 25 years to complete.
    The Deepwater acquisition program is the largest single 
acquisition effort that the Coast Guard has ever undertaken and 
is intended to upgrade or modernize nearly all of its air and 
surface assets. The acquisition program was formulated by the 
Coast Guard in the early 1990s. At that time, after assessing 
its mission needs and measuring these against the obsolescence 
of its existing technology, the service decided that rather 
than simply buy single new assets to replace its existing 
assets, it would pursue a system-of-systems acquisition 
approach, through which it would acquire an integrated suite of 
assets that together could provide the ``functional 
capabilities'' required to fulfill its mission needs.
    Given the complexity of the acquisition effort to be 
undertaken, the Coast Guard decided that it would follow the 
example of Department of Defense agencies by engaging a private 
firm to serve as the lead systems integrator (LSI). The 
Deepwater LSI was to exercise primary responsibility for 
managing the development of the system-of-systems--including 
selecting the individual assets to be included in the system 
and managing their integration around a common operating 
picture (real-time displays of operational views that could be 
shared by all assets and stations). The Coast Guard also 
decided it would manage the Deepwater acquisitions outside the 
service's existing acquisition management structure--a decision 
which ultimately served to limit the oversight the service was 
prepared to exercise over the program in its early years.
    In June 2002, the Integrated Coast Guard Systems (ICGS) 
team, comprised of Lockheed Martin and Northrop Grumman, was 
awarded a $17 billion, Indefinite Delivery/Indefinite Quantity 
(IDIQ) contract to serve as the LSI and implement the Deepwater 
acquisitions; this initial contract extended for five years and 
included five additional five-year options.
    The requirements for the Deepwater acquisitions that were 
developed to inform the award of the initial IDIQ in June 2002 
had been formulated prior to the terror attacks of September 
11, 2001. In 2003, the Coast Guard was moved to the Department 
of Homeland Security (DHS) and began to perform significant new 
homeland security missions (such as port security) in addition 
to its traditional missions (such as search and rescue). As the 
asset needs that arose from its new homeland security missions 
became clearer, the Coast Guard began to alter the overall 
mission requirements that assets to be produced under the 
Deepwater IDIQ were to be expected to meet; these alterations 
were generally made after the IDIQ had already been awarded.
    Almost from the signing of the Deepwater contract, the 
Coast Guard encountered challenges in managing the LSI. These 
challenges were enumerated in multiple reports issued by the 
Government Accountability Office (GAO) and the DHS Office of 
the Inspector General (DHS IG).
    Several of the individual acquisition efforts undertaken in 
the early years of Deepwater failed or proved too impractical 
to pursue. Perhaps the most highly publicized failure was the 
effort to lengthen the Coast Guard's existing 110-foot patrol 
boats to 123 feet and install new, upgraded information 
technology suites into the boats.
    Other procurement efforts initiated in the early years of 
the Deepwater contract, including the first effort to procure a 
vertical unmanned aerial vehicle and the first effort to 
develop a Fast Response Cutter (FRC), were never built after 
failing to pass design or prototype testing. These failures 
wasted well in excess of $100 million.
    In April 2007, the Coast Guard announced a series of major 
changes in its management of Deepwater--changes that would also 
affect its management of all its acquisition efforts. 
Specifically, the Commandant of the Coast Guard, Admiral Thad 
W. Allen, announced that the service would:
          
 Assume the role as LSI for all Deepwater 
        assets and other major acquisitions as appropriate;
          
 Assume responsibility for life-cycle 
        logistics functions for Deepwater assets;
          
 Expand the role of the American Bureau of 
        Shipping and other third-parties as appropriate to 
        ensure assets meet design and construction standards;
          
 Work with the ICGS team to resolve 
        outstanding contract issues pertaining to the National 
        Security Cutter;
          
 Consider procuring assets directly from 
        prime vendors when this was in the best interests of 
        the government; and,
          
 Convene regular meetings between the 
        Commandant and the ICGS team to adjudicate and resolve 
        Deepwater contracting issues.
    At the same time, the Coast Guard began reorganizing its 
acquisition management processes.
    The Coast Guard has issued a ``Blueprint for Acquisition 
Reform'' to guide the implementation of the new policies and 
procedures it is implementing to strengthen the management of 
Coast Guard acquisition initiatives and to guide the 
organization of the Acquisition Directorate. The first version 
was issued on July 9, 2007; the document is to be updated in 
July of each year. The ``Blueprint'' lays out the Coast Guard's 
plans for organizational alignment and leadership, the 
development of new policies and procedures, human capital 
management and development, and information management and 
stewardship.
    The release of the Blueprint and the concomitant creation 
of the Acquisition Directorate are intended to ensure the 
standardization of acquisition procedures within the Coast 
Guard. The Blueprint and Acquisition Directorate are also 
intended to ensure that the service is equipped to control 
procurement-related costs and that acquisition efforts adhere 
to set schedules; further, they are intended to empower program 
managers to effectively manage acquisition efforts. Previously, 
program managers were at best ``partners'' to LSI personnel.
    As of December 2008, the Coast Guard indicated that it had 
assigned a Level III-certified program manager (Level III 
certification is the highest certification available to a 
program manager) to each of its 14 Level I acquisitions (under 
DHS Acquisition Directive 102-01, acquisition efforts are 
classed as Level I, II, or III depending on their total life-
cycle costs--with Level I acquisitions having life-cycle costs 
at or above $1 billion). Seven of the Level III-certified 
program managers assigned to Level I acquisitions were military 
officers and five program managers were members of the civil 
service (two program managers were each managing two separate 
Level I acquisitions). As of February 2009, the Coast Guard had 
27 military officers who had achieved a Level III program 
manager certification, including three Admirals, 12 Captains, 
11 Commanders, and four Lieutenant Commanders.
    In 2008, the Coast Guard assigned the Admiral currently 
serving as the Assistant Commandant for Acquisition (who is a 
Level III-certified program manager) to be the commander of 
District 13 (headquartered in Seattle); this assignment was 
made as part of the Coast Guard's regular process for rotating 
its personnel. The Program Executive Officer for the Deepwater 
acquisition effort, also a Level-III certified program manager, 
was assigned to be the Assistant Commandant for Acquisition. A 
Captain recently selected for promotion to Rear Admiral who 
lacked a Level III program manager certification at the time of 
his selection was named to be the Program Executive Officer for 
Deepwater. These assignments took effect in mid-2009.
    The Coast Guard created a new Acquisition Directorate 
(known as CG-9) on July 13, 2007. The Acquisition Directorate 
re-integrates the Coast Guard's acquisition-related functions 
into a single unit employing standard processes for managing 
acquisition efforts. The Deepwater program is now managed 
directly by the Acquisition Directorate; the Program Executive 
Officer for the Deepwater acquisition effort, who 
simultaneously serves as the Director of Acquisition Programs, 
is located within the Directorate and reports to the Assistant 
Commandant for Acquisition.
    Currently, the Assistant Commandant for Acquisition reports 
directly to the Chief of Staff, who reports to the Vice 
Commandant, who then reports to the Commandant. On January 22, 
2009, DHS requested that the Coast Guard nominate a Component 
Acquisition Executive (CAE) for oversight of certain 
acquisition programs. On March 2, the Coast Guard nominated the 
Vice Commandant to be the CAE; this appointment was confirmed 
by DHS on August 10, 2009.
    While the Coast Guard has made significant improvements in 
strengthening its acquisition workforce and implementing 
policies and procedures that should enable it to more 
effectively manage acquisition efforts, challenges remain. In a 
June 2008 study on the Deepwater procurements, entitled ``Coast 
Guard: Change in Course Improves Deepwater Management and 
Oversight, but Outcome Still Uncertain'', the GAO found that 
the changes in the Deepwater management processes and the 
creation of the Acquisition Directorate have ``increased 
accountability'' because ``Coast Guard project managers and 
technical experts now hold the greater balance of management 
responsibility and accountability for program outcomes.''\2\ 
Nonetheless, the GAO found that the Coast Guard still ``faces 
challenges in building a capable government workforce to manage 
this large acquisition.''\3\
---------------------------------------------------------------------------
    \2\GAO, Coast Guard: Change in Course Improves Deepwater Management 
and Oversight, but Outcome Still Uncertain 3 (June 2008).
    \3\Id.
---------------------------------------------------------------------------
    In the report, the GAO indicates that as the Coast Guard 
assumes responsibility for individual assets, there are some 
system-level aspects of the program that the service is ``not 
fully positioned to manage.''\4\ Additionally, the GAO noted 
that the Coast Guard confronts an on-going shortage of civilian 
acquisition staff members (which is a problem throughout the 
Federal Government), the service lacks an acquisition career 
path for military personnel, and it continues to rely on 
contractors for specific types of technical and programmatic 
expertise.
---------------------------------------------------------------------------
    \4\Id. at 4.
---------------------------------------------------------------------------
    In the 110th Congress, the Subcommittee held three hearings 
on the Coast Guard's Deepwater acquisition program. On January 
30, 2007, the Subcommittee met to receive a status update on 
the Deepwater acquisitions. On March 8, 2007, the Subcommittee 
met to consider the Bush administration's fiscal year 2008 
budget request for the U.S. Coast Guard, and also received 
testimony from the Coast Guard, the DHS IG, and the GAO on the 
Deepwater acquisition program. On June 12, 2007, the 
Subcommittee met to receive an initial update from the Coast 
Guard Commandant on the service's implementation of the changes 
the Commandant had announced to the management of the Deepwater 
contract.
    On April 18, 2007, the Committee on Transportation and 
Infrastructure convened a hearing to review the results of an 
investigation of the Deepwater program conducted by Committee 
investigative staff. This investigation closely examined the 
multiple factors that contributed to the failure of the effort 
to lengthen the 110-foot patrol boats to 123 feet, including 
limited oversight exercised by Coast Guard acquisition 
management officials, rigid adherence to schedule, and 
contractor self-certification.
    In the 111th Congress, on March 23, 2009, Subcommittee 
Chairman Elijah E. Cummings introduced H.R. 1665, the ``Coast 
Guard Acquisition Reform Act of 2009'', which is incorporated 
into Title V. On March 24, 2009, the Subcommittee held a 
hearing to review the changes the Service had implemented in 
its acquisition management processes since 2007, and to examine 
H.R. 1665.
    Title V responds directly to the issues that the Committee 
on Transportation and Infrastructure and the Subcommittee have 
examined in five hearings conducted during the 110th and 111th 
Congresses. It also requires the implementation of acquisition-
related policies and procedures and personnel standards that 
will build on the acquisition reform efforts the service has 
already undertaken.

Title VI--Maritime workforce development

    Title VI of H.R. 3619 amends title 46, United States Code, 
to direct the Secretary of Transportation to establish a 
maritime career recruitment, training, and loan program.
    According to statistics released by the Maritime 
Administration in 2007, 95 percent of U.S. foreign trade is 
moved by ship--and foreign trade has comprised an increasing 
share of our national Gross Domestic Product (GDP) in recent 
years. Thus, while foreign trade (including all imports and 
exports) comprised 13 percent of GDP in 1990, it comprised 
nearly 22 percent of national GDP in 2006 and is projected to 
potentially comprise as much as 35 percent of national GDP by 
2020. In 2007, the Maritime Administration reported that the 
U.S. marine transportation system ``supports 13 million 
jobs.''\5\
---------------------------------------------------------------------------
    \5\Maritime Administration, The Maritime Administration and the 
U.S. Marine Transportation System: a Vision for the 21st Century, 5 
(November 2007).
---------------------------------------------------------------------------
    While the ongoing global economic downturn has had an 
impact on world and U.S. shipping volumes, these declines are 
expected to be temporary and volumes are expected to rebound 
after economic growth resumes. Additionally, the newly expanded 
Panama Canal will open in 2014 allowing significantly larger 
vessels to call on East Coast ports, provided that port 
infrastructure is upgraded to accommodate such vessels.
    When the U.S. water transportation sector resumes its 
growth, the industry may face a labor shortage--particularly in 
on-the-water jobs--that could leave the United States without 
the labor the nation needs to meet the demands that renewed 
growth in the maritime industry will create. In October 2007, 
the Coast Guard indicated at a hearing convened by the 
Subcommittee to examine trends in the maritime workforce that 
there were more than 130,000 unlicensed mariners with merchant 
mariner documents and more than 212,500 licensed mariners in 
the United States. The average age of a merchant mariner with a 
Master's license was 51, and the average age of a Chief 
Engineer was 50. At that time, more than 28 percent of inland 
pilots and captains were over the age of 55 and would be 
eligible to retire in the next five years.
    Additionally, the 1995 Amendments to the Convention on the 
Standards of Training, Certification, and Watchkeeping have 
imposed significant new standards for training and continuing 
education on mariners around the world, including in the United 
States. The 1995 Amendments entered into force on February 1, 
1997, and all mariners were required to comply with the 1995 
Amendments by February 1, 2003. U.S. mariners are subject to 
the 1995 Amendments if they sail beyond the U.S. boundary line 
(the boundary line separates the bays, harbors, and other 
inland waters from the ocean) on commercial vessels, even if 
the vessel is not on a voyage to a foreign country. Mariners 
are exempt from the requirements if they sail on vessels less 
than 200 gross tons on domestic voyages that begin and end in a 
U.S. port.
    The 1995 Amendments were adopted to improve safety in the 
maritime industry by ensuring that mariners are adequately 
trained for the positions they fill and, thus, that human 
factors will be reduced as the cause of maritime accidents. 
However, these requirements have also had the effect of 
imposing expensive and time-consuming training requirements on 
mariners, particularly on those who are looking to upgrade a 
document or license to move up the career ladder. In essence, 
the 1995 Amendments created unfunded training and certification 
mandates for unlicensed mariners who had traditionally 
progressed to licensed officer positions through on-the-job 
training. The new standards raised the bar for new workers 
seeking to advance in a maritime career, and have caused a 
significant number of older workers to retire early.
    The costs of obtaining a Master's or Mate's license can be 
as much $26,000, with specialized training and certifications, 
due to the training requirements mandated by the 1995 
Amendments. Employers in the maritime industry have 
traditionally provided little or no funding to help employees 
cover the costs of training, and there is growing concern 
within the maritime industry that the cost and complexity of 
meeting 1995 Amendment requirements for license renewals and/or 
upgrades is reducing the pool of potential seafarers.
    Importantly, maritime training programs are unique, and are 
unlike typical two- or four-year educational programs. Maritime 
training programs courses can be multi-week or multi-month 
programs and mariners take such classes on a frequent basis to 
obtain certification in a specific new qualification. Due to 
the short course length and the frequency of enrollment in new 
courses, the costs of these programs are not easily served by 
existing student loan programs.
    In the 110th Congress, the Subcommittee held a hearing to 
consider trends in the maritime workforce on October 17, 2007. 
The Subcommittee received testimony on trends and innovations 
in mariner education and assessed how growing workforce 
shortages will affect the maritime industry and U.S. trade. The 
hearing also considered the possible impact of various factors 
on workforce shortages, including wage levels; lifestyle 
challenges associated with employment in the maritime industry; 
and training requirements imposed by the Standards of Training, 
Certification, and Watchkeeping Convention.

Title VII--Coast Guard modernization

    Title VII of H.R. 3619 implements a reorganization of the 
Coast Guard's senior leadership as proposed by the Coast 
Guard's Commandant, Admiral Thad W. Allen. It also requires the 
Coast Guard to modernize its management of its marine safety 
program and to establish marine safety as a core mission with 
rigorous qualifications for marine safety personnel.
    Specifically, H.R. 3619 elevates the Vice Commandant to a 
full four-star Admiral, eliminates the Atlantic and Pacific 
Area Commands, and establishes four, three-star Admiral 
positions to lead the operational and policy divisions of the 
Coast Guard. The four positions created include: Deputy 
Commandant for Mission Support; Deputy Commandant for 
Operations and Policy; Commander, Force Readiness Command; and 
Commander, Operations Command.
    The Coast Guard has argued that reorganization of the 
senior leadership will create a modernized command structure 
that will support the service's ongoing efforts to create and 
implement uniform policies and procedures at all levels.
    H.R. 3619 also establishes marine safety as a core mission 
of the Coast Guard. Further, it establishes qualifications for 
the Assistant Commandant for Marine Safety, and sets minimum 
qualifications for marine safety staff. In addition, the bill 
authorizes the creation of Centers of Expertise for marine 
inspection and investigation, as well as a marine industry 
training program, which will facilitate industry training 
through an exchange of Coast Guard and industry personnel. H.R. 
3619 requires the development of a long-term strategy for 
improving vessel safety, the establishment of measurable goals, 
and the submission of a progress assessment and report to 
Congress. The bill also ensures that those handling waivers and 
appeals of marine safety issues are qualified marine safety 
staff.
    Since the transfer of the U.S. Coast Guard to DHS, the 
Coast Guard has focused a great deal of its effort and 
resources on maritime security. Unfortunately, other important 
core missions, particularly its marine safety responsibilities, 
have not received the attention or resources needed to ensure 
the safety of the public. The Coast Guard acknowledged the 
shortcomings in a report by former Vice Admiral Card entitled 
``Marine Safety Analysis: An Independent Assessment and 
Suggestions for Improvement'', and the service subsequently 
published the ``Marine Safety Performance Plan'' in November 
2008 that outlines steps that the Coast Guard intends to take 
to improve the marine safety program.
    The problems with the Marine Safety Mission have also been 
examined in a number of hearings held by the Subcommittee, 
including a hearing convened on April 10, 2008, entitled 
``Cosco Busan and Marine Casualty Investigation Program.'' 
During that hearing, the Subcommittee met to receive a report 
from the DHS IG, entitled ``Allision of the M/V Cosco Busan 
with the San Francisco-Oakland Bay Bridge.'' This report was 
completed pursuant to a December 4, 2007 request of Speaker of 
the House Nancy Pelosi and Subcommittee Chairman Elijah E. 
Cummings.
    The DHS IG was very critical of the Coast Guard's 
investigation of this marine casualty. The DHS IG found that 
five of the six individuals assigned to marine casualty 
investigator billets were not qualified for those positions; 
all three of the individuals who responded to the Cosco Busan 
were not qualified as marine casualty investigators. Likely as 
a result of inadequate training and experience, and the use of 
inadequate manuals, the investigators who responded to the 
Cosco Busan failed to identify, collect, and secure perishable 
evidence related to this casualty. Additionally, the Coast 
Guard incorrectly classified the investigation of the Cosco 
Busan casualty as an informal investigation rather than a 
formal investigation.
    On May 20, 2008, the Subcommittee met to receive a report 
from the DHS IG, entitled ``United States Coast Guard's 
Management of the Marine Casualty Investigation Program''.\6\ 
The Subcommittee also received testimony from the National 
Transportation Safety Board (NTSB) and the Coast Guard 
regarding which agency should exercise primacy in the conduct 
of marine casualty investigations.
---------------------------------------------------------------------------
    \6\DHS IG, United States Coast Guard's Management of the Marine 
Casualty Investigation Program (May 2008).
---------------------------------------------------------------------------
    The DHS IG testified that its examination of the Coast 
Guard's marine safety program had found that there were 
significant deficiencies in the operations of the program. 
Specifically, the IG stated that the Coast Guard's marine 
casualty investigation program is ``hindered by unqualified 
personnel'', by ``investigations conducted at inappropriate 
levels'', and by ``ineffective management of a substantial 
backlog of investigations needing review and closure.''
    It is the expectation of the Committee that the measures 
set forth in Title VII and Title VIII will establish a firm 
foundation for a robust marine safety program staff by Coast 
Guard officers and members along with civilians who have the 
expertise to carry out the program and the continuity of 
service that provides the public with safe transportation on 
the water.

Title VIII--Marine safety

    Title VIII of H.R. 3619 contains a variety of provisions 
intended to strengthen the Coast Guard's implementation of its 
marine safety functions. These provisions will ensure that the 
Coast Guard maintains a marine safety program that prevents 
casualties from occurring, minimizes the effect of the 
casualty, and maximizes lives saved, if a vessel must be 
abandoned.
    On April 25, 2007, the Subcommittee met to examine the 
safety of U.S. commercial fishing vessels and the extent to 
which the provisions of the Commercial Fishing Industry Vessel 
Safety Act of 1988 (P.L. 100-424) have led to improved safety 
in the industry.
    Commercial fishing is the most hazardous occupation in the 
United States according to the Department of Labor's Bureau of 
Labor Statistics, which has found that the rate of death among 
commercial fishermen is 118 per 100,000 workers. A study 
published by the Coast Guard in 2006 found that between 1994 
and 2004, even as commercial fishing levels declined, 1,398 
commercial fishing vessels were lost, resulting in 641 deaths. 
One of the reasons for such a high casualty rate is because 
fishing vessels, unlike other commercial vessels, are not 
required to be built to standards specified by the Coast Guard, 
crewmembers are generally not required to be licensed or 
documented by the Coast Guard or to complete specific 
professional training courses, and compliance with existing 
regulations regarding life-saving equipment required to be 
carried on board a commercial fishing vessel and the conduct of 
required safety drills is not universal. This hearing examined 
whether safety standards applying to other commercial vessels 
operating in hazardous waters should be applied to commercial 
fishing vessels.
    H.R. 3619 establishes equipment standards for all 
commercial fishing, fish tender, and fish processing vessels 
operating beyond three nautical miles of the coast, and 
clarifies equipment requirements for these vessels. The bill 
also authorizes the Secretary of Homeland Security to require 
vessel owners or managing operators of commercial vessels to 
maintain employment records of seamen for a period of not less 
than five years after the completion of employment, and to make 
the records available to the individual or the Coast Guard upon 
request.
    H.R. 3619 also gives the Coast Guard new authority to 
terminate, for ``unsafe operation'', all vessels subject to 
title 46, and authorizes the Coast Guard to establish standards 
for required marine safety equipment based on performance, best 
available technology, and operational practicality.

Title IX--Cruise vessel safety

    Title IX of H.R. 3619 contains a number of provisions that 
will enhance the safety and security of passengers on board 
cruise vessels.
    As on land, crimes do occur on cruise vessels. Statistics 
suggest that the rate of reported incidents on board cruise 
vessels is low; however, prosecutions for reported incidents 
are also very rare. Additionally, except for U.S.-flagged 
vessels or foreign-flagged vessels operating in an area subject 
to the direct jurisdiction of the United States, there are no 
Federal statutes or regulations that explicitly require cruise 
lines to report alleged crimes to U.S. government officials.
    American citizens who travel on cruise ships are subject to 
the laws of the vessel's flag state, which may not afford to 
them the same rights and protections in the event of a crime 
that would be afforded under U.S. law.
    The Subcommittee held two hearings in 2007 to examine the 
extent of crimes on cruise ships as well as the effectiveness 
of current measures in preventing crimes on cruise ships and in 
ensuring the prosecution of individuals who commit crimes 
against Americans on cruises. Many of the individuals that 
testified before the Subcommittee had been the victims or the 
families of victims of crimes aboard cruise ships. They 
recounted practices, procedures, and responses that did not 
support the effective investigation or prosecution of their 
cases or, in some instances, did not even ensure that they 
received sensitive and supportive care in moments of great 
vulnerability and need.
    Cruise ships with foreign registries are required by law to 
report alleged crimes occurring on board their vessels to U.S. 
authorities when they occur within U.S. territorial waters (see 
33 C.F.R. Sec. 120.220). Under current regulations, cruise 
ships have not been required to report crimes to U.S. 
authorities that occur outside U.S. territorial waters under 
any circumstances (and even if U.S. nationals are involved).
    However, title 18, United States Code, identifies specific 
crimes over which the United States may assert criminal 
jurisdiction under what is known as the Special Maritime and 
Territorial Jurisdiction. Such jurisdiction applies if:
          
 the ship on which the crime occurs--even if 
        is not registered in the United States--is owned in 
        whole or in part by U.S. entities and the ship is in 
        the admiralty and maritime jurisdiction of the United 
        States and out of the jurisdiction of any particular 
        state;
          
 the alleged offense is committed by or 
        against a U.S. national and is committed outside the 
        jurisdiction of any nation;
          
 the crime occurs in U.S. territorial waters, 
        regardless of the registration of the vessel or the 
        nationality of the victim or perpetrator; or,
          
 the victim or perpetrator is a U.S. national 
        on board a vessel during a voyage that departed from or 
        will arrive in a U.S. port.
    If committed under any of the circumstances described 
above, the crimes over which the United States may assert 
jurisdiction include arson, assault, maiming, embezzlement or 
theft, receipt of stolen property, murder, manslaughter, 
attempt to commit murder or manslaughter, kidnapping, malicious 
mischief, robbery and burglary, stowaway, aggravated sexual 
abuse, sexual abuse, abusive contact of a minor or ward, 
abusive sexual contact, terrorism, and transportation for 
illegal sexual activity.
    H.R. 3619 requires that, beginning 18 months after the date 
of enactment of the Act, each vessel to which the section 
applies must comply with specific design and construction 
standards. The vessels must have rails located not less than 42 
inches above the cabin deck, and must have passenger staterooms 
and crew cabins equipped with peep holes or other means of 
visual identification. To the extent that technology is 
available, the vessels must integrate technology that can 
detect when passengers have fallen overboard. The vessel must 
also be equipped with operable acoustic hailing or warning 
devices to provide communication capability around the entire 
vessel when it is operating in high risk waters, as defined by 
the Coast Guard. Beginning on the date of enactment of the Act, 
any vessel the keel of which is laid after the date of 
enactment of the Act must equip passenger staterooms and cabins 
with security latches and time-sensitive key technologies.
    To help combat crimes aboard cruise vessels, H.R. 3619 also 
requires that the owner of a vessel maintain a video 
surveillance system to assist in documenting crimes on the 
vessel and to provide evidence for the prosecution of such 
crimes. In addition, the bill requires owners of vessels to 
employ physicians meeting certain professional qualifications 
and to maintain on the vessel adequate, in-date supplies of 
anti-retroviral medications and other medications designed to 
prevent the transmission of sexually transmitted diseases after 
a sexual assault, as well as equipment and materials for 
performing medical examinations in sexual assault cases. H.R. 
3619 also requires the owner of a vessel to record in a log 
book, either electronically or otherwise, reports on specified 
complaints.
    In addition, the bill requires the owner of a vessel or the 
owner's designee to contact the nearest Federal Bureau of 
Investigation (FBI) Field Office of Legal Attach by telephone 
as soon as possible after the occurrence on board the vessel of 
an incident involving homicide, suspicious death, a missing 
U.S. national, kidnapping, assault with serious bodily injury, 
any offense to which 18 U.S.C. Sec. Sec. 2241, 2242, 2243, or 
2244(a), or (c) applies, firing or tampering with the vessel or 
theft of money or property in excess of $10,000 to report the 
incident.
    These reporting requirements apply to an incident involving 
criminal activity if:
          
 the vessel, regardless of registry, is 
        owned, in whole or in part, by a U.S. person, 
        regardless of the nationality of the victim or 
        perpetrator and the incident occurs when the vessel is 
        within the admiralty and maritime jurisdiction of the 
        United States and outside the jurisdiction of any 
        State;
          
 the incident concerns an offense by or 
        against a U.S. national committed outside the 
        jurisdiction of any nation;
          
 the incident occurs in the Territorial Sea 
        of the United States, regardless of the nationality of 
        the vessel, the victim, or the perpetrator; or
          
 the incident concerns a victim or 
        perpetrator who is a U.S. national on a vessel that 
        departed from or will arrive at a U.S. port.
    The Secretary of Transportation is required to maintain a 
statistical compilation of certain incidents on an Internet 
site that provides a numerical accounting of the missing 
persons and alleged crimes recorded in each report that are no 
longer under investigation. The data shall be updated no less 
frequently than quarterly and aggregated by cruise line (and 
each cruise line shall be identified by name), and by whether 
the crime was committed by a passenger or a crew member. Each 
cruise line taking on or discharging passengers in the United 
States shall include a link on its Internet website to the 
website maintained by the Secretary of Transportation.

Title X--United States mariner protection

    Title X of H.R. 3619 amends title 46 to guarantee to U.S. 
mariners the traditional use of self defense to enable them to 
protect themselves and their vessels against piracy.
    On February 4, 2009, the Subcommittee held a hearing to 
receive testimony regarding international piracy. The purpose 
of this hearing was to gather information on the causes and 
extent of piracy and to understand its effect on international 
shipping. As of that date, no U.S.-flagged vessels had been 
attacked or seized by pirates. However, the expansion of 
international piracy--particularly in the Horn of Africa 
region--threatened to raise the costs of transporting goods 
through that highly traveled region at a time of significant 
distress in the world economy. On May 20, 2009, the 
Subcommittee held a follow-up hearing to receive testimony 
regarding recent acts of piracy against U.S.-flagged vessels 
and the lessons to be learned from these attacks.
    In July 2009, the International Maritime Bureau Piracy 
Reporting Centre reported the number of worldwide piracy 
attacks doubled to 240 attacks in the first six months of 2009 
compared to 114 for the entire year of 2008. Piracy activity 
off in the Gulf of Aden contributed significantly to this 
upward trend. Worldwide, 78 vessels were boarded, 75 vessels 
were fired upon, and 31 vessels were hijacked. Approximately 
561 crewmembers were taken hostage, 19 were injured, seven were 
kidnapped, six were killed, and eight are missing. The report 
also stated that in the majority of the incidents the attackers 
were heavily armed and that violence against the crewmembers 
continues to rise.
    On April 8, 2009, the U.S.-flagged container ship MV Maersk 
Alabama was attacked and seized by pirates approximately 250 
nautical miles southeast of the Somalia coastline. The vessel, 
manned by 20 U.S. crewmembers, was carrying U.S. government 
food aid to the Kenyan port of Mombasa when it was attacked. 
The ship's captain was subsequently taken hostage by the 
pirates. Special Forces sharpshooters stationed on the USS 
Bainbridge killed the captain's captors, thus securing his 
release.
    On April 14, 2009, the U.S.-flagged vessel, MV Liberty Sun, 
with 20 U.S. crewmembers, was attacked by pirates approximately 
285 miles southeast of the Somali capital of Mogadishu as it 
was on its way to deliver U.S. government food aid to 
destinations along the east coast of Africa. The vessel had 
unloaded part of its food aid cargo in Port Sudan and was en 
route to Mombasa, Kenya, at the time of the attack. Pirates 
fired on the vessel with rocket propelled grenades and AK-47s. 
The crewmembers successfully thwarted the attack, and the 
Liberty Sun continued on its voyage to Kenya.
    H.R. 3619 provides that if an owner, operator, master, 
mariner, or time charterer uses or authorizes the use of force 
to defend a U.S.-flagged vessel against an act of piracy, that 
individual will not be liable for the injury or death caused by 
that use of force to any person that participated in the act of 
piracy. In addition, H.R. 3619 provides that the Secretary of 
the department in which the Coast Guard is operating shall work 
through the International Maritime Organization to establish 
agreements with flag and port States that will promote a 
coordinated action to protect against, deter, and rapidly 
respond to acts of piracy against the vessels of those States 
and in the waters under the jurisdictions.

Title XI--Port security

    Title XI of H.R. 3619 makes a number of improvements to 
port security, including requiring the Secretary of Homeland 
Security to provide a report about its pilot program to test 
access control technologies of TWIC at port facilities and 
vessels in the United States, 120 days after the program is 
completed. Title XI also requires the Commandant of the Coast 
Guard to conduct a program for mobile biometric identification 
in the maritime environment for suspected individuals, 
including terrorists, to enhance border security. Title XI 
further requires the Secretary of Homeland Security to submit a 
report analyzing the threat, vulnerability, and consequences of 
a terrorist attack on gasoline and chemical cargo shipments in 
port activity areas in the United States.
    On April 23, 2007, the Subcommittee conducted a field 
hearing in Baltimore, Maryland, to examine the safety and 
security of Liquefied Natural Gas (LNG) terminals and their 
impact on port operations. This hearing also examined the 
proposed AES Sparrows Point LNG terminal at Sparrows Point in 
the Port of Baltimore.
    The authority to approve or deny the proposed siting of an 
on-shore LNG terminal rests with the Federal Energy Regulatory 
Commission (FERC); however, the Coast Guard assists FERC in 
evaluating proposed sitings by issuing a waterway suitability 
report, which assesses the potential impact of a proposed 
terminal on maritime operations in the vicinity of the proposed 
terminal as well as the security needs and security impacts of 
proposed terminals. The Coast Guard also imposes security zones 
and specific security requirements around the tanker ships that 
service LNG terminals.
    Testimony presented at this hearing indicated that at the 
Cove Point LNG facility in Calvert County, Maryland, the Coast 
Guard had turned some responsibilities for providing waterside 
security around the terminal and tankers over to the terminal 
operator, which had, in turn, contracted with the local 
sheriff's department for security services. The Coast Guard 
indicated this was done to ease the demands placed by LNG 
operations on the Coast Guard's limited resources.
    On May 7, 2007, the Subcommittee convened a field hearing 
in Farmingville, New York, to continue its examination of the 
safety and security of LNG terminals and their impact on port 
operations. The hearing also examined the proposed Broadwater 
floating LNG terminal in Long Island Sound.
    In its Waterway Suitability Report for the proposed 
Broadwater terminal, the Coast Guard indicated that based on 
its current levels of mission activity, Sector Long Island 
alone did not currently have adequate resources to implement 
the measures it considered necessary to manage the risks to 
navigation safety and maritime security associated with the 
proposed terminal; however, the Report noted that some of the 
required resources could be provided by adequately qualified 
State and local authorities. The Chief of Ports and Facilities 
Activities of the Coast Guard testified that given the costs 
associated with conducting waterway assessments for each of the 
approximately 40 proposed terminal projects going through some 
stage of the regulatory process as well as the Coast Guard's 
challenges in identifying resources to provide security around 
proposed terminals it would make sense from the Coast Guard's 
perspective for the United States to have a national LNG 
terminal siting policy, which takes into account the energy 
needs of the country and the Coast Guard's ability to provide 
appropriate security.
    Responding to these findings, H.R. 3619 requires the Coast 
Guard to enforce the security zones imposed around tankers 
containing especially hazardous materials. The bill allows 
State and local law enforcement to be engaged in providing 
waterside security for such terminals through contractual or 
other legal agreements, but requires that if these entities are 
engaged in security activities, they must have the training, 
resources, personnel, equipment, and experience necessary to 
deter a transportation security incident.
    To ensure that the Coast Guard can adequately carry out its 
homeland security responsibilities, H.R. 3619 also authorizes 
the Coast Guard additional maritime security response teams and 
canine detection teams to assist in detecting explosives and 
interdicting drugs.
    H.R, 3619 requires DHS to provide a report on the 
development of the Interagency Operational Centers for Port 
Security required by section 108 of the SAFE Port Act (P.L. 
109-347). These Centers are anticipated to combine 
representatives from the Coast Guard and other federal law 
enforcement entities--including the FBI and Customs and Border 
Patrol--as well as State and local law enforcement entities to 
increase maritime domain awareness and facilitate the sharing 
of intelligence.
    The Subcommittee has heard from a number of mariners, and 
from the organizations that provide support services to 
mariners, that individuals or vessels may be charged hundreds 
of dollars just to be escorted through a port facility when 
they board or depart a vessel. H.R. 3619 addresses this growing 
problem by requiring each facility security plan approved under 
46 U.S.C. 70103(c), to provide a system for seamen, pilots, 
ministers, and labor organizations to pass through secure 
facilities to board and depart vessels in a timely manner and 
at no cost to the individual.

Title XII--Alien smuggling

    H.R. 3619, as amended, finds that alien smuggling by land, 
air, and sea is a global crime that violates the integrity of 
the United States borders, compromises our Nation's sovereignty 
and places the country at risk of terrorist activity. H.R. 3619 
incorporates the text of H.R. 1029, the ``Alien Smuggling and 
Terrorism Prevention Act of 2009'', which passed the House by a 
voice vote on March 31, 2009. The bill ensures that the United 
States takes a comprehensive approach to combating smuggling 
both on land and at sea by authorizing punishment for persons 
who bring, recruit, encourage, transport or harbor an alien 
knowing or in reckless disregard of the fact that the 
individual is without the authority to come to, enter or reside 
in the United States.

Title XIII--Miscellaneous provisions

    Title XIII of H.R. 3619 includes provisions that authorize 
a variety of conveyances. H.R. 3619 also requires an assessment 
of the needs associated with the Coast Guard's presence in high 
latitudes, including icebreaking needs. Finally, H.R. 3619 
places a cap on seaman's penalty wages.

                       Summary of the Legislation


Section 1. Short title

    Section 1 states that the legislation may be cited as the 
``Coast Guard Authorization Act of 2010''.

                         TITLE I--AUTHORIZATION

    Title I authorizes funding levels and end-of-year military 
strength levels and military training student loads for fiscal 
year 2010.

Sec. 101. Authorization of appropriations

    Subsection (1) authorizes approximately $10 billion in 
funding for the necessary expenses of the Coast Guard in fiscal 
year 2010. Of this amount, $6.8 billion is for the Coast 
Guard's Operating Expenses Account. This section requires the 
Coast Guard to provide $1.1 billion for search and rescue 
programs; $802 million for marine safety programs; and $2.27 
billion for paying for ports, waterways and coastal security.
    Subsection (2) authorizes $1.6 billion for the Coast 
Guard's ACI account including approximately $1.2 billion for 
the Integrated Deepwater Systems program for the acquisition 
and construction of new vessels, aircraft, facilities, and 
support systems. This section also authorizes $45 million for 
shore facilities and aids-to-navigation.
    Subsection (3) authorizes $29.7 million for the Coast 
Guard's program to research and develop technologies, measures, 
and procedures to enhance the Coast Guard's capabilities to 
carry out the Service's many missions. The Committee strongly 
believes that this funding should remain under the Coast 
Guard's direct control and that no portion of this funding 
should be transferred to any other entity within DHS. The Coast 
Guard's unique character as a military service with a wide 
scope of regulatory functions requires that this funding be 
available to support missions including: defense readiness; 
search and rescue; marine environmental protection; providing 
aids-to-navigation; fishing safety research; and protecting 
America's maritime homeland security.
    Subsection (4) authorizes $1.36 billion for retired pay, a 
mandatory expenditure.
    Subsection (5) authorizes $16 million for the Federal share 
of costs associated with alteration or removal of bridges that 
have been identified by the Coast Guard as obstructions to 
navigation.
    Subsection (6) authorizes $13 million for environmental 
compliance and restoration at Coast Guard facilities.
    Subsection (7) authorizes $133.6 million for the Coast 
Guard Reserve program.

