[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3619 Enrolled Bill (ENR)]
H.R.3619
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To authorize appropriations for the Coast Guard for fiscal year 2011,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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TITLE II

-COAST GUARD

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TITLE V

-COAST GUARD MODERNIZATION

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e20620e903c6d0ddf6830b696862e8888f6ce925b0d1f8ef0d3f57efdab40a5b

TITLE VI

-MARINE SAFETY

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of registry, and merchant mariners' documents.

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TITLE VII

-OIL POLLUTION PREVENTION

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TITLE VIII

-PORT SECURITY

threat of small boat attack in major ports.

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authorities, State harbor divisions, and law enforcement
agencies.

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Michigan, to the City of Marquette, Michigan.

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TITLE IX

-MISCELLANEOUS PROVISIONS

Grande River, Texas, international water boundary.

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passenger vessels on Lake Texoma in Texas and Oklahoma.

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Federal departments and agencies.
Subtitle B--Implementation of the Convention

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TITLE X

-CLEAN HULLS

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Subtitle C--Prohibitions and Enforcement Authority

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

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Funds are authorized to be appropriated for fiscal year 2011 for
necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$6,970,681,000 of which $24,500,000 is authorized to be derived
from the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)).
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore facilities,
vessels, and aircraft, including equipment related thereto,
$1,640,000,000, of which--
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990, to remain
available until expended;
(B) $1,233,502,000 is authorized for the Integrated
Deepwater System Program; and
(C) $100,000,000 is authorized for shore facilities and
aids to navigation.
(3) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials, and
human factors directly relating to improving the performance of the
Coast Guard's mission in search and rescue, aids to navigation,
marine safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and defense
readiness, $28,034,000, to remain available until expended, of
which $500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose),
payments under the Retired Serviceman's Family Protection and
Survivor Benefit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10, United
States Code, $1,400,700,000, to remain available until expended.
(5) For alteration or removal of bridges over navigable waters
of the United States constituting obstructions to navigation, and
for personnel and administrative costs associated with the Bridge
Alteration Program, $16,000,000.
(6) For environmental compliance and restoration at Coast Guard
facilities (other than parts and equipment associated with
operation and maintenance), $13,329,000, to remain available until
expended.
(7) For the Coast Guard Reserve program, including personnel
and training costs, equipment, and services, $135,675,000.

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TITLE I

-AUTHORIZATION

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

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(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.''.

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

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(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.''.

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(a) Active Duty Promotion List.--Section 42 of title 14, United
States Code, is amended to read as follows:
``Sec. 42. Number and distribution of commissioned officers on active
duty promotion list
``(a) Maximum Total Number.--The total number of Coast Guard
commissioned officers on the active duty promotion list, excluding
warrant officers, shall not exceed 7,200; except that the Commandant
may temporarily increase that number by up to 2 percent for no more
than 60 days following the date of the commissioning of a Coast Guard
Academy class.
``(b) Distribution Percentages by Grade.--
``(1) Required.--The total number of commissioned officers
authorized by this section shall be distributed in grade in the
following percentages: 0.375 percent for rear admiral; 0.375
percent for rear admiral (lower half); 6.0 percent for captain;
15.0 percent for commander; and 22.0 percent for lieutenant
commander.
``(2) Discretionary.--The Secretary shall prescribe the
percentages applicable to the grades of lieutenant, lieutenant
(junior grade), and ensign.
``(3) Authority of secretary to reduce percentage.--The
Secretary--
``(A) may reduce, as the needs of the Coast Guard require,
any of the percentages set forth in paragraph (1); and
``(B) shall apply that total percentage reduction to any
other lower grade or combination of lower grades.
``(c) Computations.--
``(1) In general.--The Secretary shall compute, at least once
each year, the total number of commissioned officers authorized to
serve in each grade by applying the grade distribution percentages
established by or under this section to the total number of
commissioned officers listed on the current active duty promotion
list.
``(2) Rounding fractions.--Subject to subsection (a), in making
the computations under paragraph (1), any fraction shall be rounded
to the nearest whole number.
``(3) Treatment of officers serving outside coast guard.--The
number of commissioned officers on the active duty promotion list
below the rank of rear admiral (lower 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.''.

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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).

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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, environmental protection, classification, and port
state or flag state law enforcement or oversight.''.

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(a) In General.--Chapter 11 of title 14, United States Code, is
amended by inserting after section 425 the following:
``Sec. 426. Emergency leave retention authority
``(a) In General.--A duty assignment for an active duty member of
the Coast Guard in support of a declaration of a major disaster or
emergency by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to
a spill of national significance shall be treated, for the purpose of
section 701(f)(2) of title 10, as a duty assignment in support of a
contingency operation.
``(b) Definitions.--In this section:
``(1) Spill of national significance.--The term `spill of
national significance' means a discharge of oil or a hazardous
substance that is declared by the Commandant to be a spill of
national significance.
``(2) Discharge.--The term `discharge' has the meaning given
that term in section 1001 of the Oil Pollution Act of 1990 (33
U.S.C. 2701).''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 425 the following:
``426. Emergency leave retention authority.''.
(c) Application.--The amendments made by this section shall be
deemed to have been enacted on April 19, 2010.

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(a) In General.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 99. Enforcement authority
``Subject to guidelines approved by the Secretary, members of the
Coast Guard, in the performance of official duties, may--
``(1) carry a firearm; and
``(2) while at a facility (as defined in section 70101 of title
46)--
``(A) make an arrest without warrant for any offense
against the United States committed in their presence; and
``(B) seize property as otherwise provided by law.''.
(b) Conforming Repeal.--Section 70117 of title 46, United States
Code, and the item relating to such section in the analysis at the
beginning of chapter 701 of such title, are repealed.
(c) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``99. Enforcement authority.''.

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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.

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(a) In General.--Chapter 71 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 7115. Merchant Mariner Medical Advisory Committee
``(a) Establishment.--
``(1) In general.--There is established a Merchant Mariner
Medical Advisory Committee (in this section referred to as the
`Committee').
``(2) Functions.--The Committee shall advise the Secretary on
matters relating to--
``(A) medical certification determinations for issuance of
licences, certificates of registry, and merchant mariners'
documents;
``(B) medical standards and guidelines for the physical
qualifications of operators of commercial vessels;
``(C) medical examiner education; and
``(D) medical research.
``(b) Membership.--
``(1) In general.--The Committee shall consist of 14 members,
none of whom is a Federal employee, and shall include--
``(A) ten who are health-care professionals with particular
expertise, knowledge, or experience regarding the medical
examinations of merchant mariners or occupational medicine; and
``(B) four who are professional mariners with knowledge and
experience in mariner occupational requirements.
``(2) Status of members.--Members of the Committee shall not be
considered Federal employees or otherwise in the service or the
employment of the Federal Government, except that members shall be
considered special Government employees, as defined in section
202(a) of title 18, United States Code, and shall be subject to any
administrative standards of conduct applicable to the employees of
the department in which the Coast Guard is operating.
``(c) Appointments; Terms; Vacancies.--
``(1) Appointments.--The Secretary shall appoint the members of
the Committee, and each member shall serve at the pleasure of the
Secretary.
``(2) Terms.--Each member shall be appointed for a term of five
years, except that, of the members first appointed, three members
shall be appointed for a term of two years.
``(3) Vacancies.--Any member appointed to fill the vacancy
prior to the expiration of the term for which that member's
predecessor was appointed shall be appointed for the remainder of
that term.
``(d) Chairman and Vice Chairman.--The Secretary shall designate
one member of the Committee as the Chairman and one member as the Vice
Chairman. The Vice Chairman shall act as Chairman in the absence or
incapacity of, or in the event of a vacancy in the office of, the
Chairman.
``(e) Compensation; Reimbursement.--Members of the Committee shall
serve without compensation, except that, while engaged in the
performance of duties away from their homes or regular places of
business of the member, the member of the Committee may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5.
``(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.''.

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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.''.

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

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(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''.

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(a) In General.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following new section:
``Sec. 55. District Ombudsmen
``(a) In General.--The Commandant shall appoint in each Coast Guard
District a District Ombudsman to serve as a liaison between ports,
terminal operators, shipowners, and labor representatives and the Coast
Guard.
``(b) Purpose.--The purpose of the District Ombudsman shall be the
following:
``(1) To support the operations of the Coast Guard in each port
in the District for which the District Ombudsman is appointed.
``(2) To improve communications between and among port
stakeholders including, port and terminal operators, ship owners,
labor representatives, and the Coast Guard.
``(3) To seek to resolve disputes between the Coast Guard and
all petitioners regarding requirements imposed or services provided
by the Coast Guard.
``(c) Functions.--
``(1) Complaints.--The District Ombudsman may examine
complaints brought to the attention of the District Ombudsman by a
petitioner operating in a port or by Coast Guard personnel.
``(2) Guidelines for disputes.--
``(A) In general.--The District Ombudsman shall develop
guidelines regarding the types of disputes with respect to
which the District Ombudsman will provide assistance.
``(B) Limitation.--The District Ombudsman shall not provide
assistance with respect to a dispute unless it involves the
impact of Coast Guard requirements on port business and the
flow of commerce.
``(C) Priority.--In providing such assistance, the District
Ombudsman shall give priority to complaints brought by
petitioners who believe they will suffer a significant hardship
as the result of implementing a Coast Guard requirement or
being denied a Coast Guard service.
``(3) Consultation.--The District Ombudsman may consult with
any Coast Guard personnel who can aid in the investigation of a
complaint.
``(4) Access to information.--The District Ombudsman shall have
access to any Coast Guard document, including any record or report,
that will aid the District Ombudsman in obtaining the information
needed to conduct an investigation of a complaint.
``(5) Reports.--At the conclusion of an investigation, the
District Ombudsman shall submit a report on the findings and
recommendations of the District Ombudsman, to the Commander of the
District in which the petitioner who brought the complaint is
located or operating.
``(6) Deadline.--The District Ombudsman shall seek to resolve
each complaint brought in accordance with the guidelines--
``(A) in a timely fashion; and
``(B) not later than 4 months after the complaint is
officially accepted by the District Ombudsman.
``(d) Appointment.--The Commandant shall appoint as the District
Ombudsman an individual who has experience in port and transportation
systems and knowledge of port operations or of maritime commerce (or
both).
``(e) Annual Reports.--The Secretary shall report annually to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the matters brought before the District
Ombudsmen, including--
``(1) the number of matters brought before each District
Ombudsman;
``(2) a brief summary of each such matter; and
``(3) the eventual resolution of each such matter.''.
(b) Clerical Amendment.--The analysis at the beginning of that
chapter is amended by adding at the end the following new item:
``55. District Ombudsmen.''.

d532bb82d55076c1d2be5032fff5dfd4919d0ff6de7ea67860697f98c956fd36

(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.''.

b86fe9349939d6868c6b3da5859feac9700490e54e8ffb92753910e1dffb8ec7

(a) In General.--Chapter 5 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 100. Enforcement of coastwise trade laws
``Officers and members of the Coast Guard are authorized to enforce
chapter 551 of title 46. The Secretary shall establish a program for
these officers and members to enforce that chapter.''.
(b) Clerical Amendment.--The analysis for that chapter is further
amended by adding at the end the following new item:
``100. Enforcement of coastwise trade laws.''.
(c) Report.--The Secretary of the department in which the Coast
Guard is operating shall submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Senate Committee on Commerce, Science, and Transportation within 1
year after the date of enactment of this Act on the enforcement
strategies and enforcement actions taken to enforce the coastwise trade
laws.