Sec. 102. Authorized levels of military strength and training

    Section 102 authorizes a Coast Guard end-of-year strength 
of 47,000 active duty military personnel for fiscal year 2010.

                         TITLE II--COAST GUARD

    Title II amends title 14, United States Code, and 
authorizes activities and functions of the Coast Guard.

Sec. 201. Appointment of civilian Coast Guard judges

    Section 201 authorizes the Coast Guard to appoint civilian 
judges to the Coast Guard Appellate Court, which hears appeals 
from courts-martial, as vacancies occur. Civilian judges were 
previously permitted to be appointed to this court by the 
Secretary of Transportation, and this provision provides the 
Secretary of the department in which the Coast Guard is 
operating with the same statutory authority.

Sec. 202. Industrial activities

    Section 202 authorizes Coast Guard industrial activities 
facilities, such as the Coast Guard Yard in Baltimore, 
Maryland, and the Aircraft Repair and Supply Center in 
Elizabeth City, North Carolina, to enter into reimbursable 
agreements to perform work for agencies in the Department of 
Defense.

Sec. 203. Reimbursement for certain medical-related travel expenses

    Section 203 authorizes reimbursement of travel-related 
expenses to Coast Guard personnel and covered beneficiaries 
under 10 U.S.C. Sec. 1072(5) who are stationed on an island in 
the 48 contiguous States when a family member is referred to a 
specialty care provider off-island that is less than 100 miles 
from the location where the beneficiary resides. Currently, 
there is only authorization for such a reimbursement when the 
specialty care provider is located more than 100 miles from the 
beneficiary's residence. Coast Guard families stationed on 
islands do not have the option of driving off-island and, as a 
result, often have to pay expensive flight or ferry costs.

Sec. 204. Commissioned officers

    Section 204 will make permanent the temporary increase in 
the Coast Guard's allowable number of officers from 6,200 to 
6,700, as authorized for fiscal years 2004 through 2006. This 
increase was previously granted as a result of the Service's 
increased homeland security role following the events of 
September 11, 2001.

Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
        (AFRH) system

    Section 205 authorizes Coast Guard veterans to have the 
same access to the AFRH system as retirees from the other 
military services.

Sec. 206. Grants to international maritime organizations

    Section 206 amends 14 U.S.C. Sec. 149 to authorize the 
Coast Guard to provide funds to international maritime 
authorities and organizations that collect and maintain 
international databases. In exchange, the Coast Guard would 
have access to information on foreign vessels and ports 
regarding their global safety and security compliance history. 
This additional information will allow the Coast Guard to make 
more accurate threat assessments.

Sec. 207. Emergency leave retention authority

    Section 207 provides that Coast Guard personnel who work in 
support of a declaration of a major disaster or emergency by 
the President may retain up to a total of 90 days of accrued 
leave. Currently, personnel can only retain up to 60 days of 
accrued leave at the end of the fiscal year.

Sec. 208. Enforcement Authority

    Section 208 makes a technical correction to transfer from 
title 46 to title 14, United States Code, a provision regarding 
the Coast Guard's law enforcement authorities at onshore 
facilities.

Sec. 209. Repeal

    Section 209 repeals 14 U.S.C. Sec. 216, which pertains to 
the ranking of warrant officers; this provision is obsolete.

Sec. 210. Merchant Mariner Medical Advisory Committee

    Section 210 authorizes the Secretary of the department in 
which the Coast Guard is operating to appoint a Merchant 
Mariner Medical Advisory Committee to advise the Secretary 
regarding issues relating to the medical certification of 
merchant mariners, including physical qualifications for 
operators of commercial vessels. Ten members of the 14 member 
committee shall be health care professionals with expertise 
regarding the medical examination of merchant mariners or 
occupational medicine, and four shall be professional mariners 
with experience in mariner occupational requirements.

Sec. 211. Reserve commissioned warrant officer to lieutenant program

    Section 211 authorizes the President to promote a 
commissioned Coast Guard warrant officer in regular and reserve 
service to the grade of lieutenant on a temporary basis in 
accordance with the needs of the Service.

Sec. 212. Enhanced status quo officer promotion system

    Section 212 provides the Coast Guard with the authority to 
retain and promote officers that have specialized skills to 
meet the needs of the Coast Guard. The current Coast Guard 
promotion system provides the Coast Guard with generalists, and 
does not readily allow for officer specialties. The 2002-2003 
Officer Corps Management System study found that there is an 
increasing need in the officer corps for specialists. The 
Committee recommends that the Coast Guard use this authority to 
significantly increase the number of individuals with 
specialized experience and knowledge in Coast Guard mission 
areas.

Sec. 213. Laser training system

    Section 213 requires the Coast Guard to test an integrated 
laser system for training Coast Guard personnel on the use of 
automatic weapons and M-16 rifles on small Coast Guard vessels 
on the Great Lakes. The Secretary of the department in which 
the Coast Guard is operating is also required to submit a 
report to Congress on the costs and benefits of using a laser 
training system for Coast Guard personnel both on the Great 
Lakes and nationally.

Sec. 214. Coast Guard vessels and aircraft

    Section 214 expands 14 U.S.C. Sec. 637(c), to include, 
within the definition of an authorized vessel or aircraft, any 
other vessel or aircraft on government noncommercial service 
when the vessel or aircraft is under the tactical control of 
the Coast Guard, and at least one member of the Coast Guard is 
on the vessel or aircraft conducting a Coast Guard mission.

Sec. 215. Coast Guard District ombudsmen

    Section 215 requires the appointment of a Coast Guard 
District Ombudsman in each Coast Guard district. Those 
individuals appointed as District Ombudsmen must have 
experience in port and transportation systems, and maritime 
commerce. The purpose of the District Ombudsmen will be to 
resolve disputes between the Coast Guard and ports, labor, 
shipowners, and terminal operators regarding requirements 
imposed or services provided by the Coast Guard. The District 
Ombudsmen shall develop guidelines regarding the types of 
disputes with respect to which the ombudsman can provide 
assistance; priority shall be given to petitioners who believe 
they will suffer a significant hardship as the result of 
implementing a Coast Guard requirement or being denied a Coast 
Guard service. The District Ombudsman is empowered to consult 
with Coast Guard personnel, and review any document that will 
aid an investigation. Complaints are to be addressed within 
four months of being submitted to the District Ombudsman.

Sec. 216. Coast Guard commissioned officers: compulsory retirement

    Section 216 requires any regular commissioned officer, 
except a commissioned warrant officer, who serves in a grade 
below rear admiral (lower half) to be retired on the first day 
of the following month when the officer becomes 62 years of 
age.
    This section requires regular commissioned officers with 
the grade of rear admiral (lower half) and above to be retired 
on the first day of the following month when the officer 
becomes 64 years of age.
    Notwithstanding this requirement, section 216 allows for 
the retirement of an officer under paragraph (1) to be 
deferred: by the President, if the date does not extend past 
the first day of the following month when the officer becomes 
68 years of age; or by the Secretary of the department in which 
the Coast Guard is operating if the deferment does not extend 
past the first day of the following month when the officer 
becomes 66 years of age.

Sec. 217. Enforcement of coastwise trade laws

    Section 217 authorizes Coast Guard officers and members to 
enforce coastwise trade laws (the ``Jones Act''), particularly 
with regard to vessels that support the exploration, 
development, and production of oil, gas and mineral resources 
in the Gulf of Mexico.

Sec. 218. Academy nominations

    Section 218 amends 14 U.S.C. Sec. 182(a) to establish a 
Congressional nominations process for the Coast Guard Academy. 
This section also requires the Secretary of the department in 
which the Coast Guard is operating to establish a minority 
recruiting program at the Coast Guard Academy for prospective 
candidates.

Sec. 219. Report on sexual assaults in the Coast Guard

    Section 219 requires the Commandant of the Coast Guard 
(Commandant) to submit an annual report to the House Committee 
on Transportation and Infrastructure and the Senate Committee 
on Commerce, Science and Transportation on sexual assaults 
involving members of the Coast Guard.

Sec. 220. Home port of Coast Guard vessels in Guam

    Section 220 amends 14 U.S.C. Sec. 96 to extend requirements 
that vessels home-ported in any state of the United States be 
repaired in U.S. shipyards to such vessels home-ported in Guam. 
This section also includes Guam as a geographic location where 
Coast Guard vessels can be overhauled, repaired, or maintained 
in a shipyard.

Sec. 221. Minority serving institutions

    Section 221 requires the Coast Guard to establish a 
management internship program at Coast Guard headquarters or 
regional offices for students from Minority Serving 
Institutions (MSI), and authorizes the appropriation of $2 
million to support the program.
    This section requires the Commandant to create a component 
of the College Student Pre-Commissioning Program, through which 
students receive a scholarship for part of their college 
expenses in return for a service commitment as an officer in 
the Coast Guard, at MSIs. Section 221 requires the 
establishment of an MSI Aviation Officer Corps Initiative to 
increase the diversity of the Coast Guard's Aviation Officer 
Corps; $3 million is authorized to carry out this section.
    Section 221 also requires the Commandant to establish a 
Coast Guard Laboratory of Excellence-MSI Cooperative Technology 
Program at three MSIs, and authorizes the heads of the 
laboratories established under this section to establish 
partnerships with the private sector, including small and 
disadvantaged businesses. H.R. 3619 authorizes $2.5 million to 
carry out this program.
    In addition, section 221 defines the term ``minority 
serving institution'' as a historically Black college or 
university, a Hispanic-serving institution, a Tribal College or 
University, a Predominantly Black institution, or a Native 
American-serving non-tribal institution.

                   TITLE III--SHIPPING AND NAVIGATION

    Title III amends statutes relating to shipping and 
navigation in U.S. waters.

Sec. 301. Goods and Services

    Section 301 clarifies that non-Federal sales taxes on goods 
and services may be levied upon, or collected from, vessels 
when the vessel is operating on any navigable water subject to 
the authority of the United States.

Sec. 302. Seaward extension of anchorage grounds jurisdiction

    Section 302 extends the Coast Guard's authority to 
establish anchorage grounds for vessels from three nautical 
miles to 12 nautical miles, and also increases the civil 
penalty fines imposed for a violation of rules concerning the 
anchorage grounds from $100 to up to $10,000, with each day of 
a continuing violation constituting a separate violation. The 
amount of the penalty was last adjusted in 1915.

Sec. 303. Maritime Drug Law Enforcement Act amendment--simple 
        possession

    Section 303 establishes a civil penalty offense for simple 
possession of a controlled substance on a vessel subject to the 
jurisdiction of the United States. The civil penalty shall be 
up to $10,000 for each violation.

Sec. 304. Technical amendments to tonnage measurement law

    Section 304 makes technical amendments to laws regarding 
the tonnage measurement of vessels.

Sec. 305. Adjustment of liability limits for natural gas deepwater 
        ports

    Section 305 authorizes the Secretary to establish a limit 
of liability of not less than $12 million for LNG deepwater 
ports.

Sec. 306. Period limitations for claims against oil spill liability 
        trust fund

    Section 306 reduces the period that claims for removal 
costs can be filed against the Oil Spill Liability Trust Fund 
from six years to three years.

Sec. 307. Merchant mariner document standards

    Section 308 requires the Secretary of the department in 
which the Coast Guard is operating to report, not later than 
270 days after the date of enactment, to the appropriate 
committees of the House and Senate regarding: a plan for 
processing TWIC by mail; the feasibility of redesigning 
merchant mariner documents to comply with 46 U.S.C. Sec. 70105, 
including a biometric identifier, and all relevant 
international conventions, including International Labor 
Organization Convention 185 concerning seafarer identity; and 
whether such a consolidated document would eliminate the need 
for separate credentials, background screening, and application 
processes that are associated with multiple documents.

Sec. 308. Report on Coast Guard determinations

    Section 308 requires the Secretary of Homeland Security to 
provide a report on: the loss of shipyard jobs and industrial 
base expertise resulting from rebuild, conversion, and double-
hull work on U.S.-flag Jones Act vessels that has been 
performed in foreign shipyards; the enforcement of Coast 
Guard's rebuilding determination regulations; and 
recommendations for improving the transparency in the Coast 
Guard's foreign rebuild determination process.

Sec. 309. Ship emission reduction technology demonstration project

    Section 309 requires the Commandant to study and report on 
the methods and best practices for reducing exhaust emissions 
from cargo and passenger ships that operate in U.S. waters, and 
identify Federal, State and local laws, regulations or other 
requirements that affect the ability of any entity to 
effectively demonstrate onboard technology for reduction of 
contaminated exhaust emissions.

Sec. 310. Phaseout of vessels supporting oil and gas development

    Section 310 authorizes foreign flag vessels to be chartered 
for a limited period to set, relocate, or recover anchors or 
other mooring equipment of a mobile offshore drilling unit that 
is located over the outer Continental Shelf for operations to 
support the exploration, or flow testing and stimulation of 
wells for offshore mineral or energy resources in the Beaufort 
Sea or the Chukchi Sea adjacent to Alaska.

Sec. 311. Arctic marine shipping assessment implementation

    Section 311 requires the Secretary of the department in 
which the Coast Guard is operating to work through the 
International Maritime Organization to establish agreements to 
promote coordinated action between the United States, Russia, 
Canada, Iceland, Norway, and Denmark and other seafaring and 
Arctic nations to ensure, in the Arctic: that aids-to-
navigation are placed and maintained; there are appropriate 
icebreaking escort, tug, and salvage capabilities and oil spill 
prevention and response capability; maritime domain awareness 
is maintained, including long-range vessel tracking; and search 
and rescue capability is available.
    Section 311 authorizes $5 million for each of fiscal years 
2011 through 2015 for seasonal operations in the Arctic; $10 
million for each of fiscal years 2012 through 2015 to carry out 
cooperative agreements, contracts, or other agreements with, or 
make grants to, individuals and governments; and $5 million for 
each of fiscal years 2011 through 2015 to conduct demonstration 
projects to reduce emissions or discharges from vessels 
operating in the Arctic.
    Section 311 also requires the Commandant to conduct a 
comparative cost-benefit analysis of rebuilding, renovating, or 
improving the existing fleet of icebreakers or constructing new 
icebreakers for operation by the Coast Guard. The cost-benefit 
analysis should also include the Coast Guard's ability to 
maintain a presence in the Arctic regions through 2020 if 
constructing new or improving the existing ice breakers is not 
fully funded.
    The Commandant is also to submit a report containing the 
results of the High Latitude Study assessing Arctic ice-
breaking mission requirements 90 days after the date of 
enactment of this Act or the date on which the study is 
completed, whichever occurs later.
    The term ``Arctic'' is to have the same meaning as in 
section 112 of the Arctic Research and Policy Act of 1984 (15 
U.S.C. Sec. 4111).

Sec. 312. Supplemental positioning system

    Section 312 requires the Secretary of the department in 
which the Coast Guard is operating to establish enhanced LORAN 
(eLORAN) as the supplemental navigation system for the United 
States. The Secretary must also submit a plan and timeline for 
modernizing the remaining LORAN-C stations, and a cost estimate 
for modernizing LORAN-C infrastructure to meet eLORAN 
specifications. The section prohibits the Secretary from 
terminating or decommissioning the LORAN-C program until 30 
days after the Secretary certifies that the eLORAN system is 
operational to the House Committee on Transportation and 
Infrastructure and the Senate Committee on Commerce, Science 
and Transportation.

Sec. 313. Dual escort vessels for double hulled tankers in Prince 
        William Sound, Alaska

    Section 313 amends section 4116(c) of the Oil Pollution Act 
of 1990 (46 U.S.C. Sec. 3703 note; P.L. 101-380) to require 
double-hulled tankers to be escorted by at least two towing 
vessels or other vessels considered to be appropriate by the 
Secretary of the department in which the Coast Guard is 
operating. The amendment will take effect 90 days after the 
date of enactment of this Act. The Committee believes that the 
protections established under the Oil Pollution Control Act for 
Prince William Sound should be extended to double-hulled 
tankers.

                    TITLE IV--GREAT LAKES ICEBREAKER


Sec. 401. Short title

    Section 401 states that the title may be cited as the 
``Great Lakes Icebreaker Replacement Act''.

Sec. 402. Findings

    Section 402 finds that five of the Coast Guard's Great 
Lakes icebreaking assets are nearing the end of their useful 
lives, and two other buoy tenders have experienced difficulty 
in heavy ice conditions. The section also notes that U.S.-
flagged vessels operating on the Great Lakes during the spring 
of 2008 suffered more than $1.3 million in hull damages because 
the Coast Guard could not adequately respond to heavy icing 
conditions that occurred that year. This section also finds 
that during the 2006-2007 ice season on the Great Lakes, 
shipments of iron ore, coal and limestone exceeded 20 million 
tons; the transportation of iron ore supported 100,000 jobs at 
steel mills and 300,000 jobs at supplier industries; and 6.4 
million tons of coal kept the Great Lakes region supplied with 
electricity.

Sec. 403. Authorization for appropriations

    Section 403 authorizes $153 million for the design and 
construction of a new replacement icebreaker for the Great 
Lakes.

                      TITLE V--ACQUISITION REFORM


Sec. 501. Short title

Section 501 states that the title may be cited as the ``Coast Guard 
        Acquisition Reform Act of 2009''.

Sec. 502. Definitions

    Section 502 defines the following terms: appropriate 
congressional committees; commandant; Level 1 acquisition; 
Level 2 acquisition; and life-cycle costs.

Sec. 511. Procurement structure

    Section 511 prohibits the use of an LSI beginning 180 days 
after the date of enactment of the Act. This section allows the 
Coast Guard to continue to use an LSI after the date that is 
180 days after the date of enactment of the Act for the 
completion of National Security Cutters 2 and 3, and the 
National Distress and Response System Modernization Program 
(known as Rescue 21), which are on-going acquisitions. The 
Coast Guard is also permitted to use a LSI after the date that 
is 180 days after the date of enactment of the Act for certain 
other on-going acquisition efforts.
    However, all exemptions for the use of a lead systems 
integrator except for National Security Cutters 2 and 3 and the 
Rescue 21 program expire on September 30, 2011; after that 
date, no private sector LSI can be used. The prohibition on the 
use of a private sector LSI could take effect earlier if the 
Commandant certifies to the appropriate congressional 
committees that the Coast Guard has available the personnel and 
expertise within the service or through the use of contracts 
with private sector entities or agreements with other Federal 
agencies to enable it to perform the lead systems integration 
function itself.
    This section also requires full and open competition for 
contracts issued by the Coast Guard and any lead systems 
integrator employed by the Coast Guard.

Sec. 521. Operational requirements

    Section 521 requires the Coast Guard to establish specific 
operational requirements for a new acquisition before awarding 
a production contract for the acquisition. The Coast Guard must 
also enable a full assessment of the trade-offs among 
performance, cost, and schedule to be made.

Sec. 522. Required contract terms

    Section 522 requires the Commandant to put certain terms in 
all contracts for acquisitions with costs equal to or exceeding 
$10 million. Under this provision, all certifications regarding 
contractor performance shall be made by the Coast Guard or an 
independent third-party; self-certification of compliance with 
performance requirements is not allowed. In addition, all 
contracts must designate the Coast Guard as the final technical 
authority for all requirements and shall measure the 
performance of contractors and subcontractors on the status of 
actual work performed, including the extent to which the work 
met cost and schedule requirements. TEMPEST\7\ standards for an 
asset shall be those in use by the Navy for the type of asset 
for which the TEMPEST test is required. Moreover, for contracts 
for an Offshore Patrol Cutter (a large cutter--but slightly 
smaller than the National Security Cutters), the contracts 
shall specify the service life, hull fatigue life, and days 
underway under specific sea conditions the ship will be built 
to meet.
---------------------------------------------------------------------------
    \7\TEMPEST (not an acronym--it is a formerly classified DOD code 
word from the 1950s) is the short name referring to investigation, 
study, and control of compromising emanations from telecommunications 
and Automated Information Systems requipment. TEMPEST testing is 
comprised of visual and instrumented inspections to ensure compliance 
with emission security requirements.
---------------------------------------------------------------------------

Sec. 523. Life-cycle cost estimates

    Section 523 requires the Coast Guard to develop life-cycle 
cost estimates for projects that are expected to equal or 
exceed $10 million and to have an expected service life of 10 
years.
    The section also requires the Coast Guard to develop 
independent life-cycle cost estimates for acquisitions that 
have total acquisition costs exceeding $100 million, or total 
life-cycle costs exceeding $300 million. These life-cycle costs 
estimates must be updated as the acquisition prepares to cross 
each acquisition milestone.

Sec. 524. Test and evaluation

    Section 524 requires the Coast Guard to develop and approve 
a formal Test and Evaluation Master Plan (TEMP), which will 
guide all developmental and operational testing on acquisitions 
with total acquisition costs exceeding $100 million, or total 
life-cycle costs exceeding $300 million.
    As part of the TEMP, the service is required to identify 
and resolve any safety concerns with new assets. A safety 
concern is defined as any hazard that is likely to cause 
serious bodily injury or death to a Coast Guard member or that 
could cause major damage to the asset. If such problems are 
found before a contract for the production of an asset is 
issued, they must be resolved before a contract is issued or, 
if a contract for any level of production is issued before they 
are resolved, the safety concerns must be reported to Congress 
along with an explanation of why the service is proceeding with 
a contract for any level of production of the asset before the 
issue is resolved, together with an explanation of how it will 
be resolved. If a safety concern is found in an asset already 
in some level of production, the service shall communicate the 
concern to Congress and explain how it will be resolved.

Sec. 525. Capability standards

    Section 525 imposes requirements on specific asset types. 
First, the section requires that all new vessels, other than 
the National Security Cutter (which is already under 
construction), be classified by the American Bureau of 
Shipping. In addition, it requires that TEMPEST testing be 
performed by an authorized independent third party. Before a 
contract is signed to resolve the hull fatigue issues with 
National Security Cutters 1 and 2, the Coast Guard must provide 
to Congress a description of the measures that will be 
performed and conduct a cost-benefit analysis of the measures. 
It also requires that aircraft be assessed by a third party for 
airworthiness.

Sec. 526. Acquisition program reports

    Section 526 requires the Coast Guard to report to Congress 
on any acquisition with total acquisition costs exceeding $100 
million, or total life-cycle costs exceeding $300 million. The 
report must contain: key performance parameters the asset will 
be built to achieve; systems with which the asset will be 
interoperable; anticipated unit cost for the asset; and a 
detailed schedule for the asset's acquisition process showing 
when the asset will be completed and when it will be fully 
deployed.

Sec. 527. Undefinitized contractual actions

    Section 527 prohibits the Coast Guard from entering into an 
undefinitized contractual action unless it is approved by the 
Head of Contracting Activity of the Coast Guard. Undefinitized 
contractual actions are procurements for which the contractual 
terms, specifications, or price are not agreed upon before the 
performance of the contract is begun.
    If an undefinitized contractual action is approved, this 
section sets specific conditions on such actions, including how 
much money can be paid to a contractor before the contract is 
definitized. Exceptions are provided for contracting actions 
relating to contingency operations, operations in response to 
emergency situations, and operations in response to disasters 
designated by the President under the Stafford Act.

Sec. 528. Guidance on excess pass-through charges

    Section 528 requires the Commandant to issue guidance to 
ensure that excessive pass-through charges are not paid by the 
Coast Guard to an LSI for work performed by subcontractors. 
Excessive pass-through charges are defined as charges to the 
Government by a contractor or subcontractor that are overhead 
or profit on work performed by a lower-tier subcontractor, 
other than reasonable charges for the direct costs of managing 
the lower-tier subcontractors.

Sec. 529. Acquisition of major capabilities: alternatives analysis

    Section 529 requires that, before the Coast Guard acquires 
an asset that is experimental or technically immature, or that 
has total acquisition costs exceeding $100 million or total 
life-cycle costs exceeding $300 million, the service must 
commission, from a third-party, an alternatives analysis of the 
asset to be acquired.
    The section specifies what the alternatives analysis must 
cover, including: an assessment of the technical maturity of 
the asset; whether different quantities or combinations of 
assets could meet the service's mission needs; the safety 
record of the asset; and the full life-cycle costs of the 
asset.

Sec. 530. Cost overruns and delays

    Section 530 specifies that for any acquisition with total 
acquisition costs exceeding $100 million, or total life-cycle 
costs exceeding $300 million, the Coast Guard must report to 
Congress when a cost overrun of greater than 10 percent is 
likely to occur, a delay of more than 180 days is likely to 
occur, or a failure for a new asset or class of assets is 
anticipated. The report must include a description of the cause 
of the reportable event, and a plan for fixing the issue.
    If an acquisition with total acquisition costs exceeding 
$100 million, or total life-cycle costs exceeding $300 million, 
is likely to experience a cost breach of more than 20 percent 
or a delay of more than 12 months, the Coast Guard must certify 
that: the asset is essential to the service; there are no 
alternatives to the asset; new cost or schedule estimates are 
reasonable; and the management structure for the asset is 
adequate.

Sec. 531. Report on former Coast Guard officials employed by 
        contractors to the agency

    This section requires GAO to report annually on those Flag-
level officers and Members of the Senior Executive Service who 
have left the Coast Guard within the past five years, and are 
now receiving compensation for employment with a Coast Guard 
contractor.
    A Coast Guard contractor is defined as any person receiving 
at least $10 million in contractor awards from the Coast Guard.

Sec. 532. Department of Defense consultation

    Section 532 requires the Commandant to make arrangements, 
as appropriate, for assistance in contracting and acquisition 
programming with the Secretary of Defense.

Sec. 541. Chief Acquisition Officer

    Section 541 establishes the Chief Acquisition Officer 
position within the Coast Guard. The section requires that the 
person appointed to the position be either a Rear Admiral or a 
civilian member of the Senior Executive Service. It requires 
that the person appointed to the position have a program 
manager Level III certification and 10 years of acquisition 
experience, of which at least four shall have been spent 
managing a program with total acquisition costs exceeding $100 
million, or total life-cycle costs exceeding $300 million. 
Further, this section requires that all Flag-level officers 
serving in the Acquisition Directorate meet these same 
standards. The section lists those types of positions (such as 
program executive officer, program manager, and deputy program 
manger) that constitute qualifying experience. These 
requirements become effective beginning October 1, 2011 (which 
is the same date as when the use of an LSI is fully 
prohibited).
    This section also requires that design and related 
acquisition issues elevated to the Chief Acquisition Officer 
for resolution be reported to Congress within 45 days of the 
elevation.

Sec. 542. Improvements in Coast Guard acquisition management

    Section 542 makes a number of changes in the Coast Guard's 
management of its acquisition personnel and policies, 
including:
    It requires that anyone assigned to be the program manager 
of a program with total acquisition costs exceeding $100 
million or total life-cycle costs exceeding $300 million be a 
Level III certified program manager. In addition, the 
Commandant must maintain all technical authorities for projects 
with total acquisition costs exceeding $100 million or total 
life-cycle costs exceeding $300 million. It requires the 
Commandant to designate a sufficient number of positions in the 
acquisition workforce and ensure that individuals assigned to 
these positions have the expertise to carry them out. It also 
requires the Coast Guard to report annually on the adequacy of 
its acquisition workforce to meet anticipated acquisition 
workloads in the coming year. Further, this section states that 
no preference for military personnel shall be shown in 
appointments to the acquisition workforce, and this section 
requires the Commandant to ensure that appropriate career paths 
are available for military and civilian personnel in the 
acquisition workforce. The section requires the Coast Guard to 
take into account the need to maintain a balanced workforce in 
the acquisition field, so that women and members of racial and 
ethnic minorities are appropriately represented. Finally, this 
section requires the Coast Guard to issue guidance for major 
systems acquisition programs on the qualifications, 
responsibilities, tenure, and accountability of program 
managers, and to develop a comprehensive strategy to enhance 
the role of program managers.

Sec. 543. Recognition of Coast Guard personnel for excellence in the 
        acquisition

    Section 543 requires the Commandant to implement a program 
to recognize excellent performance by individuals and teams 
that have contributed to the long-term success of a Coast Guard 
acquisition effort.

Sec. 544. Coast Guard acquisition workforce expedited hiring authority

    Section 544 allows the Commandant to designate acquisition 
positions as ``shortage category positions'' and to use the 
authorities in 5 U.S.C. Sec. Sec. 3304, 5333, and 5753 to 
recruit and appoint highly qualified people directly to these 
positions. This provision sunsets on September 30, 2012.

                TITLE VI--MARITIME WORKFORCE DEVELOPMENT


Sec. 601. Short title

    Section 601 states that the title may be cited as the 
``Maritime Workforce Development Act''.

Sec. 602. Maritime education loan program

    Subsections (a) through (d) amend title 46 by adding a new 
section 51705, which establishes a program that would make 
loans available to eligible students to fund their training in 
the maritime industry. The Secretary of Transportation is 
required to carry out the program established by this section, 
acting through the Administrator of the Maritime 
Administration. The Secretary is also directed to develop an 
application process and allocate loans based on a student's 
needs.
    Subsection (e) authorizes the Secretary of Transportation 
to designate Federal, State, commercial training institutions, 
and nonprofit training organizations as institutions eligible 
to participate in the maritime loan program; however, 
undergraduate students at the U.S. Merchant Marine Academy are 
not eligible for loans. In designating eligible institutions, 
the Secretary of Transportation is required to consider 
geographic diversity and the scope of classes offered by 
institutions and to ensure that eligible institutions have the 
ability to administer the loan program and meet all 
requirements to provide Coast Guard approved-training. The 
Secretary may also exclude maritime training institutions from 
participating in the loan program if they had severe 
performance deficiencies, including deficiencies demonstrated 
by audits or program reviews conducted within the five previous 
years. In addition, those maritime training institutions with 
delinquent or outstanding debts to the United States are 
excluded from participation in the loan program. Further, the 
Secretary may exclude those institutions that have failed to 
comply with quality standards established by the Department of 
Labor, the Coast Guard or a State, and those institutions that 
fail to meet other criteria established by the Secretary to 
protect the financial interest of the United States.
    Subsection (f) allows the Secretary of Transportation to 
obligate up to 50 percent of funds appropriated during a fiscal 
year to the loan program to provide loans to undergraduate 
students at State maritime academies. Students receiving loans 
must maintain a cumulative C or equivalent average or academic 
standing consistent with the graduation requirements of the 
academy they are attending.
    Subsection (g) limits loans to an individual student to 
$15,000 per calendar year, or $60,000 in the aggregate. This 
subsection further specifies that loans may only be used at 
designated training institutions for postsecondary expenses 
including books, tuition, required fees, travel to and from the 
institution, and room and board.
    Subsection (h) establishes eligibility requirements for 
students seeking a loan under the program. To be eligible for a 
loan, students must be able to hold a license or merchant 
mariner document issued by the Coast Guard; meet the enrollment 
criteria of a designated maritime training institution; and 
sign an agreement requiring the student to complete his/her 
course of study and subsequently maintain a license or document 
and serve as an officer or unlicensed mariner in the merchant 
marine on a documented vessel or vessel owned and operated by 
the United States for at least 18 months of sea service, 
including service on ocean-going vessels, on the inland and 
coastal waterways, on the Great Lakes, or in a maritime 
industry position requiring a license or document--following 
the date of graduation. Students must also provide such 
information as the Secretary may require from the student.
    Subsection (i) requires that loans be evidenced by a 
written agreement between the student borrower and the 
Secretary of Transportation. This written agreement must 
provide for the repayment of the loan principal and any 
origination fees in equal installments payable quarterly, 
bimonthly, or monthly at the student's option over a period 
beginning nine months from the date on which the student 
completes or discontinues the course of study for which the 
student received the loan; repayments shall be completed within 
10 years. The written agreement must also provide for 
acceleration of repayment at the option of the student; provide 
the loan without security; provide that the liability to repay 
the loan shall be cancelled upon the death of the student 
borrower; contain a notice of the system through which 
information about default on the loan shall be provided to 
credit bureaus; and include provisions for the deferral of 
repayment as determined by the Secretary.
    This subsection also details the rates of interest that 
will be assessed on loans (these rates will vary depending on 
when the first disbursement of funds is made) and written 
disclosures that must be made to a loan recipient.
    This subsection authorizes the Secretary of Transportation 
to require any student borrower in default on a loan to pay 
reasonable collection costs, and to repay the loan pursuant to 
an income contingent repayment plan. The Secretary is also 
authorized to prescribe regulations reducing interest rates or 
origination fees as appropriate to encourage on-time loan 
repayment; such reductions may be offered only if they are cost 
neutral, and in the best financial interest of the United 
States.
    This subsection requires the Secretary to exercise due 
diligence in collecting loan repayments, including garnishing a 
loan recipient's wages if necessary. The subsection authorizes 
the Secretary to enter into a contract or other arrangement 
with a State or nonprofit agency and, on a competitive basis, 
with collection agencies to ensure the servicing and collection 
of loans.
    Subsection (j) requires the Secretary to establish a 
revolving loan fund that shall consist of loan and interest 
repayments received from borrowers and other monies paid by, or 
on the behalf of, individuals under the loan program. The funds 
available in the revolving loan fund are to be available 
without further appropriation to cover the administrative costs 
of the loan program, and to make loans under the program.
    Subsection (k) requires the Secretary to submit an annual 
report that details the number of students who received loans 
in the previous year, the total amount of loans dispersed in 
the previous year, and the total amount of loans that are in 
default.
    Subsection (l) authorizes the appropriation of $10 million 
in each of fiscal years 2010 through 2015 to pay for loans 
under the loan program, and of $1 million to cover the 
administrative expenses of this program.
    Section 602 also adds section 51706, Maritime recruitment, 
training, and retention grant program, to title 46.
    Subsection (a) requires that not later than one year after 
the date of enactment of this Act, and at least once every 
three years thereafter, the Maritime Administration shall 
publish a plan that describes the demonstration, research, and 
multistate project priorities of the Department of 
Transportation concerning merchant mariner recruitment, 
training, and retention for the three-year period following the 
date of the publication of the plan. The plan shall contain 
strategies and identify potential projects to address merchant 
mariner recruitment, training, and retention issues in the 
United States.
    In developing this plan, the Secretary of Transportation 
shall consult with representatives of the maritime industry, 
labor organizations, other governmental entities and parties 
with an interest in the maritime industry. The plan shall 
consider, among other things, the results of existing research 
on these topics as well as the benefits of economies of scale 
and the efficiency of potential projects.
    Subsection (b) authorizes the Secretary to award grants to 
a maritime training institution to support demonstration 
projects that will implement the priorities identified in the 
Maritime Administration's plan on mariner recruitment, 
training, and retention. The Secretary shall establish 
guidelines and requirements to govern the award of grants on a 
competitive basis.
    Maritime training institutions wishing to apply for grants 
under this program must submit a grant proposal that includes, 
at a minimum, information demonstrating the estimated 
effectiveness of the proposed project as well as a method by 
which the effectiveness of the project can be evaluated.
    Projects eligible to receive grant funding may include: the 
establishment of maritime technology skills centers to meet the 
unmet skills needs of the maritime industry; projects that 
provide training to maritime workers, promote the use of 
distance learning among maritime workers using the internet or 
other technologies, and that provide services to support the 
recruitment to the maritime industry of youth residing in 
targeted high poverty areas within empowerment zones and 
enterprise communities; the establishment of partnerships with 
national and regional organizations that have special expertise 
in developing, organizing, and administering merchant mariner 
recruitment and training services, and with maritime training 
programs that foster technical skills and operational 
productivity in communities with economies related to or 
dependent on the maritime industry.
    Subsection (c) authorizes the Secretary to award grants to 
support projects that will: design, develop and test a variety 
of ways of providing services to recruit, retain, or train 
people in one or more targeted populations; test various 
training approaches to determine effective practices; or 
develop and replicate service delivery strategies throughout 
the maritime industry as a whole. Research projects and 
multistate or regional projects are eligible to receive grants. 
The Secretary shall establish guidelines and requirements and 
award grants on a competitive basis.
    Subsection (d) authorizes the appropriation of $10 million 
in each of fiscal years 2010 through 2015 to support the award 
of grants and of $1 million to cover the costs of administering 
this program.

                  TITLE VII--COAST GUARD MODERNIZATION


Sec. 701. Short title

    Section 701 states that this title may be cited as the 
``Coast Guard Modernization Act of 2009''.

                   Subtitle A--Coast Guard Leadership


Sec. 711. Admirals and Vice-Admirals

    Section 711 implements a reorganization of the Coast 
Guard's Senior Leadership, as proposed by the Coast Guard 
Commandant, Admiral Thad W. Allen. H.R. 3619 elevates the Vice 
Commandant to a full four-star Admiral, eliminates the Atlantic 
and Pacific Area Commands, and establishes four, three-star 
Admiral positions to lead the operational and policy divisions 
of the Coast Guard. These four positions include: a Deputy 
Commandant for Mission Support; a Deputy Commandant for 
Operations and Policy; a Commander, Force Readiness Command; 
and a Commander, Operations Command.
    In addition, section 711 requires that either the Deputy 
Commandant for Operations and Policy or the Assistant 
Commandant for Marine Safety, Security and Stewardship have a 
minimum of 10 years of experience in vessel inspection, 
casualty investigation, mariner licensing or equivalent 
technical expertise, and at least four years of experience at a 
leadership level at a marine safety unit.

                Subtitle B--Marine Safety Administration


Sec. 721. Marine safety

    Section 721 adds a new section to chapter 5 of title 14 
specifically establishing marine safety as a core mission of 
the Coast Guard.

Sec. 722. Marine safety staff

    Section 722 adds three new sections to chapter 3 of title 
14 that establish positions and qualifications for the marine 
safety workforce; authorize the establishment of ``centers of 
expertise for marine safety;'' and establish an industry 
training program for marine safety personnel.

Sec. 723. Marine safety mission priorities and long-term goals

    Section 723 requires the Secretary of the department in 
which the Coast Guard is operating to develop a long-term 
strategy to improve vessel safety and the safety of individuals 
on vessels, and to submit annually a plan and schedule to 
achieve specific goals, including reducing the number of marine 
casualties and identifying and targeting enforcement efforts on 
high-risk vessels and operators. The section outlines specific 
goals to be included in the strategic plan.

Sec. 724. Powers and duties

    Section 724 establishes the powers and duties of the senior 
marine safety officer, who acts as an advisor to the 
Commandant. These powers and duties include: regulating, 
inspecting, measuring, and overseeing the manning of vessels; 
approving the material, equipment, appliances and associated 
equipment on vessels; investigating marine casualties; 
licensing and documenting merchant mariners; overseeing State 
boating safety programs; administering navigation rules; 
preventing pollution; overseeing ports and waterways safety; 
overseeing the management of waterways and of aids-to-
navigation; and other duties as assigned.

Sec. 725. Appeals and waivers

    Section 725 requires that the individual, whether a Coast 
Guard officer or a civilian, adjudicating an appeal of a 
decision regarding marine safety shall be a qualified 
specialist, with training and experience in marine safety 
sufficient to judge the facts and circumstances of the appeal. 
If the individual does not have such expertise, the individual 
must have a senior staff member who possesses the required 
expertise advise on and concur, in writing, with the decision.

Sec. 726. Coast Guard Academy

    Section 726 requires the Coast Guard to establish as part 
of the Coast Guard Academy curriculum professional courses of 
study in marine safety that cover the program's history, vessel 
design and construction, vessel inspection, casualty 
investigation, administrative laws and regulations.

Sec. 727. Report regarding civilian marine inspectors

    Section 727 requires the Commandant to report to Congress 
on the Coast Guard's efforts to recruit and retain civilian 
marine inspectors and investigators, and the impact of such 
recruitment on Coast Guard organizational performance.

                       TITLE VIII--MARINE SAFETY


Sec. 801. Short title

    Section 801 states that the title may be cited as the 
``Maritime Safety Act of 2009''.

Sec. 802. Vessel size limits

    Section 802 allows fishing vessels in the rationalized 
Bering Sea/Aleutian Islands pollock fishery to be documented 
with a fishery endorsement, if the vessel is a rebuilt or a 
replacement vessel of a vessel that is authorized to hold a 
Federal fishery permit under the American Fisheries Act, 
notwithstanding current limits on length, tonnage, and 
horsepower. This section does not alter the fishery quotas 
established through the Federal fisheries management process.

Sec. 803. Cold weather survival training

    Section 803 requires the Coast Guard to report on the 
efficacy of cold water survival training in Coast Guard 
District 17 (Alaska) during the preceding five years. The 
report shall include plans for conducting such training in 
fiscal years 2010 through 2013.

Sec. 804. Fishing vessel safety

    Section 804 establishes safety equipment standards for all 
commercial fishing, fish tender, and fish processing fishing 
vessels operating beyond three nautical miles of the coast, and 
clarifies the equipment requirements for these vessels. In 
addition, section 804 establishes design and construction 
standards for all new vessels. New fishing and fish tender 
vessels, and fishing or fish tender vessels that undergo a 
``major conversion'' as defined in 46 U.S.C. Sec. 2101(14a), 
operating beyond three nautical miles of the coast and over 50 
feet in length, will need to be ``classed'' by the American 
Bureau of Shipping or an equivalent classification society. 
``Classification'' provides evidence that a vessel is 
mechanically and structurally fit for the intended service. New 
fishing and fish tender vessels, operating beyond three 
nautical miles of the coast, less than 50 feet in length, are 
required under this section to meet the standards required of 
recreational vessels under 46 U.S.C. Sec. 4302, that provide an 
equivalent level of safety. New fishing vessels over 79 feet in 
length would be required to have a ``load line''. The Secretary 
is authorized to examine vessels that operate beyond three 
nautical miles of the coast to ensure compliance with safety 
regulations.
    Existing fishing vessels that do not undergo a major 
conversion after the date of enactment of this Act are not 
required to meet any classification requirement. However, 
beginning January 1, 2020, fishing vessels that are at least 50 
feet in length, built before 2010, and 25 years old or older 
will be required to meet an alternate compliance program 
established by the Secretary of Homeland Security. The 
Secretary is required to prescribe the alternate compliance 
program standards by January 1, 2017.
    This section also authorizes and requires a training 
program for the operators of fishing vessels that operate 
beyond three miles off the coast. The program is to be based on 
professional knowledge, hands-on training, and will give credit 
for recent past experience. Individuals who successfully 
complete the program will receive a certificate, and will need 
to complete refresher training at least once every five years 
to keep the certificate current. Individuals who hold a mariner 
license and can demonstrate equivalent training, while 
encouraged to obtain the training described, should not be 
required to do so.
    The requirements developed by the Coast Guard for the 
approval of the structured, shore-side training course must 
include specific elements listed in this section, and a 
suitable rigorous test covering each of these enumerated 
elements should be administered. The student must pass an 
examination for each of the items addressed as well as a final 
test and skill demonstration at the course end covering the 
elements of each of the areas specified. Upon successful 
completion of the Coast Guard approved training program, the 
training provider will issue a certificate of completion in the 
format prescribed in the Coast Guard course approval 
regulations or associated guidance documents. The training 
program developed by the Coast Guard should include an 
oversight and audit program to assure that the courses 
delivered by the approved training providers meet the stated 
approval requirements.
    While section 804 does not address fishermen's physical 
condition or drug and alcohol testing, physical fitness for 
work and drug and alcohol testing are critical to a safe 
working environment, and the Committee believes that 
responsible vessel operators should make such considerations 
part of their normal business practices. The protocols for 
drug/alcohol testing programs are well-established and 
successful in the other commercial maritime shipping 
communities. Similarly, the prevention of workplace injury and 
operational accidents from slips, falls, and man-overboard 
accidents should be addressed in an operator's safety program.
    Section 804 also establishes two grants programs. This 
section authorizes the Secretary of the department in which the 
Coast Guard is operating to establish Fishing Vessel Safety 
Grants, to fund training of operators and crew of commercial 
fishing vessels. It is the intent of the Committee that these 
grants be available to programs and individuals who provide 
training for both operators and crewmembers of commercial 
fishing vessels. The grants are to be awarded on a competitive 
basis to organizations or individuals that are approved by the 
Secretary and that provide hands-on, skills-based training. 
This section further authorizes the Secretary to establish 
Fishing Safety Research Grants, to provide funding for research 
on methods to improve the safety of commercial fishing, 
specifically including investigation of enhanced vessel 
monitoring systems. Additional funding for this program is 
added to the Coast Guard's Research and Development 
authorization in section 101(3) of this Act.

Sec. 805. Mariner records

    Section 805 authorizes the Secretary to require vessel 
owners or managing operators of commercial vessels to maintain 
employment records of seamen for a period of not less than five 
years after the completion of employment, and to make the 
records available to the individual or the Coast Guard on 
request.

Sec. 806. Deletion of exemption of license requirement for operators of 
        certain towing vessels

    Section 806 strikes an exemption for licensing of operators 
of vessels engaged in the offshore mineral and oil industry 
when the vessel has offshore mineral and oil industry sites or 
equipment as its ultimate destination or place of departure. 
Section 8905(b) of title 46 currently exempts operators of 
certain vessels from U.S. Coast Guard licensing requirements. 
This exemption creates a potential serious threat to 
navigational safety.

Sec. 807. Log books

    Section 807 requires log books on all manned inspected 
vessels; currently, they are required for vessels on foreign or 
coastwise voyages. This section also identifies new 
circumstances when information must be added to the log book.

Sec. 808. Safe operations and equipment standards

    Section 808 adds two new sections to chapter 21 of title 
46. New section 2116 authorizes the Coast Guard to ``terminate 
for unsafe operation'' all vessels subject to title 46. 
Currently, there are similar provisions for ``recreational 
vessels'' and ``uninspected commercial fishing industry 
vessels''. This new provision would permit those authorized to 
enforce title 46 to terminate a voyage when a vessel is not in 
compliance with an issued certificate, or is being operated in 
an unsafe way or manner that creates an especially hazardous 
condition.
    New section 2117 authorizes the Coast Guard to establish 
standards for required marine safety equipment based on 
performance, best available technology, and operational 
practicality. The section also authorizes the Coast Guard to 
establish similar standards for safety equipment that is not 
required to be carried, and requires that the Coast Guard 
review and revise the standards every 10 years.

Sec. 809. Approval of survival craft

    Section 809 prohibits the Secretary of the department in 
which the Coast Guard is operating from approving as a 
``survival craft'' a device that does not support the 
individuals it is certified to carry when those individuals are 
out of the water. For instance, a six-person device must be 
able to support six persons out of the water, while a 25-person 
device must be able to support 25 persons out of the water.
    This section does not stipulate the vessels that must carry 
survival craft, and does not require that all survival craft be 
inflatable, since designs may be developed in the future for 
rigid survival craft that are capable of supporting individuals 
out of the water. Moreover, this section allows the use of 
existing approved survival craft that do not provide out-of-
the-water protection for up to five years provided the 
equipment is in good and serviceable condition.

Sec. 810. Safety management

    Section 810 authorizes the Secretary of the department in 
which the Coast Guard is operating to require ``Safety 
Management Systems'' on passenger vessels and small passenger 
vessels based on the number of passengers that could be killed 
or injured in a marine casualty. A ``Safety Management System'' 
requires vessel owners to document operational policy, chain of 
authority, and operational and emergency procedures that 
specify responsibilities of the owner or operator, managers, 
and masters. Such Systems must also outline procedures for 
management review, internal audits, and the correction of 
identified problems. This section does not require the Coast 
Guard to apply the International Safety Management System to 
these vessels. Instead, the Coast Guard is required to consider 
the characteristics, methods of operation, and nature of the 
service of these vessels when prescribing the safety management 
regulations.

Sec. 811. Protection against discrimination

    Section 811 allows maritime workers who lose their jobs or 
are discriminated against because they report safety violations 
to the Coast Guard to use the same Department of Labor 
complaint process that is currently available to commercial 
drivers, railroad workers, and aviation workers. The section 
also clarifies the whistleblower protections provided in the 
Coast Guard Authorization Act of 2002. This section expands 
these protections to cover a broader scope of work related 
issues, such as cooperating with a safety investigation 
conducted by the NTSB.

Sec. 812. Oil fuel tank protection

    Section 812 requires that new U.S. flag vessels built after 
the date of enactment be constructed with double hulls 
surrounding the fuel oil tanks, in accordance with 
international standards.

Sec. 813. Oaths

    Section 813 repeals 46 U.S.C. Sec. Sec. 7105 and 7305, 
which require the applicant to appear in person to take an 
oath.

Sec. 814. Duration of credentials

    Section 814 permits the holder of a merchant mariner 
document or license to renew the document in advance of the 
expiration of an existing document, but delays the effective 
date until the previous document expires.

Sec. 815. Fingerprinting

    Section 815 eliminates duplicate fingerprinting 
requirements for merchant mariners who have already been 
fingerprinted in connection with obtaining a TWIC.

Sec. 816. Authorization to extend the duration of licenses, 
        certificates of registry, and merchant mariners' documents

    Section 816 permits the Secretary of the department in 
which the Coast Guard is operating to extend for up to one 
year, a license, certificate of registry or a merchant 
mariner's document, if the Secretary determines that the 
extension would eliminate a backlog in processing applications.

Sec. 817. Merchant mariner documentation

    Section 817 requires the Secretary of the department in 
which the Coast Guard is operating to develop an interim 
clearance procedure that will allow the issuance of a merchant 
mariner document to a new-hire on an off-shore supply or towing 
vessel, provided the Secretary makes a preliminary 
determination that the individual does not pose a safety and 
security risk.

Sec. 818. Merchant mariner assistance report

    Section 818 requires the Coast Guard to report to the 
appropriate committees of the House and Senate, not later than 
180 days after the date of enactment of this Act, on plans to: 
(1) expand the streamlined evaluation that was implemented at 
Houston Regional Exam Center; (2) simplify the application 
process of seamen and merchant mariner documents; (3) provide 
notice to an applicant of the status of a pending application; 
and (4) ensure that information collected from applicants is 
retained in a secure electronic format.

Sec. 819. Offshore supply vessels

    Section 819 eliminates the tonnage cap that currently 
applies to Offshore Supply Vessels (i.e., vessels that support 
offshore oil and gas exploration and production), thus allowing 
an increase in the size of these vessels to meet the needs of 
the industry as these operations move farther offshore and into 
harsher environments. This section also establishes an hours-
of-service watch system for large offshore supply vessels, and 
requires a minimum of one mate on all offshore supply vessels.

Sec. 820. Associated equipment

    Section 820 amends the definition of ``associated 
equipment'', which excludes all radio equipment, and authorizes 
the Coast Guard to require that recreational vessels be 
equipped with emergency locator beacons.

Sec. 821. Lifesaving devices on uninspected vessels

    Section 821 amends the existing requirements for lifesaving 
devices on uninspected vessels by authorizing the Coast Guard 
to require lifesaving devices on all uninspected vessels. The 
current statute applies only to uninspected vessels propelled 
by machinery; as a result, under current law, barges, dredges 
and similar vessels are exempt from any lifesaving equipment 
requirement.

Sec. 822. Study of blended fuel in marine application

    Section 822 authorizes the Coast Guard to conduct a study 
and report to Congress on safety and performance issues 
involving the use of blended gasoline in marine applications. 
There are a number of reports of vessels, both recreational and 
commercial, using gasoline as a fuel and subsequently suffering 
failure of critical fuel system components. In addition, there 
appears to be an increase in the number of fires and explosions 
on recreational and commercial vessels. The study authorized by 
this section will examine the extent to which blended fuels 
have contributed to component failures, fires, and explosions.

Sec. 823. Renewal of Advisory Committees

    Section 823 amends existing legislation to extend from 
September 30, 2010 to September 30, 2020, the termination date 
of the following advisory committees: 46 U.S.C. Sec. 9307(f)(1) 
(Great Lakes Pilotage Advisory Committee); 46 U.S.C. Sec. 13110 
(National Boating Safety Advisory Council); section 19 of the 
Coast Guard Authorization Act of 1991 (Lower Mississippi River 
Waterway Safety Advisory Committee); 33 U.S.C. Sec. 1231a 
(Towing Safety Advisory Committee); and 33 U.S.C. Sec. 2073 
(Navigation Safety Advisory Council). This section also makes 
several other minor amendments.

                     TITLE IX--CRUISE VESSEL SAFETY


Sec. 901. Short title; table of contents

    Section 901 specifies that the title may be cited as the 
``Cruise Vessel Security and Safety Act of 2009''.

Sec. 902. Findings

    Section 902 presents several findings regarding crime 
aboard cruise ships.

Sec. 903. Cruise vessel security and safety requirements

    Section 903 adds a new section 3507 to title 46.
    Subsection (a) requires that beginning 18 months after the 
date of enactment of the Act, each vessel to which the section 
applies must comply with specific design and construction 
standards. The vessels must have rails located not less than 42 
inches above the cabin deck, and must have passenger staterooms 
and crew cabins equipped with peep holes or other means of 
visual identification. To the extent that technology is 
available, the vessels must integrate technology that can 
detect when passengers have fallen overboard. The vessels must 
also be equipped with operable acoustic hailing or warning 
devices to provide communication capability around the entire 
vessel when it is operating in high risk waters as defined by 
the Coast Guard.
    Immediately upon enactment of the Act, any vessel, the keel 
of which is laid after the date of enactment of the Act, must 
equip passenger staterooms and cabins with security latches and 
time sensitive key technologies.
    Subsection (b) requires that the owner of a vessel to which 
the section applies shall maintain a video surveillance system 
to assist in documenting crimes on the vessel, and to provide 
evidence for the prosecution of such crimes. Any law 
enforcement official performing official duties in the course 
and scope of an investigation shall be provided access by the 
ship owner to a copy of all video records generated by the 
surveillance system upon request.
    Subsection (c) requires that the owner of a vessel to which 
the section applies shall provide, in each passenger stateroom, 
information regarding the locations of the U.S. consulate and 
the U.S. embassy for each country the vessel will visit during 
its voyage.
    Subsection (d) requires that the owner of a vessel to which 
the section applies shall maintain on the vessel adequate, in-
date supplies of anti-retroviral medications and other 
medications designed to prevent the transmission of sexually 
transmitted diseases after a sexual assault. The vessel must 
also maintain equipment and materials for performing medical 
examinations in sexual assault cases and to evaluate the 
patient for trauma, provide medical care, and preserve 
evidence. Further, there must be available at all times on the 
vessel's medical staff who possess a current physician's or 
registered nurse's license; who have either at least three 
years of post-graduate or post-registration clinical practice 
in general and emergency medicine or board certification in 
emergency medicine, family practice medicine, or internal 
medicine; and who meet guidelines established by the American 
College of Emergency Physicians, and are able to provide 
assistance in the event of an alleged sexual assault, including 
conducting forensic sexual assault exams and administering 
proper medical treatment to assault victims.
    The vessel owner must prepare and provide to the patient 
and maintain written documentation of the findings of medical 
examinations conducted after an alleged assault, and these 
results must be signed by the patient.
    The vessel owner must also provide to the victim of an 
alleged sexual assault free and immediate access to contact 
information for local law enforcement, the FBI, the Coast 
Guard, the nearest U.S. consulate or embassy, and the National 
Sexual Assault Hotline program or other third party victim 
advocacy hotline service. The vessel owner must also make 
available a private telephone line and Internet-accessible 
computer terminal so that the victim may confidentially access 
law enforcement officials, an attorney, and the information and 
support services available through the National Sexual Assault 
Hotline program or other third party victim advocacy hotline 
service.
    Subsection (e) requires that the master or other individual 
in charge of a vessel to which this section applies shall treat 
information concerning a medical examination performed 
following an alleged sexual assault confidential so that no 
information may be released to the cruise line or other owner 
of the vessel or any legal representative thereof without the 
prior knowledge and written approval of the patient or the 
patient's next-of-kin as appropriate. However, information 
other than medical findings necessary for the master to comply 
with log book reporting requirements or other reporting 
requirements or to secure the safety of passengers and crew 
members may be released--and information may be released to law 
enforcement officials performing official duties in the course 
and scope of an investigation.
    The master or other individual in charge of a vessel to 
which this section applies must also treat information derived 
from post-assault counseling or other supportive services as 
confidential. No information may be released to the cruise line 
or any legal representative of the cruise line without the 
prior knowledge and written approval of the patient or the 
patient's next-of-kin as appropriate.
    Subsection (f) requires that the owner of a vessel to which 
this section applies shall establish and implement procedures 
and restrictions concerning which crewmembers have access to 
passenger staterooms, the period during which they have access, 
and shall ensure that the procedures and restrictions are fully 
and properly implemented and periodically reviewed.
    Subsection (g) requires that the owner of a vessel to which 
this section applies shall record in a log book, either 
electronically or otherwise, in a centralized location readily 
accessible to law enforcement a report on all complaints of 
certain crimes, all complaints of theft of property valued in 
excess of $1,000, and all complaints of other crimes committed 
on any voyage that embarks and disembarks passengers in the 
United States. The owner must make the log book available upon 
request to the FBI, the Coast Guard, and any law enforcement 
officer performing official duties in the course and scope of 
an investigation.
    This subsection requires that entries into log books 
recording alleged crimes shall include, at a minimum, the name 
of the vessel operator/cruise line; the flag of the vessel; the 
age and gender of the victim and assailant; the nature of the 
alleged crime; the vessel's position at the time of the 
incident or, if that is not known, the position at the time the 
incident was reported; the time, date, and method of the 
initial report and of the incident; the total number of 
passengers and crew on the voyage; and the case number of the 
report.
    This subsection also requires the vessel's owner or 
designee to contact the nearest FBI Field Office of Legal 
Attache by telephone as soon as possible after the occurrence 
on board the vessel of an incident involving homicide, 
suspicious death, a missing U.S. national, kidnapping, assault 
with serious bodily injury, any offense to which 18 U.S.C. 
Sec. Sec. 2241, 2242, 2243, or 2244(a), or (c) applies, firing 
or tampering with the vessel or theft of money or property in 
excess of $10,000 to report the incident.
    These reporting requirements apply to an incident involving 
criminal activity if:
          
 the vessel, regardless of registry, is 
        owned, in whole or in part, by a U.S. person, 
        regardless of the nationality of the victim or 
        perpetrator and the incident occurs when the vessel is 
        within the admiralty and maritime jurisdiction of the 
        United States and outside the jurisdiction of any 
        State;
          
 the incident concerns an offense by or 
        against a U.S. national committed outside the 
        jurisdiction of any nation;
          
 the incident occurs in the Territorial Sea 
        of the United States, regardless of the nationality of 
        the vessel, the victim, or the perpetrator; or
          
 the incident concerns a victim or 
        perpetrator who is a U.S. national on a vessel that 
        departed from or will arrive at a U.S. port.
    The Secretary of Transportation is required to maintain a 
statistical compilation of certain incidents on an Internet 
site that provides a numerical accounting of the missing 
persons and alleged crimes recorded in each report that are no 
longer under investigation. The data shall be updated no less 
frequently than quarterly and aggregated by cruise line (and 
each cruise line shall be identified by name), and by whether 
the crime was committed by a passenger or a crew member. Each 
cruise line taking on or discharging passengers in the United 
States shall include a link on its Internet website to the 
website maintained by the Secretary of Transportation.
    Subsection (h) states that any person who violates this 
section or a regulation under this section shall be liable for 
a civil penalty of not more than $25,000 for each day during 
which the violation continues, except that the maximum penalty 
will be $50,000. Any person that willfully violates this 
section, or a regulation under the section, shall be fined not 
more than $250,000 or imprisoned not more than one year, or 
both. Further, entry into a U.S. port may be denied to a vessel 
to which this section applies if the owner of the vessel 
commits an act or omission for which a penalty may be imposed 
or fails to pay a penalty imposed on the owner under this 
subsection.
    Subsection (i) requires that within six months of the date 
of enactment of the Act, the Secretary shall issue guidelines, 
training curricula, and inspection and certification procedures 
necessary to carry out the requirements of this section.
    Subsection (j) requires that the Secretary of 
Transportation and the Commandant to each issue regulations 
necessary to implement this section.
    Subsection (k) states that this section and section 3508 
applies to a passenger vessel that is authorized to carry at 
least 250 passengers, has onboard sleeping facilities for each 
passenger, is on a voyage that embarks or disembarks passengers 
in the United States, and is not engaged on a coastwise voyage. 
Title IX does not apply to vessels of the United States, or 
vessels owned and operated by a State.
    Subsection (l) defines the term owner to mean the owner, 
charterer, managing operator, master, or other individual in 
charge of a vessel.
    Section 903 also adds a new section 3508 to title 46.
    Subsection (a) of section 3508 states that the Secretary of 
the department in which the Coast Guard is operating, in 
consultation with the Director of the FBI and the Administrator 
of the Maritime Administration, shall develop training 
standards and curricula to allow for the certification of 
passenger vessel security personnel and crewmembers on the 
appropriate methods for prevention, detection, evidence 
preservation, and reporting of criminal activities in the 
international maritime environment.
    Subsection (b) states that the standards established by the 
Secretary shall include the training and certification of 
vessel security personnel and crewmembers, including 
recommendations for incorporating a background check process 
for personnel trained and certified in foreign countries. The 
standards shall also include the training of students and 
instructors in all aspects of the prevention and detection of 
crime and the preservation of evidence.
    Subsection (c) provides that beginning two years after the 
standards are established, no vessel to which the section 
applies may enter a U.S. port on a voyage or voyage segment on 
which a U.S. citizen is a passenger unless there is at least 
one crewmember on board who is certified as having successfully 
completed the required training.
    Subsection (d) states that no vessel to which the 
subsection applies may enter a U.S. port on a voyage or voyage 
segment on which a U.S. citizen is a passenger unless there is 
at least one crewmember on board who is properly trained in the 
prevention and detection of crime and the preservation of 
evidence.
    Subsection (e) provides that any person that violates this 
section or any regulation under this section shall be liable 
for a civil penalty of not more than $50,000.
    Subsection (f) authorizes the Secretary to deny entry into 
the United States to a vessel to which this section applies if 
the owner commits an act or omission for which a penalty may be 
imposed, or fails to pay an imposed penalty.

Section 904. Study and report on the security needs of passenger 
        vessels

    This section requires that, within three months after the 
date of enactment of this Act, the Secretary shall conduct a 
study of the security needs of passenger vessels and report the 
findings of the study to Congress.

               TITLE X--UNITED STATES MARINER PROTECTION


Sec. 1001. Short title

    Section 1001 states that this title may be cited as the 
``United States Mariner and Vessel Protection Act of 2009''.

Sec. 1002. Use of force against piracy

    Section 1002 adds a new section 8107 to title 46. The 
section states that if an owner, operator, master, mariner or 
time charterer uses or authorizes the use of force to defend a 
U.S.-flagged vessel against an act of piracy, that individual 
will not be liable for the injury or death caused by that use 
of force to any person that participated in the act of piracy.

Sec. 1003. Agreements

    Section 1003 states that the Secretary of the department in 
which the Coast Guard is operating shall work through the 
International Maritime Organization to establish agreements 
with flag and port states that will promote a coordinated 
action to protect against, deter and rapidly respond to acts of 
piracy against the vessels of those states, and in the waters 
under the jurisdiction of those states. Additionally, the 
section states that the Secretary shall work to ensure that 
limitations of liability are established similar to those in 46 
U.S.C. Sec. 8107, as amended by this Act.

                        TITLE XI--PORT SECURITY


Sec. 1101. Maritime homeland security public awareness program

    Section 1101 requires the Secretary of Homeland Security to 
establish a program to seek the cooperation of the commercial 
and recreational boating industries and the public in improving 
awareness of, and reporting potential terrorist activities in, 
the maritime domain.

Sec. 1102. Transportation Worker Identification Credential

    Section 1102 requires the Secretary of Homeland Security to 
submit a report to the appropriate committees of the House and 
Senate, not later than 120 days upon the completion of a pilot 
program to test TWIC access control technologies at port 
facilities and vessels nationwide. The report shall discuss: 
(1) the findings of the pilot program regarding key technical 
and operational aspects of implementing TWIC technologies in 
the maritime sector; (2) a listing of the degree to which the 
established metrics were achieved during the pilot program; and 
(3) an analysis of the viability of those technologies being 
used in the marine environment, including the challenges of 
implementing those technologies and strategies to mitigate the 
challenges identified.
    In addition, this section requires GAO to review the 
Secretary's report, and submit an assessment of the report's 
findings and recommendations to the appropriate committees of 
the House and Senate.

Sec. 1103. Review of interagency operational centers

    Section 1103 requires the DHS IG to submit a report within 
180 days of the enactment of this Act to the appropriate 
committees of the House and Senate concerning the establishment 
of Interagency Operational Centers for Port Security required 
by the SAFE Port Act. The report shall examine: (1) DHS' 
efforts to establish the centers; (2) a construction timeline; 
(3) a detailed breakdown, by center, of the incorporation of 
those representatives required by 46 U.S.C. Sec. 70107A(b)(3); 
(4) hurdles faced during the development of the centers; (5) 
information on the number of security clearances obtained by 
participating State, local and tribal officials; and (6) an 
examination of the relationship between the Interagency 
Operational Centers and State, local, and regional fusion 
centers participating in DHS' Regional Fusion Center Initiative 
under section 511 of the Implementing the Recommendations of 
the 9/11 Commission Act of 2007 (P.L. 110-53).

Sec. 1104. Maritime security response teams

    Section 1104 amends 46 U.S.C. Sec. 70106 by striking the 
current subsection (c) and inserting language requiring that: 
in addition to the maritime safety and security teams, the 
Secretary of the department in which the Coast Guard is 
operating shall establish no less than two maritime security 
response teams to act as the Coast Guard's rapidly deployable 
counterterrorism and law enforcement response units that can 
apply advanced interdiction skills in response to threats of 
maritime terrorism. The teams shall be stationed in a way to 
minimize their response time to any reported maritime terrorist 
threat and to coordinate activities with Federal, State and 
local law enforcement and emergency response agencies.

Sec. 1105. Coast Guard detection canine team program expansion

    Section 1105 requires the Secretary of Homeland Security to 
increase the number of detection canine teams certified by the 
Coast Guard for the purposes of maritime-related security by no 
fewer than 10 teams annually through fiscal year 2012. 
Deployment of the teams will be based on risk, consistent with 
the SAFE Port Act.
    The Secretary shall encourage the use of canine teams by 
the owners and operators of port facilities, passenger cruise 
liners, ocean-going cargo vessels, and other vessels to 
strengthen security on these facilities and vessels.
    The Secretary, acting through the Commandant, shall procure 
canine teams through domestic breeding while meeting the 
Commandant's performance needs and criteria; support the 
expansion and upgrading of existing canine training facilities; 
and partner with other Federal, State or local agencies, 
nonprofit organizations, universities or private sector to 
increase breeding and training capacity for the Coast Guard 
canine detection teams.

Sec. 1106. Coast Guard port assistance program

    Section 1106 amends 46 U.S.C. 70110 to establish a Coast 
Guard port assistance program. The program authorizes the 
Secretary of the department in which the Coast Guard is 
operating to lend, lease, donate or provide equipment not 
required by the Coast Guard for mission performance and to 
provide technical training and support to the foreign ports or 
facilities to bring them into compliance with applicable 
International Ship and Port Facility Code (ISPS) standards.
    The port or facility is required to have a port security 
assessment by the Coast Guard or certified third party entity 
to validate their compliance with ISPS. The assistance provided 
to the facilities will be based on an assessment of the risks 
to United States security, and the inability of the port or 
facility to bring itself into compliance, or to maintain 
compliance.

Sec. 1107. Maritime biometric identification

    Section 1107 requires the Secretary of Homeland Security, 
acting through the Commandant, to conduct a pilot program, in 
the maritime environment, for the mobile biometric 
identification of suspected individuals, including terrorists, 
to enhance border security and other purposes.
    The Secretary shall ensure the program is coordinated with 
other biometric identification programs within DHS, and shall 
evaluate the costs and feasibility of expanding the capability 
to all Coast Guard cutters, stations, deployable maritime teams 
and any other appropriate DHS assets.

Sec. 1108. Review of potential threats

    Section 1108 requires the Secretary of Homeland Security to 
submit a report no later than one year after the date of 
enactment of this Act to the appropriate committees of the 
House and Senate analyzing the threat, vulnerability, and 
consequence of a terrorist attack on gasoline and chemical 
cargo shipments in port areas in the United States.

Sec. 1109. Port security pilot

    Section 1109 requires the Secretary of Homeland Security to 
leverage existing Federal grants to establish a pilot program 
to test and deploy preventive radiological or nuclear detection 
equipment on Coast Guard vessels, and at other selected port 
region locations to enhance border security and for other 
purposes.

Sec. 1110. Seasonal workers

    Section 1110 requires GAO to conduct a study on the effects 
the TWIC requirement has on companies that employ seasonal 
employees. GAO shall submit a report no later than one year 
after the date of enactment of this Act to the appropriate 
committees of the House and Senate giving the results of an 
assessment of: (1) the costs born by companies to obtain TWIC 
cards for seasonal employees; (2) whether the Coast Guard and 
Transportation Security Administration are processing TWIC 
applications expeditiously for seasonal workers; (3) whether 
TWIC costs or other factors have led to a reduction in service; 
(4) the impact of TWIC requirements on the hiring of seasonal 
or other temporary employees; and (5) an assessment of possible 
alternatives to TWIC that may be used for seasonal employees, 
including discussion of the security vulnerabilities created by 
those alternatives.

Sec. 1111. Comparative risk assessment of vessel-based and facility-
        based liquefied natural gas regasification processes

    Section 1111 requires the Secretary of Homeland Security, 
acting through the Commandant, to provide a report no later 
than one year after the date of enactment of this Act to the 
appropriate committees of the House and Senate, which provides 
the findings and conclusions of a comparative risk assessment 
examining the relative safety and security risks associated 
with vessel and facility based natural gas regasification 
processes conducted within three miles from land versus those 
conducted more than three miles from land.

Sec. 1112. Pilot program for fingerprinting of maritime workers

    Section 1112 requires the Secretary of Homeland Security 
within 180 days after the date of enactment of this Act to 
establish procedures to enable individuals required to be 
fingerprinted for TWIC to be fingerprinted at any DHS-operated 
or contracted facility that fingerprints the public for the 
Department. This section will expire December 31, 2012.

Sec. 1113. Transportation security cards on vessels

    Section 1113 clarifies that only mariners who enter secure 
areas of vessels must obtain TWIC cards.

Sec. 1114. International labor study

    Section 1114 requires GAO to conduct a study assessing 
methods to conduct background security investigations of 
individuals who possess biometric identification cards that 
comply with International Labor Convention number 185 and that 
are equivalent to the investigations conducted on individuals 
that apply for a visa to enter the United States.
    The results of the study must be submitted within 180 days 
after the date of enactment of this Act to the appropriate 
committees of the House and Senate.

Sec. 1115. Maritime security advisory committees

    Section 1115 amends 46 U.S.C. 70112 by specifically 
designating entities and organizations to comprise the National 
Maritime Security Advisory Committee. The members shall include 
at least one individual who represents the interests of: port 
authorities, facility owner/operators, terminal owner/
operators, vessel owner/operators, maritime labor 
organizations, academic community, State or local governments 
and maritime industry.
    This section also requires that each Area Maritime Security 
Advisory Committee shall be comprised of individuals who 
represent the interests of the port industry, terminal 
operators, port labor organizations and other users of the port 
areas.
    This section extends the expiration of the National 
Maritime Security Advisory Committee to September 30, 2010.

Sec. 1116. Seaman shoreside access

    Section 1116 requires each facility security plan approved 
under 46 U.S.C. Sec. 70103(c), to provide a system to allow 
seamen, pilots, representatives of seaman's welfare, and labor 
organizations to transit through marine terminals to board or 
exit a vessel in a timely manner at no cost to the individual. 
The Committee has learned that individuals may, at times, be 
charged hundreds of dollars for being provided an escort 
through a secure facility when they board or depart a vessel.

Sec. 1117. Waterside security around especially hazardous materials 
        terminals and tankers

    Section 1117 makes the Commandant of the Coast Guard 
responsible for enforcing security zones established by the 
Coast Guard around terminals and around tankers transporting 
especially hazardous materials. It further restricts a facility 
security plan from being based on the provision by a State or 
local government of waterside security unless the Secretary of 
the department in which the Coast Guard is operating certifies 
that the State or local governments have the training, 
resources, personnel, equipment, and experience necessary to 
successfully deter, to the maximum extent practicable, all 
transportation security incidents, such as a terrorist attack 
on the vessel or facility.
    This section also prohibits the Coast Guard from approving 
a facility security plan for a new especially hazardous 
materials terminal the construction of which is begun after the 
date of enactment of this Act unless the Secretary certifies 
that the Coast Guard sector in which the terminal is located 
has all of the assets it needs to provide waterside security 
around the terminal, including qualified State and local 
resources made available through a security arrangement with 
the facility.

Section 1118. Review of liquefied natural gas facilities

    Section 1118 requires the Secretary of Homeland Security to 
notify the FERC when a determination is made that the waterway 
to a proposed waterside LNG facility is suitable or unsuitable 
for marine traffic for that facility.

Section 1119. Use of secondary authentication for transportation 
        security cards

    Section 1119 authorizes the Secretary of Homeland Security 
to use a secondary authentication system for individuals 
applying for TWIC when fingerprints are unable to taken or 
read.

Section 1120. Report on state and local law enforcement augmentation of 
        Coast Guard resources with respect to security zones and United 
        States ports

    Section 1120 requires the Secretary of the department in 
which the Coast Guard is operating to submit a report to the 
appropriate committees of the House and Senate, not later than 
180 days after the enactment of this act. The report shall 
discuss how much State and local law enforcement entities are 
augmenting Coast Guard resources by enforcing Coast Guard-
imposed security zones around vessels that are transiting to, 
through, or from United States ports and port security patrols. 
The report shall specify the: (1) number of ports in which 
State and local law enforcement entities are being used to 
enforce such Coast Guard-imposed security zones or to conduct 
security patrols in United States ports; (2) number of formal 
agreements entered into between the Coast Guard, and State and 
local law enforcement entities to engage those entities in 
enforcing such Coast Guard-imposed security zones or conducting 
such security patrols; (3) extent to which the Coast Guard has 
set national standards for training, equipment, and resources 
to ensure that State and local law enforcement agencies 
enforcing such Coast Guard-imposed security zones or conducing 
such security patrols can deter a transportation security 
incident; (4) extent to which the Coast Guard has assessed the 
ability of State and local law enforcement entities to carry 
out the assigned security duties they have been engaged to 
perform including their ability to meet any Coast Guard 
established national standards for training, equipment and 
resources to ensure the entities can deter a transportation 
security incident; (5) extent to which State and local law 
enforcement entities are able to meet the Coast Guard 
established national training, equipment and resources 
standard; (6) differences in the Coast Guard's and State and 
local law enforcement's law enforcement authority, in 
particular boarding authority; and (7) extent of resource, 
training and equipment differences between State and local law 
enforcement entities and the Coast Guard units engaged in 
enforcing such Coast Guard-imposed security zones or conducting 
such security patrols.

Section 1121. Assessment of transportation security card enrollment 
        sites

    Section 1121 requires the Secretary of Homeland Security to 
prepare an assessment of the enrollment sites for TWIC not 
later than 30 days after the date of enactment of this Act. The 
assessment should include the feasibility for keeping the 
enrollment sites open after September 23, 2009 and the quality 
of customer service.
    Section 1121 also requires the Secretary to develop 
timelines and benchmarks for implementing the findings of the 
assessment as deemed necessary by the Secretary.

                       TITLE XII--ALIEN SMUGGLING


Sec. 1201. Short title

    Section 1201 states that this title may be cited as the 
``Alien Smuggling and Terrorism Prevention Act of 2009''.

Sec. 1202. Findings

    Section 1202 finds that alien smuggling by land, air, and 
sea is a global crime that violates the integrity of the United 
States borders, compromises our nation's sovereignty, and 
places the country at risk of terrorist activity.

Sec. 1203. Checks against terrorist watchlist

    Section 1203 requires the Secretary of Homeland Security to 
check alien smuggling suspects and smuggled individuals 
interdicted at the land, air and sea borders of the United 
States against all available terrorist watchlists.