640ddf468bfc851919f74c815b0f72ca273abc15b87aefbb7dfbee89a018abc5

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

e6a2b0f40a7269d2d06d78f87ebcdd7b5e3829af0bf00228c572ec71182f511f

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''.

f571d7f609744bc1c7da67c322c5eeff27d9d1781f0f38a4017ecab11a51b748

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

71ff4e09bf0d400f1066d3694fa66327167fa16ee6c3af05fe92c163a30fd54c

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

750c2de20a141a14a531cea258e35605cb9e99fe943a065aa938aa3011a1f2c4

(a) In General.--Chapter 18 of title 14, United States Code, is
amended--
(1) in section 680--
(A) by striking paragraphs (1), (2), and (3) and inserting
the following new paragraphs:
``(1) The term `construct' means to build, renovate, or improve
military family housing and military unaccompanied housing.
``(2) The term `construction' means building, renovating, or
improving military family housing and military unaccompanied
housing.''; and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(2) in section 681(a)--
(A) in the matter preceding paragraph (1), by striking
``exercise any authority or any combination of authorities
provided under this chapter in order to provide for the
acquisition or construction by private persons, including a
small business concern qualified under section 8(a) of the
Small Business Act (15 U.S.C. 637(a)), of the following:'' and
inserting ``acquire or construct the following:'';
(B) in paragraph (1), by striking ``Family housing units''
and inserting ``Military family housing''; and
(C) in paragraph (2), by striking ``Unaccompanied housing
units'' and inserting ``Military unaccompanied housing'';
(3) by repealing sections 682, 683, and 684;
(4) by amending section 685 to read as follows:
``Sec. 685. Conveyance of real property
``(a) Conveyance Authorized.--Notwithstanding any other provision
of law, the Secretary may convey, at fair market value, real property,
owned or under the administrative control of the Coast Guard, for the
purpose of expending the proceeds from such conveyance to acquire and
construct military family housing and military unaccompanied housing.
``(b) Terms and Conditions.--
``(1) The conveyance of real property under this section shall
be by sale, for cash. The Secretary shall deposit the proceeds from
the sale in the Coast Guard Housing Fund established under section
687 of this title, for the purpose of expending such proceeds to
acquire and construct military family housing and military
unaccompanied housing.
``(2) The conveyance of real property under this section shall
not diminish the mission capacity of the Coast Guard, but further
the mission support capability of the Coast Guard with regard to
military family housing or military unaccompanied housing.
``(c) Relationship to Environmental Law.--This section does not
affect or limit the application of or obligation to comply with any
environmental law, including section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)).'';
(5) by repealing section 686;
(6) in section 687--
(A) in subsection (b)--
(i) in paragraph (2), by striking ``or unaccompanied''
and inserting ``or military unaccompanied'';
(ii) in paragraph (3)--
(I) by striking ``or lease'';
(II) by striking ``or facilities''; and
(III) by striking ``military family and'' and
inserting ``military family housing and''; and
(iii) by repealing paragraph (4);
(B) subsection (c), by amending paragraph (1) to read as
follows:(1) In such amounts as provided in appropriations Acts,
and except as provided in subsection (d), the Secretary may use
amounts in the Coast Guard Housing Fund to carry out activities
under this chapter with respect to military family housing and
military unaccompanied housing, including--
``(A) the planning, execution, and administration of the
conveyance of real property;
``(B) all necessary expenses, including expenses for
environmental compliance and restoration, to prepare real
property for conveyance; and
``(C) the conveyance of real property.'';
(C) in subsection (e), by striking ``or (b)(3)''; and
(D) by repealing subsections (f) and (g);
(7) by repealing 687a;
(8) by amending section 688 to read as follows:
``Sec. 688. Reports
``The Secretary shall prepare and submit to Congress, concurrent
with the budget submitted pursuant to section 1105 of title 31, a
report identifying the contracts or agreements for the conveyance of
properties pursuant to this chapter executed during the prior calendar
year.''; and
(9) by repealing section 689.
(b) Savings Clause.--This section shall not affect any action
commenced prior to the date of enactment of this Act.
(c) Clerical Amendment.--The chapter analysis at the beginning of
such chapter is amended--
(1) by striking the items relating to sections 682, 683, 684,
686, 687a, and 689; and
(2) by amending the item relating to section 685 to read as
follows:
``685. Conveyance of real property.''.

edefadfe829a59645ec6e714622305f498f6c2975e62ddb67dce9dbbc06ff72d

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

3e5452d4d2a896feb5cc3e8df712282b3edf9e33d1f445b027028a103e48bc26

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

0ce01e7ce6ca960dbf8730c0c1b954ad2c0215d0d4bbdfbf28d7e3d67d788b5d

(a) Coast Guard Cross.--Chapter 13 of title 14, United States Code,
is amended by inserting after section 491 the following new section:
``Sec. 491a. Coast Guard cross
``The President may award a Coast Guard cross of appropriate
design, with ribbons and appurtenances, to a person who, while serving
in any capacity with the Coast Guard, when the Coast Guard is not
operating under the Department of the Navy, distinguishes himself or
herself by extraordinary heroism not justifying the award of a medal of
honor--
``(1) while engaged in an action against an enemy of the United
States;
``(2) while engaged in military operations involving conflict
with an opposing foreign force or international terrorist
organization; or
``(3) while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the United
States is not a belligerent party.''.
(b) Silver Star Medal.--Such chapter is further amended--
(1) by striking the designation and heading of section 492a and
inserting the following:
``Sec. 492b. Distinguished flying cross'';
and
(2) by inserting after section 492 the following new section:
``Sec. 492a. Silver star medal
``The President may award a silver star medal of appropriate
design, with ribbons and appurtenances, to a person who, while serving
in any capacity with the Coast Guard, when the Coast Guard is not
operating under the Department of the Navy, is cited for gallantry in
action that does not warrant a medal of honor or Coast Guard cross--
``(1) while engaged in an action against an enemy of the United
States;
``(2) while engaged in military operations involving conflict
with an opposing foreign force or international terrorist
organization; or
``(3) while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the United
States is not a belligerent party.''.
(c) Conforming Amendments.--Such chapter is further amended--
(1) in section 494, by striking ``distinguished service medal,
distinguished flying cross,'' and inserting ``Coast Guard cross,
distinguished service medal, silver star medal, distinguished
flying cross,'' in both places it appears;
(2) in section 496--
(A) in the matter preceding paragraph (1) of subsection
(a), by striking ``distinguished service medal, distinguished
flying cross,'' and inserting ``Coast Guard cross,
distinguished service medal, silver star medal, distinguished
flying cross,''; and
(B) in subsection (b)(2), by striking ``distinguished
service medal, distinguished flying cross,'' and inserting
``Coast Guard cross, distinguished service medal, silver star
medal, distinguished flying cross,''; and
(3) in section 497, by striking ``distinguished service medal,
distinguished flying cross,'' and inserting ``Coast Guard cross,
distinguished service medal, silver star medal, distinguished
flying cross,''.
(d) Clerical Amendments.--The analysis at the beginning of such
chapter is amended--
(1) by inserting after the item relating to section 491 the
following new item:
``491a. Coast Guard cross.''.
(2) by striking the item relating to section 492a and inserting
the following new items:
``492a. Silver star medal.
``492b. Distinguished flying cross.''.

91308f6d1987947539cb301fdbffbde95b7117d3a3265a29259851d599939ac3

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.''.

30e6c3bab7825a9511c36f1e4d6635e52e5cbbf6c045ef4c188143db7bfa731b

TITLE III

-SHIPPING AND NAVIGATION

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

39267535d2c8bfb86345915002793bace4da9d184ad4fe17b74d1a0de964e950

(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.''.

c02fe8b82f779ad5e5e915deae6c7fe524840fc9a36b544c4ee26a9899506b50

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

73496354242b63dbe5568c213fdf075e73bf4cd0e49344d4af157694dd75732f

(a) Study.--The Commandant of the Coast Guard, in conjunction with
the Administrator of the Environmental Protection Agency, shall conduct
a study--
(1) that surveys new technology and new applications of
existing technology for reducing air emissions from cargo or
passenger vessels that operate in United States waters and ports;
and
(2) that identifies the impediments, including any laws or
regulations, to demonstrating the technology identified in
paragraph (1).
(b) Report.--Within 180 days after the date of enactment of this
Act, the Commandant shall submit a report on the results of the study
conducted under subsection (a) to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Environment and Public Works of the
Senate.

dac3e624cee7efad073e4148275e335ff88f7ad3785a6cce3d8a3fc684e5d36c

(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.