Sec. 1204. Strengthening prosecution and punishment of alien smuggling

    Section 1204 amends section 274(a) of the Immigration and 
Nationality (8 U.S.C. Sec. 1324(a)) by changing the subsection 
heading to ``Bringing In, Harboring, and Smuggling of Unlawful 
and Terrorist Aliens.'' This section authorizes punishment for 
persons who, in reckless disregard of the fact that an 
individual is an alien who lacks lawful authority to enter 
into, or reside in, the United States, brings that individual 
to the United States in any manner whatsoever; or recruits, 
encourages, or induces that individual to enter into or reside 
in the United States; or transports or moves that individual 
into the United States in furtherance of their unlawful 
presence; or harbors, conceals, or shields from detection the 
individual in any building or any means of transportation.
    Section 1204 establishes penalties for individuals who 
commit a crime as defined by this section. If the offense 
results in the death of any person, the defendant may be 
subject to the penalty of death or imprisonment for any term of 
years or for life. If the offense involves kidnapping, an 
attempt to kidnap, the conduct required for aggravated sexual 
abuse (as defined by title 18), or an attempt to commit such 
abuse, or an attempt to kill, the defendant may be fined under 
title 18 or imprisoned for any term of years or life, or both. 
If the offense involves an individual whom the defendant knew 
was engaged in or intended to engage in terrorist activity (as 
defined in section 212(a)(3)(B)), the defendant may be fined 
under title 18 or imprisoned not more than 30 years or both. If 
the offense results in serious bodily injury or places in 
jeopardy the life of any person, the defendant may be fined 
under title 18 or imprisoned not more than 20 years or both. If 
the offense was a violation of section 1304 and was committed 
for the purpose of profit or was committed with the intent or 
reason to believe that the individual unlawfully brought to the 
United States would commit an offense against the United States 
or any State that is punishable by imprisonment for more than 
one year, the defendant may be fined under title 18 and 
imprisoned; sentences vary depending on whether it is a first, 
second, or subsequent violation. If the offense involves the 
transit of the defendant's spouse, child, sibling, parent, 
grandparent, niece or nephew, and the offense is not treated by 
any other penalty created by the bill, the defendant may be 
fined under title 18 and imprisoned not more than one year or 
both. In any other case, the defendant may be fined under title 
18 or imprisoned not more than five years or both.
    This section also provides extraterritorial jurisdiction 
over some specified offenses and states that no defense for 
violations that occur on the high seas can be based on 
necessity unless the defendant reported the matter as soon as 
practicable to the Coast Guard and did not bring an alien or 
facilitate the entry of an alien into the United States without 
lawful authority unless exigent circumstances placed the life 
of the alien in danger.
    The section clarifies that it is not a violation of, or a 
conspiracy to, violate specific prohibitions in this title for 
a religious denomination with a bona fide nonprofit or the 
agents or officers of such a denomination to encourage, invite, 
call, allow, or enable an alien who is present in the United 
States to perform the vocation of minister or missionary for 
the vocation as a volunteer who is not a compensated employee, 
notwithstanding the provision of room, board, travel, medical 
assistance and other basic living expenses, provided the 
individual has been a member of denomination for at least one 
year.

Sec. 1205. Maritime law enforcement

    Section 1205 amends 18 U.S.C. Sec. 2237(b) to establish 
penalties for individuals who intentionally violate this 
section.
    This section also establishes penalties of fines, or 
imprisonment for 10 years, or both for committing offenses that 
violate: section 274 of the Immigration and Nationality Act 
(alien smuggling); chapter 77 (peonage, slavery and trafficking 
in persons), section 111 (shipping), 111A (interference with 
vessels), 113 (stolen property), or 117 (transportation for 
illegal sexual activity) of this title; chapter 705 (maritime 
drug law enforcement) of title 46, or title II of the Act of 
June 15, 1917 (Chapter 30; 40 Stat. 220).
    Section 1205 amends section 18 U.S.C. Sec. 2237(c) and 
places limitations on the necessity defense. This section does 
not allow a defendant to offer a necessity defense unless the 
defendant: immediately upon reaching shore delivered the person 
to emergency medical or law enforcement personnel with respect 
to which the necessity arose; immediately reported to the Coast 
Guard the necessity resulting giving rise to the defense; and 
did not bring or attempt to bring or in any manner 
intentionally facilitate the entry of any alien unless exigent 
circumstances existed that place the alien's life in danger.

Sec. 1206. Amendment to the sentencing guidelines

    Section 1206 requires the United States Sentencing 
Commission to review and, if needed, amend the sentencing 
guidelines and policy statements applicable to persons 
convicted of alien smuggling offenses and criminal facility to 
heave to or obstruction of boarding.

                  TITLE XIII--MISCELLANEOUS PROVISIONS


Sec. 1301. Certificate of documentation for GALLANT LADY

    Section 1301 authorizes the Secretary of the department in 
which the Coast Guard is operating to issue a certificate of 
documentation with a limited coastwise endorsement for the 
limited purpose of allowing a vessel, the GALLANT LADY, to host 
charity events in which the vessel's owner receives no 
compensation.

Sec. 1302. Waivers

    Section 1302 authorizes the Secretary of the department in 
which the Coast Guard is operating to issue a certificate of 
documentation with a coastwise endorsement to certain vessels.

Sec. 1303. Great Lakes Maritime Research Institute

    Section 1303 requires the National Maritime Enhancement 
Institute for the Great Lakes region to conduct maritime 
transportation studies. It also authorizes appropriations 
through 2013 to carry out the studies.

Sec. 1304. Conveyance of Coast Guard Boathouse, Nantucket, 
        Massachusetts

    Section 1304 authorizes the Secretary of the department in 
which the Coast Guard is operating to convey the Coast Guard 
Boathouse at Station Brant Point, Nantucket, Massachusetts, to 
the Town of Nantucket, and permits the town to lease the land 
on which the Boathouse resides for a period of up to 25 years.

Sec. 1305. Crew wages on passenger vessels

    Section 1305 places a cap on the liability for cruise ships 
for violation of the double wage penalty law. Current law 
provides that if a shipowner does not pay a seaman what the 
seaman is owed under his employment contract without sufficient 
cause, the shipowner must pay the seaman two days' wages for 
each day he does not pay the seaman the contractual amount. 
This amendment places a cap on class action cases brought for 
non-payment of the contractual wages. The cap provided is ten 
times the unpaid wages that are subject to the claim. A three-
year statute of limitations is also established for class 
action lawsuits filed under the Act.
    This section also authorizes seaman's wages to be paid 
electronically into a financial institution designated by the 
seaman, if the deposits in the financial institution are fully 
guaranteed under commonly accepted international standards by 
the government of the country in which the financial 
institution is licensed.

Sec. 1306. Technical corrections

    Section 1306 makes technical corrections to the Coast Guard 
and Maritime Transportation Act of 2006 (P.L. 109-241).

Sec. 1307. Conveyance of decommissioned Coast Guard Cutter STORIS

    Section 1307 conveys the decommissioned Coast Guard Cutter 
STORIS to the Storis Museum and Maritime Education Center in 
Alaska. This cutter operated in Alaska for decades and this 
provision allows it to remain in Alaska and be used as museum 
and historical display, using the same procedures adopted in 
past conveyances.

Sec. 1308. Conveyance of Coast Guard HU-25 Falcon Jet aircraft

    Section 1308 conveys an excess HU-25 Falcon Jet aircraft 
after it is decommissioned to the Elizabeth City State 
University in North Carolina for educational purposes, using 
the same procedures adopted in past conveyances.

Sec. 1309. Decommissioned Coast Guard vessels for Haiti

    Section 1309 allows the government of Haiti a right-of-
first-refusal for up to 10 Coast Guard 41-foot patrol boats 
when they are decommissioned, provided they are used by the 
Coast Guard of Haiti, and available to the United States in 
time of war or national emergency.

Sec. 1310. Phaseout of vessels supporting oil and gas development

    Section 1310 authorizes foreign flag vessels to be 
chartered for a limited time period to set, relocate, or 
recover anchors or other mooring equipment of a mobile offshore 
drilling unit that is located over the outer Continental Shelf 
for operations to support the exploration, or flow testing and 
stimulation of wells for offshore mineral or energy resources 
in the Beaufort Sea or the Chukchi Sea adjacent to Alaska.

Sec. 1311. Vessel traffic risk assessment

    Section 1311 requires the Commandant to prepare vessel 
traffic risk assessments for Cook Inlet, Alaska. The Committee 
is concerned that the increased traffic in this area may 
require additional safety measures to protect against marine 
casualties. This assessment will help provide information 
regarding the risk of marine casualties in these areas.

Sec. 1312. Study of relocation of Coast Guard Sector Buffalo facilities

    Section 1312 requires the Commandant to conduct a project 
proposal report on the feasibility of consolidating and 
relocating the Coast Guard facilities at Coast Guard Sector 
Buffalo, and to prepare preliminary plans for the design, 
engineering, and construction for the consolidation of these 
facilities.

Section 1313. Conveyance of Coast Guard vessels to Mississippi

    Section 1313 authorizes the Coast Guard to convey, without 
cost, one of its excess trailerable boats, to each of the 
Sheriff's Departments of Coahoma, Warren, and Washington 
Counties, Mississippi, for homeland security purposes.

Sec. 1314. Coast Guard assets for United States Virgin Islands

    Section 1314 authorizes the Coast Guard to station 
additional assets in the U.S. Virgin Islands for port security, 
and other purposes.

Sec. 1315. Officer requirements for distant water tuna vessels

    Section 1315 amends 46 U.S.C. Sec. 8103 by adding a new 
subsection entitled ``Officer requirements for distant water 
tuna vessels.'' Section 1315 authorizes a purse seine tuna 
fishing vessel documented under chapter 121 that fishes 
exclusively for highly migratory species under a fishing 
license issued pursuant to the 1987 Treaty on Fisheries Between 
the Governments of Certain Pacific Islands States and the 
Government of the United States in the treaty area, or 
transiting to or from the treaty area, to engage an individual 
that is not a citizen of the United States to fill a vacancy in 
a position, except for the position of master, if no U.S. 
citizens are readily available to fill the position after 
timely public notice of the vacancy.
    Section 1315 restricts individuals from being engaged 
unless the individuals hold a valid license or certificate 
issued in accordance with the 1995 amendments to the Convention 
on Standards of Training Certification and Watchkeeping for 
Seafarers, 1978, and by an authority that the Secretary of the 
department in which the Coast Guard is operating recognizes as 
imposing equivalent or greater competency and training 
standards.
    This section applies to the engagement of an individual on 
a vessel that is home-ported in American Samoa, Guam, or the 
Northern Mariana Islands, and has passed an annual commercial 
fishing vessel safety exam administered by an individual 
authorized to enforce this title.
    Section 1315 requires the Secretary of the department in 
which the Coast Guard is operating to treat a license that was 
issued by a foreign government as meeting the requirements of 
section 8304, if the Secretary determines that the standards 
for issuance are equivalent to those under that section.

Sec. 1316. Assessment of needs for additional Coast Guard presence in 
        high latitude regions

    Section 1316 requires a study and report on the need for 
additional Coast Guard prevention and response capability in 
high latitude (polar) regions, including an assessment of 
existing assets, projected need, and shore infrastructure.

Sec. 1317. Study of regional response vessel and salvage capability for 
        Olympic Peninsula coast, Washington

    Section 1317 requires the Coast Guard, in conjunction with 
the National Academy of Sciences, and in consultation with 
Federal, State and tribal officials to conduct a study of the 
need for regional response vessel and salvage capability for 
the State of Washington Olympic Peninsula coast.

Sec. 1318. Study of bridges over navigable waters

    Section 1318 requires the Secretary of Transportation to 
conduct a comprehensive study on the proposed construction or 
alteration of any proposed bridge, drawbridge, or causeway over 
navigable waters with a channel depth of 25 feet or greater 
that may impede or obstruct future navigation to or from port 
facilities.
    The Coast Guard plays an integral role in the advancement 
of transportation and infrastructure projects in the United 
States under its authority from the General Bridge Act of 1946 
and Department of Transportation Order 1100.1. Given that the 
Coast Guard is responsible for approving all locations and 
plans of bridges and causeways across navigable waters, 
including the necessary environmental processes, it is critical 
that the Commandant work collaboratively with the Secretary of 
Transportation to ensure that the bridge permitting processes 
at both agencies is timely, coordinated, and transparent in 
nature. Further, the Commandant, together with the Secretary of 
Transportation and the Secretary of Homeland Security, is 
directed to submit a report to the House Committee on 
Transportation and Infrastructure and other appropriate 
committees not later than 90 days after enactment of this Act 
on existing coordination protocols for joint infrastructure 
responsibilities as well as recommended improvements.

Sec. 1319. Limitation on jurisdiction of States to tax certain seamen

    Section 1319 limits State jurisdiction to tax worker 
crewmembers on vessels that regularly work on the navigable 
waters of two or more States; workers would only be taxed in 
one State.

Sec. 1320. Decommissioned Coast Guard vessels for Bermuda

    Section 1320 authorizes the Coast Guard to transfer 
decommissioned 41-foot patrol boats to Bermuda for use by its 
Coast Guard. It is the Committee's intent to limit a transfer 
under this section until the Coast Guard has been notified by 
the government of Haiti that it does not require the vessels, 
as provided under section 1309 of this Act.

Sec. 1321. Conveyance of Coast Guard vessels to Nassau County, New York

    Section 1321 authorizes the Coast Guard to convey, without 
cost, two 41-foot patrol boats to the Police Department of 
Nassau County, New York, for homeland security purposes.

Sec. 1322. Newtown Creek, New York City, New York

    Section 1322 requires the Administrator of the 
Environmental Protection Agency to conduct a study on the 
public health, safety and environmental concerns related to the 
underground petroleum spill on the Brooklyn shoreline of 
Newtown Creek, New York City, New York. This section requires a 
report containing the results of the study to be submitted to 
the Committee on Environment and Public Works, Senate Committee 
on Commerce, Science and Transportation and the Committee on 
Transportation and Infrastructure of the House.

Sec. 1323. Land conveyance, Coast Guard property in Marquette County, 
        Michigan, to the City of Marquette, Michigan

    Section 1323 authorizes the Coast Guard to convey, as 
surplus property, the Coast Guard Station Marquette and 
Lighthouse Point, totaling approximately nine acres, to the 
City of Marquette, Michigan.

Sec. 1324. Mission requirement analysis for navigable portions of the 
        Rio Grande River, Texas, international water boundary

    Section 1324 requires the Secretary of the department in 
which the Coast Guard is operating to prepare a mission 
requirement analysis of the navigable portions of the Rio 
Grande River, Texas, along the international water boundary. 
The analysis should assess Coast Guard missions, assets, and 
personnel assigned along the River and should identify the 
needs of the Coast Guard to increase search and rescue 
operations and migrant and drug interdiction operations.

Sec. 1325. Conveyance of Coast Guard property in Cheboygan, Michigan

    Section 1325 authorizes the Coast Guard to convey, at fair 
market value, approximately three acres to the Cornerstone 
Christian Academy who will have right of first refusal to 
purchase the all or a portion of the real property.

            Legislative History and Committee Consideration

    In the 110th Congress, the Subcommittee on Coast Guard and 
Maritime Transportation held a hearing on March 8, 2007, on 
``The Coast Guard Budget and Authorization for Fiscal Year 
2008''. On February 26, 2008, the Subcommittee held a hearing 
on ``FY 2009 Budget: Coast Guard, Federal Maritime Commission 
and Maritime Administration''.
    On June 22, 2007, Chairman James L. Oberstar introduced 
H.R. 2830, the ``Coast Guard Authorization Act of 2008''. On 
June 26, 2007, the Subcommittee met to consider H.R. 2830, and 
favorably recommended it, as amended, to the Committee on 
Transportation and Infrastructure by voice vote with a quorum 
present. On June 28, 2007, the Committee met in open session 
and ordered H.R. 2830, as amended, reported favorably to the 
House by voice vote with a quorum present. On September 20, 
2007, the Committee reported the bill, as amended, to the 
House. H. Rept. 110-338, Part I.
    On October 1, 2007, the Committee on Homeland Security 
ordered the bill, as amended, reported favorably to the House. 
H. Rept. 110-338, Part II. On October 30, 2007, the Committee 
on Judiciary ordered the bill, as amended, reported favorably 
to the House. H. Rept. 110-338, Part III. On April 23, 2008, 
the Committee on Judiciary filed a supplemental report. H. 
Rept. 110-338, Part IV.
    On April 24, 2008, the House passed H.R. 2830 by a vote of 
395-7. The Senate did not complete action on the legislation.
    In the 111th Congress, on May 13, 2009, the Subcommittee on 
Coast Guard and Maritime Transportation met to examine the 
President's fiscal year 2010 budget request and policy 
initiatives for the Coast Guard.
    On September 23, 2009, Chairman James L. Oberstar 
introduced H.R. 3619, the ``Coast Guard Authorization Act of 
2009''. This bill is comprised of several different bills that 
have been considered by the Committee on Transportation and 
Infrastructure and, in some cases, the House in the 111th 
Congress. These bills include: H.R. 1747, the ``Great Lakes 
Icebreaker Replacement Act'' (H. Rept. 111-81)(passed the House 
by voice vote on April 27, 2009); H.R. 1665, the ``Coast Guard 
Acquisition Reform Act of 2009'' (H. Rept. 111-215)(passed the 
House, 426-0, on July 29, 2009); H.R. 2651, the ``Maritime 
Workforce Development Act'' (passed the House by voice vote on 
October 14, 2009); H.R. 2650, the ``Coast Guard Modernization 
Act of 2009'' (ordered reported on June 4, 2009); H.R. 2652, 
the ``Maritime Safety Act of 2009'' (ordered reported on June 
4, 2009); H.R. 3360, the ``Cruise Vessel Security and Safety 
Act of 2009'' (ordered reported on July 30, 2009); and H.R. 
3376, the ``United States Mariner and Vessel Protection Act of 
2009'' (ordered reported on July 30, 2009).

                              Record Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each roll call 
vote on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. During consideration of H.R. 3619, the Committee 
adopted two amendments to the bill. There were no recorded 
votes taken in connection consideration of H.R. 3619 or 
ordering H.R. 3619, as amended, reported. A motion to order 
H.R. 3619, as amended, reported favorably to the House was 
agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

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

                          Cost of Legislation

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

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
authorize funding for personnel and activities of the United 
States Coast Guard and make changes to maritime transportation 
law.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 
3619, as amended, from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 2, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3619, the Coast 
Guard Authorization Act of 2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 3619--Coast Guard Authorization Act of 2010

    Summary: H.R. 3619 would amend various laws that govern the 
activities of the U.S. Coast Guard (USCG). The bill also would 
authorize appropriations totaling $9 billion through fiscal 
year 2014, primarily for ongoing USCG operations during fiscal 
year 2010. CBO estimates that appropriating the amounts 
specifically authorized by the bill or estimated to be 
necessary to carry out certain titles would result in 
discretionary spending of about $8.8 billion over the 2010-2014 
period.
    Implementing title V, which addresses the Coast Guard's 
acquisition practices, could result in future savings in 
discretionary spending, but CBO cannot estimate such savings or 
clearly identify how much of that savings should be attributed 
to the legislation rather than to reforms that the Coast Guard 
has already begun implementing under existing authority.
    H.R. 3619 could increase revenues from civil penalties, but 
CBO estimates that any such increases would be less than 
$500,000 a year.
    Other provisions of the bill also would affect direct 
spending, primarily by directing the Coast Guard to donate 
rather than sell certain property (resulting in a loss of 
offsetting receipts). We estimate that those provisions would 
increase direct spending by a total of $3 million over the 
2010-2019 period.
    H.R. 3619 contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
because it would impose new requirements on vessel owners and 
operators and others in the maritime industry. The bill also 
would increase the costs of complying with existing mandates 
related to protections for active-duty personnel in the Coast 
Guard. The aggregate costs of the mandates in the bill on 
private-sector entities are uncertain because many of them 
would depend on regulations to be developed under the bill. 
Consequently, CBO cannot determine whether those costs would 
exceed the annual threshold established in UMRA for private-
sector mandates ($139 million in 2009, adjusted annually for 
inflation). CBO estimates that such costs would not exceed the 
annual threshold established in UMRA for intergovernmental 
mandates ($69 million in 2009, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effects of H.R. 3619 are summarized in the following 
table, The costs of this legislation fall within budget 
functions 300 (natural resources and environment) and 400 
(transportation).
    Basis of estimate: For this estimate, CBO assumes that H.R. 
3619 will be enacted early in fiscal year 2010 and that the 
amounts specifically authorized by the bill or estimated to be 
necessary will be appropriated for each year. Estimated outlays 
are based on historical spending patterns for the authorized 
activities.

Spending subject to appropriation

    The authorization levels shown in the table are those 
specified or estimated to be necessary for Coast Guard 
activities and for certain new programs of the Department of 
Transportation (DOT). The table excludes $25 million to be 
derived from the Oil Spill Liability Trust Fund (OSLTF) for 
USCG operating and research expenses because that amount is 
already authorized under existing law.

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2010    2011    2012    2013    2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION1
Reauthorization of USCG activities:2
    Authorization level......................................   8,604       0       0       0       0     8,604
    Estimated outlays........................................   5,742   1,514     664     380     128     8,428
Great Lakes icebreaker replacement:
    Authorization level......................................     153       0       0       0       0       153
    Estimated outlays........................................      18      38      34      28      17       135
USCG acquisition reform:
    Estimated authorization level............................       5       0       0       0       0         5
    Estimated outlays........................................       3       2       0       0       0         5
Maritime workforce development:
    Authorization level......................................      22      22      22      22      22       110
    Estimated outlays........................................      14      17      19      19      20        89
Marine safety:
    Estimated authorization level............................       8       8       8       8       8        40
    Estimated outlays........................................       6       8       9       9       8        40
Other grants, studies, and programs:
    Estimated authorization level............................      16      14      24      24      21       100
    Estimated outlays........................................      13      15      22      24      22        96
    Total proposed changes:
        Estimated authorization level........................   8,808      44      54      54      51     9,011
        Estimated outlays....................................   5,796   1,594     748     460     195     8,792
----------------------------------------------------------------------------------------------------------------
\1\Enacting H.R. 3619 would result in small increases in revenues from criminal and civil fines and penalties
  (and associated direct spending from the Crime Victims Fund), but CBO estimates that those changes would be
  insignificant. We also expect that enacting the bill could result in additional direct spending associated
  with extending expiring maritime documents and with conveying certain Coast Guard property. In total, those
  provisions would increase direct spending by an estimated $3 million over the 2010-2019 period.
\2\The USCG received appropriations totaling about $8.3 billion for fiscal year 2009, including $240 million
  under the American Recovery and Reinvestment Act of 2009.

Note: USCG--U.S. Coast Guard; components may not sum to totals because of rounding.

    Reauthorization of USCG Activities. Title I would 
reauthorize funding for ongoing USCG activities for 2010. 
Specifically, the title would authorize the appropriation of 
about $6.9 billion for USCG operations (including $134 million 
for reserve training and $13 million for environmental 
compliance), about $1.6 billion for capital acquisitions, $16 
million for the alteration of bridges, and nearly $30 million 
for research programs. Of the amounts authorized by title I, 
$45 million would be derived from the OSLTF.
    CBO estimates that appropriating the amounts specified in 
title I for ongoing USCG activities would cost $8.4 billion 
over the 2010-2014 period. About $180 million of the authorized 
amounts would be spent after 2014.
    Title I also would authorize the appropriation of about 
$1.4 billion for Coast Guard retirement benefits in fiscal year 
2010, but that amount is excluded from this estimate because 
such benefits are considered an entitlement under current law 
and are not subject to appropriation. Thus, authorizing the 
$1.4 billion would have no additional budgetary impact.
    Great Lakes Icebreaker Replacement. Title IV would 
authorize the appropriation of $153 million to construct an 
icebreaker ship for the Coast Guard to use on the Great Lakes. 
Assuming appropriation of the authorized amount, CBO estimate 
that building the new icebreaker would cost $135 million over 
the 2010-2014 period. The remaining $18 million would be spent 
after 2014.
    USCG Acquisition Reform. Title V addresses the contracting 
practices used by the Coast Guard to acquire capital assets 
such as vessels and aircraft. Assuming appropriation of the 
necessary amounts, CBO estimate that implementing title V would 
cost the USCG about $5 million over the next two years, mostly 
to develop life-cycle cost estimates for current acquisition 
initiatives. We estimate that other administrative costs for 
additional testing and certification (and to develop life-cycle 
cost estimates for major acquisition initiatives in the future) 
would not significantly affect the agency's annual budget.
    Title V would restrict the Coast Guard's reliance on 
private entities to manage major acquisitions and would require 
the agency to revise other procurement practices to rectify 
problems identified by the Department of Defense (DoD) and 
other federal agencies. It also would require that many future 
acquisitions be open to competition and be subject to specified 
testing, analysis, and certification requirements. Finally, the 
title would require the Coast Guard to hire additional 
contracting and management personnel and to produce various 
reports on its acquisition activities.
    The contracting reforms required by H.R. 3619 could result 
in lower procurement expenditures in the future. Much of the 
long-term savings, however, might occur even in the absence of 
the legislation because the Coast Guard is already implementing 
many of those reforms, including hiring additional contracting 
personnel. CBO cannot estimate the likely size of cost savings 
from improving procurement practices or clearly identify what 
proportion of such savings would be attributable to the 
legislation and what share would result from changes that the 
Coast Guard is already implementing.
    Any savings realized by the Coast Guard as a result of the 
legislation would depend on future changes in the level of 
discretionary appropriations for capital acquisitions. Annual 
funding for Coast Guard acquisition has risen rapidly in recent 
years--from about $640 million in fiscal year 2002 to nearly 
$1.6 billion for 2009. (The 2009 figure includes nearly $100 
million provided by the American Recovery and Reinvestment Act 
of 2009.) Most of the increase over this period stems from new 
funding for the Integrated Deepwater Initiative, which will 
provide for the replacement of many of the agency's vessels, 
aircraft, and other assets at an estimated cost of between $25 
billion to $30 billion over the next 25 years.
    Maritime Workforce Development. Title VI would authorize 
appropriations totaling $110 million over the 2010-2014 period 
(and $22 million in 2015) for DOT's Maritime Administration to 
provide loans and grants to students attending certain maritime 
training institutions.
    Of the amounts authorized by title VI, $10 million would be 
available in each of fiscal years 2010 through 2015 for loans 
to students that enroll in one of the six state maritime 
academies or in another maritime training institution operated 
by a commercial and nonprofit organization. The legislation 
also would authorize the appropriation of $1 million in each 
year over the same period to administer the new loan program. 
Under the bill, principal and interest payments made by the 
borrower would be deposited into a revolving loan fund and 
would be available to cover administrative costs as well as to 
make new loans without further appropriation action.
    The Federal Credit Reform Act (FCRA) requires that the 
budgetary impact of federal credit programs, including the loan 
program that would be established by this legislation, be 
measured in terms of the net present value of estimated cash 
flow. That measure is known as the subsidy cost. Under FCRA, 
agencies must receive an appropriation equal to the estimated 
subsidy cost before making loans. FCRA further specifies that 
repayments of loans are unavailable for spending and that new 
loan obligations may be made only to the extent that new budget 
authority is provided in advance. In other words, direct loan 
repayments are not available to ``revolve'' into new loans. 
Instead, such repayments are a means of financing the original 
loans. In CBO's view, the concept of using loan repayments to 
cover administrative costs and make new loans, as proposed in 
title VI, is inconsistent with the requirements of FCRA. It is 
possible that this inconsistency would result in the program 
not being implemented or being implemented in a form other than 
that proposed by the bill.
    For the purposes of this estimate, CBO assumes that the 
loan program would be implemented as directed by the 
legislation and that amounts collected from loan repayments 
would be available to the program for administrative expenses 
and to make new loans. In that case, the effective subsidy cost 
of the loans would be 100 percent because cash flows into the 
government from borrower repayment would not be credited to the 
original loan (as normally would be required under FCRA) but 
would be used to cover other costs of the program. Therefore, 
CBO estimates that the provision of $60 million in loan subsidy 
over the 2010-2015 period, as authorized by the bill, would 
yield a loan volume of $60 million.
    Based on expected demand for student loans and historical 
expenditures of other loan programs operated by the Maritime 
Administration, CBO estimates that implementing the new loan 
program would cost $37 million over the next five years, 
including $5 million for administrative costs, and $29 million 
after 2014.
    The title also would authorize the appropriation of $10 
million in each of fiscal years 2010 through 2015 for grants to 
maritime training institutions to establish demonstration 
projects to increase mariner recruitment, training, and 
retention. The legislation would authorize the appropriation of 
$1 million in each year over the same period to administer the 
new grants. Based on the historical spending pattern of other 
grant programs operated by the agency, CBO estimates that 
implementing this provision would cost $52 million over the 
next five years, including $5 million for administration, and 
$14 million after 2014.
    Marine Safety. Title VIII would amend laws governing marine 
safety programs carried out by the Coast Guard. CBO estimates 
that implementing title VIII would cost $40 million over the 
2010-2014 period, assuming appropriation of the amounts 
specifically authorized by the title or estimated to be 
necessary for regulatory and administrative expenses.
    Title VIII would authorize the appropriation of $3 million 
annually (through 2014) for each of two new programs to fund 
grants to state, local, or other nonfederal entities. The 
grants would be awarded by the Coast Guard for research and 
training to improve safety on fishing vessels. In addition, the 
title would authorize $1 million for a study on the use of 
blended fuels by marine vessels. CBO estimates that 
appropriating the amounts specifically authorized by title VIII 
would cost $31 million over the 2010-2014 period.
    The title also would require the Coast Guard to promulgate 
and enforce new rules and regulations addressing other marine 
safety issues, including recordkeeping, safety equipment, and 
spill protection for vessels that carry over 600 cubic meters 
of fuel oil. In addition, the title would extend the life of 
several advisory committees, some of which receive financial 
support from the Coast Guard. Based on information provided by 
the agency, CBO estimates that carrying out the required 
studies and rulemakings and supporting advisory committees 
would cost about $9 million over the 2010-2014 period.
    Other Grants, Studies, and Programs. H.R. 3619 would 
authorize appropriations for several new programs, most of 
which would be carried out by the Coast Guard. CBO estimates 
that appropriating the authorized amounts would cost $96 
million over the 2010-2014 period. (An additional $24 million 
would be spent from those authorizations after 2014, including 
$20 million authorized to be appropriated for 2015.) The 
proposed authorizations include:
    
 $7.5 million for programs to assist colleges and 
other institutions that serve minority students. The programs 
would include management internships, an aviation officer 
initiative, and cooperative research laboratories.
    
 $70 million over the 2010-2014 period (plus $20 
million in 2015) to support shipping in the Arctic. The 
proposed funding would support USCG programs such as aids to 
navigation, icebreaking, oil spill prevention and response and 
search and rescue. A portion of the funding ($5 million for 
each of fiscal years 2011 through 2015) would be used by the 
Department of Transportation for demonstration projects to 
reduce vessel emission or discharges of pollutants.
    
 $10 million over the 2010-2013 period for projects 
carried out by the Great Lakes Maritime Research Institute.
    
 $1 million for 2010 to conduct an assessment of 
vessel traffic risk for Cook Inlet, Alaska.
    
 $5 million for a study of an underground oil spill 
on the Brooklyn shore of Newtown Creek in New York.
    
 An estimated $6 million over the 2010-2014 period 
to promulgate safety regulations, develop training curricula, 
and establish certification and inspection procedures to 
address the safety of passengers and crewmembers on cruise 
vessels.
    Based on information provided by the Coast Guard, CBO 
estimates that carrying out the provisions of other titles of 
the bill would have no significant effect on the agency's 
operating budget. Those provisions include requirements to 
reorganize leadership positions in the agency, provide 
additional port security assets in the Virgin Islands, and 
expand the use of canine teams to detect narcotics and 
explosives at ports.

Direct spending

    The bill would authorize the Coast Guard to sell about 
three acres of property in Cheboygan, Michigan, and spend the 
proceeds on environmental restoration projects.
    Because such proceeds, if collected under current law, 
could not be spent without further appropriation action, 
enacting this provision would increase direct spending over the 
2010-2019 period. CBO estimates that any such increase would be 
about $1 million over the 2010-2019 period.
    Several provisions of the bill would direct the USCG to 
donate real and personal property to various parties such as 
nonprofit organizations or local governments. CBO estimates 
that one of the properties--a 5.5-acre parcel of land in the 
city of Marquette, Michigan--has significant market value. 
Based on local property values and on information provided by 
the General Services Administration regarding disposal of 
surplus USCG property, we estimate that donating the Marquette 
parcel to the city (rather than selling it under existing 
authority) would result in a loss of offsetting receipts of 
about $2 million over the next 10 years. We expect that all of 
the other affected property would either be retained by the 
Coast Guard or eventually given to other entities under current 
law; therefore, donating those assets would result in no loss 
of offsetting receipts.
    Title VIII would authorize the USCG to extend certain 
expiring marine licenses, certificates of registry, and 
merchant mariners' documents. Because the extension could delay 
the collection of fees charged for renewal of such documents, 
enacting this provision could reduce offsetting receipts 
(considered an increase in direct spending) over the next year 
or two. Some of those receipts may be spent without further 
appropriation, however, to cover collection costs. CBO 
estimates that the net effect on direct spending from enacting 
this provision would be insignificant.
    Intergovernmental and private-sector impact: H.R. 3619 
contains intergovernmental and private-sector mandates as 
defined in UMRA because it would impose new requirements on 
vessel owners and operators and others in the maritime 
industry. The bill also would increase the costs of complying 
with existing mandates related to protections for active-duty 
personnel in the Coast Guard. The aggregate costs of the 
mandates in the bill on private-sector entities are uncertain 
because many of them would depend on regulations to be 
developed under the bill. Consequently, CBO cannot determine 
whether those costs would exceed the annual threshold 
established in UMRA for private-sector mandates ($139 million 
in 2009, adjusted annually for inflation). CBO estimates that 
such costs would not exceed the annual threshold established in 
UMRA for intergovernmental mandates ($69 million in 2009, 
adjusted annually for inflation).
    UMRA excludes from the application of that act any 
legislative provision that is necessary for the ratification or 
implementation of international treaty obligations. CBO has 
determined that section 812 of H.R. 3619 falls within that 
exclusion; therefore, we have not reviewed it for 
intergovernmental or private-sector mandates.

Mandates that apply to both public and private entities

    Safety Equipment and Management Requirements. H.R. 3619 
would require certain commercial and public vessels to carry 
approved survival craft that ensure that no part of an 
individual is immersed in water. All survival craft would have 
to meet this standard by January 1, 2015. The costs to comply 
with this mandate would depend on how the Coast Guard 
implements the new standard. However, based on information 
about the range in costs of survival crafts, CBO expects that 
the cost of replacing hundreds of survival craft on private 
vessels would probably be relatively small. Further, because 
most public vessels do not use survival craft that immerse 
individuals in water, CBO estimates that additional costs to 
public entities would be minimal.
    The bill also would require owners and operators of certain 
domestic passenger vessels to implement safety management 
procedures as determined by the Secretary of Homeland Security. 
According to the Coast Guard and industry sources, the costs to 
public and private entities could vary widely depending on the 
coverage and scope of those procedures. However, only a small 
number of public entities would be affected by those 
requirements, and CBO estimates that the cost to those entities 
to be small. Because a large number of private entities could 
be affected by those requirements and the nature of future 
regulations is uncertain, CBO cannot estimate the total cost of 
this mandate to private entities.
    Other Mandates on the Maritime Industry. The bill also 
would impose new requirements on businesses in the maritime 
industry. For example, the bill would impose new security 
requirements on operators of hazardous material facilities; 
require owners and operators of public and commercial vessels 
to comply with new recordkeeping requirements; require ports to 
include in their security plans provisions that allow crew 
members, pilots, and representatives of crew members to leave 
and reboard ships without paying escort fees; and provide 
whistleblower protections for maritime employees. CBO estimates 
that the additional costs to comply with those mandates would 
be small because compliance probably would involve only small 
adjustments, if any, in current procedures.
    Increasing Authorized Coast Guard Personnel. The bill would 
increase the costs of complying with existing intergovernmental 
and private-sector mandates by increasing the number of active-
duty personnel in the Coast Guard. The additional personnel 
would be eligible for protections under the Servicemembers 
Civil Relief Act (SCRA). Under SCRA, servicemembers have the 
right to maintain a single state of residence for purposes of 
paying state and local personal income taxes. They also have 
the right to request a deferral in the payment of certain state 
and local taxes and fees. SCRA also requires creditors to 
charge no more than 6 percent interest on servicemembers' 
obligations when such obligations predate active-duty service 
and allows courts to temporarily stay certain civil 
proceedings, such as evictions, foreclosures, and 
repossessions. Extending these existing protections to 
additional servicemembers would constitute mandates as defined 
in UMRA and could result in lost revenues to government and 
private-sector entities.
    The number of active-duty servicemembers covered by SCRA 
would increase by less than 1 percent, CBO estimates. 
Servicemembers' utilization of the various provisions of the 
SCRA depends on a number of uncertain factors, including how 
often and how long they are deployed. CBO expects, however, 
that relatively few of the added servicemembers would take 
advantage of the deferrals in certain state and local tax 
payments; the lost revenues to those governments thus would be 
insignificant. Moreover, because the increase in the number of 
active-duty servicemembers covered by SCRA would be so small, 
CBO expects that the increased costs for private-sector 
entities also would be small.