32e3a0fcf8dd3a2be6edc0982d8fa60f6f5b59946b6efc18ab99c5b326c0f73c

(a) Purpose.--The purpose of this section is to ensure safe and
secure maritime shipping in the Arctic including the availability of
aids to navigation, vessel escorts, spill response capability, and
maritime search and rescue in the Arctic.
(b) International Maritime Organization Agreements.--To carry out
the purpose of this section, the Secretary of the department in which
the Coast Guard is operating is encouraged to enter into negotiations
through the International Maritime Organization to conclude and execute
agreements to promote coordinated action among the United States,
Russia, Canada, Iceland, Norway, and Denmark and other seafaring and
Arctic nations to ensure, in the Arctic--
(1) placement and maintenance of aids to navigation;
(2) appropriate marine safety, tug, and salvage capabilities;
(3) oil spill prevention and response capability;
(4) maritime domain awareness, including long-range vessel
tracking; and
(5) search and rescue.
(c) Coordination by Committee on the Maritime Transportation
System.--The Committee on the Maritime Transportation System
established under a directive of the President in the Ocean Action
Plan, issued December 17, 2004, shall coordinate the establishment of
domestic transportation policies in the Arctic necessary to carry out
the purpose of this section.
(d) Agreements and Contracts.--The Secretary of the department in
which the Coast Guard is operating may, subject to the availability of
appropriations, enter into cooperative agreements, contracts, or other
agreements with, or make grants to individuals and governments to carry
out the purpose of this section or any agreements established under
subsection (b).
(e) Icebreaking.--The Secretary of the department in which the
Coast Guard is operating shall promote safe maritime navigation by
means of icebreaking where necessary, feasible, and effective to carry
out the purposes of this section.
(f) Independent Ice Breaker Analyses.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall require a nongovernmental,
independent third party (other than the National Academy of
Sciences) that has extensive experience in the analysis of military
procurements, to--
(A) conduct a comparative cost-benefit analysis, taking
into account future Coast Guard budget projections (which
assume Coast Guard budget growth of no more than inflation) and
other recapitalization needs, of--
(i) rebuilding, renovating, or improving the existing
fleet of polar icebreakers for operation by the Coast
Guard;
(ii) constructing new polar icebreakers for operation
by the Coast Guard;
(iii) construction of new polar icebreakers by the
National Science Foundation for operation by the
Foundation;
(iv) rebuilding, renovating, or improving the existing
fleet of polar icebreakers by the National Science
Foundation for operation by the Foundation; and
(v) any combination of the activities described in
clause (i), (ii), (iii), or (iv) to carry out the missions
of the Coast Guard and the National Science Foundation; and
(B) conduct a comprehensive analysis of the impact on all
Coast Guard activities, including operations, maintenance,
procurements, and end strength, of the acquisition of polar
icebreakers described in subparagraph (A) by the Coast Guard or
the National Science Foundation assuming that total Coast Guard
funding will not increase more than the annual rate of
inflation.
(2) Report.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the department in which the Coast
Guard is operating shall submit a report containing the results of
the analyses required under paragraph (1), together with
recommendations the Commandant considers appropriate under section
93(a)(24) of title 14, United States Code, to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(g) High-Latitude Study.--Not later than 90 days after the date of
enactment of this Act or the date of completion of the ongoing High-
Latitude Study to assess polar icebreaking mission requirements for all
Coast Guard missions including search and rescue, marine pollution
response and prevention, fisheries enforcement, and maritime commerce,
whichever occurs later, the Commandant of the Coast Guard shall submit
a report containing the results of the study, together with
recommendations the Commandant considers appropriate under section
93(a)(24) of title 14, United States Code, to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives.
(h) Arctic Definition.--In this section the term ``Arctic'' has the
same meaning as in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).

1c32eb206583ec05b9a4a82c80e93909386cc613cb3a2066d1e439ecb7cdd24a

(a) In General.--Chapter 3 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 56. Chief Acquisition Officer
``(a) In General.--There shall be in the Coast Guard a Chief
Acquisition Officer selected by the Commandant who shall be a Rear
Admiral or civilian from the Senior Executive Service (career reserved)
and who meets the qualifications set forth under subsection (b). The
Chief Acquisition Officer shall serve at the Assistant Commandant level
and have acquisition management as that individual's primary duty.
``(b) Qualifications.--
``(1) The Chief Acquisition Officer and any flag officer
serving in the Acquisition Directorate shall be an acquisition
professional with a Level III acquisition management certification
and must have at least 10 years experience in an acquisition
position, of which at least 4 years were spent as--
``(A) the program executive officer;
``(B) the program manager of a Level 1 or Level 2
acquisition project or program;
``(C) the deputy program manager of a Level 1 or Level 2
acquisition;
``(D) the project manager of a Level 1 or Level 2
acquisition; or
``(E) any other acquisition position of significant
responsibility in which the primary duties are supervisory or
management duties.
``(2) The Commandant shall periodically publish a list of the
positions designated under paragraph (1).
``(3) In this subsection each of the terms `Level 1
acquisition' and `Level 2 acquisition' has the meaning that term
has in chapter 15 of this title.
``(c) Functions of the Chief Acquisition Officer.--The functions of
the Chief Acquisition Officer include--
``(1) monitoring the performance of acquisition projects and
programs on the basis of applicable performance measurements and
advising the Commandant, through the chain of command, regarding
the appropriate business strategy to achieve the missions of the
Coast Guard;
``(2) maximizing the use of full and open competition at the
prime contract and subcontract levels in the acquisition of
property, capabilities, assets, and services by the Coast Guard by
establishing policies, procedures, and practices that ensure that
the Coast Guard receives a sufficient number of sealed bids or
competitive proposals from responsible sources to fulfill the
Government's requirements, including performance and delivery
schedules, at the lowest cost or best value considering the nature
of the property, capability, asset, or service procured;
``(3) making acquisition decisions in concurrence with the
technical authority, or technical authorities, of the Coast Guard,
as designated by the Commandant, consistent with all other
applicable laws and decisions establishing procedures within the
Coast Guard;
``(4) ensuring the use of detailed performance specifications
in instances in which performance-based contracting is used;
``(5) managing the direction of acquisition policy for the
Coast Guard, including implementation of the unique acquisition
policies, regulations, and standards of the Coast Guard;
``(6) developing and maintaining an acquisition career
management program in the Coast Guard to ensure that there is an
adequate acquisition workforce;
``(7) assessing the requirements established for Coast Guard
personnel regarding knowledge and skill in acquisition resources
and management and the adequacy of such requirements for
facilitating the achievement of the performance goals established
for acquisition management;
``(8) developing strategies and specific plans for hiring,
training, and professional development; and
``(9) reporting to the Commandant, through the chain of
command, on the progress made in improving acquisition management
capability.''.
(b) Clerical Amendment.--The table of contents for chapter 3 of
title 14, United States Code, is amended by adding at the end the
following:
``56. Chief Acquisition Officer.''.
(c) Selection Deadline.--As soon as practicable after the date of
enactment of this Act, but no later than October 1, 2011, the
Commandant of the Coast Guard shall select a Chief Acquisition Officer
under section 56 of title 14, United States Code, as amended by this
section.
(d) Special Rate Supplements.--
(1) Requirement to establish.--Not later than 1 year after the
date of enactment of this Act and in accordance with part 9701.333
of title 5, Code of Federal Regulations, the Commandant of the
Coast Guard shall establish special rate supplements that provide
higher pay levels for employees necessary to carry out the
amendment made by this section.
(2) Subject to appropriations.--The requirement under paragraph
(1) is subject to the availability of appropriations.
(e) Elevation of Disputes to the Chief Acquisition Officer.--If,
after 90 days following the elevation to the Chief Acquisition Officer
of any design or other dispute regarding Level 1 or Level 2
acquisition, the dispute remains unresolved, the Commandant shall
provide to the appropriate congressional committees a detailed
description of the issue and the rationale underlying the decision
taken by the Chief Acquisition Officer to resolve the issue.

c9ef9c3c73dbef017919cd63d0cf3365ab77a6d5c2fa2dc997e00c690a9bca8f

TITLE IV

-ACQUISITION REFORM

d31de5a4328de76b81752d9faf14fe584b54209c3621eb9789681cc5ff06cd30

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

707cf0d2bc76a9b0309324a0d290e5de5ef8f79c724c5aaed5e1e5803132e67e

(a) In General.--For purposes of sections 3304, 5333, and 5753 of
title 5, United States Code, the Commandant of the Coast Guard may--
(1) designate any category of acquisition positions within the
Coast Guard as shortage category positions; and
(2) use the authorities in such sections to recruit and appoint
highly qualified persons directly to positions so designated.
(b) Limitation.--The Commandant may not appoint a person to a
position of employment under this paragraph after September 30, 2012.
(c) Reports.--The Commandant shall include in reports under section
562(d) of title 14, United States Code, as added by this title,
information described in that section regarding positions designated
under this section.