Mandates that apply to private entities only

    Safety Requirements for Cruise Vessels. Owners and 
operators of cruise vessels would be required to meet certain 
safety standards, post information about the location of U.S. 
embassies and consulates for countries on the voyage itinerary, 
and limit crew access to passenger cabins. The bill also would 
require cruise lines to maintain a log book of alleged crimes, 
report suspected criminal activities that occur on their 
vessels to the appropriate law enforcement authorities, and 
provide online access to data on criminal acts that occur on 
cruise vessels. In addition, the bill would require cruise 
lines to adhere to specific procedures when assisting victims 
of a sexual assault and to carry certain medical supplies and 
equipment designated for use in such cases. Lastly, cruise 
lines would be required to have at least one crewmember trained 
in crime scene investigation onboard while the vessel is in 
service.
    According to the Maritime Administration and the U.S. Coast 
Guard, between 125 and 150 cruise vessels that access U.S. 
ports would have to comply with the requirements in the bill. 
Industry representatives indicate that those vessels already 
comply with most of the bill's requirements and that any needed 
adjustments in current practice would probably be minor. CBO 
therefore expects that the incremental costs of the mandates 
would fall below the annual threshold established in UMRA.
    Safety Requirements for Commercial Fishing Vessels. H.R. 
3619 would impose new safety requirements on owners and 
operators of commercial fishing vessels. The bill would require 
the individuals in charge of commercial fishing vessel 
operating beyond three nautical miles of the U.S. coast to keep 
a record of equipment maintenance and to pass a safety training 
program and a refresher training once every five years. The 
cost of recordkeeping would be minimal. The new safety training 
program, however, would have to include training in collision 
prevention, personal survival, and emergency medical care. 
According to industry sources, the cost of similar training 
programs currently available is between $100 and $500 per 
person. Those sources also indicate that thousands of U.S. 
commercial fishing captains nationwide and others would have to 
comply with the training requirement. The bill would establish 
a grant program to provide funding for training on commercial 
fishing safety.
    The bill also would establish safety equipment standards 
for certain commercial fishing vessels operating beyond three 
nautical miles of the coast. In addition, beginning in 2010, 
the bill would require that such vessels that are less than 50 
feet in length be constructed in a manner that provides a level 
of safety equivalent to the minimum safety standards 
established by the Coast Guard that apply to recreational 
vessels. The cost to comply with those mandates would depend on 
the standards to be set by the Coast Guard.
    Safety Requirements for Other Vessels. The bill would 
authorize the Coast Guard to establish standards for the use of 
emergency locator beacons on recreational vessels and for the 
installation and use of lifesaving devices on non-propelled 
vessels such as barges. If the Coast Guard establishes either 
of those standards, it would impose a private-sector mandate. 
CBO cannot estimate the cost of complying with the mandate 
because it would depend on future regulations.
    The bill also would require all oil tankers in Prince 
William Sound to be escorted by two towing vessels. Current law 
only requires two escort vessels for single-hulled tankers. 
Because the current practice is to provide two escort vessels 
for all tankers, CBO estimates that the incremental cost to 
comply with the mandate would be minimal.

Previous CBO estimates

    On September 24, 2009, CBO transmitted a cost estimate for 
S. 1194, the Coast Guard Authorization Act of Fiscal Years 2010 
and 2011, as ordered reported by the Senate Committee on 
Commerce, Science, and Transportation on July 8, 2009. The 
Senate bill contains lower funding levels for most activities, 
would authorize appropriations for both 2010 and 2011 rather 
than just 2010, and would include authorizations for some 
programs carried out by the National Oceanic and Atmospheric 
Administration. The CBO cost estimates for the two versions of 
the legislation reflect those differences. The estimates also 
reflect the costs of carrying out other titles added to H.R. 
3616 for cruiseship safety, maritime security, and other 
activities.
    On June 10, 2009, CBO transmitted a cost estimate for S. 
685, the Oil Spill Prevention Act of 2009, as ordered reported 
by the Senate Committee on Commerce, Science, and 
Transportation on May 20, 2009. The CBO estimate of that 
legislation is the same for similar provisions in title VIII of 
H.R. 3619.
    CBO also submitted cost estimates for several pieces of 
legislation that were previously ordered reported by the House 
Committee on Transportation and Infrastructure that are also 
contained in H.R. 3619. Those include:
          
 H.R. 1747, the Great Lakes Icebreaker 
        Replacement Act, as ordered reported on April 2, 2009 
        (estimate transmitted on April 15, 2009);
          
 H.R. 1665, the Coast Guard Acquisition 
        Reform Act of 2009, as ordered reported on April 2, 
        2009 (estimate transmitted on April 15, 2009);
          
 H.R. 2652, the Maritime Safety Act of 2009, 
        as ordered reported on June 4, 2009 (estimate 
        transmitted on June 23, 2009);
          
 H.R. 2650, the Coast Guard Modernization Act 
        of 2009, as ordered reported on June 4, 2009 (estimate 
        transmitted on June 23, 2009);
          
 H.R. 2651, the Maritime Workforce 
        Development Act, as ordered reported on June 4, 2009 
        (estimate transmitted on July 13, 2009);
          
 H.R. 3376, the United States Mariner and 
        Vessel Protection Act of 2009, as ordered reported on 
        July 30, 2009, (estimate transmitted on August 13, 
        2009); and
          
 H.R. 3360, the Cruise Vessel Security and 
        Safety Act of 2009, as ordered reported on July 30, 
        2009 (estimate transmitted on August 19, 2009).
    The CBO cost estimates for those earlier bills or acts are 
the same as those for similar provisions contained in H.R. 
3619.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Amy Petz and Samuel Wise.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. The 
Committee has required Members of Congress to comply with all 
requirements of clause 9(e), 9(f), and 9(g) of rule XXI. The 
following table provides the list of such provisions included 
in the bill:

------------------------------------------------------------------------
                                    Description of
             Section                   provision         Requested by
------------------------------------------------------------------------
1301............................  Certificate of      Corrine Brown
                                   Documentation for
                                   GALLANT LADY.
1302............................  Certificate of      Don Young
                                   Documentation for
                                   OCEAN VERITAS.
1302............................  Certificate of      Wally Herger
                                   Documentation for
                                   MAYA.
1302............................  Certificate of      John M. McHugh
                                   Documentation for
                                   ZIPPER.
1302............................  Certificate of      Jay Inslee
                                   Documentation for  Jim McDermott
                                   GULF DIVER IV.
1302............................  Certificate of      James A. Himes
                                   Documentation for
                                   M/V GEYSIR.
1304............................  Conveyance of       William D.
                                   Coast Guard Boat    Delahunt
                                   House, Nantucket,
                                   Massachusetts.
1307............................  Conveyance of       Don Young
                                   Decommissioned
                                   Coast Guard
                                   Cutter Storis.
1308............................  Conveyance of       Elijah E. Cummings
                                   Coast Guard of HU-
                                   25 Falcon Jet
                                   Aircraft.
1312............................  Study of            Brian Higgins
                                   Relocation of
                                   Coast Guard
                                   Sector Buffalo
                                   Facilities.
1313............................  Conveyance of       Bennie G. Thompson
                                   Coast Guard
                                   Vessels to
                                   Mississippi.
1317............................  Study of Regional   Norman D. Dicks
                                   Response Vessel
                                   and Salvage
                                   Capability for
                                   Olympic Peninsula
                                   Coast, Washington.
1321............................  Conveyance of       Peter T. King
                                   Coast Guard
                                   Vessels to Nassau
                                   County, New York.
1322............................  Newton Creek, New   Nydia M. Velazquez
                                   York, NY.
1323............................  Land Conveyance,    Bart Stupak
                                   Coast Guard
                                   Property in
                                   Marquette County,
                                   Michigan, to the
                                   city of
                                   Marquette,
                                   Michigan.
1324............................  Mission             Henry Cuellar
                                   Requirement
                                   Analysis for
                                   Navigable
                                   Portions of the
                                   Rio Grande River,
                                   Texas,
                                   International
                                   Water Boundary.
1325............................  Conveyance of       Bart Stupak
                                   Coast Guard
                                   Property in
                                   Cheboygan,
                                   Michigan.
------------------------------------------------------------------------

                   Constitutional Authority Statement

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

                       Federal Mandates Statement

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

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 3619 does not 
preempt any state, local or tribal law.

                      Advisory Committee Statement

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

                Applicability to the Legislative Branch

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

         Changes in Existing Law Made by the Bill, as Reported

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

TITLE 14, UNITED STATES CODE

           *       *       *       *       *       *       *



PART I--REGULAR COAST GUARD

           *       *       *       *       *       *       *


                CHAPTER 3--COMPOSITION AND ORGANIZATION

Sec.
41.  Grades and ratings.
     * * * * * * *
[42.  Number and distribution of commissioned officers.]
42.  Number and distribution of commissioned officers on active duty 
          promotion list.
     * * * * * * *
[47.  Vice Commandant; assignment.
[50.  Area Commanders.
[50a.   Chief of Staff.]
47.  Vice Commandant; appointment.
50.  Vice admirals.
     * * * * * * *
[52.  Vice admirals, continuity of grade.]
52.  Vice admirals and admirals, continuity of grade.
     * * * * * * *
55.  District Ombudsmen.
56.  Chief Acquisition Officer.
57.  Marine safety workforce.
58.  Centers of Expertise for Marine Safety.
59.  Marine industry training program.

           *       *       *       *       *       *       *


Sec. 41. Grades and ratings

  In the Coast Guard there shall be [an admiral,] admirals; 
vice admirals; rear admirals; rear admirals (lower half); 
captains; commanders; lieutenant commanders; lieutenants; 
lieutenants (junior grade); ensigns; chief warrant officers; 
cadets; warrant officers; and enlisted members. Enlisted 
members shall be distributed in ratings established by the 
Secretary.

[Sec. 42. Number and distribution of commissioned officers

  [(a) The total number of commissioned officers, excluding 
commissioned warrant officers, on active duty in the Coast 
Guard shall not exceed 6,700 in each fiscal year 2004, 2005, 
and 2006.
  [(b) The commissioned officers on the active duty promotion 
list shall be distributed in grade in the following 
percentages, respectively: rear admiral 0.375; rear admiral 
(lower half) 0.375; captain 6.0; commander 15.0; lieutenant 
commander 22.0. The Secretary shall prescribe the percentages 
applicable to the grades of lieutenant, lieutenant (junior 
grade), and ensign. The Secretary may, as the needs of the 
Coast Guard require, reduce the percentage applicable to any 
grade above lieutenant commander, and in order to compensate 
for such reduction increase correspondingly the percentage 
applicable to any lower grade.
  [(c) The Secretary shall, at least once each year, make a 
computation to determine the number of officers on the active 
duty promotion list authorized to be serving in each grade. The 
number in each grade shall be computed by applying the 
applicable percentage to the total number of such officers 
serving on active duty on the date the computation is made. In 
making computations under this section the nearest whole number 
shall be regarded as the authorized number in any case where 
there is a fraction in the final result.
  [(d) The numbers resulting from such computations shall be 
for all purposes the authorized number in each grade, except 
that the authorized number for a grade is temporarily increased 
during the period between one computation and the next by the 
number of officers originally appointed in that grade during 
that period and the number of officers of that grade for whom 
vacancies exist in the next higher grade but whose promotion 
has been delayed for any reason.
  [(e) Officers who are not included on the active duty 
promotion list, officers serving as extra numbers in grade 
under sections 432 and 433 of this title, and officers serving 
with other departments or agencies on a reimbursable basis or 
excluded under the provisions of section 324(d) of title 49, 
shall not be counted in determining authorized strengths under 
subsection (c) and shall not count against those strengths. The 
number of officers authorized to be serving on active duty in 
each grade of the permanent commissioned teaching staff of the 
Coast Guard Academy and of the Reserve serving in connection 
with organizing, administering, recruiting, instructing, or 
training the reserve components shall be prescribed by the 
Secretary.]

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

  (a) Maximum Total Number.--The total number of Coast Guard 
commissioned officers on the active duty promotion list, 
excluding warrant officers, shall not exceed 6,700; except that 
the Commandant may temporarily increase that number by up to 2 
percent for no more than 60 days following the date of the 
commissioning of a Coast Guard Academy class.
  (b) Distribution Percentages by Grade.--
          (1) Required.--The total number of commissioned 
        officers authorized by this section shall be 
        distributed in grade in the following percentages: 
        0.375 percent for rear admiral; 0.375 percent for rear 
        admiral (lower half); 6.0 percent for captain; 15.0 
        percent for commander; and 22.0 percent for lieutenant 
        commander.
          (2) Discretionary.--The Secretary shall prescribe the 
        percentages applicable to the grades of lieutenant, 
        lieutenant (junior grade), and ensign.
          (3) Authority of secretary to reduce percentage.--The 
        Secretary--
                  (A) may reduce, as the needs of the Coast 
                Guard require, any of the percentages set forth 
                in paragraph (1); and
                  (B) shall apply that total percentage 
                reduction to any other lower grade or 
                combination of lower grades.
  (c) Computations.--
          (1) In general.--The Secretary shall compute, at 
        least once each year, the total number of commissioned 
        officers authorized to serve in each grade by applying 
        the grade distribution percentages established by or 
        under this section to the total number of commissioned 
        officers listed on the current active duty promotion 
        list.
          (2) Rounding fractions.--Subject to subsection (a), 
        in making the computations under paragraph (1), any 
        fraction shall be rounded to the nearest whole number.
          (3) Treatment of officers serving outside coast 
        guard.--The number of commissioned officers on the 
        active duty promotion list below the rank of rear 
        admiral (lower half) serving with other Federal 
        departments or agencies on a reimbursable basis or 
        excluded under section 324(d) of title 49 shall not be 
        counted against the total number of commissioned 
        officers authorized to serve in each grade.
  (d) Use of Numbers; Temporary Increases.--The numbers 
resulting from computations under subsection (c) shall be, for 
all purposes, the authorized number in each grade; except that 
the authorized number for a grade is temporarily increased 
during the period between one computation and the next by the 
number of officers originally appointed in that grade during 
that period and the number of officers of that grade for whom 
vacancies exist in the next higher grade but whose promotion 
has been delayed for any reason.
  (e) Officers Serving Coast Guard Academy and Reserve.--The 
number of officers authorized to be serving on active duty in 
each grade of the permanent commissioned teaching staff of the 
Coast Guard Academy and of the Reserve serving in connection 
with organizing, administering, recruiting, instructing, or 
training the reserve components shall be prescribed by the 
Secretary.

           *       *       *       *       *       *       *


Sec. 47. Vice Commandant; [assignment] appointment

  The President may appoint, by and with the advice and consent 
of the Senate, one Vice Commandant who shall rank next after 
the Commandant, shall perform such duties as the Commandant may 
prescribe and shall act as Commandant during the absence or 
disability of the Commandant or in the event that there is a 
vacancy in the office of Commandant. The Vice Commandant shall 
be selected from the officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendation for such appointment. The Vice Commandant shall, 
while so serving, have the grade of [vice admiral] admiral with 
pay and allowances of that grade. The appointment and grade of 
a Vice Commandant shall be effective on the date the officer 
assumes that duty, and shall terminate on the date the officer 
is detached from that duty, except as provided in [subsection] 
section 51(d) of this title.

[Sec. 50. Area commanders

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Commander, Atlantic Area, and a 
Commander, Pacific Area, each of whom shall be an intermediate 
commander between the Commandant and the district commanders in 
his respective area and shall perform such duties as the 
Commandant may prescribe. The area commanders shall be 
appointed from officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendations for such appointments.
  [(b) An area commander shall, while so serving, have the 
grade of vice admiral with pay and allowances of that grade. 
The appointment and grade of an area commander shall be 
effective on the date the officer assumes that duty, and shall 
terminate on the date the officer is detached from that duty, 
except as provided in subsection 51(d) of this title.

[Sec. 50a. Chief of Staff

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Chief of Staff of the Coast Guard who 
shall rank next after the area commanders and who shall perform 
duties as prescribed by the Commandant. The Chief of Staff 
shall be appointed from the officers on the active duty 
promotion list serving above the grade of captain. The 
Commandant shall make recommendations for the appointment.
  [(b) The Chief of Staff shall have the grade of vice admiral 
with the pay and allowances of that grade. The appointment and 
grade of the Chief of Staff shall be effective on the date the 
officer assumes that duty, and shall terminate on the date the 
officer is detached from that duty, except as provided in 
section 51(d) of this title.]

Sec. 50. Vice admirals

  (a)(1) The President may designate 4 positions of importance 
and responsibility that shall be held by officers who--
          (A) while so serving, shall have the grade of vice 
        admiral, with the pay and allowances of that grade; and
          (B) shall perform any duties as the Commandant may 
        prescribe.
  (2) The 4 vice admiral positions authorized under paragraph 
(1) are, respectively, the following:
          (A) The Deputy Commandant for Mission Support.
          (B) The Deputy Commandant for Operations and Policy.
          (C) The Commander, Force Readiness Command.
          (D) The Commander, Operations Command.
  (3) The President may appoint, by and with the advice and 
consent of the Senate, and reappoint, by and with the advice 
and consent of the Senate, to each of the positions designated 
under paragraph (1) an officer of the Coast Guard who is 
serving on active duty above the grade of captain. The 
Commandant shall make recommendations for those appointments.
  (4)(A) Except as provided in subparagraph (B), the Deputy 
Commandant for Operations and Policy must have at least 10 
years experience in vessel inspection, marine casualty 
investigations, mariner licensing, or an equivalent technical 
expertise in the design and construction of commercial vessels, 
with at least 4 years of leadership experience at a staff or 
unit carrying out marine safety functions.
  (B) The requirements of subparagraph (A) do not apply to such 
Deputy Commandant if the subordinate officer serving in the 
grade of rear admiral with responsibilities for marine safety, 
security, and stewardship possesses that experience.
  (b)(1) The appointment and the grade of vice admiral under 
this section shall be effective on the date the officer assumes 
that duty and, except as provided in paragraph (2) of this 
subsection or in section 51(d) of this title, shall terminate 
on the date the officer is detached from that duty.
  (2) An officer who is appointed to a position designated 
under subsection (a) shall continue to hold the grade of vice 
admiral--
          (A) while under orders transferring the officer to 
        another position designated under subsection (a), 
        beginning on the date the officer is detached from duty 
        and terminating on the date before the day the officer 
        assumes the subsequent duty, but not for more than 60 
        days;
          (B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is 
        discharged from the hospital, but not for more than 180 
        days; and
          (C) while awaiting retirement, beginning on the date 
        the officer is detached from duty and ending on the day 
        before the officer's retirement, but not for more than 
        60 days.
  (c)(1) An appointment of an officer under subsection (a) does 
not vacate the permanent grade held by the officer.
  (2) An officer serving in a grade above rear admiral who 
holds the permanent grade of rear admiral (lower half) shall be 
considered for promotion to the permanent grade of rear admiral 
as if the officer was serving in the officer's permanent grade.
  (d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of 
the qualifications needed by an officer serving in that 
position to carry out effectively the duties and 
responsibilities of that position.

Sec. 51. Retirement

  [(a) An officer who, while serving in the grade of vice 
admiral, is retired for physical disability shall be placed on 
the retired list with the grade of vice admiral.
  [(b) An officer who is retired while serving in the grade of 
vice admiral, or who, after serving at least two and one-half 
years in the grade of vice admiral, is retired while serving in 
a lower grade, may in the discretion of the President, be 
retired with the grade of vice admiral.
  [(c) An officer who, after serving less than two and one-half 
years in the grade of vice admiral, is retired while serving in 
a lower grade, shall be retired in his permanent grade.]
  (a) An officer, other than the Commandant, who, while serving 
in the grade of admiral or vice admiral, is retired for 
physical disability shall be placed on the retired list with 
the highest grade in which that officer served.
  (b) An officer, other than the Commandant, who is retired 
while serving in the grade of admiral or vice admiral, or who, 
after serving at least two and one-half years in the grade of 
admiral or vice admiral, is retired while serving in a lower 
grade, may in the discretion of the President, be retired with 
the highest grade in which that officer served.
  (c) An officer, other than the Commandant, who, after serving 
less than two and one-half years in the grade of admiral or 
vice admiral, is retired while serving in a lower grade, shall 
be retired in his permanent grade.
  (d) An officer serving in the grade of admiral or vice 
admiral shall continue to hold that grade--
          (1) * * *
          (2) while awaiting retirement, beginning on the day 
        that officer is relieved from the position of 
        Commandant, Vice Commandant, [Area Commander, or Chief 
        of Staff] or Vice Admirals and ending on the day before 
        the officer's retirement, but not for more than 60 
        days.

Sec. 52. Vice admirals and admirals, continuity of grade

  The continuity of an officer's precedence on the active duty 
promotion list, date of rank, grade, pay, and allowances as a 
vice admiral or admiral shall not be interrupted by the 
termination of an appointment for the purpose of reappointment 
to another position as a vice admiral or admiral.

           *       *       *       *       *       *       *


Sec. 55. District Ombudsmen

  (a) In General.--The Commandant shall appoint an employee of 
the Coast Guard in each Coast Guard District as a District 
Ombudsman to serve as a liaison between ports, terminal 
operators, shipowners, and labor representatives and the Coast 
Guard.
  (b) Purpose.--The purpose of the District Ombudsman shall be 
the following:
          (1) To support the operations of the Coast Guard in 
        each port in the District for which the District 
        Ombudsman is appointed.
          (2) To improve communications between and among port 
        stakeholders including, port and terminal operators, 
        ship owners, labor representatives, and the Coast 
        Guard.
          (3) To seek to resolve disputes between the Coast 
        Guard and all petitioners regarding requirements 
        imposed or services provided by the Coast Guard.
  (c) Functions.--
          (1) Complaints.--The District Ombudsman may examine 
        complaints brought to the attention of the District 
        Ombudsman by a petitioner operating in a port or by 
        Coast Guard personnel.
          (2) Guidelines for disputes.--
                  (A) In general.--The District Ombudsman shall 
                develop guidelines regarding the types of 
                disputes with respect to which the District 
                Ombudsman will provide assistance.
                  (B) Limitation.--The District Ombudsman shall 
                not provide assistance with respect to a 
                dispute unless it involves the impact of Coast 
                Guard requirements on port business and the 
                flow of commerce.
                  (C) Priority.--In providing such assistance, 
                the District Ombudsman shall give priority to 
                complaints brought by petitioners who believe 
                they will suffer a significant hardship as the 
                result of implementing a Coast Guard 
                requirement or being denied a Coast Guard 
                service.
          (3) Consultation.--The District Ombudsman may consult 
        with any Coast Guard personnel who can aid in the 
        investigation of a complaint.
          (4) Access to information.--The District Ombudsman 
        shall have access to any Coast Guard document, 
        including any record or report, that will aid the 
        District Ombudsman in obtaining the information needed 
        to conduct an investigation of a compliant.
          (5) Reports.--At the conclusion of an investigation, 
        the District Ombudsman shall submit a report on the 
        findings and recommendations of the District Ombudsman, 
        to the Commander of the District in which the 
        petitioner who brought the complaint is located or 
        operating.
          (6) Deadline.--The District Ombudsman shall seek to 
        resolve each complaint brought in accordance with the 
        guidelines--
                  (A) in a timely fashion; and
                  (B) not later than 4 months after the 
                complaint is officially accepted by the 
                District Ombudsman.
  (d) Appointment.--The Commandant shall appoint as the 
District Ombudsman a civilian who has experience in port and 
transportation systems and knowledge of port operations or of 
maritime commerce (or both).
  (e) Annual Reports.--The Secretary shall report annually to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the matters brought before the 
District Ombudsmen, including--
          (1) the number of matters brought before each 
        District Ombudsman;
          (2) a brief summary of each such matter; and
          (3) the eventual resolution of each such matter.

Sec. 56. Chief Acquisition Officer

  (a) Establishment of Chief Acquisition Officer.--There shall 
be in the Coast Guard a Chief Acquisition Officer selected by 
the Commandant who shall be a Rear Admiral or civilian from the 
Senior Executive Service (career reserved) and who meets the 
qualifications set forth under subsection (b). The Chief 
Acquisition Officer shall serve at the Assistant Commandant 
level and have acquisition management as that individual's 
primary duty.
  (b) Qualifications.--
          (1) The Chief Acquisition Officer and any Flag 
        Officer serving in the Acquisitions Directorate shall 
        be an acquisition professional with a program manager 
        level III certification and must have at least 10 years 
        experience in an acquisition position, of which at 
        least 4 years were spent in one of the following 
        qualifying positions:
                  (A) Program executive officer.
                  (B) Program manager of a Level 1 or Level 2 
                acquisition.
                  (C) Deputy program manager of a Level 1 or 
                Level 2 acquisition.
                  (D) Project manager for a Level 1 or Level 2 
                acquisition.
                  (E) Any other acquisition position of 
                significant responsibility in which the primary 
                duties are supervisory or management duties.
          (2) The Commandant shall periodically publish a list 
        of the positions designated under this subsection.
  (c) Authority and Functions of the Chief Acquisition 
Officer.--The functions of the Chief Acquisition Officer shall 
include--
          (1) monitoring the performance of programs and 
        projects on the basis of applicable performance 
        measurements and advising the Commandant, through the 
        chain of command, regarding the appropriate business 
        strategy to achieve the missions of the Coast Guard;
          (2) maximizing the use of full and open competition 
        at the prime contract and subcontract levels in the 
        acquisition of property, capabilities, assets, and 
        services by the Coast Guard by establishing policies, 
        procedures, and practices that ensure that the Coast 
        Guard receives a sufficient number of sealed bids or 
        competitive proposals from responsible sources to 
        fulfill the Government's requirements, including 
        performance and delivery schedules, at the lowest cost 
        or best value considering the nature of the property, 
        capability, asset, or service procured;
          (3) making acquisition decisions in concurrence with 
        the technical authority of the Coast Guard, as 
        designated by the Commandant, and consistent with all 
        other applicable laws and decisions establishing 
        procedures within the Coast Guard;
          (4) ensuring the use of detailed performance 
        specifications in instances in which performance based 
        contracting is used;
          (5) managing the direction of acquisition policy for 
        the Coast Guard, including implementation of the unique 
        acquisition policies, regulations, and standards of the 
        Coast Guard;
          (6) developing and maintaining an acquisition career 
        management program in the Coast Guard to ensure that 
        there is an adequate acquisition workforce;
          (7) assessing the requirements established for Coast 
        Guard personnel regarding knowledge and skill in 
        acquisition resources and management and the adequacy 
        of such requirements for facilitating the achievement 
        of the performance goals established for acquisition 
        management;
          (8) developing strategies and specific plans for 
        hiring, training, and professional development; and
          (9) reporting to the Commandant, through the chain of 
        command, on the progress made in improving acquisition 
        management capability.

Sec. 57. Marine safety workforce

  (a) Designation of Marine Safety Workforce.--
          (1) In general.--The Secretary, acting through the 
        Commandant, shall designate those positions in the 
        Coast Guard that constitute the marine safety 
        workforce.
          (2) Required positions.--In designating positions 
        under paragraph (1), the Secretary shall include, at a 
        minimum, the following marine safety-related positions:
                  (A) Program oversight.
                  (B) Vessel and facility inspection.
                  (C) Casualty investigation.
                  (D) Pollution investigation.
                  (E) Merchant Mariner licensing, 
                documentation, and registry.
                  (F) Marine safety engineering or other 
                technical activities.
          (3) Marine safety management headquarter 
        activities.--The Secretary shall also designate under 
        paragraph (1) those marine safety-related positions 
        located at Coast Guard headquarters units, including 
        the Marine Safety Center and the National Maritime 
        Center.
  (b) Career Paths.--The Secretary, acting through the 
Commandant, shall ensure that appropriate career paths for 
civilian and military Coast Guard personnel who wish to pursue 
careers in marine safety are identified in terms of the 
education, training, experience, and assignments necessary for 
career progression of civilians and members of the Armed Forces 
to the most senior marine safety positions. The Secretary shall 
make available published information on such career paths.
  (c) Qualifications.--With regard to the marine safety 
workforce, an officer, member, or civilian employee of the 
Coast Guard assigned as a--
          (1) marine inspector shall have the training, 
        experience, and qualifications equivalent to that 
        required for a similar position at a classification 
        society recognized by the Secretary under section 3316 
        of title 46 for the type of vessel, system, or 
        equipment that is inspected;
          (2) marine casualty investigator shall have training, 
        experience, and qualifications in investigation, marine 
        casualty reconstruction, evidence collection and 
        preservation, human factors, and documentation using 
        best investigation practices by Federal and non-Federal 
        entities; or
          (3) marine safety engineer shall have knowledge, 
        skill, and practical experience in--
                  (A) the construction and operation of 
                commercial vessels;
                  (B) judging the character, strength, 
                stability, and safety qualities of such vessels 
                and their equipment; or
                  (C) the qualifications and training of vessel 
                personnel.
  (d) Apprenticeship Requirement.--Any officer, member, or 
employee of the Coast Guard in training to become a marine 
inspector, marine casualty investigator, or a marine safety 
engineer shall serve a minimum of one-year apprenticeship, 
unless otherwise directed by the Commandant, under the guidance 
of a qualified marine inspector, marine casualty investigator, 
or marine safety engineer. The Commandant may authorize shorter 
apprenticeship periods for certain qualifications, as 
appropriate.
  (e) Balanced Workforce Policy.--In the development of marine 
safety workforce policies under this section with respect to 
any civilian employees or applicants for employment with the 
Coast Guard, the Secretary shall, consistent with the merit 
system principles set out in paragraphs (1) and (2) of section 
2301(b) of title 5, take into consideration the need to 
maintain a balanced workforce in which women and members of 
racial and ethnic minority groups are appropriately represented 
in Government service.
  (f) Management Information System.--The Secretary, acting 
through the Commandant, shall establish a management 
information system for the marine safety workforce that shall 
provide, at a minimum, the following standardized information 
on persons serving in marine safety positions:
          (1) Qualifications, assignment history, and tenure in 
        assignments of persons in the marine safety workforce.
          (2) Promotion rates for military and civilian 
        personnel in the marine safety workforce.
  (g) Assessment of Adequacy of Marine Safety Workforce.--
          (1) Report.--The Secretary, acting through the 
        Commandant, shall report to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate by December 1 of each 
        year on the adequacy of the current marine safety 
        workforce to meet that anticipated workload.
          (2) Contents.--The report shall specify the number of 
        civilian and military Coast Guard personnel currently 
        assigned to marine safety positions and shall identify 
        positions that are understaffed to meet the anticipated 
        marine safety workload.
  (h) Sector Chief of Marine Safety.--
          (1) In general.--There shall be in each Coast Guard 
        sector a Chief of Marine Safety who shall be at least a 
        Lieutenant Commander or civilian employee within the 
        grade GS-13 of the General Schedule, and who shall be 
        a--
                  (A) marine inspector, qualified to inspect 
                vessels, vessel systems, and equipment commonly 
                found in the sector; and
                  (B) qualified marine casualty investigator.
          (2) Functions.--The Chief of Marine Safety for a 
        sector--
                  (A) is responsible for all individuals who, 
                on behalf of the Coast Guard, inspect or 
                examine vessels, conduct marine casualty 
                investigations; and
                  (B) if not the Coast Guard officer in command 
                of that sector, is the principal advisor to the 
                Sector Commander regarding marine safety 
                matters in that sector.
  (i) Signatories of Letter of Qualification.--Each individual 
signing a letter of qualification for marine safety personnel 
must hold a letter of qualification for the type being 
certified.

Sec. 58. Centers of Expertise for Marine Safety

  (a) Establishment.--The Commandant of the Coast Guard may 
establish and operate one or more Centers of Expertise for 
Marine Safety (in this section referred to as a ``Center'').
  (b) Missions.--The Centers shall--
          (1) be used to provide and facilitate education, 
        training, and research in marine safety including 
        vessel inspection and causality investigation;
          (2) develop a repository of information on marine 
        safety; and
          (3) perform any other missions as the Commandant may 
        specify.
  (c) Joint Operation With Educational Institution 
Authorized.--The Commandant may enter into an agreement with an 
appropriate official of an institution of higher education to--
          (1) provide for joint operation of a Center; and
          (2) provide necessary administrative services for a 
        Center, including administration and allocation of 
        funds.
  (d) Acceptance of Donations.--(1) Except as provided in 
paragraph (2), the Commandant may accept, on behalf of a 
Center, donations to be used to defray the costs of the Center 
or to enhance the operation of the Center. Those donations may 
be accepted from any State or local government, any foreign 
government, any foundation or other charitable organization 
(including any that is organized or operates under the laws of 
a foreign country), or any individual.
  (2) The Commandant may not accept a donation under paragraph 
(1) if the acceptance of the donation would compromise or 
appear to compromise--
          (A) the ability of the Coast Guard or the department 
        in which the Coast Guard is operating, any employee of 
        the Coast Guard or the department, or any member of the 
        Armed Forces to carry out any responsibility or duty in 
        a fair and objective manner; or
          (B) the integrity of any program of the Coast Guard, 
        the department in which the Coast Guard is operating, 
        or of any person involved in such a program.
          (3) The Commandant shall prescribe written guidance 
        setting forth the criteria to be used in determining 
        whether or not the acceptance of a donation from a 
        foreign source would have a result described in 
        paragraph (2).

Sec. 59. Marine industry training program

  (a) In General.--The Commandant shall, by policy, establish a 
program under which an officer, member, or employee of the 
Coast Guard may be assigned to a private entity to further the 
institutional interests of the Coast Guard with regard to 
marine safety, including for the purpose of providing training 
to an officer, member, or employee. Policies to carry out the 
program--
          (1) with regard to an employee of the Coast Guard, 
        shall include provisions, consistent with sections 3702 
        through 3704 of title 5, as to matters concerning--
                  (A) the duration and termination of 
                assignments;
                  (B) reimbursements; and
                  (C) status, entitlements, benefits, and 
                obligations of program participants; and
          (2) shall require the Commandant, before approving 
        the assignment of an officer, member, or employee of 
        the Coast Guard to a private entity, to determine that 
        the assignment is an effective use of the Coast Guard's 
        funds, taking into account the best interests of the 
        Coast Guard and the costs and benefits of alternative 
        methods of achieving the same results and objectives.
  (b) Annual Report.--Not later than the date of the submission 
each year of the President's budget request under section 1105 
of title 31, the Commandant shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that describes--
          (1) the number of officers, members, and employees of 
        the Coast Guard assigned to private entities under this 
        section; and
          (2) the specific benefit that accrues to the Coast 
        Guard for each assignment.

           *       *       *       *       *       *       *


                    CHAPTER 5--FUNCTIONS AND POWERS

Sec.
81.  Aids to navigation authorized.
     * * * * * * *
99.  Enforcement authority.
100.  Enforcement of coastwise trade laws.
101.  Marine safety.
102.  Appeals and waivers.

           *       *       *       *       *       *       *


Sec. 93. Commandant; general powers

  (a) * * *

           *       *       *       *       *       *       *

  (c) Marine Safety Responsibilities.--In exercising the 
Commandant's duties and responsibilities with regard to marine 
safety, the individual with the highest rank who meets the 
experience qualifications set forth in section 50(a)(4) shall 
serve as the principal advisor to the Commandant regarding--
          (1) the operation, regulation, inspection, 
        identification, manning, and measurement of vessels, 
        including plan approval and the application of load 
        lines;
          (2) approval of materials, equipment, appliances, and 
        associated equipment;
          (3) the reporting and investigation of marine 
        casualties and accidents;
          (4) the licensing, certification, documentation, 
        protection and relief of merchant seamen;
          (5) suspension and revocation of licenses and 
        certificates;
          (6) enforcement of manning requirements, citizenship 
        requirements, control of log books;
          (7) documentation and numbering of vessels;
          (8) State boating safety programs;
          (9) commercial instruments and maritime liens;
          (10) the administration of bridge safety;
          (11) administration of the navigation rules;
          (12) the prevention of pollution from vessels;
          (13) ports and waterways safety;
          (14) waterways management; including regulation for 
        regattas and marine parades;
          (15) aids to navigation; and
          (16) other duties and powers of the Secretary related 
        to marine safety and stewardship.
  (d) Other Authority Not Affected.--Nothing in subsection (c) 
affects--
          (1) the authority of Coast Guard officers and members 
        to enforce marine safety regulations using authority 
        under section 89 of this title; or
          (2) the exercise of authority under section 91 of 
        this title and the provisions of law codified at 
        sections 191 through 195 of title 50 on the date of 
        enactment of this paragraph.

           *       *       *       *       *       *       *


Sec. 96. Prohibition on overhaul, repair, and maintenance of Coast 
                    Guard vessels in foreign shipyards

  A Coast Guard vessel the home port of which is in [a State of 
the United States] the United States or Guam may not be 
overhauled, repaired, or maintained in a shipyard outside the 
United States or Guam, other than in the case of voyage 
repairs.

           *       *       *       *       *       *       *


Sec. 99. Enforcement authority

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

Sec. 100. Enforcement of coastwise trade laws

  Officers and members of the Coast Guard are authorized to 
enforce chapter 551 of title 46. The Secretary shall establish 
a program for these officers and members to enforce that 
chapter, including the application of those laws to vessels 
that support the exploration, development, and production of 
oil, gas, or mineral resources in the Gulf of Mexico.

Sec. 101. Marine safety

  To protect life, property, and the environment on, under, and 
over waters subject to the jurisdiction of the United States 
and on vessels subject to the jurisdiction of the United 
States, the Commandant shall promote maritime safety as 
follows:
          (1) By taking actions necessary and in the public 
        interest to protect such life, property, and the 
        environment.
          (2) Based on the following priorities:
                  (A) Preventing marine casualties and threats 
                to the environment.
                  (B) Minimizing the impacts of marine 
                casualties and environmental threats.
                  (C) Maximizing lives and property saved and 
                environment protected in the event of a marine 
                casualty.

Sec. 102. Appeals and waivers

  Except for the Commandant of the Coast Guard, any individual 
adjudicating an appeal or waiver of a decision regarding marine 
safety, including inspection or manning and threats to the 
environment, shall--
          (1) be a qualified specialist with the training, 
        experience, and qualifications in marine safety to 
        effectively judge the facts and circumstances involved 
        in the appeal and make a judgment regarding the merits 
        of the appeal; or
          (2) have a senior staff member who--
                  (A) meets the requirements of paragraph (1);
                  (B) actively advises the individual 
                adjudicating the appeal; and
                  (C) concurs in writing on the decision on 
                appeal.

           *       *       *       *       *       *       *


               CHAPTER 7--COOPERATION WITH OTHER AGENCIES

Sec.
141.  Cooperation with other agencies, States, territories, and 
          political subdivisions.
     * * * * * * *
153.  Appointment of judges.