766faa726b7747ba165788dd547d622cc3fb58a51f29e1a7996a0714b8403c1e

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

6491e3256baefc40b715a7cf1d45eb78bec7478c2e4be5bf026c3916991927e5

(a) Vice Admirals.--Section 50 of such title is amended to read as
follows:
``Sec. 50. Vice admirals
``(a)(1) The President may designate no more than 4 positions of
importance and responsibility that shall be held by officers who--
``(A) while so serving, shall have the grade of vice
admiral, with the pay and allowances of that grade; and
``(B) shall perform such duties as the Commandant may
prescribe.
``(2) The President may appoint, by and with the advice and consent
of the Senate, and reappoint, by and with the advice and consent of the
Senate, to any such position an officer of the Coast Guard who is
serving on active duty above the grade of captain. The Commandant shall
make recommendations for such appointments.
``(3) (A) Except as provided in subparagraph (B), one of the vice
admirals designated under paragraph (1) must have at least 10 years
experience in vessel inspection, marine casualty investigations,
mariner licensing, or an equivalent technical expertise in the design
and construction of commercial vessels, with at least 4 years of
leadership experience at a staff or unit carrying out marine safety
functions and shall serve as the principal advisor to the Commandant on
these issues.
``(B) The requirements of subparagraph (A) do not apply to such
vice admiral if the subordinate officer serving in the grade of rear
admiral with responsibilities for marine safety, security, and
stewrdship possesses that experience.
``(b)(1) The appointment and the grade of vice admiral shall be
effective on the date the officer assumes that duty and, except as
provided in paragraph (2) of this subsection or in section 51(d) of
this title, shall terminate on the date the officer is detached from
that duty.
``(2) An officer who is appointed to a position designated under
subsection (a) shall continue to hold the grade of vice admiral--
``(A) while under orders transferring the officer to another
position designated under subsection (a), beginning on the date the
officer is detached from that duty and terminating on the date
before the day the officer assumes the subsequent duty, but not for
more than 60 days;
``(B) while hospitalized, beginning on the day of the
hospitalization and ending on the day the officer is discharged
from the hospital, but not for more than 180 days; and
``(C) while awaiting retirement, beginning on the date the
officer is detached from duty and ending on the day before the
officer's retirement, but not for more than 60 days.
``(c)(1) An appointment of an officer under subsection (a) does not
vacate the permanent grade held by the officer.
``(2) An officer serving in a grade above rear admiral who holds
the permanent grade of rear admiral (lower half) shall be considered
for promotion to the permanent grade of rear admiral as if the officer
was serving in the officer's permanent grade.
``(d) Whenever a vacancy occurs in a position designated under
subsection (a), the Commandant shall inform the President of the
qualifications needed by an officer serving in that position or office
to carry out effectively the duties and responsibilities of that
position or office.''.
(b) Repeal.--Section 50a of such title is repealed.
(c) Conforming Amendments.--Section 51 of such title is amended--
(1) by striking subsections (a), (b), and (c) and inserting the
following:
``(a) An officer, other than the Commandant, who, while serving in
the grade of vice admiral, is retired for physical disability shall be
placed on the retired list with the highest grade in which that officer
served.
``(b) An officer, other than the Commandant, who is retired while
serving in the grade of vice admiral, or who, after serving at least
2\1/2\ years in the grade of vice admiral, is retired while serving in
a lower grade, may in the discretion of the President, be retired with
the highest grade in which that officer served.
``(c) An officer, other than the Commandant, who, after serving
less than 2\1/2\ years in the grade of vice admiral, is retired while
serving in a lower grade, shall be retired in his permanent grade.'';
and
(2) by striking ``Area Commander, or Chief of Staff'' in
subsection (d)(2) and inserting ``or Vice Admiral''.
(d) Continuity of Grade.--Section 52 of title 14, United States
Code, is amended by inserting ``or admiral'' after ``vice admiral'' the
first place it appears.
(e) Continuation on Active Duty.--The second sentence of section
290(a) of title 14, United States Code, is amended to read as follows:
``Officers, other than the Commandant, serving for the time being or
who have served in the grade of vice admiral are not subject to
consideration for continuation under this subsection, and as to all
other provisions of this section shall be considered as having been
continued at the grade of rear admiral.''.
(f) Clerical Amendments.--
(1) The section caption for section 47 of such title is amended
to read as follows:
``Sec. 47. Vice commandant; appointment''.
(2) The section caption for section 52 of title 14, United
States Code, is amended to read as follows:
``Sec. 52. Vice admirals and admiral, continuity of grade''.
(3) The table of contents for chapter 3 of such title is
amended--
(A) by striking the item relating to section 47 and
inserting the following:
``47. Vice Commandant; appointment.'';
(B) by striking the item relating to section 50a;
(C) by striking the item relating to section 50 and
inserting the following:
``50. Vice admirals.''; and
(D) by striking the item relating to section 52 and
inserting the following:
``52. Vice admirals and admiral, continuity of grade.''.
(g) Technical Correction.--Section 47 of such title is further
amended by striking ``subsection'' in the fifth sentence and inserting
``section''.
(h) Treatment of Incumbents; Transition.--
(1) Notwithstanding any other provision of law, an officer who,
on the date of enactment of this Act, is serving as Chief of Staff,
Commander, Atlantic Area, or Commander, Pacific Area--
(A) shall continue to have the grade of vice admiral with
pay and allowance of that grade until such time that the
officer is relieved of his duties and appointed and confirmed
to another position as a vice admiral or admiral; or
(B) for the purposes of transition, may continue at the
grade of vice admiral with pay and allowance of that grade, for
not more than 1 year after the date of enactment of this Act,
to perform the duties of the officer's former position and any
other such duties that the Commandant prescribes.
Subtitle B--Workforce Expertise

1ea8f84d7ab3b7949f71a22fea24332e685a9e6484621a2132ef7c846b7c0aaf

(a) In General.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following new sections:
``Sec. 57. Prevention and response workforces
``(a) Career Paths.--The Secretary, acting through the Commandant,
shall ensure that appropriate career paths for civilian and military
Coast Guard personnel who wish to pursue career paths in prevention or
response positions are identified in terms of the education, training,
experience, and assignments necessary for career progression of
civilians and members of the Armed Forces to the most senior prevention
or response positions, as appropriate. The Secretary shall make
available published information on such career paths.
``(b) Qualifications for Certain Assignments.--An officer, member,
or civilian employee of the Coast Guard assigned as a--
``(1) marine inspector shall have the training, experience, and
qualifications equivalent to that required for a similar position
at a classification society recognized by the Secretary under
section 3316 of title 46 for the type of vessel, system, or
equipment that is inspected;
``(2) marine casualty investigator shall have the training,
experience, and qualifications in investigation, marine casualty
reconstruction, evidence collection and preservation, human
factors, and documentation using best investigation practices by
Federal and non-Federal entities; or
``(3) marine safety engineer shall have knowledge, skill, and
practical experience in--
``(A) the construction and operation of commercial vessels;
``(B) judging the character, strength, stability, and
safety qualities of such vessels and their equipment; or
``(C) the qualifications and training of vessel personnel.
``(c) Apprenticeship Requirement To Qualify for Certain Careers.--
The Commandant may require an officer, member, or employee of the Coast
Guard in training for a specialized prevention or response career path
to serve an apprenticeship under the guidance of a qualified
individual. However, an individual in training to become a marine
inspector, marine casualty investigator, or marine safety engineer
shall serve a minimum of one-year as an apprentice unless the
Commandant authorizes a shorter period for certain qualifications.
``(d) Management Information System.--The Secretary, acting through
the Commandant, shall establish a management information system for the
prevention and response workforces that shall provide, at a minimum,
the following standardized information on persons serving in those
workforces:
``(1) Qualifications, assignment history, and tenure in
assignments.
``(2) Promotion rates for military and civilian personnel.
``(e) Assessment of Adequacy of Marine Safety Workforce.--
``(1) Report.--The Secretary, acting through the Commandant,
shall report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate by December 1 of each
year on the adequacy of the current marine safety workforce to meet
that anticipated workload.
``(2) Contents.--The report shall specify the number of
civilian and military Coast Guard personnel currently assigned to
marine safety positions and shall identify positions that are
understaffed to meet the anticipated marine safety workload.
``(f) Sector Chief of Prevention.--There shall be in each Coast
Guard sector a Chief of Prevention who shall be at least a Lieutenant
Commander or civilian employee within the grade GS-13 of the General
Schedule, and who shall be a--
``(1) marine inspector, qualified to inspect vessels, vessel
systems, and equipment commonly found in the sector; and
``(2) qualified marine casualty investigator or marine safety
engineer.
``(g) Signatories of Letter of Qualification for Certain Prevention
Personnel.--Each individual signing a letter of qualification for
marine safety personnel must hold a letter of qualification for the
type being certified.
``(h) Sector Chief of Response.--There shall be in each Coast Guard
sector a Chief of Response who shall be at least a Lieutenant Commander
or civilian employee within the grade GS-13 of the General Schedule in
each Coast Guard sector.
``Sec. 58. Centers of expertise for Coast Guard prevention and response
``(a) Establishment.--The Commandant of the Coast Guard may
establish and operate one or more centers of expertise for prevention
and response missions of the Coast Guard (in this section referred to
as a `center').
``(b) Missions.--Each center shall--
``(1) promote and facilitate education, training, and research;
``(2) develop a repository of information on its missions and
specialties; and
``(3) perform any other missions as the Commandant may specify.
``(c) Joint Operation With Educational Institution Authorized.--The
Commandant may enter into an agreement with an appropriate official of
an institution of higher education to--
``(1) provide for joint operation of a center; and
``(2) provide necessary administrative services for a center,
including administration and allocation of funds.
``(d) Acceptance of Donations.--
``(1) Except as provided in paragraph (2), the Commandant may
accept, on behalf of a center, donations to be used to defray the
costs of the center or to enhance the operation of the center.
Those donations may be accepted from any State or local government,
any foreign government, any foundation or other charitable
organization (including any that is organized or operates under the
laws of a foreign country), or any individual.
``(2) The Commandant may not accept a donation under paragraph
(1) if the acceptance of the donation would compromise or appear to
compromise--
``(A) the ability of the Coast Guard or the department in
which the Coast Guard is operating, any employee of the Coast
Guard or the department, or any member of the Armed Forces to
carry out any responsibility or duty in a fair and objective
manner; or
``(B) the integrity of any program of the Coast Guard, the
department in which the Coast Guard is operating, or of any
person involved in such a program.
``(3) The Commandant shall prescribe written guidance setting
forth the criteria to be used in determining whether or not the
acceptance of a donation from a foreign source would have a result
described in paragraph (2).
``Sec. 59. Marine industry training program
``(a) In General.--The Commandant shall, by policy, establish a
program under which an officer, member, or employee of the Coast Guard
may be assigned to a private entity to further the institutional
interests of the Coast Guard with regard to marine safety, including
for the purpose of providing training to an officer, member, or
employee. Policies to carry out the program--
``(1) with regard to an employee of the Coast Guard, shall
include provisions, consistent with sections 3702 through 3704 of
title 5, as to matters concerning--
``(A) the duration and termination of assignments;
``(B) reimbursements; and
``(C) status, entitlements, benefits, and obligations of
program participants; and
``(2) shall require the Commandant, before approving the
assignment of an officer, member, or employee of the Coast Guard to
a private entity, to determine that the assignment is an effective
use of the Coast Guard's funds, taking into account the best
interests of the Coast Guard and the costs and benefits of
alternative methods of achieving the same results and objectives.
``(b) Annual Report.--Not later than the date of the submission
each year of the President's budget request under section 1105 of title
31, the Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
describes--
``(1) the number of officers, members, and employees of the
Coast Guard assigned to private entities under this section; and
``(2) the specific benefit that accrues to the Coast Guard for
each assignment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by adding at the end the following new
items:
``57. Prevention and response workforces.
``58. Centers of expertise for Coast Guard prevention and response.
``59. Marine industry training programs.''.

3d3969e9549665a637139bc89c52488b42f4385acdce7a4d6a18b7df6da48794

(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 shall assess the progress
of the Coast Guard toward achieving the goals set forth in
subsection (b). The Commandant shall convey the Commandant's
assessment to the employees of the marine safety workforce and
shall identify any deficiencies that should be remedied before the
next progress assessment.
``(2) Report to congress.--The Secretary shall report annually
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
``(A) on the performance of the marine safety program in
achieving the goals of the marine safety strategy and annual
plan under subsection (a) for the year covered by the report;
``(B) on the program's mission performance in achieving
numerical measurable goals established under subsection (b);
and
``(C) recommendations on how to improve performance of the
program.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following new item:
``2116. Marine safety strategy, goals, and performance assessments.''.
(c) Certificates of Inspection.--Section 3309 of title 46, United
States Code, is amended by adding at the end the following:
``(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.''.

7eb8a703058bed7f7611d2fdb1ce953893726849eea86531b408cdf64b608023

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

704190020032d8ad4ac114ef71c5b7462aa2fd8d41a89dd59446ca082e4dd3ee

(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.''.