           *       *       *       *       *       *       *


Sec. 149. Assistance to foreign governments and maritime authorities

  (a) * * *

           *       *       *       *       *       *       *

  (c) Grants to International Maritime Organizations.--After 
consultation with the Secretary of State, the Commandant may 
make grants to, or enter into cooperative agreements, 
contracts, or other agreements with, international maritime 
organizations for the purpose of acquiring information or data 
about merchant vessel inspections, security, safety, 
classification, and port state or flag state law enforcement or 
oversight.

           *       *       *       *       *       *       *


Sec. 151. Contracts with Government-owned establishments for work and 
                    material

  (a) In General.--All orders or contracts for work or 
material, under authorization of law, placed with Government-
owned establishments by the Coast Guard, shall be considered as 
obligations in the same manner as provided for similar orders 
or contracts placed with private contractors, and 
appropriations for such work or material shall remain available 
for payment therefor as in the case of orders or contracts 
placed with private contractors.
  (b) Orders and Agreements for Industrial Activities.--Under 
this section, the Coast Guard industrial activities may accept 
orders from and enter into reimbursable agreements with 
establishments, agencies, and departments of the Department of 
Defense.

           *       *       *       *       *       *       *


Sec. 153. Appointment of judges

  The Secretary may appoint civilian employees of the 
Department in which the Coast Guard is operating as appellate 
military judges, available for assignment to the Coast Guard 
Court of Criminal Appeals as provided for in section 866(a) of 
title 10.

           *       *       *       *       *       *       *


                     CHAPTER 9--COAST GUARD ACADEMY

Sec.
181.  Administration of Academy.
     * * * * * * *
199.  Minority recruiting program.
200.  Marine safety curriculum.

           *       *       *       *       *       *       *


Sec. 182. Cadets; number, appointment, obligation to serve

  [(a) The number of cadets appointed annually to the Academy 
shall be as determined by the Secretary but the number 
appointed in any one year shall not exceed six hundred. 
Appointments to cadetships shall be made under regulations 
prescribed by the Secretary, who shall determine age limits, 
methods of selection of applicants, term of service as a cadet 
before graduation, and all other matters affecting such 
appointments. All such appointments shall be made without 
regard to the sex, race, color, or religious beliefs of an 
applicant. In the administration of this chapter, the Secretary 
shall take such action as may be necessary and appropriate to 
insure that female individuals shall be eligible for 
appointment and admission to the Coast Guard Academy, and that 
the relevant standards required for appointment, admission, 
training, graduation, and commissioning of female individuals 
shall be the same as those required for male individuals, 
except for those minimum essential adjustments in such 
standards required because of physiological differences between 
male and female individuals. The Secretary may summarily 
dismiss from the Coast Guard any cadet who, during his 
cadetship, is found unsatisfactory in either studies or 
conduct, or may be deemed not adapted for a career in the Coast 
Guard. Cadets shall be subject to rules governing discipline 
prescribed by the Commandant.]
  (a) Corps of Cadets; Number; Nomination.--
          (1) The authorized strength of the Corps of Cadets 
        (determined for any academic program year as of the day 
        before the last day of the academic program year) is 
        1,000, excluding those foreign nationals admitted for 
        instructions pursuant to section 195. Subject to that 
        limitation, cadets are selected as follows:
                  (A) Not more than 10 individuals, appointed 
                by the Secretary of Homeland Security, in order 
                of merit as established by competitive 
                examination, from the children of members of 
                the Armed Forces who were killed in action or 
                died of, or have a service-connected disability 
                at not less than 100 per centum resulting from, 
                wounds or injuries received or diseases 
                contracted in, or preexisting injury or disease 
                aggravated by, active service, children of 
                members who are in a ``missing status'' (as 
                defined in section 551(2) of title 37), and 
                children of civilian employees who are in 
                ``missing status'' (as defined in section 
                5561(5) of title 5). The determination of the 
                Department of Veterans Affairs as to service 
                connection of the cause of death or disability 
                is rated, is binding upon the Secretary.
                  (B) Not less than one, nominated at large by 
                the Vice President or, if there is no Vice 
                President, by the President pro tempore of the 
                Senate.
                  (C) Not less than one, nominated by each 
                Senator.
                  (D) Not less than one, nominated by each 
                Representative in Congress.
                  (E) Not less than one, nominated by the 
                Delegate to the House of Representatives from 
                the District of Columbia, the Delegate in 
                Congress from the Virgin Islands, the Resident 
                Commissioner from Puerto Rico, the Delegate in 
                Congress from Guam, the Delegate in Congress 
                from American Samoa, or the Resident 
                Representative from the Commonwealth of the 
                Northern Mariana Islands.
        Each Senator, Representative, and Delegate in Congress, 
        including the Resident Commissioner and the Resident 
        Representative, is entitled to nominate 10 persons each 
        year. Cadets who do not graduate on time shall not 
        count against the allocations pursuant to subparagraphs 
        (B)-(E). Nominees may be submitted without ranking or 
        with a principal candidate and 9 ranked or unranked 
        alternates. A nominee not selected for appointment 
        under this paragraph shall be considered an alternate 
        for the purposes of appointment under paragraph (2).
          (2) The Secretary may appoint, each academic program 
        year, individuals who are either--
                  (A) alternates nominated pursuant to 
                paragraph (1) (C), (D), or (E); or
                  (B) applicants who applied directly for 
                admission.
          (3) In addition, the Secretary may appoint, each 
        academic program year, individuals who are--
                  (A) children of members of the Armed Forces 
                who--
                          (i) are on active duty (other than 
                        for training) and who have served 
                        continuously on active duty for at 
                        least eight years;
                          (ii) are, or who died while they 
                        were, retired with pay or granted 
                        retired or retainer pay;
                          (iii) are serving as members of 
                        reserve components and are credited 
                        with at least eight years of service;
                          (iv) would be, or who died while they 
                        would have been, entitled to retired 
                        pay, except for not having attained 60 
                        years of age; or
                          (v) have been awarded the Medal of 
                        Honor;
                the total number of whom cannot exceed 5 
                percent of the class to be admitted; however, a 
                person who is eligible for selection under 
                subsection (a)(1)(A) may not be selected under 
                this subparagraph;
                  (B) enlisted members of the Coast Guard or 
                the Coast Guard Reserve, the total number of 
                whom cannot exceed 5 percent of the class to be 
                admitted;
                  (C) graduates of the Coast Guard Scholars 
                program, the total number of whom cannot exceed 
                30 percent of the class to be admitted; and
                  (D) individuals who possess qualities that 
                the Superintendent identifies to be of 
                particular value to the Academy and the 
                Service, the total number of whom cannot exceed 
                20 percent of the class to be admitted.
          (4) An individual shall be qualified for nomination, 
        selection, and appointment as a cadet at the Academy 
        only if the individual--
                  (A) is a citizen or national of the United 
                States; and
                  (B) meets such minimum requirements that the 
                Secretary may establish.
          (5) The Superintendent shall furnish to any Member of 
        Congress, upon the written request of such Member, the 
        name of the Congressman or other nominating authority 
        responsible for the nomination of any named or 
        identified person for appointment to the Academy.
          (6) For purposes of the limitation in subsection 
        (a)(1) establishing the aggregate authorized strength 
        of the Corps of Cadets, the Secretary may, for any 
        academic program year, permit a variance in that 
        limitation by not more than 5 percent. In applying that 
        limitation, and any such variance, the last day of an 
        academic program year shall be considered to be 
        graduation day.

           *       *       *       *       *       *       *


Sec. 199. Minority recruiting program

  The Secretary of the department in which the Coast Guard is 
operating shall establish a minority recruiting program for 
prospective cadets at the Coast Guard Academy. The program may 
include--
          (1) use of minority cadets and officers to provide 
        information regarding the Coast Guard and the Academy 
        to students in high schools;
          (2) sponsoring of trips to high school teachers and 
        guidance counselors to the Academy;
          (3) to the extent authorized by the Secretary of the 
        Navy, maximizing the use of the Naval Academy 
        Preparatory School to prepare students to be cadets at 
        the Coast Guard Academy;
          (4) recruiting minority members of the Coast Guard to 
        attend the Academy;
          (5) establishment of a minority affairs office at the 
        Academy; and
          (6) use of minority officers and members of the Coast 
        Guard Reserve and Auxiliary to promote the Academy.

Sec. 200. Marine safety curriculum

  The Commandant of the Coast Guard shall ensure that 
professional courses of study in marine safety are provided at 
the Coast Guard Academy, and during other officer accession 
programs, to give Coast Guard cadets and other officer 
candidates a background and understanding of the marine safety 
program. These courses may include such topics as program 
history, vessel design and construction, vessel inspection, 
casualty investigation, and administrative law and regulations.

           *       *       *       *       *       *       *


                         CHAPTER 11--PERSONNEL

                                Officers

                              a. appointments

Sec.
211.  Original appointment of permanent commissioned officers.
     * * * * * * *
[216.  Director of Boating Safety Office]
     * * * * * * *

           d. discharges; retirements; revocation of commissions

     * * * * * * *
[293.  Compulsory retirement at age of sixty-two.]
293.  Compulsory retirement.
     * * * * * * *

                           GENERAL PROVISIONS

     * * * * * * *
426.  Emergency leave retention authority.

           *       *       *       *       *       *       *


                                OFFICERS

A. Appointments

           *       *       *       *       *       *       *


Sec. 214. Appointment of temporary officers

  [(a) The President may appoint temporary commissioned 
officers in the Regular Coast Guard in a grade, not above 
lieutenant, appropriate to their qualifications, experience, 
and length of service, as the needs of the Coast Guard may 
require, from among the commissioned warrant officers, warrant 
officers, and enlisted members of the Coast Guard, and from 
licensed officers of the United States merchant marine.]
  (a) The president may appoint temporary commissioned 
officers--
          (1) in the Regular Coast Guard in a grade, not above 
        lieutenant, appropriate to their qualifications, 
        experience, and length of service, as the needs of the 
        Coast Guard may require, from among the commissioned 
        warrant officers, warrant officers, and enlisted 
        members of the Coast Guard, and from holders of 
        licenses issued under chapter 71 of title 46; and
          (2) in the Coast Guard Reserve in a grade, not above 
        lieutenant, appropriate to their qualifications, 
        experience, and length of service, as the needs of the 
        Coast Guard may require, from among the commissioned 
        warrant officers of the Coast Guard Reserve.

           *       *       *       *       *       *       *


[Sec. 216. Director of Boating Safety Office

  [The initial appointment of the Director of the Boating 
Safety Office shall be in the grade of Captain.]

           *       *       *       *       *       *       *


B. Selection for Promotion

           *       *       *       *       *       *       *


Sec. 253. Selection boards; notice of convening; communication with 
                    board

  (a) Before a board is convened under section 251 of this 
title, notice of the convening date, the promotion zone to be 
considered, and the officers eligible for consideration[, and 
the number of officers the board may recommend for promotion] 
shall be given to the service at large.

           *       *       *       *       *       *       *


Sec. 258. Selection boards; information to be furnished boards

  (a) In General.--The Secretary shall furnish the appropriate 
selection board convened under section 251 of this title 
with[:]--
          (1) * * *

           *       *       *       *       *       *       *

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

Sec. 259. Officers to be recommended for promotion

  (a) A selection board convened to recommend officers for 
promotion shall recommend those eligible officers whom the 
board, giving due consideration to the needs of the Coast Guard 
for officers with particular skills so noted in specific 
direction furnished to the board by the Secretary under section 
258 of this title, considers best qualified of the officers 
under consideration for promotion. No officer may be 
recommended for promotion unless he receives the recommendation 
of at least a majority of the members of a board composed of 
five members, or at least two-thirds of the members of a board 
composed of more than five members.

           *       *       *       *       *       *       *


Sec. 260. Selection boards; reports

  (a) * * *
  (b) A board convened under section 251 of this title shall 
certify that, in the opinion of at least a majority of the 
members if the board has five members, or in the opinion of at 
least two-thirds of the members if the board has more than five 
members, the officers recommended for promotion are the best 
qualified for promotion to meet the needs of the service (as 
noted in specific direction furnished the board by the 
Secretary under section 258 of this title) of those officers 
whose names have been furnished to the board.

           *       *       *       *       *       *       *


D. Discharges; Retirements; Revocation of Commissions

           *       *       *       *       *       *       *


Sec. 290. Rear admirals and rear admirals (lower half); continuation on 
                    active duty; involuntary retirement

  (a) The Secretary shall from time to time convene boards to 
recommend for continuation on active duty the most senior 
officers on the active duty promotion list serving in the grade 
of rear admiral (lower half) or rear admiral who have not 
previously been considered for continuation in that grade. 
[Officers serving for the time being or who have served in the 
grade of vice admiral are not subject to consideration for 
continuation under this subsection, and as to all other 
provisions of this section shall be considered as having been 
continued in the grade of rear admiral.] Officers, other than 
the Commandant, serving for the time being or who have served 
in the grade of vice admiral or admiral are not subject to 
consideration for continuation under this subsection, and as to 
all other provisions of this section shall be considered as 
having been continued in the grade of rear admiral. A board 
shall consist of at least five officers serving in the grade of 
vice admiral or as rear admirals previously continued. Boards 
shall be convened frequently enough to assure that each officer 
serving in the grade of rear admiral (lower half) or rear 
admiral is subject to consideration for continuation during a 
promotion year in which that officer completes not less than 
four or more than five years combined service in the grades of 
rear admiral (lower half) and rear admiral.

           *       *       *       *       *       *       *


[Sec. 293. Compulsory retirement at age of sixty-two

  [Any regular commissioned officer, except a commissioned 
warrant officer, who has reached the age of sixty-two shall be 
retired from active service.]

Sec. 293. Compulsory retirement

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

           *       *       *       *       *       *       *


GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 426. Emergency leave retention authority

  With regard to a member of the Coast Guard who serves on 
active duty, a duty assignment in support of a declaration of a 
major disaster or emergency by the President under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) shall be treated, for the purpose of 
section 701(f)(2) of title 10, a duty assignment in support of 
a contingency operation.

           *       *       *       *       *       *       *


   CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

Sec.
461.  Remission of indebtedness of enlisted members upon discharge.
     * * * * * * *
518.  Reimbursement for medical-related travel expenses for certain 
          persons residing on islands in the continental US

           *       *       *       *       *       *       *


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

  In any case in which a covered beneficiary (as defined in 
section 1072(5) of title 10) resides on an island that is 
located in the 48 contiguous States and the District of 
Columbia and that lacks public access roads to the mainland and 
is referred by a primary care physician to a specialty care 
provider (as defined in section 1074i(b) of title 10) on the 
mainland who provides services less than 100 miles from the 
location where the beneficiary resides, the Secretary shall 
reimburse the reasonable travel expenses of the covered 
beneficiary and, when accompaniment by an adult is necessary, 
for a parent or guardian of the covered beneficiary or another 
member of the covered beneficiary's family who is at least 21 
years of age.

           *       *       *       *       *       *       *


CHAPTER 17--ADMINISTRATION

           *       *       *       *       *       *       *


Sec. 637. Stopping vessels; indemnity for firing at or into vessel

  (a) * * *

           *       *       *       *       *       *       *

  (c) A vessel or aircraft is an authorized vessel or 
authorized aircraft for purposes of this section if--
          (1) it is a Coast Guard vessel or aircraft[; or];
          (2) it is a surface naval vessel or military aircraft 
        on which one or more members of the Coast Guard are 
        assigned pursuant to section 379 of title 10[.]; or
          (3) any other vessel or aircraft on government 
        noncommercial service when--
                  (A) the vessel or aircraft is under the 
                tactical control of the Coast Guard; and
                  (B) at least one member of the Coast Guard is 
                assigned and conducting a Coast Guard mission 
                on the vessel or aircraft.

Sec. 638. Coast Guard ensigns and pennants

  (a) [Coast Guard vessels and aircraft] Vessels and aircraft 
authorized by the Secretary shall be distinguished from other 
vessels and aircraft by an ensign, pennant, or other 
identifying insignia of such design as prescribed by the 
Secretary. Such ensign, pennant, or other identifying insignia 
shall be displayed in accordance with regulations prescribed by 
the Secretary.

           *       *       *       *       *       *       *

                              ----------                              


                ARMED FORCES RETIREMENT HOME ACT OF 1991

TITLE XV--ARMED FORCES RETIREMENT HOME

           *       *       *       *       *       *       *


SEC. 1502. DEFINITIONS.

  For purposes of this title:
          (1) * * *

           *       *       *       *       *       *       *

          [(4) The term ``Armed Forces'' does not include the 
        Coast Guard when it is not operating as a service in 
        the Navy.]
          (5) The term ``chief personnel officers'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) the Deputy Chief of Staff for Personnel 
                of the Air Force; [and]
                  (D) the Deputy Commandant of the Marine Corps 
                for Manpower and Reserve Affairs[.]; and
                  (E) the Assistant Commandant of the Coast 
                Guard for Human Resources.
          (6) The term ``senior noncommissioned officers'' 
        means the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) The Master Chief Petty Officer of the 
                Coast Guard.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 10, UNITED STATES CODE

           *       *       *       *       *       *       *


Subtitle A--General Military Law

           *       *       *       *       *       *       *


PART IV--SERVICE, SUPPLY, AND PROCUREMENT

           *       *       *       *       *       *       *


CHAPTER 165--ACCOUNTABILITY AND RESPONSIBILITY

           *       *       *       *       *       *       *


Sec. 2772. Share of fines and forfeitures to benefit Armed Forces 
                    Retirement Home

  (a) Deposit Required.--The Secretary of the military 
department concerned or, in the case of the Coast Guard, the 
Commandant shall deposit in the Armed Forces Retirement Home 
Trust Fund a percentage (determined under subsection (b)) of 
the following amounts:
          (1) * * *

           *       *       *       *       *       *       *

  [(c) Application to Coast Guard.--In this section, the term 
``armed forces'' does not include the Coast Guard when it is 
not operating as a service in the Navy.]

           *       *       *       *       *       *       *

                              ----------                              


TITLE 37, UNITED STATES CODE

           *       *       *       *       *       *       *


CHAPTER 19--ADMINISTRATION

           *       *       *       *       *       *       *


Sec. 1007. Deductions from pay

  (a) * * *

           *       *       *       *       *       *       *

  (i)(1) * * *

           *       *       *       *       *       *       *

  (3) The Secretary of Defense or, in the case of the Coast 
Guard, the Commandant, after consultation with the Armed Forces 
Retirement Home Board, shall determine from time to time the 
amount to be deducted under paragraph (1) from the pay of 
enlisted members, warrant officers, and limited duty officers 
on the basis of the financial needs of the Armed Forces 
Retirement Home. The amount to be deducted may be fixed at 
different amounts on the basis of grade or length of service, 
or both.
  [(4) In this subsection, the term ``armed forces'' does not 
include the Coast Guard when it is not operating as a service 
in the Navy.]
  [(5)] (4) This subsection does not apply to an enlisted 
member, warrant officer, or limited duty officer of a reserve 
component.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 605 OF THE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004

           *       *       *       *       *       *       *


SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.

  (a) * * *
  (b) Study and Report.--
          (1) In general.--[The Secretary of Transportation 
        shall conduct a study that] The Institute shall conduct 
        maritime transportation studies of the Great Lakes 
        region, including studies that--
                  (A) [evaluates] evaluate short sea shipping 
                market opportunities on the Great Lakes, 
                including the expanded use of freight ferries, 
                improved mobility, and regional supply chain 
                efficiency;
                  (B) [evaluates] evaluate markets for foreign 
                trade between ports on the Great Lakes and 
                draft-limited ports in Europe and Africa;
                  (C) [evaluates] evaluate the environmental 
                benefits of waterborne transportation in the 
                Great Lakes region;
                  (D) [analyzes] analyze the effect on Great 
                Lakes shipping of the tax imposed by section 
                4461(a) of the Internal Revenue Code of 1986;
                  (E) [evaluates] evaluate the state of 
                shipbuilding and ship repair bases on the Great 
                Lakes;
                  (F) [evaluates] evaluate opportunities for 
                passenger vessel services on the Great Lakes;
                  (G) [analyzes] analyze the origin-to-
                destination flow of freight cargo in the Great 
                Lakes region that may be transported on vessels 
                to relieve congestion in other modes of 
                transportation;
                  (H) [evaluates] evaluate the economic 
                viability of establishing transshipment 
                facilities for oceangoing cargoes on the Great 
                Lakes;
                  (I) [evaluates] evaluate the adequacy of the 
                infrastructure in Great Lakes ports to meet the 
                needs of marine commerce; [and]
                  (J) [evaluates] evaluate new vessel designs 
                for domestic and international shipping on the 
                Great Lakes[.];
                  (K) identify ways to improve the integration 
                of the Great Lakes marine transportation system 
                into the national transportation system;
                  (L) examine the potential of expanded 
                operations on the Great Lakes marine 
                transportation system;
                  (M) identify ways to include intelligent 
                transportation applications into the Great 
                Lakes marine transportation system;
                  (N) analyze the effects and impacts of aging 
                infrastructure and port corrosion on the Great 
                Lakes marine transportation system;
                  (O) establish and maintain a model Great 
                Lakes marine transportation system database; 
                and
                  (P) identify market opportunities for, and 
                impediments to, the use of United States-flag 
                vessels in trade with Canada on the Great 
                Lakes.

           *       *       *       *       *       *       *

          [(4) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary 
        $1,500,000 for each of fiscal years 2005 and 2006 to 
        carry out paragraph (1).]
          (4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out paragraph 
        (1)--
                  (A) $2,400,000 for fiscal year 2010;
                  (B) $2,500,000 for fiscal year 2011;
                  (C) $2,600,000 for fiscal year 2012; and
                  (D) $2,700,000 for fiscal year 2013.
                              ----------                              


TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *


                       Part A--General Provisions

                          CHAPTER 21--GENERAL

Sec.
2101.  General definitions.
     * * * * * * *
2116.  Marine safety strategy, goals, and performance assessments.
2117.  Termination for unsafe operation.
2118.  Establishment of equipment standards.

           *       *       *       *       *       *       *


Sec. 2101. General definitions

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


Sec. 2114. Protection of seamen against discrimination

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


Sec. 2116. Marine safety strategy, goals, and performance assessments

  (a) Long-Term Strategy and Goals.--In conjunction with 
existing federally required strategic planning efforts, the 
Secretary shall develop a long-term strategy for improving 
vessel safety and the safety of individuals on vessels. The 
strategy shall include the issuance each year of an annual plan 
and schedule for achieving the following goals:
          (1) Reducing the number and rates of marine 
        casualties.
          (2) Improving the consistency and effectiveness of 
        vessel and operator enforcement and compliance 
        programs.
          (3) Identifying and targeting enforcement efforts at 
        high-risk vessels and operators.
          (4) Improving research efforts to enhance and promote 
        vessel and operator safety and performance.
  (b) Contents of Strategy and Annual Plans.--
          (1) Measurable goals.--The strategy and annual plans 
        shall include specific numeric or measurable goals 
        designed to achieve the goals set forth in subsection 
        (a). The purposes of the numeric or measurable goals 
        are the following:
                  (A) To increase the number of safety 
                examinations on all high-risk vessels.
                  (B) To eliminate the backlog of marine 
                safety-related rulemakings.
                  (C) To improve the quality and effectiveness 
                of marine safety information databases by 
                ensuring that all Coast Guard personnel 
                accurately and effectively report all safety, 
                casualty, and injury information.
                  (D) To provide for a sufficient number of 
                Coast Guard marine safety personnel, and 
                provide adequate facilities and equipment to 
                carry out the functions referred to in section 
                93(c).
          (2) Resource needs.--The strategy and annual plans 
        shall include estimates of--
                  (A) the funds and staff resources needed to 
                accomplish each activity included in the 
                strategy and plans; and
                  (B) the staff skills and training needed for 
                timely and effective accomplishment of each 
                goal.
  (c) Submission With the President's Budget.--Beginning with 
fiscal year 2011 and each fiscal year thereafter, the Secretary 
shall submit to Congress the strategy and annual plan not later 
than 60 days following the transmission of the President's 
budget submission under section 1105 of title 31.
  (d) Achievement of Goals.--
          (1) Progress assessment.--No less frequently than 
        semiannually, the Coast Guard Commandant and the 
        Assistant Commandant for Marine Safety shall jointly 
        assess the progress of the Coast Guard toward achieving 
        the goals set forth in subsection (b). The Commandant 
        and the Assistant Commandant shall jointly convey their 
        assessment to the employees of the Assistant Commandant 
        and shall identify any deficiencies that should be 
        remedied before the next progress assessment.
          (2) Report to congress.--The Secretary shall report 
        annually to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate--
                  (A) on the performance of the marine safety 
                program in achieving the goals of the marine 
                safety strategy and annual plan under 
                subsection (a) for the year covered by the 
                report;
                  (B) on the program's mission performance in 
                achieving numerical measurable goals 
                established under subsection (b); and
                  (C) recommendations on how to improve 
                performance of the program.

Sec. 2117. Termination for unsafe operation

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

Sec. 2118. Establishment of equipment standards

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

             Part B--Inspection and Regulations of Vessels

                          CHAPTER 31--GENERAL

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

           *       *       *       *       *       *       *


Sec. 3104. Survival craft

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

CHAPTER 32--MANAGEMENT OF VESSELS

           *       *       *       *       *       *       *


Sec. 3202. Application

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


Sec. 3203. Safety management system

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


CHAPTER 33--INSPECTION GENERALLY

           *       *       *       *       *       *       *


Sec. 3306. Regulations

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


Sec. 3309. Certificate of inspection

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


                   CHAPTER 35--CARRIAGE OF PASSENGERS

Sec.
3501.  Number of passengers.
     * * * * * * *
3507.  Passenger vessel security and safety requirements.
3508.  Crime scene preservation training for passenger vessel crew 
          members.

           *       *       *       *       *       *       *


Sec. 3507. Passenger vessel security and safety requirements

  (a) Vessel Design, Equipment, Construction, and Retrofitting 
Requirements.--
          (1) In general.--Each vessel to which this subsection 
        applies shall comply with the following design and 
        construction standards:
                  (A) The vessel shall be equipped with ship 
                rails that are located not less than 42 inches 
                above the cabin deck.
                  (B) Each passenger stateroom and crew cabin 
                shall be equipped with entry doors that include 
                peep holes or other means of visual 
                identification.
                  (C) For any vessel the keel of which is laid 
                after the date of enactment of the Cruise 
                Vessel Security and Safety Act of 2009, each 
                passenger stateroom and crew cabin shall be 
                equipped with--
                          (i) security latches; and
                          (ii) time-sensitive key technology.
                  (D) The vessel shall integrate technology 
                that can be used for capturing images of 
                passengers or detecting passengers who have 
                fallen overboard, to the extent that such 
                technology is available.
                  (E) The vessel shall be equipped with a 
                sufficient number of operable acoustic hailing 
                or other such warning devices to provide 
                communication capability around the entire 
                vessel when operating in high risk areas (as 
                defined by the United States Coast Guard).
          (2) Fire safety codes.--In administering the 
        requirements of paragraph (1)(C), the Secretary shall 
        take into consideration fire safety and other 
        applicable emergency requirements established by the 
        U.S. Coast Guard and under international law, as 
        appropriate.
          (3) Effective date.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the requirements of paragraph 
                (1) shall take effect 18 months after the date 
                of enactment of the Cruise Vessel Security and 
                Safety Act of 2009.
                  (B) Latch and key requirements.--The 
                requirements of paragraph (1)(C) take effect on 
                the date of enactment of the Cruise Vessel 
                Security and Safety Act of 2009.
  (b) Video Recording.--
          (1) Requirement to maintain surveillance.--The owner 
        of a vessel to which this section applies shall 
        maintain a video surveillance system to assist in 
        documenting crimes on the vessel and in providing 
        evidence for the prosecution of such crimes, as 
        determined by the Secretary.
          (2) Access to video records.--The owner of a vessel 
        to which this section applies shall provide to any law 
        enforcement official performing official duties in the 
        course and scope of an investigation, upon request, a 
        copy of all records of video surveillance that the 
        official believes may provide evidence of a crime 
        reported to law enforcement officials.
  (c) Safety Information.--The owner of a vessel to which this 
section applies shall provide in each passenger stateroom, and 
post in a location readily accessible to all crew and in other 
places specified by the Secretary, information regarding the 
locations of the United States embassy and each consulate of 
the United States for each country the vessel will visit during 
the course of the voyage.
  (d) Sexual Assault.--The owner of a vessel to which this 
section applies shall--
          (1) maintain on the vessel adequate, in-date supplies 
        of anti-retroviral medications and other medications 
        designed to prevent sexually transmitted diseases after 
        a sexual assault;
          (2) maintain on the vessel equipment and materials 
        for performing a medical examination in sexual assault 
        cases to evaluate the patient for trauma, provide 
        medical care, and preserve relevant medical evidence;
          (3) make available on the vessel at all times medical 
        staff who have undergone a credentialing process to 
        verify that he or she--
                  (A) possesses a current physician's or 
                registered nurse's license and--
                          (i) has at least 3 years of post-
                        graduate or post-registration clinical 
                        practice in general and emergency 
                        medicine; or
                          (ii) holds board certification in 
                        emergency medicine, family practice 
                        medicine, or internal medicine;
                  (B) is able to provide assistance in the 
                event of an alleged sexual assault, has 
                received training in conducting forensic sexual 
                assault examination, and is able to promptly 
                perform such an examination upon request and 
                provide proper medical treatment of a victim, 
                including administration of anti-retroviral 
                medications and other medications that may 
                prevent the transmission of human 
                immunodeficiency virus and other sexually 
                transmitted diseases; and
                  (C) meets guidelines established by the 
                American College of Emergency Physicians 
                relating to the treatment and care of victims 
                of sexual assault;
          (4) prepare, provide to the patient, and maintain 
        written documentation of the findings of such 
        examination that is signed by the patient; and
          (5) provide the patient free and immediate access 
        to--
                  (A) contact information for local law 
                enforcement, the Federal Bureau of 
                Investigation, the United States Coast Guard, 
                the nearest United States consulate or embassy, 
                and the National Sexual Assault Hotline program 
                or other third party victim advocacy hotline 
                service; and
                  (B) a private telephone line and Internet-
                accessible computer terminal by which the 
                individual may confidentially access law 
                enforcement officials, an attorney, and the 
                information and support services available 
                through the National Sexual Assault Hotline 
                program or other third party victim advocacy 
                hotline service.
  (e) Confidentiality of Sexual Assault Examination and Support 
Information.--The master or other individual in charge of a 
vessel to which this section applies shall--
          (1) treat all information concerning an examination 
        under subsection (d) confidential, so that no medical 
        information may be released to the cruise line or other 
        owner of the vessel or any legal representative thereof 
        without the prior knowledge and approval in writing of 
        the patient, or, if the patient is unable to provide 
        written authorization, the patient's next-of-kin, 
        except that nothing in this paragraph prohibits the 
        release of--
                  (A) information, other than medical findings, 
                necessary for the owner or master of the vessel 
                to comply with the provisions of subsection (g) 
                or other applicable incident reporting laws;
                  (B) information to secure the safety of 
                passengers or crew on board the vessel; or
                  (C) any information to law enforcement 
                officials performing official duties in the 
                course and scope of an investigation; and
          (2) treat any information derived from, or obtained 
        in connection with, post-assault counseling or other 
        supportive services confidential, so no such 
        information may be released to the cruise line or any 
        legal representative thereof without the prior 
        knowledge and approval in writing of the patient, or, 
        if the patient is unable to provide written 
        authorization, the patient's next-of-kin.
  (f) Crew Access to Passenger Staterooms.--The owner of a 
vessel to which this section applies shall--
          (1) establish and implement procedures and 
        restrictions concerning--
                  (A) which crew members have access to 
                passenger staterooms; and
                  (B) the periods during which they have that 
                access; and
          (2) ensure that the procedures and restrictions are 
        fully and properly implemented and periodically 
        reviewed.
  (g) Log Book and Reporting Requirements.--
          (1) In general.--The owner of a vessel to which this 
        section applies shall--
                  (A) record in a log book, either 
                electronically or otherwise, in a centralized 
                location readily accessible to law enforcement 
                personnel, a report on--
                          (i) all complaints of crimes 
                        described in paragraph (3)(A)(i),
                          (ii) all complaints of theft of 
                        property valued in excess of $1,000, 
                        and
                          (iii) all complaints of other crimes,
                committed on any voyage that embarks or 
                disembarks passengers in the United States; and
                  (B) make such log book available upon request 
                to any agent of the Federal Bureau of 
                Investigation, any member of the United States 
                Coast Guard, and any law enforcement officer 
                performing official duties in the course and 
                scope of an investigation.
          (2) Details required.--The information recorded under 
        paragraph (1) shall include, at a minimum--
                  (A) the vessel operator;
                  (B) the name of the cruise line;
                  (C) the flag under which the vessel was 
                operating at the time the reported incident 
                occurred;
                  (D) the age and gender of the victim and the 
                accused assailant;
                  (E) the nature of the alleged crime or 
                complaint, as applicable, including whether the 
                alleged perpetrator was a passenger or a crew 
                member;
                  (F) the vessel's position at the time of the 
                incident, if known, or the position of the 
                vessel at the time of the initial report;
                  (G) the time, date, and method of the initial 
                report and the law enforcement authority to 
                which the initial report was made;
                  (H) the time and date the incident occurred, 
                if known;
                  (I) the total number of passengers and the 
                total number of crew members on the voyage; and
                  (J) the case number or other identifier 
                provided by the law enforcement authority to 
                which the initial report was made.
          (3) Requirement to report crimes and other 
        information.--
                  (A) In general.--The owner of a vessel to 
                which this section applies (or the owner's 
                designee)--
                          (i) shall contact the nearest Federal 
                        Bureau of Investigation Field Office or 
                        Legal Attache by telephone as soon as 
                        possible after the occurrence on board 
                        the vessel of an incident involving 
                        homicide, suspicious death, a missing 
                        United States national, kidnapping, 
                        assault with serious bodily injury, any 
                        offense to which section 2241, 2242, 
                        2243, or 2244 (a) or (c) of title 18 
                        applies, firing or tampering with the 
                        vessel, or theft of money or property 
                        in excess of $10,000 to report the 
                        incident;
                          (ii) shall furnish a written report 
                        of the incident to the Secretary via an 
                        Internet based portal;
                          (iii) may report any serious incident 
                        that does not meet the reporting 
                        requirements of clause (i) and that 
                        does not require immediate attention by 
                        the Federal Bureau of Investigation via 
                        the Internet based portal maintained by 
                        the Secretary of Transportation; and
                          (iv) may report any other criminal 
                        incident involving passengers or crew 
                        members, or both, to the proper State 
                        or local government law enforcement 
                        authority.
                  (B) Incidents to which subparagraph (A) 
                applies.--Subparagraph (A) applies to an 
                incident involving criminal activity if--
                          (i) the vessel, regardless of 
                        registry, is owned, in whole or in 
                        part, by a United States person, 
                        regardless of the nationality of the 
                        victim or perpetrator, and the incident 
                        occurs when the vessel is within the 
                        admiralty and maritime jurisdiction of 
                        the United States and outside the 
                        jurisdiction of any State;
                          (ii) the incident concerns an offense 
                        by or against a United States national 
                        committed outside the jurisdiction of 
                        any nation;
                          (iii) the incident occurs in the 
                        Territorial Sea of the United States, 
                        regardless of the nationality of the 
                        vessel, the victim, or the perpetrator; 
                        or
                          (iv) the incident concerns a victim 
                        or perpetrator who is a United States 
                        national on a vessel during a voyage 
                        that departed from or will arrive at a 
                        United States port.
          (4) Availability of incident data via internet.--
                  (A) Website.--The Secretary of Transportation 
                shall maintain a statistical compilation of all 
                incidents described in paragraph (3)(A)(i) on 
                an Internet site that provides a numerical 
                accounting of the missing persons and alleged 
                crimes recorded in each report filed under 
                paragraph (3)(A)(i) that are no longer under 
                investigation by the Federal Bureau of 
                Investigation. The data shall be updated no 
                less frequently than quarterly, aggregated by--
                          (i) cruise line, with each cruise 
                        line identified by name; and
                          (ii) whether each crime was committed 
                        by a passenger or a crew member.
                  (B) Access to website.--Each cruise line 
                taking on or discharging passengers in the 
                United States shall include a link on its 
                Internet website to the website maintained by 
                the Secretary under subparagraph (A).
  (h) Enforcement.--
          (1) Penalties.--
                  (A) Civil penalty.--Any person that violates 
                this section or a regulation under this section 
                shall be liable for a civil penalty of not more 
                than $25,000 for each day during which the 
                violation continues, except that the maximum 
                penalty for a continuing violation is $50,000.
                  (B) Criminal penalty.--Any person that 
                willfully violates this section or a regulation 
                under this section shall be fined not more than 
                $250,000 or imprisoned not more than 1 year, or 
                both.
          (2) Denial of entry.--The Secretary may deny entry 
        into the United States to a vessel to which this 
        section applies if the owner of the vessel--
                  (A) commits an act or omission for which a 
                penalty may be imposed under this subsection; 
                or
                  (B) fails to pay a penalty imposed on the 
                owner under this subsection.
  (i) Procedures.--Within 6 months after the date of enactment 
of the Cruise Vessel Security and Safety Act of 2009, the 
Secretary shall issue guidelines, training curricula, and 
inspection and certification procedures necessary to carry out 
the requirements of this section.
  (j) Regulations.--The Secretary of Transportation and the 
Commandant shall each issue such regulations as are necessary 
to implement this section.
  (k) Application.--
          (1) In general.--This section and section 3508 apply 
        to a passenger vessel (as defined in section 2101(22)) 
        that--
                  (A) is authorized to carry at least 250 
                passengers;
                  (B) has onboard sleeping facilities for each 
                passenger;
                  (C) is on a voyage that embarks or disembarks 
                passengers in the United States; and
                  (D) is not engaged on a coastwise voyage.
          (2) Federal and state vessels.--This section and 
        section 3508 do not apply to a vessel that is owned and 
        operated by the United States Government or a vessel 
        that is owned and operated by a State.
  (l) Owner Defined.--In this section and section 3508, the 
term ``owner'' means the owner, charterer, managing operator, 
master, or other individual in charge of a vessel.

Sec. 3508. Crime scene preservation training for passenger vessel crew 
                    members

  (a) In General.--Within 1 year after the date of enactment of 
the Cruise Vessel Security and Safety Act of 2009, the 
Secretary, in consultation with the Director of the Federal 
Bureau of Investigation and the Maritime Administrator, shall 
develop training standards and curricula to allow for the 
certification of passenger vessel security personnel, crew 
members, and law enforcement officials on the appropriate 
methods for prevention, detection, evidence preservation, and 
reporting of criminal activities in the international maritime 
environment. The Administrator of the Maritime Administration 
may certify organizations in the United States and abroad that 
offer the curriculum for training and certification under 
subsection (c).
  (b) Minimum Standards.--The standards established by the 
Secretary under subsection (a) shall include--
          (1) the training and certification of vessel security 
        personnel, crew members, and law enforcement officials 
        in accordance with accepted law enforcement and 
        security guidelines, policies, and procedures, 
        including recommendations for incorporating a 
        background check process for personnel trained and 
        certified in foreign countries;
          (2) the training of students and instructors in all 
        aspects of prevention, detection, evidence 
        preservation, and reporting of criminal activities in 
        the international maritime environment; and
          (3) the provision or recognition of off-site training 
        and certification courses in the United States and 
        foreign countries to develop and provide the required 
        training and certification described in subsection (a) 
        and to enhance security awareness and security 
        practices related to the preservation of evidence in 
        response to crimes on board passenger vessels.
  (c) Certification Requirement.--Beginning 2 years after the 
standards are established under subsection (b), no vessel to 
which this section applies may enter a United States port on a 
voyage (or voyage segment) on which a United States citizen is 
a passenger unless there is at least 1 crew member onboard who 
is certified as having successfully completed training in the 
prevention, detection, evidence preservation, and reporting of 
criminal activities in the international maritime environment 
on passenger vessels under subsection (a).
  (d) Interim Training Requirement.--No vessel to which this 
section applies may enter a United States port on a voyage (or 
voyage segment) on which a United States citizen is a passenger 
unless there is at least 1 crew member onboard who has been 
properly trained in the prevention, detection, evidence 
preservation and the reporting requirements of criminal 
activities in the international maritime environment. The owner 
of such a vessel shall maintain certification or other 
documentation, as prescribed by the Secretary, verifying the 
training of such individual and provide such documentation upon 
request for inspection in connection with enforcement of the 
provisions of this section. This subsection shall take effect 1 
year after the date of enactment of the Cruise Vessel Safety 
and Security Act of 2009 and shall remain in effect until 
superseded by the requirements of subsection (c).
  (e) Civil Penalty.--Any person that violates this section or 
a regulation under this section shall be liable for a civil 
penalty of not more than $50,000.
  (f) Denial of Entry.--The Secretary may deny entry into the 
United States to a vessel to which this section applies if the 
owner of the vessel--
          (1) commits an act or omission for which a penalty 
        may be imposed under subsection (e); or
          (2) fails to pay a penalty imposed on the owner under 
        subsection (e).

           *       *       *       *       *       *       *


CHAPTER 41--UNINSPECTED VESSELS GENERALLY

           *       *       *       *       *       *       *


Sec. 4102. Safety equipment

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

           *       *       *       *       *       *       *


      CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

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

           *       *       *       *       *       *       *


Sec. 4502. Safety standards

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

[Sec. 4503. Fish processing vessel certification]

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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


Sec. 4506. Exemptions

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

           *       *       *       *       *       *       *


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

Sec. 4508. Commercial Fishing Safety Advisory Committee

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


                     Part C--Load Lines of Vessels

CHAPTER 51--LOAD LINES

           *       *       *       *       *       *       *


Sec. 5102. Application

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

           CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY

Sec.
7101.  Issuing and classifying licenses and certificates of
[7105.  Oaths.]
     * * * * * * *
7115.  Merchant Mariner Medical Advisory Committee.

           *       *       *       *       *       *       *


[Sec. 7105. Oaths

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

[Sec. 7106. Duration of licenses

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

[Sec. 7107. Duration of certificates of registry

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

Sec. 7106. Duration of licenses

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

Sec. 7107. Duration of certificates of registry

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

           *       *       *       *       *       *       *


Sec. 7115. Merchant Mariner Medical Advisory Committee

  (a) Establishment.--
          (1) In general.--There is established a Merchant 
        Mariner Medical Advisory Committee (in this section 
        referred to as the ``Committee'').
          (2) Functions.--The Committee shall advise the 
        Secretary on matters relating to--
                  (A) medical certification determinations for 
                issuance of merchant mariner credentials;
                  (B) medical standards and guidelines for the 
                physical qualifications of operators of 
                commercial vessels;
                  (C) medical examiner education; and
                  (D) medical research.
  (b) Membership.--
          (1) In general.--The Committee shall consist of 14 
        members, none of whom is a Federal employee, and shall 
        include--
                  (A) ten who are health-care professionals 
                with particular expertise, knowledge, or 
                experience regarding the medical examinations 
                of merchant mariners or occupational medicine; 
                and
                  (B) four who are professional mariners with 
                knowledge and experience in mariner 
                occupational requirements.
          (2) Status of members.--Members of the Committee 
        shall not be considered Federal employees or otherwise 
        in the service or the employment of the Federal 
        Government, except that members shall be considered 
        special Government employees, as defined in section 
        202(a) of title 18, United States Code, and shall be 
        subject to any administrative standards of conduct 
        applicable to the employees of the department in which 
        the Coast Guard is operating.
  (c) Appointments; Terms; Vacancies.--
          (1) Appointments.--The Secretary shall appoint the 
        members of the Committee, and each member shall serve 
        at the pleasure of the Secretary.
          (2) Terms.--Each member shall be appointed for a term 
        of three years, except that, of the members first 
        appointed, three members shall be appointed for a term 
        of two years and three members shall be appointed for a 
        term of one year.
          (3) Vacancies.--Any member appointed to fill the 
        vacancy prior to the expiration of the term for which 
        that member's predecessor was appointed shall be 
        appointed for the remainder of that term.
  (d) Chairman and Vice Chairman.--The Secretary shall 
designate one member of the Committee as the Chairman and one 
member as the Vice Chairman. The Vice Chairman shall act as 
Chairman in the absence or incapacity of, or in the event of a 
vacancy in the office of, the Chairman.
  (e) Compensation; Reimbursement.--Members of the Committee 
shall serve without compensation, except that, while engaged in 
the performance of duties away from their homes or regular 
places of business of the member, the member of the Committee 
may be allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5.
  (f) Staff; Services.--The Secretary shall furnish to the 
Committee the personnel and services as are considered 
necessary for the conduct of its business.

                CHAPTER 73--MERCHANT MARINERS' DOCUMENTS

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

           *       *       *       *       *       *       *


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

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


Sec. 7310. Able seamen--offshore supply vessels

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

           *       *       *       *       *       *       *


Sec. 7312. Scale of employment

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


Sec. 7502. Records

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

           *       *       *       *       *       *       *


Sec. 7507. Fingerprinting

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

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

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

Part F--Manning of Vessels

           *       *       *       *       *       *       *


                          CHAPTER 81--GENERAL

Sec.
8101.  Complement of inspected vessels.
     * * * * * * *
8107.  Use of force against piracy.

           *       *       *       *       *       *       *


Sec. 8103. Citizenship and Navy Reserve requirements

  (a) * * *

           *       *       *       *       *       *       *

  (l) Officer Requirements for Distant Water Tuna Vessels.--
          (1) Citizenship.--Notwithstanding subsection (a), a 
        purse seine tuna fishing vessel documented under 
        chapter 121 fishing exclusively for highly migratory 
        species under a fishing license issued pursuant to the 
        1987 Treaty on Fisheries Between the Governments of 
        Certain Pacific Islands States and the Government of 
        the United States of America in the treaty area (as 
        that term is used in that treaty), or transiting to or 
        from the treaty area exclusively for such purpose, may 
        engage an individual who is not a citizen of the United 
        States to fill a vacancy in a position referred to in 
        subsection (a) (except for the master) if, after timely 
        public notice of the vacancy, no United States citizens 
        are readily available to fill the vacancy.
          (2) Restrictions.--
                  (A) In general.--An individual may not be 
                engaged under paragraph (1) unless the 
                individual holds a valid license or certificate 
                issued--
                          (i) in accordance with the standards 
                        established by the 1995 amendments to 
                        the Convention on Standards of 
                        Training, Certification and 
                        Watchkeeping for Seafarers, 1978 (STCW 
                        95); and
                          (ii) by an authority that the 
                        Secretary of the department in which 
                        the Coast Guard is operating recognizes 
                        as imposing competency and training 
                        standards equivalent to or exceeding 
                        those required for a issued under 
                        chapter 71.
                  (B) Limitation on application.--Paragraph (1) 
                applies only to engagement of an individual on 
                a vessel that--
                          (i) is homeported in American Samoa, 
                        Guam, or the Northern Mariana Islands; 
                        and
                          (ii) has passed an annual commercial 
                        fishing vessel safety exam administered 
                        by a individual authorized to enforce 
                        this title.
          (3) Treatment of equivalent license.--The Secretary 
        of the department in which the Coast Guard is operating 
        shall treat a license held by an individual engaged 
        under paragraph (1) that was issued by a foreign 
        government as meeting the requirements of section 8304 
        with respect to that engagement, if the Secretary 
        determines that the standards for issuing that license 
        are equivalent to the standards that apply under that 
        section.

Sec. 8104. Watches

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


Sec. 8107. Use of force against piracy

  An owner, operator, time charterer, master, or mariner who 
uses force, or authorizes the use of force, to defend a vessel 
of the United States against an act of piracy shall not be 
liable for any injury or death caused by such force to any 
person participating in the act of piracy.

CHAPTER 83--MASTERS AND OFFICERS

           *       *       *       *       *       *       *


Sec. 8301. Minimum number of licensed individuals

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

           *       *       *       *       *       *       *


CHAPTER 89--SMALL VESSEL MANNING

           *       *       *       *       *       *       *


Sec. 8905. Exemptions

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

           *       *       *       *       *       *       *


CHAPTER 93--GREAT LAKES PILOTAGE

           *       *       *       *       *       *       *


Sec. 9307. Great Lakes Pilotage Advisory Committee

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES

           *       *       *       *       *       *       *


Sec. 10313. Wages

  (a) * * *

           *       *       *       *       *       *       *

  (g) [When] (1) Subject to paragraph (2), when payment is not 
made as provided under subsection (f) of this section without 
sufficient cause, the master or owner shall pay to the seaman 2 
days' wages for each day payment is delayed.
  (2) The total amount required to be paid under paragraph (1) 
with respect to all claims in a class action suit by seamen on 
a passenger vessel capable of carrying more than 500 passengers 
for wages under this section against a vessel master, owner, or 
operator or the employer of the seamen shall not exceed ten 
times the unpaid wages that are the subject of the claims.
  (3) A class action suit for wages under this subsection must 
be commenced within three years after the later of--
          (A) the date of the end of the last voyage for which 
        the wages are claimed; or
          (B) the receipt, by a seaman who is a claimant in the 
        suit, of a payment of wages that are the subject of the 
        suit that is made in the ordinary course of employment.

           *       *       *       *       *       *       *


Sec. 10315. Allotments

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


CHAPTER 105--COASTWISE VOYAGES

           *       *       *       *       *       *       *


Sec. 10504. Wages

  (a) * * *

           *       *       *       *       *       *       *

  (c) [When] (1) Subject to subsection (d), and except as 
provided in paragraph (2), when payment is not made as provided 
under subsection (b) of this section without sufficient cause, 
the master or owner shall pay to the seaman 2 days' wages for 
each day payment is delayed.
  (2) The total amount required to be paid under paragraph (1) 
with respect to all claims in a class action suit by seamen on 
a passenger vessel capable of carrying more than 500 passengers 
for wages under this section against a vessel master, owner, or 
operator or the employer of the seamen shall not exceed ten 
times the unpaid wages that are the subject of the claims.
  (3) A class action suit for wages under this subsection must 
be commenced within three years after the later of--
          (A) the date of the end of the last voyage for which 
        the wages are claimed; or
          (B) the receipt, by a seaman who is a claimant in the 
        suit, of a payment of wages that are the subject of the 
        suit that is made in the ordinary course of employment.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


CHAPTER 111--PROTECTION AND RELIEF

           *       *       *       *       *       *       *


Sec. 11108. Taxes

  (a) * * *
  (b) Liability.--
          (1) * * *
          (2) Application.--This subsection applies to an 
        individual--
                  (A) * * *
                  [(B) who performs regularly-assigned duties 
                while engaged as a master, officer, or crewman 
                on a vessel operating on the navigable waters 
                of more than one State.]
                  (B) who performs regularly assigned duties 
                while engaged as a master, officer, or crewman 
                on a vessel operating on navigable waters in 2 
                or more States.

           *       *       *       *       *       *       *


                     CHAPTER 113--OFFICIAL LOGBOOKS

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

           *       *       *       *       *       *       *


Sec. 11304. Additional logbook and entry requirements

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

Part H--Identification of Vessels

           *       *       *       *       *       *       *


CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *


SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION

           *       *       *       *       *       *       *


Sec. 12113. Fishery endorsement

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


Part I--State Boating Safety Programs

           *       *       *       *       *       *       *


CHAPTER 131--RECREATIONAL BOATING SAFETY

           *       *       *       *       *       *       *


Sec. 13110. National Boating Safety Advisory Council

  (a) * * *

           *       *       *       *       *       *       *

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

Part J--Measurement of Vessels

           *       *       *       *       *       *       *


                          CHAPTER 141--GENERAL

Sec. 14101. Definitions

  In this part--
          (1) * * *

           *       *       *       *       *       *       *

          (4) ``vessel [engaged] that engages on a foreign 
        voyage'' means a vessel--
                  (A) [arriving] that arrives at a place under 
                the jurisdiction of the United States from a 
                place in a foreign country;
                  (B) [making] that makes a voyage between 
                places outside the United States [(except a 
                foreign vessel engaged on that voyage)];
                  (C) [departing] that departs from a place 
                under the jurisdiction of the United States for 
                a place in a foreign country; or
                  (D) [making] that makes a voyage between a 
                place within a territory or possession of the 
                United States and another place under the 
                jurisdiction of the United States not within 
                that territory or possession.

           *       *       *       *       *       *       *


Sec. 14103. Delegation of authority

  (a) * * *

           *       *       *       *       *       *       *

  (c) For a vessel [intended to be engaged on] that engages on 
a foreign voyage, the Secretary may delegate to another country 
that is a party to the Convention the authority to measure the 
vessel and issue an International Tonnage Certificate (1969) 
under chapter 143 of this title.

           *       *       *       *       *       *       *


                  CHAPTER 143--CONVENTION MEASUREMENT

Sec.
14301.  Application.
     * * * * * * *
[14303.  International Tonnage Certificate (1969).]
14303.  Tonnage Certificate.

           *       *       *       *       *       *       *


Sec. 14301. Application

  [(a) Except as otherwise provided in this section, this 
chapter applies to the following:
          [(1) a documented vessel.
          [(2) a vessel that is to be documented under chapter 
        121 of this title.
          [(3) a vessel engaged on a foreign voyage.]
  (a) Except as otherwise provided in this section, this 
chapter applies to any vessel for which the application of an 
international agreement or other law of the United States to 
the vessel depends on the vessel's tonnage.
  (b) This chapter does not apply to the following:
          (1) a vessel of war[.], unless the government of the 
        country to which the vessel belongs elects to measure 
        the vessel under this chapter.

           *       *       *       *       *       *       *

          (3) a vessel of United States or Canadian registry or 
        nationality, or a vessel operated under the authority 
        of the United States or Canada, and that is operating 
        only on the Great Lakes, unless the owner requests.
          (4) [a vessel (except a vessel engaged] a vessel of 
        United States registry or nationality, or one operated 
        under the authority of the United States (except a 
        vessel that engages on a foreign voyage) the keel of 
        which was laid or that was at a similar stage of 
        construction before January 1, 1986, unless--
                  (A) * * *

           *       *       *       *       *       *       *

          [(5) before July 19, 1994, an existing vessel 
        unless--
                  [(A) the owner requests; or
                  [(B) the vessel undergoes a change that the 
                Secretary finds substantially affects the 
                vessel's gross tonnage.
          [(6) a barge (except a barge engaged on a foreign 
        voyage) unless the owner requests.]
          (5) a barge of United States registry or nationality, 
        or a barge operated under the authority of the United 
        States (except a barge that engages on a foreign 
        voyage) unless the owner requests.
  [(c) A vessel made subject to this chapter at the request of 
the owner may be remeasured only as provided by this chapter.]
  [(d) After July 18, 1994, an existing vessel (except an 
existing vessel referred to in subsection (b)(5)(A) or (B) of 
this section)] (c) An existing vessel that has not undergone a 
change that the Secretary finds substantially affects the 
vessel's gross tonnage (or a vessel to which IMO Resolutions 
A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17, 
1983, or A.541 (XIII) of November 17, 1983, apply) may retain 
its tonnages existing on July 18, 1994, for the application of 
relevant requirements under international agreements (except 
the Convention) and other laws of the United States. However, 
if the vessel undergoes a change substantially affecting its 
tonnage after July 18, 1994, the vessel shall be remeasured 
under this chapter.
  [(e)] (d) This chapter does not affect an international 
agreement to which the United States Government is a party that 
is not in conflict with the Convention or the application of 
IMO Resolutions A.494 (XII) of November 19, 1981, A.540 (XIII) 
of November 17, 1983, and A.541 (XIII) of November 17, 1983.

Sec. 14302. Measurement

  (a) * * *
  [(b) Except as provided in section 1602(a) of the Panama 
Canal Act of 1979 (22 U.S.C. 3792(a)), a vessel measured under 
this chapter may not be required to be measured under another 
law.]
  (b) A vessel measured under this chapter may not be required 
to be measured under another law.

           *       *       *       *       *       *       *


Sec. 14303. [International] Tonnage Certificate [(1969)]

  (a) After measuring a vessel under this chapter, the 
Secretary shall issue, on request of the owner, an 
International Tonnage Certificate (1969) and deliver it to the 
owner or master of the vessel. For a vessel to which the 
Convention does not apply, the Secretary shall prescribe a 
certificate to be issued as evidence of a vessel's measurement 
under this chapter.
  (b) The certificate issued under this section shall be 
maintained as required by the Secretary.

           *       *       *       *       *       *       *


Sec. 14305. Optional regulatory measurement

  (a) On request of the owner of a [documented vessel measured 
under this chapter,] vessel measured under this chapter that is 
of United States registry or nationality, or a vessel operated 
under the authority of the United States, the Secretary also 
shall measure the vessel under chapter 145 of this title. The 
tonnages determined under that chapter shall be used in 
applying--
          (1) * * *

           *       *       *       *       *       *       *


                  CHAPTER 145--REGULATORY MEASUREMENT

                          SUBCHAPTER I--GENERAL

Sec.
14501. Application.
     * * * * * * *

                      SUBCHAPTER II--FORMAL SYSTEMS

     * * * * * * *
14514. Reciprocity for foreign vessels.

           *       *       *       *       *       *       *


                         SUBCHAPTER I--GENERAL

Sec. 14501. Application

  This chapter applies to the following:
          [(1) a vessel not measured under chapter 143 of this 
        title if--
                  [(A) the vessel is to be documented under 
                chapter 121 of this title; or
                  [(B) the application of a law of the United 
                States to the vessel depends on the vessel's 
                tonnage.]
          (1) A vessel not measured under chapter 143 of this 
        title if the application of an international agreement 
        or other law of the United States to the vessel depends 
        on the vessel's tonnage.
          (2) [a vessel] A vessel measured under chapter 143 of 
        this title if the owner requests that the vessel also 
        be measured under this chapter as provided in section 
        14305 of this title.

           *       *       *       *       *       *       *


Sec. 14503. Certificate of measurement

  (a) The Secretary shall prescribe the certificate to be 
issued as evidence of a vessel's measurement under this 
chapter.
  (b) The certificate shall be maintained as required by the 
Secretary.

           *       *       *       *       *       *       *


SUBCHAPTER II--FORMAL SYSTEMS

           *       *       *       *       *       *       *


Sec. 14513. Dual tonnage measurement

  (a) * * *

           *       *       *       *       *       *       *

  (c)(1) If a [vessel's tonnage mark is below the uppermost 
part of the load line marks,] vessel is assigned two sets of 
gross and net tonnages under this section, each certificate 
stating the vessel's tonnages shall state the gross and net 
tonnages when the vessel's tonnage mark is submerged and when 
it is not submerged.
  (2) Except as provided in paragraph (1) of this subsection, a 
certificate stating a vessel's tonnages may state only one set 
of gross and net tonnages[.] as assigned under this section.

Sec. 14514. Reciprocity for foreign vessels

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

           *       *       *       *       *       *       *


Part F--Government-Owned Merchant Vessels

           *       *       *       *       *       *       *


                     CHAPTER 571--GENERAL AUTHORITY

Sec.
57101.  Placement of vessels in National Defense Reserve Fleet.
     * * * * * * *
51705.  Maritime career training loan program.
51706.  Maritime recruitment, training, and retention grant program.

           *       *       *       *       *       *       *


Sec. 51705. Maritime career training loan program

  (a) Establishment.--The Secretary of Transportation shall 
establish a maritime career training loan program (in this 
section referred to as the ``program'') in accordance with the 
requirements of this section.
  (b) Purpose.--The purpose of the program shall be to make 
maritime career training loans available to eligible students 
to provide for the training of United States mariners.
  (c) Administration.--The program shall be carried out by the 
Secretary, acting through the Administrator of the Maritime 
Administration.
  (d) Duties.--The Secretary shall--
          (1) allocate, on an annual basis, the award of loans 
        under the program based on the needs of students;
          (2) develop an application process and eligibility 
        criteria for the award of loans under the program;
          (3) approve applications for loans under the program 
        based on the eligibility criteria and allocations made 
        under paragraph (1); and
          (4) designate maritime training institutions at which 
        loans made under the program may be used.
  (e) Designation of Maritime Training Institutions.--
          (1) In general.--In designating maritime training 
        institutions under subsection (d)(4), the Secretary--
                  (A) may include Federal, State, and 
                commercial training institutions and nonprofit 
                training organizations, except that 
                undergraduate students at the United States 
                Merchant Marine Academy shall not be eligible 
                for loans under the program;
                  (B) shall designate institutions based on 
                geographic diversity and scope of classes 
                offered;
                  (C) shall ensure that designated institutions 
                have the ability to administer the program; and
                  (D) shall ensure that designated institutions 
                meet requirements to provide training 
                instruction for appropriate Coast Guard-
                approved training instruction.
          (2) Exclusions.--The Secretary--
                  (A) may exclude from participation in the 
                program a maritime training institution that 
                has had severe performance deficiencies, 
                including deficiencies demonstrated by audits 
                or program reviews conducted during the 5 
                calendar years immediately preceding the 
                present year;
                  (B) shall exclude from participation in the 
                program a maritime training institution that 
                has delinquent or outstanding debts to the 
                United States, unless such debts are being 
                repaid under or in accordance with a repayment 
                arrangement satisfactory to the United States, 
                or the Secretary in the Secretary's discretion 
                determines that the existence or amount of any 
                such debts has not been finally determined by 
                the appropriate Federal agency;
                  (C) may exclude from participation in the 
                program a maritime training institution that 
                has failed to comply with quality standards 
                established by the Department of Labor, the 
                Coast Guard, or a State; and
                  (D) may establish such other criteria as the 
                Secretary determines will protect the financial 
                interest of the United States and promote the 
                purposes of this section.
  (f) State Maritime Academies.--
          (1) Use of funds for loans to students attending 
        state maritime academies.--The Secretary may obligate 
        not more than 50 percent of the amounts appropriated to 
        carry out this section for a fiscal year for loans to 
        undergraduate students attending State maritime 
        academies receiving assistance under chapter 515 of 
        this title.
          (2) Academic standards for students.--Students at 
        State maritime academies receiving loans under the 
        program shall maintain satisfactory progress toward the 
        completion of their course of study as evidenced by the 
        maintenance of a cumulative C average, or its 
        equivalent, or academic standing consistent with the 
        requirements for graduation, as determined by the 
        institution.
  (g) Loan Amounts and Use.--
          (1) Maximum amounts.--The Secretary may not make 
        loans to a student under the program in an amount that 
        exceeds $15,000 in a calendar year or $60,000 in the 
        aggregate.
          (2) Use of loan proceeds.--A student who receives a 
        loan under the program may use the proceeds of the loan 
        only for postsecondary expenses incurred at an 
        institution designated by the Secretary under 
        subsection (d)(4) for books, tuition, required fees, 
        travel to and from training facilities, and room and 
        board.
  (h) Student Eligibility.--To be eligible to receive a loan 
under the program, a student shall--
          (1) be eligible to hold a license or merchant mariner 
        document issued by the Coast Guard;
          (2) provide to the Secretary such information as the 
        Secretary may require, including all current Coast 
        Guard documents, certifications, proof of United States 
        citizenship or permanent legal status, and a statement 
        of intent to enter a maritime career;
          (3) meet the enrollment requirements of a maritime 
        training institution designated by the Secretary under 
        subsection (d)(4); and
          (4) sign an agreement to--
                  (A) complete a course of instruction at such 
                a maritime training institution; and
                  (B)(i) maintain a license and serve as an 
                officer in the merchant marine on a documented 
                vessel or a vessel owned and operated by the 
                United States for at least 18 months of service 
                at sea following the date of graduation from 
                the maritime program for which the loan 
                proceeds will be used; or
                  (ii) serve as an unlicensed merchant mariner 
                on a documented vessel or a vessel owned and 
                operated by the United States for at least 18 
                months of service at sea following the date of 
                graduation from the maritime program for which 
                the loan proceeds will be used.
  (i) Administration of Loans.--
          (1) Contents of loan agreements.--Any agreement 
        between the Secretary and a student borrower for a loan 
        under the program shall--
                  (A) be evidenced by a note or other written 
                instrument that provides for the repayment of 
                the principal amount of the loan and any 
                origination fee, together with interest 
                thereon, in equal installments (or, if the 
                student borrower so requests, in graduated 
                periodic installments determined in accordance 
                with such schedules as may be approved by the 
                Secretary) payable quarterly, bimonthly, or 
                monthly, at the option of the student borrower, 
                over a period beginning 9 months from the date 
                on which the student borrower completes study 
                or discontinues attendance at the maritime 
                program for which the loans are used at the 
                institution approved by the Secretary and not 
                exceeding 10 years;
                  (B) include provision for acceleration of 
                repayment of the whole, or any part, of such 
                loan, at the option of the student borrower;
                  (C) provide the loan without security and 
                without endorsement;
                  (D) provide that the liability to repay the 
                loan shall be canceled upon the death of the 
                student borrower, or if the student borrower 
                becomes permanently and totally disabled, as 
                determined in accordance with regulations to be 
                issued by the Secretary;
                  (E) contain a notice of the system of 
                disclosure of information concerning default on 
                such loan to credit bureau organizations; and
                  (F) include provisions for deferral of 
                repayment, as determined by the Secretary.
          (2) Rate of interest.--A student borrower who 
        receives a loan under the program on or after January 
        1, 2010, and before October 1, 2015, shall be obligated 
        to repay the loan amount to the Secretary, together 
        with interest beginning in the period referred to in 
        paragraph (1)(A), at a rate to be determined as 
        follows:
                  (A) For a loan for which the first 
                disbursement is made on or after January 1, 
                2010, and before October 1, 2011, 5.6 percent 
                on the unpaid principal balance of the loan.
                  (B) For a loan for which the first 
                disbursement is made on or after October 1, 
                2011, and before October 1, 2012, 4.5 percent 
                on the unpaid principal balance of the loan.
                  (C) For a loan for which the first 
                disbursement is made on or after October 1, 
                2012, 3.4 percent on the unpaid principal 
                balance of the loan.
          (3) Disclosure required prior to disbursement.--
                  (A) In general.--The Secretary shall at or 
                prior to the time the Secretary makes a loan to 
                a student borrower under the program, provide 
                thorough and adequate loan information on such 
                loan to the student borrower. The disclosures 
                required by this paragraph may be made as part 
                of the written application material provided to 
                the student borrower, as part of the promissory 
                note evidencing the loan, or on a separate 
                written form provided to the student borrower.
                  (B) Contents.--The disclosures shall 
                include--
                          (i) the address to which 
                        communications and payments should be 
                        sent;
                          (ii) the principal amount of the 
                        loan;
                          (iii) the amount of any charges 
                        collected at or prior to the disbursal 
                        of the loan and whether such charges 
                        are to be deducted from the proceeds of 
                        the loan or paid separately by the 
                        student borrower;
                          (iv) the stated interest rate on the 
                        loan;
                          (v) the yearly and cumulative maximum 
                        amounts that may be borrowed;
                          (vi) an explanation of when repayment 
                        of the loan will be required and when 
                        the student borrower will be obligated 
                        to pay interest that accrues on the 
                        loan;
                          (vii) a statement as to the minimum 
                        and maximum repayment term that the 
                        Secretary may impose, and the minimum 
                        monthly payment required by law and a 
                        description of any penalty imposed as a 
                        consequence of default, such as 
                        liability for expenses reasonably 
                        incurred in attempts by the Secretary 
                        to collect on a loan;
                          (viii) a statement of the total 
                        cumulative balance, including the loan 
                        applied for, owed by the student 
                        borrower to the Secretary, and an 
                        estimate of the projected monthly 
                        payment, given such cumulative balance;
                          (ix) an explanation of any special 
                        options the student borrower may have 
                        for loan consolidation or other 
                        refinancing of the loan;
                          (x) a statement that the student 
                        borrower has the right to prepay all or 
                        part of the loan, at any time, without 
                        penalty;
                          (xi) a statement summarizing 
                        circumstances in which repayment of the 
                        loan or interest that accrues on the 
                        loan may be deferred, and a brief 
                        notice of the program for repayment of 
                        loans, on the basis of military 
                        service, pursuant to the Department of 
                        Defense educational loan repayment 
                        program (10 U.S.C. 16302);
                          (xii) a definition of default and the 
                        consequences to the student borrower if 
                        the student borrower defaults, together 
                        with a statement that the disbursement 
                        of, and the default on, a loan under 
                        this part shall be reported to a credit 
                        bureau or credit reporting agency;
                          (xiii) to the extent practicable, the 
                        effect of accepting the loan on the 
                        eligibility of the student borrower for 
                        other forms of student assistance; and
                          (xiv) an explanation of any cost the 
                        student borrower may incur in the 
                        making or collection of the loan.
                  (C) Information to be provided without 
                cost.--The information provided under this 
                paragraph shall be available to the Secretary 
                without cost to the student borrower.
          (4) Repayment after default.--The Secretary may 
        require any student borrower who has defaulted on a 
        loan made under the program to--
                  (A) pay all reasonable collection costs 
                associated with such loan; and
                  (B) repay the loan pursuant to an income 
                contingent repayment plan.
          (5) Authorization to reduce rates and fees.--
        Notwithstanding any other provision of this section, 
        the Secretary may prescribe by regulation any 
        reductions in the interest rate or origination fee paid 
        by a student borrower of a loan made under the program 
        as the Secretary determines appropriate to encourage 
        ontime repayment of the loan. Such reductions may be 
        offered only if the Secretary determines the reductions 
        are cost neutral and in the best financial interest of 
        the United States.
          (6) Collection of repayments.--The Secretary shall 
        collect repayments made under the program and exercise 
        due diligence in such collection, including maintenance 
        of all necessary records to ensure that maximum 
        repayments are made. Collection and servicing of 
        repayments under the program shall be pursued to the 
        full extent of the law, including wage garnishment if 
        necessary. The Secretary of the Department in which the 
        Coast Guard is operating shall provide the Secretary of 
        Transportation with any information regarding a mariner 
        that may aid in the collection of repayments under this 
        section.
          (7) Repayment schedule.--A student borrower who 
        receives a loan under the program shall repay the loan 
        quarterly, bimonthly, or monthly, at the option of the 
        student borrower, over a period beginning 9 months from 
        the date the student borrower completes study or 
        discontinues attendance at the maritime program for 
        which the loan proceeds are used and ending not more 
        than 10 years after the date repayment begins. 
        Provisions for deferral of repayment shall be 
        determined by the Secretary.
          (8) Contracts for servicing and collection of 
        loans.--The Secretary may--
                  (A) enter into a contract or other 
                arrangement with State or nonprofit agencies 
                and, on a competitive basis, with collection 
                agencies for servicing and collection of loans 
                under this section; and
                  (B) conduct litigation necessary to carry out 
                this section.
  (j) Revolving Loan Fund.--
          (1) Establishment.--The Secretary shall establish a 
        revolving loan fund consisting of amounts deposited in 
        the fund under paragraph (2).
          (2) Deposits.--The Secretary shall deposit in the 
        fund--
                  (A) receipts from the payment of principal 
                and interest on loans made under the program; 
                and
                  (B) any other monies paid to the Secretary by 
                or on behalf of individuals under the program.
          (3) Availability of amounts.--Amounts in the fund 
        shall be available to the Secretary, without further 
        appropriation--
                  (A) to cover the administrative costs of the 
                program, including the maintenance of records 
                and making collections under this section; and
                  (B) to the extent that amounts remain 
                available after paying such administrative 
                costs, to make loans under the program.
          (4) Maintenance of records.--The Secretary shall 
        maintain accurate records of the administrative costs 
        referred to in paragraph (3)(A).
  (k) Annual Report.--The Secretary, on an annual basis, shall 
submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
program, including--
          (1) the total amount of loans made under the program 
        in the preceding year;
          (2) the number of students receiving loans under the 
        program in the preceding year; and
          (3) the total amount of loans made under program that 
        are in default as of the date of the report.
  (l) Authorization of Appropriations.--There are authorized to 
be appropriated for each of fiscal years 2010 through 2015--
          (1) $10,000,000 for making loans under the program; 
        and
          (2) $1,000,000 for administrative expenses of the 
        Secretary in carrying out the program.

Sec. 51706. Maritime recruitment, training, and retention grant program

  (a) Strategic Plan.--
          (1) In general.--Not later than one year after the 
        date of enactment of this section, and at least once 
        every 3 years thereafter, the Secretary of 
        Transportation, acting through the Administrator of the 
        Maritime Administration, shall publish in the Federal 
        Register a plan that describes the demonstration, 
        research, and multistate project priorities of the 
        Department of Transportation concerning merchant 
        mariner recruitment, training, and retention for the 3-
        year period following the date of publication of the 
        plan.
          (2) Contents.--A plan published under paragraph (1) 
        shall contain strategies and identify potential 
        projects to address merchant mariner recruitment, 
        training, and retention issues in the United States.
          (3) Factors.--In developing a plan under paragraph 
        (1), the Secretary shall take into account, at a 
        minimum--
                  (A) the availability of existing research (as 
                of the date of publication of the plan);
                  (B) the need to ensure results that have 
                broad applicability;
                  (C) the benefits of economies of scale and 
                the efficiency of potential projects; and
                  (D) the likelihood that the results of 
                potential projects will be useful to 
                policymakers and stakeholders in addressing 
                merchant mariner recruitment, training, and 
                retention issues.
          (4) Consultation.--In developing a plan under 
        paragraph (1), the Secretary shall consult with 
        representatives of the maritime industry, labor 
        organizations, and other governmental entities and 
        parties with an interest in the maritime industry.
          (5) Transmittal to congress.--The Secretary shall 
        transmit copies of a plan published under paragraph (1) 
        to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate.
  (b) Demonstration Projects.--
          (1) In general.--The Secretary may award grants to a 
        maritime training institution to carry out 
        demonstration projects that implement the priorities 
        identified in the plan prepared under subsection 
        (a)(1), for the purpose of developing and implementing 
        methods to address merchant mariner recruitment, 
        training, and retention issues.
          (2) Grant awards.--Grants shall be awarded under this 
        subsection on a competitive basis under guidelines and 
        requirements to be established by the Secretary.
          (3) Applications.--To be eligible to receive a grant 
        for a project under this subsection, a maritime 
        training institution shall submit to the Secretary a 
        grant proposal that includes, at a minimum--
                  (A) information demonstrating the estimated 
                effectiveness of the project; and
                  (B) a method for evaluating the effectiveness 
                of the project.
          (4) Eligible projects.--Projects eligible for grants 
        under this subsection may include--
                  (A) the establishment of maritime technology 
                skill centers developed through local 
                partnerships of industry, labor, education, 
                community-based organizations, economic 
                development organizations, or Federal, State, 
                and local government agencies to meet unmet 
                skills needs of the maritime industry;
                  (B) projects that provide training to upgrade 
                the skills of workers who are employed in the 
                maritime industry;
                  (C) projects that promote the use of distance 
                learning, enabling students to take courses 
                through the use of media technology, such as 
                videos, teleconferencing, and the Internet;
                  (D) projects that assist in providing 
                services to address maritime recruitment and 
                training of youth residing in targeted high 
                poverty areas within empowerment zones and 
                enterprise communities;
                  (E) the establishment of partnerships with 
                national and regional organizations with 
                special expertise in developing, organizing, 
                and administering merchant mariner recruitment 
                and training services; and
                  (F) the establishment of maritime training 
                programs that foster technical skills and 
                operational productivity in communities in 
                which economies are related to or dependent 
                upon the maritime industry.
  (c) Projects Authorized.--
          (1) Projects.--The Secretary may award grants to 
        carry out projects identified in a plan published under 
        subsection (a)(1) under which the project sponsor 
        will--
                  (A) design, develop, and test an array of 
                approaches to providing recruitment, training, 
                or retention services to one or more targeted 
                populations;
                  (B) in conjunction with employers, organized 
                labor, other groups (such as community 
                coalitions), and Federal, State, or local 
                agencies, design, develop, and test various 
                training approaches in order to determine 
                effective practices; or
                  (C) assist in the development and replication 
                of effective service delivery strategies for 
                the national maritime industry as a whole.
          (2) Research projects.--The Secretary may award 
        grants to carry out research projects identified in a 
        plan published under subsection (a)(1) that will 
        contribute to the solution of maritime industry 
        recruitment, training, and retention issues in the 
        United States.
          (3) Multistate or regional projects.--The Secretary 
        may award grants to carry out multistate or regional 
        projects identified in a plan published under 
        subsection (a)(1) to effectively disseminate best 
        practices and models for implementing maritime 
        recruitment, training, and retention services designed 
        to address industry-wide skill shortages.
          (4) Grant awards.--Grants shall be awarded under this 
        subsection on a competitive basis under guidelines and 
        requirements to be established by the Secretary.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated for each of fiscal years 2010 through 2015--
          (1) $10,000,000 for making grants under this section; 
        and
          (2) $1,000,000 for administrative expenses of the 
        Secretary in carrying out this section.