7ca9708ddc90546d6ed4924e3a2f3b8087b9609cfa51ccc98aceb63872a69259

(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.''.

3856a6eedd82fbe1fafd471a091b7e3919354b9447979ff27df9cefe0832673e

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

1ebc9c60a316f4b698fd9d21f7b4f4bd04ace6ca125fb50ab83a120760a61791

This title may be cited as the ``Maritime Safety Act of 2010''.

cd721fc0bca414ad1f2c07cd29f0e7954120eb7af2f33db915b4bd6497f6eb82

(a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title
46, United States Code, is amended--
(1) by inserting ``and'' after the semicolon at the end of
subparagraph (A)(i);
(2) by striking ``and'' at the end of subparagraph (A)(ii);
(3) by striking subparagraph (A)(iii);
(4) by striking the period at the end of subparagraph (B) and
inserting a semicolon; and
(5) by inserting at the end the following:
``(C) the vessel is either a rebuilt vessel or a
replacement vessel under section 208(g) of the American
Fisheries Act (title II of division C of Public Law 105-277;
112 Stat. 2681-627) and is eligible for a fishery endorsement
under this section; or
``(D) the vessel is a fish tender vessel that is not
engaged in the harvesting or processing of fish.''.
(b) Conforming Amendments.--
(1) Vessel rebuilding and replacement.--Section 208(g) of the
American Fisheries Act (title II of division C of Public Law 105-
277; 112 Stat. 2681-627) is amended to read as follows:
``(g) Vessel Rebuilding and Replacement.--
``(1) In general.--
``(A) Rebuild or replace.--Notwithstanding any limitation
to the contrary on replacing, rebuilding, or lengthening
vessels or transferring permits or licenses to a replacement
vessel contained in sections 679.2 and 679.4 of title 50, Code
of Federal Regulations, as in effect on the date of enactment
of the Coast Guard Authorization Act of 2010 and except as
provided in paragraph (4), the owner of a vessel eligible under
subsection (a), (b), (c), (d), or (e), in order to improve
vessel safety and operational efficiencies (including fuel
efficiency), may rebuild or replace that vessel (including fuel
efficiency) with a vessel documented with a fishery endorsement
under section 12113 of title 46, United States Code.
``(B) Same requirements.--The rebuilt or replacement vessel
shall be eligible in the same manner and subject to the same
restrictions and limitations under such subsection as the
vessel being rebuilt or replaced.
``(C) Transfer of permits and licenses.--Each fishing
permit and license held by the owner of a vessel or vessels to
be rebuilt or replaced under subparagraph (A) shall be
transferred to the rebuilt or replacement vessel or its owner,
as necessary to permit such rebuilt or replacement vessel to
operate in the same manner as the vessel prior to the
rebuilding or the vessel it replaced, respectively.
``(2) Recommendations of north pacific fishery management
council.--The North Pacific Fishery Management Council may
recommend for approval by the Secretary such conservation and
management measures, including size limits and measures to control
fishing capacity, in accordance with the Magnuson-Stevens Act as it
considers necessary to ensure that this subsection does not
diminish the effectiveness of fishery management plans of the
Bering Sea and Aleutian Islands Management Area or the Gulf of
Alaska.
``(3) Special rule for replacement of certain vessels.--
``(A) In general.--Notwithstanding the requirements of
subsections (b)(2), (c)(1), and (c)(2) of section 12113 of
title 46, United States Code, a vessel that is eligible under
subsection (a), (b), (c), or (e) and that qualifies to be
documented with a fishery endorsement pursuant to section
213(g) may be replaced with a replacement vessel under
paragraph (1) if the vessel that is replaced is validly
documented with a fishery endorsement pursuant to section
213(g) before the replacement vessel is documented with a
fishery endorsement under section 12113 of title 46, United
States Code.
``(B) Applicability.--A replacement vessel under
subparagraph (A) and its owner and mortgagee are subject to the
same limitations under section 213(g) that are applicable to
the vessel that has been replaced and its owner and mortgagee.
``(4) Special rules for certain catcher vessels.--
``(A) In general.--A replacement for a covered vessel
described in subparagraph (B) is prohibited from harvesting
fish in any fishery (except for the Pacific whiting fishery)
managed under the authority of any Regional Fishery Management
Council (other than the North Pacific Fishery Management
Council) established under section 302(a) of the Magnuson-
Stevens Act.
``(B) Covered vessels.--A covered vessel referred to in
subparagraph (A) is--
``(i) a vessel eligible under subsection (a), (b), or
(c) that is replaced under paragraph (1); or
``(ii) a vessel eligible under subsection (a), (b), or
(c) that is rebuilt to increase its registered length,
gross tonnage, or shaft horsepower.
``(5) Limitation on fishery endorsements.--Any vessel that is
replaced under this subsection shall thereafter not be eligible for
a fishery endorsement under section 12113 of title 46, United
States Code, unless that vessel is also a replacement vessel
described in paragraph (1).
``(6) Gulf of alaska limitation.--Notwithstanding paragraph
(1), the Secretary shall prohibit from participation in the
groundfish fisheries of the Gulf of Alaska any vessel that is
rebuilt or replaced under this subsection and that exceeds the
maximum length overall specified on the license that authorizes
fishing for groundfish pursuant to the license limitation program
under part 679 of title 50, Code of Federal Regulations, as in
effect on the date of enactment of the Coast Guard Authorization
Act of 2010.
``(7) Authority of pacific council.--Nothing in this section
shall be construed to diminish or otherwise affect the authority of
the Pacific Council to recommend to the Secretary conservation and
management measures to protect fisheries under its jurisdiction
(including the Pacific whiting fishery) and participants in such
fisheries from adverse impacts caused by this Act.''.
(2) Repeal of exemption of certain vessels.--Section 203(g) of
the American Fisheries Act (title II of division C of Public Law
105-277; 112 Stat. 2681-620) is repealed.
(3) Fishery cooperative exit provisions.--Section 210(b) of the
American Fisheries Act (title II of division C of Public Law 105-
277; 112 Stat. 2681-629) is amended--
(A) by moving the matter beginning with ``the Secretary
shall'' in paragraph (1) 2 ems to the right; and
(B) by adding at the end the following:
``(7) Fishery cooperative exit provisions.--
``(A) Fishing allowance determination.--For purposes of
determining the aggregate percentage of directed fishing
allowances under paragraph (1), when a catcher vessel is
removed from the directed pollock fishery, the fishery
allowance for pollock for the vessel being removed--
``(i) shall be based on the catch history determination
for the vessel made pursuant to section 679.62 of title 50,
Code of Federal Regulations, as in effect on the date of
enactment of the Coast Guard Authorization Act of 2010; and
``(ii) shall be assigned, for all purposes under this
title, in the manner specified by the owner of the vessel
being removed to any other catcher vessel or among other
catcher vessels participating in the fishery cooperative if
such vessel or vessels remain in the fishery cooperative
for at least one year after the date on which the vessel
being removed leaves the directed pollock fishery.
``(B) Eligibility for fishery endorsement.--Except as
provided in subparagraph (C), a vessel that is removed pursuant
to this paragraph shall be permanently ineligible for a fishery
endorsement, and any claim (including relating to catch
history) associated with such vessel that could qualify any
owner of such vessel for any permit to participate in any
fishery within the exclusive economic zone of the United States
shall be extinguished, unless such removed vessel is thereafter
designated to replace a vessel to be removed pursuant to this
paragraph.
``(C) Limitations on statutory construction.--Nothing in
this paragraph shall be construed--
``(i) to make the vessels AJ (United States official
number 905625), DONA MARTITA (United States official number
651751), NORDIC EXPLORER (United States official number
678234), and PROVIDIAN (United States official number
1062183) ineligible for a fishery endorsement or any permit
necessary to participate in any fishery under the authority
of the New England Fishery Management Council or the Mid-
Atlantic Fishery Management Council established,
respectively, under subparagraphs (A) and (B) of section
302(a)(1) of the Magnuson-Stevens Act; or
``(ii) to allow the vessels referred to in clause (i)
to participate in any fishery under the authority of the
Councils referred to in clause (i) in any manner that is
not consistent with the fishery management plan for the
fishery developed by the Councils under section 303 of the
Magnuson-Stevens Act.''.

127c85124087bf5bb377aa3ca64d6970fb9895c0b1b50898f067def671737354

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

ca7a9c109ab1af97560b9cf4bfad7c7a78d21251f1265f5808bd86844496bed2

(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 establish for recreational vessels
under section 4302, if--
``(1) subsection (b) of this section applies to the vessel;
``(2) the vessel is less than 50 feet overall in length; and
``(3) the vessel is built after January 1, 2010.
``(i)(1) The Secretary shall establish a Fishing Safety Training
Grants Program to provide funding to municipalities, port authorities,
other appropriate public entities, not-for-profit organizations, and
other qualified persons that provide commercial fishing safety
training--
``(A) to conduct fishing vessel safety training for vessel
operators and crewmembers that--
``(i) in the case of vessel operators, meets the
requirements of subsection (g); and
``(ii) in the case of crewmembers, meets the requirements
of subsection (g)(2)(A), such requirements of subsection
(g)(2)(B) as are appropriate for crewmembers, and the
requirements of subsections (g)(2)(D), (g)(3), and (g)(4); and
``(B) for purchase of safety equipment and training aids for
use in those fishing vessel safety training programs.
``(2) The Secretary shall award grants under this subsection on a
competitive basis.
``(3) The Federal share of the cost of any activity carried out
with a grant under this subsection shall not exceed 75 percent.
``(4) There is authorized to be appropriated $3,000,000 for each of
fiscal years 2010 through 2014 for grants under this subsection.
``(j)(1) The Secretary shall establish a Fishing Safety Research
Grant Program to provide funding to individuals in academia, members of
non-profit organizations and businesses involved in fishing and
maritime matters, and other persons with expertise in fishing safety,
to conduct research on methods of improving the safety of the
commercial fishing industry, including vessel design, emergency and
survival equipment, enhancement of vessel monitoring systems,
communications devices, de-icing technology, and severe weather
detection.
``(2) The Secretary shall award grants under this subsection on a
competitive basis.
``(3) The Federal share of the cost of any activity carried out
with a grant under this subsection shall not exceed 75 percent.
``(4) There is authorized to be appropriated $3,000,000 for each
fiscal years 2010 through 2014 for activities under this subsection.''.
(b) Conforming Amendment.--Section 4506(b) of title 46, United
States Code, is repealed.
(c) Advisory Committee.--
(1) Change of name.--Section 4508 of title 46, United States
Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 4508. Commercial Fishing Safety Advisory Committee'';
and
(B) in subsection (a) by striking ``Industry Vessel''.
(2) Membership requirements.--Section 4508(b)(1) of that title
is amended--
(A) by striking ``seventeen'' and inserting ``eighteen'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``from the commercial fishing industry who--'' and
inserting ``who shall represent the commercial fishing
industry and who--''; and
(ii) in clause (ii), by striking ``an uninspected'' and
inserting ``a'';
(C) by striking subparagraph (B) and inserting the
following:
``(B) three members who shall represent the general public,
including, whenever possible--
``(i) an independent expert or consultant in maritime
safety;
``(ii) a marine surveyor who provides services to vessels
to which this chapter applies; and
``(iii) a person familiar with issues affecting fishing
communities and families of fishermen;''; and
(D) in subparagraph (C)--
(i) in the matter preceding clause (i), by striking
``representing each of--''
and inserting ``each of whom shall represent--'';
(ii) in clause (i), by striking ``or marine
surveyors;'' and inserting ``and marine engineers;'';
(iii) in clause (iii), by striking ``and'' after the
semicolon at the end;
(iv) in clause (iv), by striking the period at the end
and inserting ``; and''; and
(v) by adding at the end the following new clause:
``(v) owners of vessels to which this chapter applies.''.
(3) Termination.--Section 4508(e)(1) of that title is amended
by striking ``September 30, 2010.'' and inserting ``September 30,
2020.''.
(4) Clerical amendment.--The table of sections at the beginning
of chapter 45 of title 46, United States Code, is amended by
striking the item relating to such section and inserting the
following:
``4508. Commercial Fishing Safety Advisory Committee.''.
(d) Loadlines for Vessels 79 Feet or Greater in Length.--
(1) Limitation on exemption for fishing vessels.--Section
5102(b)(3) of title 46, United States Code, is amended by inserting
after ``vessel'' the following ``, unless the vessel is built after
July 1, 2012''.
(2) Alternate program for certain fishing vessels.--Section
5103 of title 46, United States Code, is amended by adding at the
end the following:
``(c) A fishing vessel built on or before July 1, 2012, that
undergoes a substantial change to the dimension of or type of the
vessel completed after the later of July 1, 2012, or the date the
Secretary establishes standards for an alternate loadline compliance
program, shall comply with such an alternative loadline compliance
program that is developed in cooperation with the commercial fishing
industry and prescribed by the Secretary.''.
(e) Classing of Vessels.--
(1) In general.--Section 4503 of title 46, United States Code,
is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 4503. Fishing, fish tender, and fish processing vessel
certification'';
(B) in subsection (a) by striking ``fish processing''; and
(C) by adding at the end the following:
``(c) This section applies to a vessel to which section 4502(b) of
this title applies that is at least 50 feet overall in length and is
built after July 1, 2012.
``(d)(1) After January 1, 2020, a fishing vessel, fish processing
vessel, or fish tender vessel to which section 4502(b) of this title
applies shall comply with an alternate safety compliance program that
is developed in cooperation with the commercial fishing industry and
prescribed by the Secretary, if the vessel--
``(A) is at least 50 feet overall in length;
``(B) is built before July 1, 2012; and
``(C) is 25 years of age or older.
``(2) A fishing vessel, fish processing vessel, or fish tender
vessel built before July 1, 2012, that undergoes a substantial change
to the dimension of or type of vessel completed after the later of July
1, 2012, or the date the Secretary establishes standards for an
alternate safety compliance program, shall comply with such an
alternative safety compliance program that is developed in cooperation
with the commercial fishing industry and prescribed by the Secretary.
``(3) Alternative safety compliance programs may be developed for
purposes of paragraph (1) for specific regions and fisheries.
``(4) Notwithstanding paragraph (1), vessels owned by a person that
owns more than 30 vessels subject to that paragraph are not required to
meet the alternate safety compliance requirements of that paragraph
until January 1, 2030, if that owner enters into a compliance agreement
with the Secretary that provides for a fixed schedule for all of the
vessels owned by that person to meet requirements of that paragraph by
that date and the vessel owner is meeting that schedule.
``(5) A fishing vessel, fish processing vessel, or fish tender
vessel to which section 4502(b) of this title applies that was classed
before July 1, 2012, shall--
``(A) remain subject to the requirements of a classification
society approved by the Secretary; and
``(B) have on board a certificate from that society.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 45 of title 46, United States Code, is amended by
striking the item relating to such section and inserting the
following:
``4503. Fishing, fish tender, and fish processing vessel
certification.''.
(f) Alternative Safety Compliance Program.--No later than January
1, 2017, the Secretary of the department in which the Coast Guard is
operating shall prescribe an alternative safety compliance program
referred to in section 4503(d)(1) of the title 46, United States Code,
as amended by this section.

07617d6173a3ed76beda12451030d81d74619688ae40a32d87d979d5f6f783d4

Section 7502 of title 46, United States Code, is amended--
(1) by inserting ``(a)'' before ``The'';
(2) by striking ``computerized records'' and inserting
``records, including electronic records,''; and
(3) by adding at the end the following:
``(b) The Secretary may prescribe regulations requiring a vessel
owner or managing operator of a commercial vessel, or the employer of a
seaman on that vessel, to maintain records of each individual engaged
on the vessel subject to inspection under chapter 33 on matters of
engagement, discharge, and service for not less than 5 years after the
date of the completion of the service of that individual on the vessel.
The regulations may require that a vessel owner, managing operator, or
employer shall make these records available to the individual and the
Coast Guard on request.
``(c) A person violating this section, or a regulation prescribed
under this section, is liable to the United States Government for a
civil penalty of not more than $5,000.''.

1b4766c37f7c229fe67c6c0a94ef4f4463960b558c30b97eb36206a6804d3bd0

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).

722f379d5f86089f5ece33f12fc5a25aa1b5d4a2d805e309f488ac2877a23bb7

(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.''.

8d55e633fad209e98dc7503d752e39d6414cd559b44657e48ededbc4a0c9b623

(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.''.

cd2175ee304f69fe2fccaaa3c623446a2cc30c598c6e9248007a1d2df14e0d00

(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.''.

d7188bea4e7280769a4b471bfe8ec117473993b2bb8a89e0a8403549bd8c095c

(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.''.

2056e20d2fe6d519d950967ec19ea782f5a7644e9bd82581669bce64d1003e12

(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.

b6853d67ddbcbbe20d5455da4b57a72ce42ee37607261f3ce00223416b1180bf

Section 3306 of title 46, United States Code, is amended by adding
at the end the following new subsection:
``(k)(1) Each vessel of the United States that is constructed under
a contract entered into after the date of enactment of the Maritime
Safety Act of 2010, or that is delivered after January 1, 2011, with an
aggregate capacity of 600 cubic meters or more of oil fuel, shall
comply with the requirements of Regulation 12A under Annex I to the
Protocol of 1978 relating to the International Convention for the
Prevention of Pollution from Ships, 1973, entitled `Oil Fuel Tank
Protection'.
``(2) The Secretary may prescribe regulations to apply the
requirements described in Regulation 12A to vessels described in
paragraph (1) that are not otherwise subject to that convention. Any
such regulation shall be considered to be an interpretive rule for the
purposes of section 553 of title 5.
``(3) In this subsection the term `oil fuel' means any oil used as
fuel in connection with the propulsion and auxiliary machinery of the
vessel in which such oil is carried.''.

5a1dc1244df9342f993612195cc35b6113af238520ad50705d7651639857ae50

Section 7105 of title 46, United States Code, is amended by
striking ``before a designated official''.

8c62c54d1564f8b2c72535038beba264f7ef1124dd11e0fbe7da17e6d3e61cdb

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

613202945f2889a3cdd23aedab80f4ed07c048695ba1e7ac743d9005a84f07ed

CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.
(a) Merchant Mariner Licenses and Documents.--Chapter 75 of title
46, United States Code, is amended by adding at the end the following:
``Sec. 7507. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
``(a) Licenses and Certificates of Registry.--Notwithstanding
sections 7106 and 7107, the Secretary of the department in which the
Coast Guard is operating may--
``(1) extend for not more than one year an expiring license or
certificate of registry issued for an individual under chapter 73
if the Secretary determines that the extension is required to
enable the Coast Guard to eliminate a backlog in processing
applications for those licenses or certificates of registry or in
response to a national emergency or natural disaster, as deemed
necessary by the Secretary; or
``(2) issue for not more than five years an expiring license or
certificate of registry issued for an individual under chapter 73
for the exclusive purpose of aligning the expiration date of such
license or certificate of registry with the expiration date of a
merchant mariner's document.
``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g),
the Secretary may--
``(1) extend for not more than one year an expiring merchant
mariner's document issued for an individual under chapter 73 if the
Secretary determines that the extension is required to enable the
Coast Guard to eliminate a backlog in processing applications for
those licenses or certificates of registry or in response to a
national emergency or natural disaster, as deemed necessary by the
Secretary; or
``(2) issue for not more than five years an expiring merchant
mariner's document issued for an individual under chapter 73 for
the exclusive purpose of aligning the expiration date of such
merchant mariner's document with the expiration date of a merchant
mariner's document.
``(c) Manner of Extension.--Any extensions granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``7507. Authority to extend the duration of licenses, certificates of
registry, and merchant mariner documents.''.

57068cc71571de96b17410033372136913b4192c084c876cf013e243fae549c0

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.