           *       *       *       *       *       *       *


Subtitle VII--Security and Drug Enforcement

           *       *       *       *       *       *       *


                       CHAPTER 701--PORT SECURITY

Sec.
70101. Definitions.
[70110. Actions and assistance for foreign ports and United States 
          territories.]
70110. Actions and assistance for foreign ports or facilities and United 
          States territories
     * * * * * * *
[70118. Enforcement by State and local officers.]

           *       *       *       *       *       *       *


Sec. 70105. Transportation security cards

  (a) * * *
  (b) Issuance of Cards.--(1) * * *
  (2) This subsection applies to--
          (A) * * *
          (B) an individual issued a license, certificate of 
        registry, or merchant mariners document under part E of 
        subtitle II of this title allowed unescorted access to 
        a secure area designated in a vessel security plan 
        approved under section 70103 of this title;

           *       *       *       *       *       *       *

          (D) an individual engaged on a towing vessel that 
        pushes, pulls, or hauls alongside a tank vessel allowed 
        unescorted access to a secure area designated in a 
        vessel security plan approved under section 70103 of 
        this title;

           *       *       *       *       *       *       *

  (c) Determination of Terrorism Security Risk.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Denial of waiver review.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Classified evidence.--The Secretary, in 
                consultation with the [National Intelligence 
                Director] Director of National Intelligence, 
                shall issue regulations to establish procedures 
                by which the Secretary, as part of a review 
                conducted under this paragraph, may provide to 
                the individual adversely affected by the 
                determination an unclassified summary of 
                classified evidence upon which the denial of a 
                waiver by the Secretary was based.

           *       *       *       *       *       *       *


Sec. 70106. Maritime safety and security teams

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team shall 
coordinate its activities with other Federal, State, and local 
law enforcement and emergency response agencies.]
  (c) Maritime Security Response Teams.--
          (1) In general.--In addition to the maritime safety 
        and security teams, the Secretary shall establish no 
        less than two maritime security response teams to act 
        as the Coast Guard's rapidly deployable 
        counterterrorism and law enforcement response units 
        that can apply advanced interdiction skills in response 
        to threats of maritime terrorism.
          (2) Minimization of response time.--The maritime 
        security response teams shall be stationed in such a 
        way to minimize, to the extent practicable, the 
        response time to any reported maritime terrorist 
        threat.
  (d) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team and maritime 
security response team shall coordinate its activities with 
other Federal, State, and local law enforcement and emergency 
response agencies.

           *       *       *       *       *       *       *


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

  (a) In General.--If the Secretary finds that a foreign port 
or facility does not maintain effective antiterrorism measures, 
the Secretary--
          (1) may prescribe conditions of entry into the United 
        States for any vessel arriving from that port or 
        facility, or any vessel carrying cargo or passengers 
        originating from or transshipped through that port or 
        facility;

           *       *       *       *       *       *       *

  (b) Effective Date for Sanctions.--Any action taken by the 
Secretary under subsection (a) for a particular port or 
facility shall take effect--
          (1) 90 days after the government of the foreign 
        country with jurisdiction over or control of that port 
        or facility is notified under section 70109 unless the 
        Secretary finds that the government has brought the 
        antiterrorism measures at the port or facility up to 
        the security level the Secretary used in making an 
        assessment under section 70108 before the end of that 
        90-day period; or
          (2) immediately upon the finding of the Secretary 
        under subsection (a) if the Secretary finds, after 
        consulting with the Secretary of State, that a 
        condition exists that threatens the safety or security 
        of passengers, vessels, or crew traveling to or from 
        the port or facility.
  (c) State Department To Be Notified.--The Secretary 
immediately shall notify the Secretary of State of a finding 
that a port or facility does not maintain effective 
antiterrorism measures.
  (d) Action Canceled.--An action required under this section 
is no longer required if the Secretary decides that effective 
antiterrorism measures are maintained at the port or facility.
  (e) Assistance for Foreign [Ports] Ports, Facilities, and 
United States Territories.--
          (1) In general.--The Secretary, in consultation with 
        the Secretary of Transportation, the Secretary of 
        State, and the Secretary of Energy, shall identify 
        assistance programs that could facilitate 
        implementation of port or facility security 
        antiterrorism measures in foreign countries and 
        territories of the United States. [The Secretary shall 
        establish a program to utilize the programs that are 
        capable of implementing port security antiterrorism 
        measures at ports in foreign countries and territories 
        of the United States that the Secretary finds to lack 
        effective antiterrorism measures.] The Secretary shall 
        establish a strategic plan to utilize those assistance 
        programs to assist ports and facilities that are found 
        by the Secretary under subsection (a) not to maintain 
        effective antiterrorism measures in the implementation 
        of port security antiterrorism measures.
          (2) Caribbean basin.--The Secretary, in coordination 
        with the Secretary of State and in consultation with 
        the Organization of American States and the Commandant 
        of the Coast Guard, shall place particular emphasis on 
        utilizing programs to facilitate the implementation of 
        port or facility security antiterrorism measures at the 
        ports located in the Caribbean Basin, as such ports 
        pose unique security and safety threats to the United 
        States due to--
                  (A) * * *

           *       *       *       *       *       *       *

  (f) Coast Guard Assistance Program.--
          (1) In general.--The Secretary may lend, lease, 
        donate, or otherwise provide equipment, and provide 
        technical training and support, to the owner or 
        operator of a foreign port or facility--
                  (A) to assist in bringing the port or 
                facility into compliance with applicable 
                International Ship and Port Facility Code 
                standards;
                  (B) to assist the port or facility in meeting 
                standards established under section 70109A of 
                this chapter; and
                  (C) to assist the port or facility in 
                exceeding the standards described in 
                subparagraphs (A) and (B).
          (2) Conditions.--The Secretary--
                  (A) shall provide such assistance based upon 
                an assessment of the risks to the security of 
                the United States and the inability of the 
                owner or operator of the port or facility 
                otherwise to bring the port or facility into 
                compliance with those standards and to maintain 
                compliance with them;
                  (B) may not provide such assistance unless 
                the port or facility has been subjected to a 
                comprehensive port security assessment by the 
                Coast Guard or a third party entity certified 
                by the Secretary under section 70110A(b) to 
                validate foreign port or facility compliance 
                with International Ship and Port Facility Code 
                standards; and
                  (C) may only lend, lease, or otherwise 
                provide equipment that the Secretary has first 
                determined is not required by the Coast Guard 
                for the performance of its missions.

           *       *       *       *       *       *       *


Sec. 70112. Maritime Security Advisory Committees

  (a) * * *
  (b) Membership.--(1) * * *

           *       *       *       *       *       *       *

  [(5) The membership of an Area Maritime Security Advisory 
Committee shall include representatives of the port industry, 
terminal operators, port labor organizations, and other users 
of the port areas.]
  (5)(A) The National Maritime Security Advisory Committee 
shall be composed of--
          (i) at least 1 individual who represents the 
        interests of the port authorities;
          (ii) at least 1 individual who represents the 
        interests of the facilities owners or operators;
          (iii) at least 1 individual who represents the 
        interests of the terminal owners or operators;
          (iv) at least 1 individual who represents the 
        interests of the vessel owners or operators;
          (v) at least 1 individual who represents the 
        interests of the maritime labor organizations;
          (vi) at least 1 individual who represents the 
        interests of the academic community;
          (vii) at least 1 individual who represents the 
        interests of State or local governments; and
          (viii) at least 1 individual who represents the 
        interests of the maritime industry.
  (B) Each Area Maritime Security Advisory Committee shall be 
composed of individuals who represents the interests of the 
port industry, terminal operators, port labor organizations, 
and other users of the port areas.

           *       *       *       *       *       *       *

  (g) Faca; Termination.--[(1)] The Federal Advisory Committee 
Act (5 U.S.C. App.)--
          [(A)] (1) applies to the National Maritime Security 
        Advisory Committee established under this section, 
        except that such committee terminates on September 30, 
        [2008;] 2010; and
          [(B)] (2) does not apply to Area Maritime Security 
        Advisory Committees established under this section.
  [(2) Not later than September 30, 2006, each committee 
established under this section shall submit to the Congress its 
recommendation regarding whether the committee should be 
renewed and continued beyond the termination date.]

           *       *       *       *       *       *       *


[Sec. 70118. Enforcement by State and local officers

  [(a) In General.--Any State or local government law 
enforcement officer who has authority to enforce State criminal 
laws may make an arrest for violation of a security zone 
regulation prescribed under section 1 of title II of the Act of 
June 15, 1917 (chapter 30; 50 U.S.C. 191) or security or safety 
zone regulation under section 7(b) of the Ports and Waterways 
Safety Act (33 U.S.C. 1226(b)) or a safety zone regulation 
prescribed under section 10(d) of the Deepwater Port Act of 
1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized 
by law to prescribe such regulations, if--
          [(1) such violation is a felony; and
          [(2) the officer has reasonable grounds to believe 
        that the person to be arrested has committed or is 
        committing such violation.
  [(b) Other Powers not Affected.--The provisions of this 
section are in addition to any power conferred by law to such 
officers. This section shall not be construed as a limitation 
of any power conferred by law to such officers, or any other 
officer of the United States or any State. This section does 
not grant to such officers any powers not authorized by the law 
of the State in which those officers are employed.]

           *       *       *       *       *       *       *


CHAPTER 705--MARITIME DRUG LAW ENFORCEMENT

           *       *       *       *       *       *       *


Sec. 70506. Penalties

  (a) * * *

           *       *       *       *       *       *       *

  (c) Simple Possession.--
          (1) In general.--Any individual on a vessel subject 
        to the jurisdiction of the United States who is found 
        by the Secretary, after notice and an opportunity for a 
        hearing, to have knowingly or intentionally possessed a 
        controlled substance within the meaning of the 
        Controlled Substances Act (21 U.S.C. 812) shall be 
        liable to the United States for a civil penalty of not 
        to exceed $10,000 for each violation. The Secretary 
        shall notify the individual in writing of the amount of 
        the civil penalty.
          (2) Determination of amount.--In determining the 
        amount of the penalty, the Secretary shall consider the 
        nature, circumstances, extent, and gravity of the 
        prohibited acts committed and, with respect to the 
        violator, the degree of culpability, any history of 
        prior offenses, ability to pay, and other matters that 
        justice requires.
          (3) Treatment of civil penalty assessment.--
        Assessment of a civil penalty under this subsection 
        shall not be considered a conviction for purposes of 
        State or Federal law but may be considered proof of 
        possession if such a determination is relevant.

           *       *       *       *       *       *       *

                              ----------                              


                          ACT OF JULY 5, 1884

  (Commonly known as the Rivers and Harbors Appropriation Act of 1884)

    An act making appropriations for the construction, repair, and 
  preservation of certain public works on rivers and harbors, and for 
other purposes.

           *       *       *       *       *       *       *


  Sec. 4. (a) * * *
  (b) No taxes, tolls, operating charges, fees, or any other 
impositions whatever shall be levied upon or collected from any 
vessel or other water craft, or from its passengers or crew, by 
any non-Federal interest, if the vessel or water craft is 
operating on any navigable waters subject to the authority of 
the United States, or under the right to freedom of navigation 
on those waters, except for--
          (1) * * *
          (2) reasonable fees charged on a fair and equitable 
        basis that--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) do not impose more than a small burden on 
                interstate or foreign commerce; [or]
          (3) property taxes on vessels or watercraft, other 
        than vessels or watercraft that are primarily engaged 
        in foreign commerce if those taxes are permissible 
        under the United States Constitution[.]; or
          (4) sales taxes on goods and services provided to or 
        by vessels or watercraft (other than vessels or 
        watercraft primarily engaged in foreign commerce).

           *       *       *       *       *       *       *

                              ----------                              


RIVERS AND HARBORS APPROPRIATIONS ACT OF 1915

           *       *       *       *       *       *       *


  Sec. 7. [That the] (a) In General.--The Secretary of Homeland 
Security is authorized, empowered, and directed to define and 
establish anchorage grounds for vessels in all harbors, rivers, 
bays, and other navigable waters of the United States whenever 
it is manifest to the said Secretary that the maritime or 
commercial interests of the United States require such 
anchorage grounds for safe navigation and the establishment of 
such anchorage grounds shall have been recommended by the Chief 
of Engineers, and to adopt suitable rules and regulations in 
relation thereto; and such rules and regulations shall be 
enforced by the Revenue-Cutter Service under the direction of 
the Secretary of the Treasury: Provided, That at ports or 
places where there is no revenue cutter available such rules 
and regulations may be enforced by the Chief of Engineers under 
the direction of the Secretary of Homeland Security. In the 
event of the violation of any such rules and regulations by the 
owner, master, or person in charge of any vessel, such owner, 
master, or person in charge of such vessel shall be liable to a 
penalty of [$100; and the] up to $10,000. Each day during which 
a violation continues shall constitute a separate violation. 
The said vessel may be holden for the payment of such penalty, 
and may be seized and proceeded against summarily by libel for 
the recovery of the same in any United States district court 
for the district within which such vessel may be and in the 
name of the officer designated by the Secretary of Homeland 
Security.
  (b) Definition.--As used in this section ``navigable waters 
of the United States'' includes all waters of the territorial 
sea of the United States as described in Presidential 
Proclamation No. 5928 of December 27, 1988.

           *       *       *       *       *       *       *

                              ----------                              


OIL POLLUTION ACT OF 1990

           *       *       *       *       *       *       *


SEC. 2. TABLE OF CONTENTS.

  The contents of this Act are as follows:

           *       *       *       *       *       *       *


        TITLE VII--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM

     * * * * * * *
Sec. 7002. Submerged oil program.

           *       *       *       *       *       *       *


TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

           *       *       *       *       *       *       *


SEC. 1004. LIMITS ON LIABILITY.

  (a) General Rule.--Except as otherwise provided in this 
section, the total of the liability of a responsible party 
under section 1002 and any removal costs incurred by, or on 
behalf of, the responsible party, with respect to each incident 
shall not exceed--
          (1) * * *
          (2) for any other vessel, $950 per gross ton or 
        $800,000[,], whichever is greater;

           *       *       *       *       *       *       *

  (d) Adjusting Limits of Liability.--
          (1) * * *
          (2) Deepwater ports and associated vessels.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) The Secretary may establish, by 
                regulation, a limit of liability of not less 
                than $12,000,000 for a deepwater port used only 
                in connection with transportation of natural 
                gas.

           *       *       *       *       *       *       *


SEC. 1012. USES OF THE FUND.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Period of Limitations for Claims.--
          (1) Removal costs.--No claim may be presented under 
        this title for recovery of removal costs for an 
        incident unless the claim is presented within [6] 3 
        years after the date of completion of all removal 
        actions for that incident.

           *       *       *       *       *       *       *


                    TITLE IV--PREVENTION AND REMOVAL

Subtitle A--Prevention

           *       *       *       *       *       *       *


SEC. 4116. PILOTAGE.

  (a) * * *
  (c) Escorts for Certain Tankers.--[Not later than 6 months]
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary shall 
        initiate issuance of regulations under section 
        3703(a)(3) of title 46, United States Code, to define 
        those areas, including Prince William Sound, Alaska, 
        and Rosario Strait and Puget Sound, Washington 
        (including those portions of the Strait of Juan de Fuca 
        east of Port Angeles, Haro Strait, and the Strait of 
        Georgia subject to United States jurisdiction), on 
        which single hulled tankers over 5,000 gross tons 
        transporting oil in bulk shall be escorted by at least 
        two towing vessels (as defined under section 2101 of 
        title 46, United States Code) or other vessels 
        considered appropriate by the Secretary.
          (2) Prince william sound, alaska.--
                  (A) In general.--The requirement in paragraph 
                (1) relating to single hulled tankers in Prince 
                William Sound, Alaska, described in that 
                paragraph being escorted by at least 2 towing 
                vessels or other vessels considered to be 
                appropriate by the Secretary (including 
                regulations promulgated in accordance with 
                section 3703(a)(3) of title 46, United States 
                Code, as set forth in part 168 of title 33, 
                Code of Federal Regulations (as in effect on 
                March 1, 2009), implementing this subsection 
                with respect to those tankers) shall apply to 
                double hulled tankers over 5,000 gross tons 
                transporting oil in bulk in Prince William 
                Sound, Alaska.
                  (B) Implementation of requirements.--The 
                Secretary of the Federal agency with 
                jurisdiction over the Coast Guard shall carry 
                out subparagraph (A) by order without notice 
                and hearing pursuant to section 553 of title 5, 
                United States Code.

           *       *       *       *       *       *       *

                              ----------                              


                         AMERICAN FISHERIES ACT

                          TITLE II--FISHERIES

Subtitle I--Fishery Endorsements

           *       *       *       *       *       *       *


SEC. 203. ENFORCEMENT OF STANDARD.

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


Subtitle II--Bering Sea Pollock Fishery

           *       *       *       *       *       *       *


SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 210. FISHERY COOPERATIVE LIMITATIONS.

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                              ----------                              


                 SECTION 5209 OF THE OCEANS ACT OF 1992

SEC. 5209. TANK VESSEL DEFINITION CLARIFICATION.

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

           *       *       *       *       *       *       *

                              ----------                              


                 COAST GUARD AUTHORIZATION ACT OF 1991

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

  (a) * * *

           *       *       *       *       *       *       *

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

SEC. 19. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                              ----------                              


                           PUBLIC LAW 96-380

     AN ACT to establish a Towing Safety Advisory Committee in the 
                     Department of Transportation.

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

           *       *       *       *       *       *       *

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


         SECTION 5 OF THE INLAND NAVIGATIONAL RULES ACT OF 1980

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

           *       *       *       *       *       *       *

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


IMMIGRATION AND NATIONALITY ACT

           *       *       *       *       *       *       *


TITLE II--IMMIGRATION

           *       *       *       *       *       *       *


Chapter 8--General Penalty Provisions

           *       *       *       *       *       *       *


                BRINGING IN AND HARBORING CERTAIN ALIENS

  Sec. 274. (a) [Criminal Penalties] Bringing In, Harboring, 
and Smuggling of Unlawful and Terrorist Aliens.--[(1)(A) Any 
person who--
          [(i) knowing that a person is an alien, brings to or 
        attempts to bring to the United States in any manner 
        whatsoever such person at a place other than a 
        designated port of entry or place other than as 
        designated by the Commissioner, regardless of whether 
        such alien has received prior official authorization to 
        come to, enter, or reside in the United States and 
        regardless of any future official action which may be 
        taken with respect to such alien;
          [(ii) knowing or in reckless disregard of the fact 
        that an alien has come to, entered, or remains in the 
        United States in violation of law, transports, or moves 
        or attempts to transport or move such alien within the 
        United States by means of transportation or otherwise, 
        in furtherance of such violation of law;
          [(iii) knowing or in reckless disregard of the fact 
        that an alien has come to, entered, or remains in the 
        United States in violation of law, conceals, harbors, 
        or shields from detection, or attempts to conceal, 
        harbor, or shield from detection, such alien in any 
        place, including any building or any means of 
        transportation;
          [(iv) encourages or induces an alien to come to, 
        enter, or reside in the United States, knowing or in 
        reckless disregard of the fact that such coming to, 
        entry, or residence is or will be in violation of law; 
        or
          [(v)(I) engages in any conspiracy to commit any of 
        the preceding acts, or
          [(II) aids or abets the commission of any of the 
        preceding acts,
shall be punished as provided in subparagraph (B).
  [(B) A person who violates subparagraph (A) shall, for each 
alien in respect to whom such a violation occurs--
          [(i) in the case of a violation of subparagraph 
        (A)(i) or (v)(I) or in the case of a violation of 
        subparagraph (A)(ii), (iii), or (iv) in which the 
        offense was done for the purpose of commercial 
        advantage or private financial gain, be fined under 
        title 18, United States Code, imprisoned not more than 
        10 years, or both;
          [(ii) in the case of a violation of subparagraph (A) 
        (ii), (iii), (iv), or (v)(II) be fined under title 18, 
        United States Code, imprisoned not more than 5 years, 
        or both;
          [(iii) in the case of a violation of subparagraph (A) 
        (i), (ii), (iii), (iv), or (v) during and in relation 
        to which the person causes serious bodily injury (as 
        defined in section 1365 of title 18, United States 
        Code) to, or places in jeopardy the life of, any 
        person, be fined under title 18, United States Code, 
        imprisoned not more than 20 years, or both; and
          [(iv) in the case of a violation of subparagraph (A) 
        (i), (ii), (iii), (iv), or (v) resulting in the death 
        of any person, be punished by death or imprisoned for 
        any term of years or for life, fined under title 18, 
        United States Code, or both.
  [(C) It is not a violation of clauses (ii) or (iii) of 
subparagraph (A), or of clause (iv) of subparagraph (A) except 
where a person encourages or induces an alien to come to or 
enter the United States, for a religious denomination having a 
bona fide nonprofit, religious organization in the United 
States, or the agents or officers of such denomination or 
organization, to encourage, invite, call, allow, or enable an 
alien who is present in the United States to perform the 
vocation of a minister or missionary for the denomination or 
organization in the United States as a volunteer who is not 
compensated as an employee, notwithstanding the provision of 
room, board, travel, medical assistance, and other basic living 
expenses, provided the minister or missionary has been a member 
of the denomination for at least one year.
  [(2) Any person who, knowing or in reckless disregard of the 
fact that an alien has not received prior official 
authorization to come to, enter, or reside in the United 
States, brings to or attempts to bring to the United States in 
any manner whatsoever, such alien, regardless of any official 
action which may later be taken with respect to such alien 
shall, for each alien in respect to whom a violation of this 
paragraph occurs--
          [(A) be fined in accordance with title 18, United 
        States Code, or imprisoned not more than one year, or 
        both; or
          [(B) in the case of--
                  [(i) an offense committed with the intent or 
                with reason to believe that the alien 
                unlawfully brought into the United States will 
                commit an offense against the United States or 
                any State punishable by imprisonment for more 
                than 1 year,
                  [(ii) an offense done for the purpose of 
                commercial advantage or private financial gain, 
                or
                  [(iii) an offense in which the alien is not 
                upon arrival immediately brought and presented 
                to an appropriate immigration officer at a 
                designated port of entry,
        be fined under title 18, United States Code, and shall 
        be imprisoned, in the case of a first or second 
        violation of subparagraph (B)(iii), not more than 10 
        years, in the case of a first or second violation of 
        subparagraph (B)(i) or (B)(ii), not less than 3 nor 
        more than 10 years, and for any other violation, not 
        less than 5 nor more than 15 years.] (1)(A) Whoever, 
        knowing or in reckless disregard of the fact that an 
        individual is an alien who lacks lawful authority to 
        come to, enter, or reside in the United States, 
        knowingly--
          (i) brings that individual to the United States in 
        any manner whatsoever regardless of any future official 
        action which may be taken with respect to such 
        individual;
          (ii) recruits, encourages, or induces that individual 
        to come to, enter, or reside in the United States;
          (iii) transports or moves that individual in the 
        United States, in furtherance of their unlawful 
        presence; or
          (iv) harbors, conceals, or shields from detection the 
        individual in any place in the United States, including 
        any building or any means of transportation;
or attempts or conspires to do so, shall be punished as 
provided in subparagraph (C).
  (B) Whoever, knowing that an individual is an alien, brings 
that individual to the United States in any manner whatsoever 
at a place, other than a designated port of entry or place 
designated by the Secretary of Homeland Security, regardless of 
whether such individual has received prior official 
authorization to come to, enter, or reside in the United States 
and regardless of any future official action which may be taken 
with respect to such individual, or attempts or conspires to do 
so, shall be punished as provided in subparagraph (C).
  (C) Whoever commits an offense under this paragraph shall, 
for each individual in respect to whom such a violation 
occurs--
          (i) if the offense results in the death of any 
        person, be fined under title 18, United States Code, 
        and subject to the penalty of death or imprisonment for 
        any term of years or for life;
          (ii) if the offense involves kidnapping, an attempt 
        to kidnap, the conduct required for aggravated sexual 
        abuse (as defined in section 2241 of title 18, United 
        States Code, without regard to where it takes place), 
        or an attempt to commit such abuse, or an attempt to 
        kill, be fined under title 18, United States Code, or 
        imprisoned for any term of years or life, or both;
          (iii) if the offense involves an individual who the 
        defendant knew was engaged in or intended to engage in 
        terrorist activity (as defined in section 
        212(a)(3)(B)), be fined under title 18, United States 
        Code, or imprisoned not more than 30 years, or both;
          (iv) if the offense results in serious bodily injury 
        (as defined in section 1365 of title 18, United States 
        Code) or places in jeopardy the life of any person, be 
        fined under title 18, United States Code, or imprisoned 
        not more than 20 years, or both;
          (v) if the offense is a violation of paragraph 
        (1)(A)(i) and was committed for the purpose of profit, 
        commercial advantage, or private financial gain, or if 
        the offense was committed with the intent or reason to 
        believe that the individual unlawfully brought into the 
        United States will commit an offense against the United 
        States or any State that is punishable by imprisonment 
        for more than 1 year, be fined under title 18, United 
        States Code, and imprisoned, in the case of a first or 
        second violation, not less than 3 nor more than 10 
        years, and for any other violation, not less than 5 nor 
        more than 15 years;
          (vi) if the offense is a violation of paragraphs 
        (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and 
        was committed for the purpose of profit, commercial 
        advantage, or private financial gain, be fined under 
        title 18, United States Code, or imprisoned not more 
        than 10 years, or both;
          (vii) if the offense involves the transit of the 
        defendant's spouse, child, sibling, parent, 
        grandparent, or niece or nephew, and the offense is not 
        described in any of clauses (i) through (vi), be fined 
        under title 18, United States Code, or imprisoned not 
        more than 1 year, or both; and
          (viii) in any other case, be fined under title 18, 
        United States Code, or imprisoned not more than 5 
        years, or both.
  (2)(A) There is extraterritorial jurisdiction over the 
offenses described in paragraph (1).
  (B) In a prosecution for a violation of, or an attempt or 
conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), 
or (a)(1)(B), that occurs on the high seas, no defense based on 
necessity can be raised unless the defendant--
          (i) as soon as practicable, reported to the Coast 
        Guard the circumstances of the necessity, and if a 
        rescue is claimed, the name, description, registry 
        number, and location of the vessel engaging in the 
        rescue; and
          (ii) did not bring, attempt to bring, or in any 
        manner intentionally facilitate the entry of any alien 
        into the land territory of the United States without 
        lawful authority, unless exigent circumstances existed 
        that placed the life of that alien in danger, in which 
        case the reporting requirement set forth in clause (i) 
        is satisfied by notifying the Coast Guard as soon as 
        practicable after delivering the alien to emergency 
        medical or law enforcement personnel ashore.
  (C) It is not a violation of, or an attempt or conspiracy to 
violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph 
(1)(A)(ii) (except if a person recruits, encourages, or induces 
an alien to come to or enter the United States), for a 
religious denomination having a bona fide nonprofit, religious 
organization in the United States, or the agents or officer of 
such denomination or organization, to encourage, invite, call, 
allow, or enable an alien who is present in the United States 
to perform the vocation of a minister or missionary for the 
denomination or organization in the United States as a 
volunteer who is not compensated as an employee, 
notwithstanding the provision of room, board, travel, medical 
assistance, and other basic living expenses, provided the 
minister or missionary has been a member of the denomination 
for at least one year.
  (D) For purposes of this paragraph and paragraph (1)--
          (i) the term ``United States'' means the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, American Samoa, the United States 
        Virgin Islands, the Commonwealth of the Northern 
        Mariana Islands, and any other territory or possession 
        of the United States; and
          (ii) the term ``lawful authority'' means permission, 
        authorization, or waiver that is expressly provided for 
        in the immigration laws of the United States or the 
        regulations prescribed under those laws and does not 
        include any such authority secured by fraud or 
        otherwise obtained in violation of law or authority 
        that has been sought but not approved.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 109--SEARCHES AND SEIZURES

           *       *       *       *       *       *       *


Sec. 2237. Criminal sanctions for failure to heave to, obstruction of 
                    boarding, or providing false information

  (a) * * *
  [(b) Any person who intentionally violates this section shall 
be fined under this title or imprisoned for not more than 5 
years, or both.]
  (b) Whoever intentionally violates this section shall--
          (1) if the offense results in death or involves 
        kidnapping, an attempt to kidnap, the conduct required 
        for aggravated sexual abuse (as defined in section 2241 
        without regard to where it takes place), or an attempt 
        to commit such abuse, or an attempt to kill, be fined 
        under such title or imprisoned for any term of years or 
        life, or both;
          (2) if the offense results in serious bodily injury 
        (as defined in section 1365 of this title) or 
        transportation under inhumane conditions, be fined 
        under this title, imprisoned not more than 15 years, or 
        both;
          (3) if the offense is committed in the course of a 
        violation of section 274 of the Immigration and 
        Nationality Act (alien smuggling); chapter 77 (peonage, 
        slavery, and trafficking in persons), section 111 
        (shipping), 111A (interference with vessels), 113 
        (stolen property), or 117 (transportation for illegal 
        sexual activity) of this title; chapter 705 (maritime 
        drug law enforcement) of title 46, or title II of the 
        Act of June 15, 1917 (Chapter 30; 40 Stat. 220), be 
        fined under this title or imprisoned for not more than 
        10 years, or both; and
          (4) in any other case, be fined under this title or 
        imprisoned for not more than 5 years, or both.
  (c)(1) This section does not limit the authority of a customs 
officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 
1581), or any other provision of law enforced or administered 
by the Secretary of the Treasury or the Secretary of Homeland 
Security, or the authority of any Federal law enforcement 
officer under any law of the United States, to order a vessel 
to stop or heave to.
  (2) In a prosecution for a violation of this section, no 
defense based on necessity can be raised unless the defendant--
          (A) as soon as practicable upon reaching shore, 
        delivered the person with respect to which the 
        necessity arose to emergency medical or law enforcement 
        personnel;
          (B) as soon as practicable, reported to the Coast 
        Guard the circumstances of the necessity resulting 
        giving rise to the defense; and
          (C) did not bring, attempt to bring, or in any manner 
        intentionally facilitate the entry of any alien, as 
        that term is defined in section 101(a)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)), 
        into the land territory of the United States without 
        lawful authority, unless exigent circumstances existed 
        that placed the life of that alien in danger, in which 
        case the reporting requirement of subparagraph (B) is 
        satisfied by notifying the Coast Guard as soon as 
        practicable after delivering that person to emergency 
        medical or law enforcement personnel ashore.

           *       *       *       *       *       *       *

  (e) In this section--
          (1) * * *

           *       *       *       *       *       *       *

          (3) the term ``vessel subject to the jurisdiction of 
        the United States'' has the meaning given the term in 
        section 2 of the Maritime Drug Law Enforcement Act (46 
        U.S.C. App. 1903) ; [and]
          (4) the term ``vessel of the United States'' has the 
        meaning given the term in section 2 of the Maritime 
        Drug Law Enforcement Act (46 U.S.C. App. 1903) [.]; and
          (5) the term ``transportation under inhumane 
        conditions'' means the transportation of persons in an 
        engine compartment, storage compartment, or other 
        confined space, transportation at an excessive speed, 
        transportation of a number of persons in excess of the 
        rated capacity of the means of transportation, or 
        intentionally grounding a vessel in which persons are 
        being transported.
                              ----------                              


COAST GUARD AUTHORIZATION ACT OF 1996

           *       *       *       *       *       *       *


SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
     * * * * * * *

                         TITLE I--AUTHORIZATION

     * * * * * * *
Sec. 103. Annual [reports] report on drug interdiction.
     * * * * * * *

TITLE XI--MISCELLANEOUS

           *       *       *       *       *       *       *


SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Certificates of Documentation for Gallant Lady.--
          (1) In general.--Notwithstanding section 27 of the 
        Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 
        8 of the Act of June 19, 1886 (24 Stat. 81, chapter 
        421; 46 App. U.S.C. 289), and section 12106 of title 
        46, United States Code, and subject to paragraph (2), 
        the Secretary [of Transportation] of the department in 
        which the Coast Guard is operating may issue a 
        certificate of documentation with an appropriate 
        endorsement for employment in coastwise trade for each 
        of the following vessels:
                  [(A) GALLANT LADY (Feadship hull number 645, 
                approximately 130 feet in length).]
                  (A) the vessel GALLANT LADY (Feadship hull 
                number 672, approximately 168 feet in length).

           *       *       *       *       *       *       *

          [(3) Condition.--The Secretary may not issue a 
        certificate of documentation for a vessel under 
        paragraph (1) unless, not later than 90 days after the 
        date of enactment of this Act, the owner of the vessel 
        referred to in paragraph (1)(B) submits to the 
        Secretary a letter expressing the intent of the owner 
        to, before April 1, 1998, enter into a contract for the 
        construction in the United States of a passenger vessel 
        of at least 130 feet in length.
          [(4) Effective date of certificates.--A certificate 
        of documentation issued under paragraph (1) shall take 
        effect--
                  [(A) for the vessel referred to in paragraph 
                (1)(A), on the date of the issuance of the 
                certificate; and
                  [(B) for the vessel referred to in paragraph 
                (1)(B), on the date of delivery of the vessel 
                to the owner.]
          [(5)] (3) Termination of effectiveness of 
        certificates.--A certificate of documentation issued 
        for a vessel under paragraph (1) shall expire--
                  [(A) on the date of the sale of the vessel by 
                the owner;
                  [(B) on April 1, 1998, if the owner of the 
                vessel referred to in paragraph (1)(B) has not 
                entered into a contract for construction of a 
                vessel in accordance with the letter of intent 
                submitted to the Secretary under paragraph (3); 
                or
                  [(C) on such date as a contract referred to 
                in paragraph (2) is breached, rescinded, or 
                terminated (other than for completion of 
                performance of the contract) by the owner of 
                the vessel referred to in paragraph (1)(B).] on 
                the date of the sale of the vessel by the 
                owner.

           *       *       *       *       *       *       *

                              ----------                              


COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006

           *       *       *       *       *       *       *


TITLE III--SHIPPING AND NAVIGATION

           *       *       *       *       *       *       *


SEC. 311. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS ENGAGED IN THE 
                    ALEUTIAN TRADE.

  (a) * * *
  (b) Other Inspection Exemption and Watch Requirement.--
Paragraphs (3)(B) and (4) of section 3302(c) of title 46, 
United States Code, and paragraphs (1) and (2) of section 
8104(o) of that title are each amended by striking ``or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title'' 
and inserting ``or less than 500 gross tons as measured under 
section 14502 of this title, or is less than 2,500 gross tons 
as measured under section 14302 of this title''.

           *       *       *       *       *       *       *


TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS

           *       *       *       *       *       *       *


SEC. 603. LIMITS ON LIABILITY.

  (a) Adjustment of Liability Limits.--
          (1) * * *
          (2) Other vessels.--Section 1004(a)(2) of such Act 
        ([33 U.S.C. 2794(a)(2)] 33 U.S.C. 2704(a)(2)) is 
        amended--
                  (A) * * *

           *       *       *       *       *       *       *


                    TITLE IX--TECHNICAL CORRECTIONS

SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (r) Corrections to Dingell-Johnson Sport Fish Restoration 
Act.--
          (1) * * *
          (2) Section 14.--Section 14(a)(1) of the Dingell-
        Johnson Sport Fish Restoration Act (16 U.S.C. 
        777m(a)(1)) is amended by striking ``For each of [the] 
        fiscal years 2006 through 2009, not more than'' and 
        inserting ``Not more than''.

SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF TRANSPORTATION AND 
                    DEPARTMENT OF TRANSPORTATION; RELATED MATTERS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Public Contracts.--Section 3732 of the Revised Statutes 
of the United States (41 U.S.C. 11) is amended by striking ``of 
Transportation'' each place it appears and inserting ``of 
Homeland Security''.

           *       *       *       *       *       *       *

  (e) Shipping.--Title 46, United State Code, is amended--
          (1) in section 2109 by striking ``a Coast Guard or''; 
        and
          (2) in section 6308--
                  (A) by redesignating subsections (b) and (c) 
                as subsections (c) and (d), respectively; [and]

           *       *       *       *       *       *       *

                  [(3)] (C) in subsection (c), as redesignated 
                by [this section] this paragraph, by striking 
                ``subsection (a)'' and inserting ``subsections 
                (a) and (b)''; and
                  [(4)] (D) in subsection (d), as redesignated 
                by [this section] this paragraph, by striking 
                ``subsections (a) and (b)'' and inserting 
                ``subsections (a), (b), and (c)''.

           *       *       *       *       *       *       *

  (h) Conservation.--
          (1) Section 1029.--Section 1029(e)(2)(B) of the 
        [Bisti/De-Na-Zin Wilderness Expansion and Fossil 
        Protection] Omnibus Parks and Public Lands Management 
        Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by 
        striking ``Secretary of Transportation, to represent 
        the United States Coast Guard.'' and inserting 
        ``Commandant of the Coast Guard.''.

           *       *       *       *       *       *       *

  (k) Bridges.--Section 4 of the Act of March 23, 1906, 
commonly known as the General Bridge Act of 1906 (33 U.S.C. 
[491)] 494), is amended by striking ``of Transportation'' each 
place it appears and inserting ``of Homeland Security''.

           *       *       *       *       *       *       *

                              ----------                              


DEEPWATER PORT ACT OF 1974

           *       *       *       *       *       *       *


                               PROCEDURE

  Sec. 5. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *
  (2) Each application shall include such financial, technical, 
and other information as the Secretary deems necessary or 
appropriate. Such information shall include, but need not be 
limited to--
          (A) * * *

           *       *       *       *       *       *       *

          (K) the nation of registry for, and the nationality 
        or citizenship of officers and crew serving on board, 
        vessels transporting natural gas that are reasonably 
        anticipated to be servicing the deepwater port;

           *       *       *       *       *       *       *