89903f3ae28aac50d0ab7d8bc2f20bc0ca34f2ac49585bf25963030ba5bef65e

(a) Removal of Tonnage Limits.--
(1) Definition.--
(A) In general.--Section 2101(19) of title 46, United
States Code, is amended by striking ``of more than 15 gross
tons but less than 500 gross tons as measured under section
14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary
under section 14104 of this title''.
(B) Exemption.--Section 5209(b)(1) of the Oceans Act of
1992 (Public Law 102-587; 46 U.S.C. 2101 note) is amended by
striking ``vessel.'' and inserting ``vessel of less than 500
gross tons as measured under section 14502, or an alternate
tonnage measured under section 14302 of such title as
prescribed by the Secretary under section 14104 of such
title.''.
(2) Application.--Section 3702(b) of title 46, United States
Code, is amended by striking paragraph (1) and redesignating
paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
(b) Scale of Employment: Able Seamen.--Section 7312(d) of title 46,
United States Code, is amended to read as follows:
``(d) Individuals qualified as able seamen--offshore. supply vessel
under section 7310 of this title may constitute all of the able seamen
required on board a vessel of less than 500 gross tons as measured
under section 14502 of this title or 6,000 gross tons as measured under
section 14302 of this title engaged in support of exploration,
exploitation, or production of offshore mineral or energy resources.
Individuals qualified as able seamen--limited under section 7308 of
this title may constitute all of the able seamen required on board a
vessel of at least 500 gross tons as measured under section 14502 of
this title or 6,000 gross tons as measured under section as measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title engaged in support of exploration,
exploitation, or production of offshore mineral or energy resources.''.
(c) Minimum Number of Licensed Individuals.--Section 8301(b) of
title 46, United States Code, is amended to read as follows:
``(b)(1) An offshore supply vessel of less than 500 gross tons as
measured under section 14502 of this title or 6,000 gross tons as
measured under section 14302 of this title on a voyage of less than 600
miles shall have a licensed mate. If the vessel is on a voyage of at
least 600 miles, however, the vessel shall have 2 licensed mates.
``(2) An offshore supply vessel of at least 6,000 gross tons as
measured under section 14302 of this title on a voyage of less than 600
miles shall have at least two licensed mates, provided the offshore
supply vessel meets the requirements of section 8104(g)(2). An offshore
supply vessel of at least 6,000 gross tons as measured under section
14302 of this title on a voyage of at least 600 miles shall have three
licensed mates.
``(3) An offshore supply vessel of more than 200 gross tons as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title, may not be operated
without a licensed engineer.''.
(d) Watches.--Section 8104(g) of title 46, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) applies to an offshore supply vessel of at
least 6,000 gross tons as measured under section 14302 of this title if
the individuals engaged on the vessel are in compliance with hours of
service requirements (including recording and recordkeeping of that
service) as prescribed by the Secretary.''.
(e) Oil Fuel Tank Protection.--
(1) Application.--An offshore supply vessel of at least 6,000
gross tons as measured under section 14302 of title 46, United
States Code, that is constructed under a contract entered into
after the date of enactment of this Act, or that is delivered after
August 1, 2010, with an aggregate capacity of 600 cubic meters or
more of oil fuel, shall comply with the requirements of Regulation
12A under Annex I to the Protocol of 1978 relating to the
International Convention for the Prevention of Pollution from
Ships, 1973, entitled Oil Fuel Tank Protection, regardless of
whether such vessel is engaged in the coastwise trade or on an
international voyage.
(2) Definition.--In this subsection the term ``oil fuel'' means
any oil used as fuel in connection with the propulsion and
auxiliary machinery of the vessel in which such oil is carried.
(f) Regulations.--
(1) In general.--Not later than January 1, 2012, the Secretary
of the department in which the Coast Guard is operating shall
promulgate regulations to implement the amendments and authorities
enacted by this section for offshore supply vessels of at least
6,000 gross tons as measured under section 14302 of title 46,
United States Code, and to ensure the safe carriage of oil,
hazardous substances, and individuals in addition to the crew on
such vessels. The final rule issued pursuant to such rulemaking may
supersede the interim final rule promulgated under paragraph (2) of
this subsection. In promulgating regulations under this subsection,
the Secretary shall take into consideration the characteristics of
offshore supply vessels, their methods of operation, and their
service in support of exploration, exploitation, or production of
offshore mineral or energy resources.
(2) Interim final rule authority.--As soon as is practicable
and without regard to the provisions of chapters 5 and 6 of title
5, United States Code, the Secretary shall issue an interim final
rule as a temporary regulation implementing this section (including
the amendments made by this section) for offshore supply vessels of
at least 6,000 gross tons as measured under section 14302 of title
46, United States Code, and to ensure the safe carriage of oil,
hazardous substances, and individuals in addition to the crew on
such vessels.
(3) Interim period.--After the effective date of this Act,
prior to the effective date of the regulations prescribed by
paragraph (2) of this subsection, and without regard to the
provisions of chapters 5 and 6 of title 5, United States Code, and
the offshore supply vessel tonnage limits of applicable regulations
and policy guidance promulgated prior to the date of enactment of
this Act, the Secretary of the department in which the Coast Guard
is operating may--
(A) issue a certificate of inspection under section 3309 of
title 46, United States Code, to an offshore supply vessel of
at least 6,000 gross tons as measured under section 14302 of
that title if the Secretary determines that such vessel's
arrangements and equipment meet the current Coast Guard
requirements for certification as a cargo and miscellaneous
vessel;
(B) authorize a master, mate, or engineer who possesses an
ocean or near coastal license and endorsement under part 11 of
subchapter B of title 46, Code of Federal Regulations, (or any
successor regulation) that qualifies the licensed officer for
service on offshore supply vessels of at least 3,000 gross tons
but less than 6,000 gross tons, as measured under section 14302
of title 46, United States Code, to operate offshore supply
vessels of at least 6,000 gross tons, as measured under such
section; and
(C) authorize any such master, mate, or engineer who also
possesses an ocean or near coastal license and endorsement
under such part that qualifies the licensed officer for service
on non trade-restricted vessels of at least 1,600 gross tons
but less than 3,000 gross tons, as measured under such section,
to increase the tonnage limitation of such license and
endorsement under section 402(c) of such part, using service on
vessels certificated under both subchapters I and L of such
title and measured only under such section, except that such
tonnage limitation shall not exceed 10,000 gross tons as
measured under such section.

6423a9bc01046e23c46bfe7ba3ce89ee6c5fec074d17a8347fc7edf2238e7c1e

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

1cd7636fb18742c3c013ae7f04d4993ed14b65daa608bea9c6df3985d847786b

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.''.

3ada44227884301d5e2652cfe8f2d3bf76d737dda1420ddd3690d6bc07a5b79a

(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.

897122d9d3dd8ded7faa8fbd2ea7136d9359b4b36fae77c8f0f6367ac697cc6c

(a) Great Lakes Pilotage Advisory Committee.--Section 9307(f)(1) of
title 46, United States Code, is amended by striking ``September 30,
2010.'' and inserting ``September 30, 2020.''.
(b) National Boating Safety Advisory Council.--Section 13110 of
title 46, United States Code, is amended--
(1) in subsection (d), by striking the first sentence; and
(2) in subsection (e), by striking ``September 30, 2010.'' and
inserting ``September 30, 2020.''.
(c) Houston-Galveston Navigation Safety Advisory Committee.--
Section 18(h) of the Coast Guard Authorization Act of 1991 (Public Law
102-241 as amended by Public Law 104-324) is amended by striking
``September 30, 2010.'' and inserting ``September 30, 2020.''.
(d) Lower Mississippi River Waterway Safety Advisory Committee.--
Section 19 of the Coast Guard Authorization Act of 1991 (Public Law
102-241) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``twenty-four'' and inserting ``twenty-five''; and
(B) by adding at the end the following new paragraph:
``(12) One member representing the Associated Federal Pilots
and Docking Masters of Louisiana.''; and
(2) in subsection (g), by striking ``September 30, 2010.'' and
inserting ``September 30, 2020.''.
(e) Towing Safety Advisory Committee.--The Act entitled ``An Act To
establish a Towing Safety Advisory Committee in the Department of
Transportation'', approved October 6, 1980, (33 U.S.C. 1231a) is
amended--
(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.''.
(g) Delaware River and Bay Oil Spill Advisory Committee.--
(1) In general.--Section 607 of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241; 120 Stat. 556) is
amended--
(A) in subsection (c)(2), by striking ``Not later than 18
months after the date that the Commandant completes appointment
of the members of the Committee,'' and inserting ``Not later
than December 31, 2010,'';
(B) in subsection (h), by striking ``2007'' and inserting
``2011''; and
(C) by striking subsection (i) and inserting the following:
``(i) Termination.--The Committee shall terminate 30 days after it
transmits its report, pursuant to subsection (c)(2), but no later than
December 31, 2010, whichever is earlier.''.
(2) Effective date.--The amendments made by this subsection are
deemed to have taken effect as if they were enacted on July 11,
2006.
(3) Charter.--Any charter pertaining to the Delaware River and
Bay Oil Spill Advisory Committee is deemed not to have lapsed, and
to have remained in effect, and, notwithstanding any other
provision of law or policy, shall terminate 30 days after the date
the Committee transmits its report, pursuant to section 607(c)(2)
of the Coast Guard and Maritime Transportation Act of 2006 (Public
Law 109-241; 120 Stat. 557), but not later than December 31, 2010,
whichever is earlier.
(4) Appointments to committee.--Any appointment to the Delaware
River and Bay Oil Spill Advisory Committee is deemed not to have
lapsed, and to have remained in effect, and, notwithstanding any
other provision of law or policy, shall terminate 30 days after the
Committee transmits its report, pursuant to section 607(c)(2) of
the Coast Guard and Maritime Transportation Act of 2006 (Public Law
109-241; 120 Stat. 557), but not later than December 31, 2010,
whichever is earlier.

916c05cd806b5849d2724e433fe42741dbcf660bf0dfb9d28e1aa62132e867b4

(a) In General.--Section 3316 of title 46, United States Code, is
amended by adding at the end the following new subsection:
``(d)(1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the Secretary
as meeting acceptable standards for such a society, for a United States
offshore facility, the authority to--
``(A) review and approve plans required for issuing a
certificate of inspection, a certificate of compliance, or any
other certification and related documents issued by the Coast Guard
pursuant to regulations issued under section 30 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356); and
``(B) conduct inspections and examinations.
``(2) The Secretary may make a delegation under paragraph (1) to a
foreign classification society only if--
``(A) the foreign society has offices and maintains records in
the United States; and
``(B)(i) the government of the foreign country in which the
foreign society is headquartered delegates that authority to the
American Bureau of Shipping; or
``(ii) the Secretary has entered into an agreement with the
government of the foreign country in which the foreign society is
headquartered that--
``(I) ensures the government of the foreign country will
accept plan review, inspections, or examinations conducted by
the American Bureau of Shipping and provide equivalent access
to inspect, certify, and provide related services to offshore
facilities located in that country or operating under the
authority of that country; and
``(II) is in full accord with principles of reciprocity in
regards to any delegation contemplated by the Secretary under
paragraph (1).
``(3) If an inspection or examination is conducted under authority
delegated under this subsection, the person to which the authority was
delegated--
``(A) shall maintain in the United States complete files of all
information derived from or necessarily connected with the
inspection or examination for at least 2 years after the United
States offshore facility ceases to be certified; and
``(B) shall permit access to those files at all reasonable
times to any officer, employee, or member of the Coast Guard
designated--
``(i) as a marine inspector and serving in a position as a
marine inspector; or
``(ii) in writing by the Secretary to have access to those
files.
``(4) For purposes of this subsection--
``(A) the term `offshore facility' means any installation,
structure, or other device (including any vessel not documented
under chapter 121 of this title or the laws of another country),
fixed or floating, that dynamically holds position or is
temporarily or permanently attached to the seabed or subsoil under
the sea; and
``(B) the term `United States offshore facility' means any
offshore facility, fixed or floating, that dynamically holds
position or is temporarily or permanently attached to the seabed or
subsoil under the territorial sea of the United States or the outer
Continental Shelf (as that term is defined in section 2 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331)), including any
vessel, rig, platform, or other vehicle or structure subject to
regulation under section 30 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1356).''.
(b) Review and Approval of Classification Society Required.--
Section 3316(c) of title 46, United States Code, is amended by striking
so much as precedes paragraph (2) and inserting the following:
``(c)(1) A classification society (including an employee or agent
of that society) may not review, examine, survey, or certify the
construction, repair, or alteration of a vessel in the United States
unless the society has applied for approval under this subsection and
the Secretary has reviewed and approved that society with respect to
the conduct of that society under paragraph (2).''.

3f62e65853941a2ef6148fbed9be8b9d1742f0dbfb1915b5a4f8c17f097cad59

(a) Status Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall provide a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure on
the status of all Coast Guard rulemakings required or otherwise
being developed (but for which no final rule has been issued as of
the date of enactment of this Act) under section 311 of the Federal
Water Pollution Control Act (33 U.S.C. 1321).
(2) Information required.--The Secretary shall include in the
report required in paragraph (1)--
(A) a detailed explanation with respect to each such
rulemaking as to--
(i) what steps have been completed;
(ii) what areas remain to be addressed; and
(iii) the cause of any delays; and
(B) the date by which a final rule may reasonably be
expected to be issued.
(b) Final Rules.--The Secretary shall issue a final rule in each
pending rulemaking described in subsection (a) as soon as practicable,
but in no event later than 18 months after the date of enactment of
this Act.
(c) Towing Vessels.--No later than 90 days after the date of
enactment of this Act, the Secretary shall issue a notice of proposed
rulemaking regarding inspection requirements for towing vessels
required under section 3306(j) of title 46, United States Code. The
Secretary shall issue a final rule pursuant to that rulemaking no later
than 1 year after the date of enactment of this Act.

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(a) Regulations.--Within 1 year after the date of enactment of this
Act, the Secretary shall promulgate regulations to reduce the risks of
oil spills in operations involving the transfer of oil from or to a
tank vessel. The regulations--
(1) shall focus on operations that have the highest risks of
discharge, including operations at night and in inclement weather;
(2) shall consider--
(A) requirements for the use of equipment, such as putting
booms in place for transfers, safety, and environmental
impacts;
(B) operational procedures such as manning standards,
communications protocols, and restrictions on operations in
high-risk areas; or
(C) both such requirements and operational procedures; and
(3) shall take into account the safety of personnel and
effectiveness of available procedures and equipment for preventing
or mitigating transfer spills.
(b) Application With State Laws.--The regulations promulgated under
subsection (a) do not preclude the enforcement of any State law or
regulation the requirements of which are at least as stringent as
requirements under the regulations (as determined by the Secretary)
that--
(1) applies in State waters; and
(2) does not conflict with, or interfere with the enforcement
of, requirements and operational procedures under the regulations.

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INCIDENTS.
(a) Report.--Within 1 year after the date of enactment of this Act,
the Secretary shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House Committee on
Transportation and Infrastructure that, using available data--
(1) identifies the types of human errors that, combined, could
cause oil spills, with particular attention to human error caused
by fatigue, in the past 10 years;
(2) in consultation with representatives of industry and labor
and experts in the fields of marine casualties and human factors,
identifies the most frequent types of near-miss oil spill incidents
involving vessels such as collisions, allisions, groundings, and
loss of propulsion in the past 10 years;
(3) describes the extent to which there are gaps in the data
required under paragraphs (1) and (2), including gaps in the
ability to define and identify fatigue, and explains the reason for
those gaps; and
(4) includes recommendations by the Secretary and
representatives of industry and labor and experts in the fields of
marine casualties and human factors to address the identified types
of errors and any such gaps in the data.
(b) Measures.--Based on the findings contained in the report
required by subsection (a), the Secretary shall take appropriate action
to reduce the risk of oil spills caused by human error.
(c) Confidentiality of Voluntarily Submitted Information.--The
identity of a person making a voluntary disclosure under this section,
and any information obtained from any such voluntary disclosure, shall
be treated as confidential.
(d) Discovery of Voluntarily Submitted Information.--
(1) In general.--Except as provided in this subsection, a party
in a judicial proceeding may not use discovery to obtain
information or data collected or received by the Secretary for use
in the report required in subsection (a).
(2) Exception.--
(A) Notwithstanding paragraph (1), a court may allow
discovery by a party in a judicial proceeding of data described
in paragraph (1) if, after an in camera review of the
information or data, the court decides that there is a
compelling reason to allow the discovery.
(B) When a court allows discovery in a judicial proceeding
as permitted under this paragraph, the court shall issue a
protective order--
(i) to limit the use of the data to the judicial
proceeding; and
(ii) to prohibit dissemination of the data to any
person who does not need access to the data for the
proceeding.
(C) A court may allow data it has decided is discoverable
under this paragraph to be admitted into evidence in a judicial
proceeding only if the court places the data under seal to
prevent the use of the data for a purpose other than for the
proceeding.
(3) Application.--Paragraph (1) shall not apply to--
(A) any disclosure made with actual knowledge that the
disclosure was false, inaccurate, or misleading; or
(B) any disclosure made with reckless disregard as to the
truth or falsity of that disclosure.
(e) Restriction on Use of Data.--Data that is voluntarily submitted
for the purpose of the study required under subsection (a) shall not be
used in an administrative action under chapter 77 of title 46, United
States Code.

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

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(a) Prevention and Education Program.--The Under Secretary of
Commerce for Oceans and Atmosphere, in consultation with the Secretary
of the Department in which the Coast Guard is operating and other
appropriate agencies, shall establish an oil spill prevention and
education program for small vessels. The program shall provide for
assessment, outreach, and training and voluntary compliance activities
to prevent and improve the effective response to oil spills from
vessels and facilities not required to prepare a vessel response plan
under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
including recreational vessels, commercial fishing vessels, marinas,
and aquaculture facilities. The Under Secretary may provide grants to
sea grant colleges and institutes designated under section 207 of the
National Sea Grant College Program Act (33 U.S.C. 1126) and to State
agencies, tribal governments, and other appropriate entities to carry
out--
(1) regional assessments to quantify the source, incidence and
volume of small oil spills, focusing initially on regions in the
country where, in the past 10 years, the incidence of such spills
is estimated to be the highest;
(2) voluntary, incentive-based clean marina programs that
encourage marina operators, recreational boaters, and small
commercial vessel operators to engage in environmentally sound
operating and maintenance procedures and best management practices
to prevent or reduce pollution from oil spills and other sources;
(3) cooperative oil spill prevention education programs that
promote public understanding of the impacts of spilled oil and
provide useful information and techniques to minimize pollution,
including methods to remove oil and reduce oil contamination of
bilge water, prevent accidental spills during maintenance and
refueling and properly cleanup and dispose of oil and hazardous
substances; and
(4) support for programs, including outreach and education to
address derelict vessels and the threat of such vessels sinking and
discharging oil and other hazardous substances, including outreach
and education to involve efforts to the owners of such vessels.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary of Commerce for Oceans and
Atmosphere to carry out this section, $10,000,000 for each of fiscal
years 2010 through 2014.

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(a) In General.--Within 6 months after the date of enactment of
this Act, the Secretary of the Department in which the Coast Guard is
operating shall complete the development of a tribal consultation
policy, which recognizes and protects to the maximum extent practicable
tribal treaty rights and trust assets in order to improve the Coast
Guard's consultation and coordination with the tribal governments of
federally recognized Indian tribes with respect to oil spill
prevention, preparedness, response and natural resource damage
assessment.
(b) Inclusion of Tribal Government.--The Secretary of the
Department in which the Coast Guard is operating shall ensure that, as
soon as practicable after identifying an oil spill that is likely to
have a significant impact on natural or cultural resources owned or
directly utilized by a federally recognized Indian tribe, the Coast
Guard will--
(1) ensure that representatives of the tribal government of the
affected tribes are included as part of the incident command system
established by the Coast Guard to respond to the spill;
(2) share information about the oil spill with the tribal
government of the affected tribe; and
(3) to the extent practicable, involve tribal governments in
deciding how to respond to the spill.
(c) Cooperative Arrangements.--The Coast Guard may enter into
memoranda of agreement and associated protocols with Indian tribal
governments in order to establish cooperative arrangements for oil
pollution prevention, preparedness, and response. Such memoranda may be
entered into prior to the development of the tribal consultation and
coordination policy to provide Indian tribes grant and contract
assistance. Such memoranda of agreement and associated protocols with
Indian tribal governments may include--
(1) arrangements for the assistance of the tribal government to
participate in the development of the National Contingency Plan and
local Area Contingency Plans to the extent they affect tribal
lands, cultural and natural resources;
(2) arrangements for the assistance of the tribal government to
develop the capacity to implement the National Contingency Plan and
local Area Contingency Plans to the extent they affect tribal
lands, cultural and natural resources;
(3) provisions on coordination in the event of a spill,
including agreements that representatives of the tribal government
will be included as part of the regional response team co-chaired
by the Coast Guard and the Environmental Protection Agency to
establish policies for responding to oil spills;
(4) arrangements for the Coast Guard to provide training of
tribal incident commanders and spill responders for oil spill
preparedness and response;
(5) demonstration projects to assist tribal governments in
building the capacity to protect tribal treaty rights and trust
assets from oil spills; and
(6) such additional measures the Coast Guard determines to be
necessary for oil pollution prevention, preparedness, and response.
(d) Funding for Tribal Participation.--Subject to the availability
of appropriations, the Commandant of the Coast Guard shall provide
assistance to participating tribal governments in order to facilitate
the implementation of cooperative arrangements under subsection (c) and
ensure the participation of tribal governments in such arrangements.
There are authorized to be appropriated to the Commandant $500,000 for
each of fiscal years 2010 through 2014 to be used to carry out this
section.

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Maritime Safety Act of 2010 — HR. 3619

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